Covering Accident Costs (eBook)

Insurance, Liability, and Tort Reforms

Rahdert Mark Rahdert (Autor)

eBook Download: PDF

2010 | 1. Auflage
264 Seiten
Temple University Press (Verlag)
978-1-4399-0452-7 (ISBN)

Infos

On the surface, identity politics appears to promote polarization. To the contrary, political scientist Jos E. Cruz argues that, instead, fragmentation and instability are more likely to occur only when the differences are ignored and nonethnic strategies are employed. Cruz illustrates his claim by focusing on one group of Puerto Ricans and how they mobilized to demand accountability from political leaders in Hartford, Connecticut.

The activities of the Puerto Rican Political Action Committee from 1983 to 1991 illustrate the power of ethnic mobilization and strategy in an urban setting. Cruz examines their insistence on their right to be included in the political process in the context of both a typical mid-sized American city and the unique attributes of Hartford's predominantly white-collar population. At the same time, this study acknowledges the limitations of the exercise of such power in the political process.

Through extensive interviews Cruz brings to light the variety of ways in which politicians and political activists themselves view their own activities and achievements. This group of Puerto Rican activists attempted to penetrate the power structure of Hartford. Though their success was limited, their work constitutes a springboard for further change.

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Over the past century, tort law and insurance have developed deeply intertwined legal and economic roots. Insurance usually determines whether tort cases are brought to trial, whom plaintiffs sue, how much they claim, who provides the defense, how the case gets litigated, the dynamics of the settlement, and how much plaintiffs ultimately recover. But to what extent should liability rules be influenced by insurance? In this study, Mark Rahdert identifies the leading arguments both in favor of and against what he terms the "e;insurance rationale"e;-the idea that tort law should be structured to facilitate victim access to assured compensation.The insurance rationale has been a leading force in the development of product liability law and, as a component of accident compensation, has significantly influenced pro-plaintiff advances in principal areas of tort law. However, the insurance rationale is also the source of great controversy. Critics charge that liability rules deliberately set to maximize plaintiffs' access to insurance funds have corrupted the system, causing insurance costs to spiral upward uncontrollably. Considering the strengths and weaknesses of both sides of the current debate, Rahdert develops a modified version of the insurance rationale that can become a tool for evaluating future tort reform proposals.

Produkt-Details

• Erscheint lt. Verlag: 1.6.2010
• Sprache: englisch
• Themenwelt: Literatur
• Themenwelt: Sachbuch/Ratgeber
• Themenwelt: Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht
• Themenwelt: Recht / Steuern ► EU / Internationales Recht
• Themenwelt: Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
• Themenwelt: Sozialwissenschaften
• Themenwelt: Betriebswirtschaft / Management ► Spezielle Betriebswirtschaftslehre ► Versicherungsbetriebslehre
• ISBN-10: 1-4399-0452-9 / 1439904529
• ISBN-13: 978-1-4399-0452-7 / 9781439904527