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The Effect of 1980s Tort Reform Legislation on General Liability and Medical Malpractice Insurance

Author

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  • Viscusi, W. Kip
  • Zeckhauser, Richard J.
  • Born, Patricia
  • Blackmon, Glenn

Abstract

A large number of states adopted tort reforms in the mid-1980s to limit the dramatic surge in insurance losses and premiums. Evidence based on liability insurance data by state indicates that these reforms substantially influenced general liability insurance. The levels of losses, premiums, and loss ratios (a measure of insurance profitability) all reflected the impact of the reforms. The large-scale reform efforts in 1986 were particularly influential. Medical malpractice insurance was much less sensitive to the reform efforts. Coauthors are Richard J. Zeckhauser, Patricia Born, and Glenn Blackmon. Copyright 1993 by Kluwer Academic Publishers

Suggested Citation

  • Viscusi, W. Kip & Zeckhauser, Richard J. & Born, Patricia & Blackmon, Glenn, 1993. "The Effect of 1980s Tort Reform Legislation on General Liability and Medical Malpractice Insurance," Journal of Risk and Uncertainty, Springer, vol. 6(2), pages 165-186, April.
    • Handle: RePEc:kap:jrisku:v:6:y:1993:i:2:p:165-86
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    Citations

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    Cited by:

    1. Patricia Born & W. Kip Viscusi & Tom Baker, 2009. "The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 76(1), pages 197-219, March.
    2. Hsueh-Hsiang Li & Alexandra Bernasek, 2018. "Tort Reforms and the Gender Distribution of Physicians," Eastern Economic Journal, Palgrave Macmillan;Eastern Economic Association, vol. 44(3), pages 437-454, June.
    3. Christopher Carpenter & Sebastian Tello-Trillo, 2015. "Do 'Cheeseburger Bills' Work? Effects of Tort Reform for Fast Food," Journal of Law and Economics, University of Chicago Press, vol. 58(4).
    4. Stephen P. King, 2010. "Does Tort Law Reform Help or Hurt Consumers?," The Economic Record, The Economic Society of Australia, vol. 86(275), pages 563-577, December.
    5. Patricia H. Born & J. Bradley Karl, 2016. "The Effect of Tort Reform on Medical Malpractice Insurance Market Trends," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(4), pages 718-755, December.
    6. Paul H. Rubin & Joanna M. Shepherd, 2007. "Tort Reform and Accidental Deaths," Journal of Law and Economics, University of Chicago Press, vol. 50(2), pages 221-238.
    7. Patricia H. Born & J. Bradley Karl & W. Kip Viscusi, 2017. "The net effects of medical malpractice tort reform on health insurance losses: the Texas experience," Health Economics Review, Springer, vol. 7(1), pages 1-16, December.
    8. Paul Heaton, 2017. "How Does Tort Law Affect Consumer Auto Insurance Costs?," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 84(2), pages 691-715, June.
    9. Ronen Avraham, 2007. "An Empirical Study of the Impact of Tort Reforms on Medical Malpractice Settlement Payments," The Journal of Legal Studies, University of Chicago Press, vol. 36(S2), pages 183-229, June.
    10. Santolino, Miguel, 2010. "Determinants of the decision to appeal against motor bodily injury judgements made by Spanish trial courts," International Review of Law and Economics, Elsevier, vol. 30(1), pages 37-45, March.
    11. W. Kip Viscusi & Patricia Born, 1999. "The Performance Of The 1980s California Insurance And Liability Reforms," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 2(2), pages 14-33, January.
    12. Paola Bertoli & Veronica Grembi, 2018. "Courts, scheduled damages, and medical malpractice insurance," Empirical Economics, Springer, vol. 55(2), pages 831-854, September.
    13. 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.
    14. Charles L. Baum, 2020. "The effects of medical malpractice tort reform on physician supply an analysis of legislative changes from 2009 to 2016," Southern Economic Journal, John Wiley & Sons, vol. 87(2), pages 540-575, October.
    15. Patricia Born & Faith Roberts Neale, 2014. "The Differential Effects of Noneconomic Damage Cap Levels on Medical Malpractice Insurers," Risk Management and Insurance Review, American Risk and Insurance Association, vol. 17(2), pages 163-181, September.

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