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Tort Reform and Insurance Markets

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  • W. Kip Viscusi

Abstract

Proposed tort reforms have focused on punitive damages and noneconomic damages, each of which pose problems for jury decision making. The U.S. Supreme Court decision in State Farm v. Campbell will greatly limit very large punitive damages awards, and will affect smaller punitive awards to a lesser degree. Noneconomic damages caps enacted by state legislatures have greatly enhanced insurance market performance. Insurers operate within the context of a highly imperfect, regulated market in which there is substantial price rigidity induced by regulation. Reform efforts should strive to establish greater predictability and stability in these awards components rather than simply being concerned with imposing specific numerical caps.

Suggested Citation

  • W. Kip Viscusi, 2004. "Tort Reform and Insurance Markets," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 7(1), pages 9-24, March.
    • Handle: RePEc:bla:rmgtin:v:7:y:2004:i:1:p:9-24
    DOI: j.1098-1616.2004.00033.x
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    References listed on IDEAS

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    1. Viscusi, W Kip, 1999. "How Do Judges Think about Risk?," American Law and Economics Review, American Law and Economics Association, vol. 1(1-2), pages 26-62, Fall.
    2. Viscusi, W Kip, 2001. "The Challenge of Punitive Damages Mathematics," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 313-350, Part I Ju.
    3. Browne, Mark J & Puelz, Robert, 1999. "The Effect of Legal Rules on the Value of Economic and Non-economic Damages and the Decision to File," Journal of Risk and Uncertainty, Springer, vol. 18(2), pages 189-213, August.
    4. Doherty, Neil A & Lamm-Tennant, Joan & Starks, Laura T, 2003. "Insuring September 11th: Market Recovery and Transparency," Journal of Risk and Uncertainty, Springer, vol. 26(2-3), pages 179-199, March-May.
    5. Joan T. Schmit & Mark J. Browne & Han Duck Lee, 1997. "The Effect Of State Tort Reforms On Claim Filings," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 1(1), pages 1-17, July.
    6. Joni Hersch & W. Kip Viscusi, 2004. "Punitive Damages: How Judges and Juries Perform," The Journal of Legal Studies, University of Chicago Press, vol. 33(1), pages 1-36, January.
    7. Cummins, J David & Lewis, Christopher M, 2003. "Catastrophic Events, Parameter Uncertainty and the Breakdown of Implicit Long-Term Contracting: The Case of Terrorism Insurance," Journal of Risk and Uncertainty, Springer, vol. 26(2-3), pages 153-178, March-May.
    8. Viscusi, W Kip, 2001. "Jurors, Judges, and the Mistreatment of Risk by the Courts," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 107-142, January.
    9. Viscusi, W Kip, 1993. "The Risky Business of Insurance Pricing," Journal of Risk and Uncertainty, Springer, vol. 7(1), pages 117-139, August.
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    Cited by:

    1. Sofia Amaral-Garcia, 2015. "Non-economic Damages in Medical Malpractice Appeals: Does the Jurisdiction Make a Difference?," Discussion Papers of DIW Berlin 1506, DIW Berlin, German Institute for Economic Research.

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