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3 results

  • Underclaiming and Overclaiming

  • Sachin S. Pandya, Peter Siegelman
  • Journal:
    Law & Social Inquiry / Volume 38 / Issue 4 / Fall 2013
    Published online by Cambridge University Press:
    27 December 2018, pp. 836-862

  • Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.

  • The First Liability Insurance Cartel in America, 1896–1906

  • Sachin S. Pandya
  • Journal:
    Law and History Review / Volume 29 / Issue 2 / May 2011
    Published online by Cambridge University Press:
    09 May 2011, pp. 375-417
    Print publication:
    May 2011

  • This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability for employee accidents at work and non-employee injuries occasioned by their business operations. In 1896, the leading liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart.