Table of Contents
Introduction
Part I: The Insurance Rationale for Tort Liability in Legal Theory
1. The Early History of the Insurance Rationale
2. Emergence of a General Insurance Rationale: The Triumph of Legal Realism
3. The Insurance Rationale Decried: The Theoretical Underpinnings of the Current Movement for Tort Reform
4. The Role of Insurance in Tort Liability: Some Preliminary Lessons from Scholarship
Part II: The Insurance Rationale for Tort Liability in Practice
5. Judicial and Legislative Approaches to the Insurance Rationale
6. Some Prominent Examples of the Insurance Rationale in Practice
7. Summary of Principal Themes
Part III: The Insurance Rationale, the Liability Insurance Crisis, and the Future of Tort Reform
8. The Insurance Rationale and the Late Liability Insurance Crisis
9. The Insurance Rationale Reconsidered
10. The Insurance Rationale and the Future of Tort Reform
Notes
Index