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Confidentiality, Transparency, and the U.S. Civil Justice System
This chapter describes how liability insurance has contributed to the transparency of the civil justice system. The chapter makes three main points. First, much of what we know about the empirics of the civil justice system comes from access to liability insurance data and personnel. Second, as long as access to liability insurance data and personnel depends on the discretion of liability insurance organizations, this knowledge will be incomplete and, most likely, biased in favor of the public policy agenda of the organizations providing discretionary access to the data. Third, although mandatory disclosure of liability insurance data would improve transparency, a reasonably complete understanding of the empirics of the civil justice system also requires mandatory disclosure of the payments and defense expenditures that are not covered by alternative risk transfer arrangements.
Baker, T. (2012). Transparency through Insurance: Mandates Dominate Discretion. In Doherty, J.W., Reville, R.T., & Zakaras, L. (Eds.), Confidentiality, Transparency, and the U.S. Civil Justice System, (pp. 184-200). New York: Oxford University Press.
Date Posted: 27 November 2017