The Law and Economics of Insurance Law - A Primer
Connecticut Insurance Law Journal, Forthcoming
73 Pages Posted: 26 Apr 2011 Last revised: 3 May 2012
Date Written: November 25, 2011
This article presents the first law and economics perspective on the topic of insurance law as a whole. In doing so it provides both an overview of insurance law as well as a discussion on the major themes of the economic analysis of insurance law and its leading cases. The paper also presents a theoretical framework — the two islands functional approach — that can help solve insurance law puzzles. Ultimately, this paper could help any insurance law judge, lawyer, or student as well as any legislature to correctly conceptualize and solve the legal problems facing courts and insurance lawyers alike.
Keywords: insurance law, economic analysis, adverse selection, moral hazard
Suggested Citation: Suggested Citation