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Article
Regulation by Liability Insurance: From Auto to Lawyers Professional Liability
UCLA Law Review
  • Tom Baker, University of Pennsylvania Carey Law School
  • Rick Swedloff, Rutgers University - Camden
Document Type
Article
Publication Date
1-1-2013
Abstract

Liability insurers use a variety of tools to address adverse selection and moral hazard in insurance relationships. These tools can act on insureds in a manner that can be understood as regulation. We identify seven categories of such regulatory activities: risk-based pricing, underwriting, contract design, claims management, loss prevention services, research and education, and engagement with public regulators. We describe these activities in general terms and then draw upon prior literature to explore them in the context of five areas of liability and corresponding insurance: shareholder liability, auto liability, gun liability, medical professional liability, and lawyers’ professional liability. The goal is to develop a conceptual framework to guide qualitative research on liability insurance as governance.

Keywords
  • Liability insurance,
  • administrative regulation,
  • risk,
  • behavior,
  • directors and officers liability insurance,
  • car insurance,
  • insurance for guns,
  • malpractice insurance
Publication Citation

60 UCLA L. Rev. 1412 (2013).

Citation Information
Tom Baker and Rick Swedloff. "Regulation by Liability Insurance: From Auto to Lawyers Professional Liability" UCLA Law Review (2013)
Available at: http://works.bepress.com/tom-baker-jd/40/