不确定诉讼与责任保险

Uncertain Litigation and Liability Insurance

RAND Journal of Economics · 1991
被引 39
人大 AFT50ABS 4

中文导读

分析法律惩罚与责任保险对潜在加害人谨慎激励的交互影响,发现当诉讼标准不确定时,限制保险覆盖反而可能降低确保谨慎的社会成本。

Abstract

Legal penalties and liability insurance seem to have counteracting effects on the incentives of a potential injurer to take due care. However, if legal penalties are set efficiently and implemented perfectly, unrestricted access to insurance can be optimal. In contract, if the standards of guilt assessment are uncertain, the size of the legal penalties may act as a spur to litigation. Therefore, the penalties required to maintain incentives when access to insurance is unlimited may provoke too much litigation, and as a consequence, the costs of ensuring due care may decline when insurance is restricted by mandate.

诉讼不确定性责任保险法律惩罚注意义务激励