Tort Law and Liability Insurance
Among scholars as well as practitioners it is taken for granted that liability insurance and liability in tort interrelate in many ways. In fact, insurance carriers are major players in the area of claims for damages. In striking contrast to common belief
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Tort and Insurance Law Vol. 16 Edited by the
European Centre of Tort and Insurance Law together with the
Research Unit for European Tort Law of the Austrian Academy of Sciences
Gerhard Wagner (ed.) Tort Law and Liability Insurance With Contributions by Tom Baker Urs de Maddalena Vincent Brulhart Daniel Rubin Guy Chappuis Alessandro P. Scarso Bill Dufwa Jaap Spier Michael Faure Peter Thalmair Attila Fenyves Thomas S. Ulen Giovanni Iudica Gerhard Wagner Christian Lahnstein Jürg Waldmeier Richard Lewis Stephan Weber
SpringerWienNewYork
European Centre of Tort and Insurance Law Landesgerichtsstraße 11 1080 Vienna, Austria Tel.: +43 1 40127 1688 Fax: +43 1 40127 1685 E-Mail: [email protected] Austrian Academy of Sciences Research Unit for European Tort Law Landesgerichtsstraße 11 1080 Vienna, Austria Tel.: +43 1 40127 1687 Fax: +43 1 40127 1685 E-Mail: [email protected]
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ISSN 1616-8623
ISBN-10 ISBN-13
3-211-24482-4 SpringerWienNewYork 978-3-211-24482-1 SpringerWienNewYork
Preface The interrelationship between tort law and liability insurance is a topic that lacks an entry within the indexes of most textbooks either on the law of torts or on insurance law. Insurance specialists focus their attention on an exposition of the many legal issues associated with liability insurance as a legal product. Tort law specialists concern themselves with the definition and explanation of the conditions which have to be met in order to find the defendant liable. Relatively few scholars care about the link between the two legal islands, and raise the issue of if and how liability insurance affects the operation of tort law. Precisely because the relationship between tort law and liability insurance is a borderline topic, it proved difficult to research. To begin with, it was anything but easy to find scholars ready and willing to contribute. To our deep regret, it was not possible to solicit the participation of a French reporter who could have provided valuable input since French law clearly occupies a distinguished position in the murky area between tort law and liability insurance. All the more grateful
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