An analysis of toxic tort and hazardous waste insurance coverage issues from the perspective of environmental liability insurance law.

Environmental Liability Insurance Law: An Analysis of Toxic Tort and Hazardous Waste Insurance Coverage Issues

Business & Money

Abraham, Kenneth S.

Insurance

Aspen Law & Business

Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001.
From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. 
Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. 
Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.

The Liability Century: Insurance and Tort Law from the Progressive Era to 9/11

Legal History

Harvard University Press

Tort Law and the Construction of Change studies the interaction of law and social change in American history. Tort law--civil law made by judges, not legislators--is traditionally thought to arise out of legal precedent. But Kenneth S. Abraham and G. Edward White show that American judges over the course of the previous two centuries also paid close attention to changing societal contexts in which lawsuits for civil injuries arose. They argue that two versions of history-one grounded in the application of previous legal rules and the other responsive to larger societal changes--must be considered in tandem to grasp fully how American civil law has evolved over time. In five fascinating chapters, they cover understudied areas of tort law, such as liability for nonphysical harm--including lawsuits for defamation, privacy, emotional distress, sexual harassment, and the hacking of confidential information--and aspects of tort litigation that have now disappeared, such as the prohibition against "interested" parties testifying in civil actions or the intentional infliction of temporal damage without justification. What emerges is a picture of the complicated legal dance American judges performed to cloak their decisions to make at times radical changes in tort law in response to social transformations. When confronting established tort doctrines under pressure from emerging social changes, they found ways to preserve at least the appearance of doctrinal continuity.

Tort Law and the Construction of Change: Studies in the Inevitability of History

White, G. Edward

University of Virginia Press

Insurance law and regulation: Cases and materials (University casebook series)

Business

Foundation Press

This casebook provides detailed information on insurance law. The casebook provides the tools for fast, easy, on-point research.  Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Abraham examines the forms and functions of tort law and delivers explanations of the major tort cases, along with an analysis of their implications. This softcover handbook surveys the nature and functions of tort law; intentional harms; negligence; defenses; liability; damages; limited duty; tort reform; workers' compensation; no-fault systems; and reputational, dignitary, and economic harms.

The Forms and Functions of Tort Law (Concepts & Insights)

West Pub/Law & Paralegal

This casebook provides detailed information on insurance law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Insurance Law and Regulation : Cases and Materials

Reference

Foundation Pr

This law school casebook provides explanations of every major tort case and analyzes their implications. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Abraham's the Forms and Functions of Tort Law: An Analytical Primer on Cases and Concepts (2nd Edition) (Concepts and Insights Series)

The Forms and Functions of Tort Law (Concepts and Insights)

See the best price to sell, buy, or rent books by Abraham, Kenneth S.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Abraham, Kenneth S.

See the best price to sell, buy, or rent books by Abraham, Kenneth S.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Environmental Liability Insurance Law: An Analysis of Toxic Tort and Hazardous Waste Insurance Coverage Issues

The Liability Century: Insurance and Tort Law from the Progressive Era to 9/11

Tort Law and the Construction of Change: Studies in the Inevitability of History

Tort Law and the Construction of Change: Studies in the Inevitability of History

Insurance law and regulation: Cases and materials (University casebook series)

Insurance law and regulation: Cases and materials (University casebook series)

The Forms and Functions of Tort Law (Concepts & Insights)

Insurance Law and Regulation : Cases and Materials

Abraham's the Forms and Functions of Tort Law: An Analytical Primer on Cases and Concepts (2nd Edition) (Concepts and Insights Series)

The Forms and Functions of Tort Law (Concepts and Insights)