• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    The Antitrust Suits and the Public Understanding of Insurance

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Antitrust_Suits_and_the_Public ...
    Size:
    2.516Mb
    Format:
    PDF
    Download
    Author
    Priest, George
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/4996
    Abstract
    The social significance of the insurance antitrust suits extends beyond the specific legal issues of McCarran-Ferguson Act interpretation and the economics of boycotts. Few people have forgotten the extraordinary insurance disruptions of 1985-1986. For liability insurance reasons, jails, day care centers, and ski lifts were closed; police patrols were suspended; and playground equipment and diving boards were removed from public schools and parks. For similar reasons, nurse-midwives could not obtain insurance and doctors fled from obstetric specialties. Though perhaps more quietly, producers removed scores of products from markets and product innovation declined. The insurance antitrust suits represent a national trial of the source of these disruptions. Narrowly, the suits claim that one principal phenomenon of the crisis, the withdrawal of occurrence, pollution, and defense cost insurance coverage, was generated by collusive practices of insurers, rather than by the expansion of tort liability. But the suits' broader social import stems from their implied allegation that the insurance industry possesses a combination of unbridled power and a voracious desire for profits that give it the ability and impetus to engage in massive manipulation of product and service markets, even of such central, yet vulnerable, services as municipal parks, day care, and obstetrics. In this respect, the suits represent the delegation to a jury, not merely of legal issues involving standard insurance forms, but of the broader charges of power, manipulation, and excessive profit making and of issues regarding the role and impact of state insurance regulation. The resolution of the suits may signal the direction of statutory and regulatory policies toward the insurance industry for the decade to come.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.