Response from Emmet Spier and Adrian Thomas

Spier, Emmet; Thomas, Antoinette

doi:10.1016/s1364-6613(98)01158-9

Cited by 1 publication

(1 citation statement)

References 5 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The Supreme Court once more shifted the uncertainty concerning causation to the enterprise by holding that it was presumed that the employee had been in contact with the fatal asbestos fibre during the second period of his employment with the defendant. 41 This presumption could have been rebutted if the defendant had been able to prove that it was not during the second period that Cijsouw was employed by the defendant that he was in contact with the fatal fibre. 42 Obviously, this would have been practically impossible for the employer.…”

Section: (I) Retrospective Liabilitymentioning

confidence: 99%

Remedies for expanding liability

Faure

Hartlief

1998

Oxford Journal of Legal Studies

View full text Add to dashboard Cite

bstract-This paper deals with the claims of industrial operators and their insurers that expanding liability is being experienced in many legal systems in Europe and will lead to the uninsurability of certain risks. In this paper we address some aspects of this insurability problem by trying to identify precisely what might make an expanding liability risk uninsurable. Then we examine whether there are remedies for expanding liability that might result in certain risks remaining insurable. In that respect we shall consider alternative compensation systems, financial caps, differentiation of risks, and the application of insurance policies over time, more specifically related to so-called 'long-tail' risks. Although each of these aspects might merit a separate paper, we prefer to discuss them in an integrated way by providing a balanced answer to current questions concerning the insurability of modem industrial hazards. * We are grateful to the participants of the 1996 Annual Conference of the European Association of Law and Economics, in particular to Israel Gilead and to Jaap Spier for comments on an earlier draft of this paper.

show abstract

Section: (I) Retrospective Liabilitymentioning

confidence: 99%