Tort and Insurance Law

ISSN: 1616-8623 (Print)

Description

Liability law is rapidly changing in quite a number of countries. This is due to various factors, which are interrelated to a large extent: changing case law and legislation as well as increased and still increasing technical and medical knowledge. As a result, various occupational diseases can, for example, be attributed to working conditions or personal injury to specific products. From the very moment that causation can be proven, the question arises of whether or not liability can be established - with far-reaching economic consequences for all parties involved.
The rise of phenomena such as mass torts, multiple causation, joint and several liability or various heads of damages (like ecological damage and several diseases and affections) rapidly increases the interest in tort law. In the context of the interrelation between liability and insurance, attention must be paid to the question of whether certain liabilities are still coverable or not, and, if they are, to what amounts.
(The question of jurisdictions is of growing importance as is the question of whether a specific liability can be covered by insurance. In this context, one should bear in mind that the affordability of tort law also requires safe and sound insurers. The recent past has shown that there is a limit to their financial stability.)
The European Centre of Tort and Insurance Law pays attention to fundamental legal questions in its name-giving fields and focuses on topics deserving our attention in view of their practical and dogmatic impact. Its aim is to take all relevant circumstances into account (briefly: the interests of victims, tortfeasors and society at large. It aims at focusing on insurance matters only to the extent that these have an impact on liability law, or vice versa, and reflects the potential consequences of given or possible legal solutions.).