LEGAL AMBIGUITY LIABILITY INSURANCE AND TORT REFORM法律上的赔偿责任保险与侵权责任.pdf

DePaul Law R eview Volume 60 Issue 2 Winter 2011: Sy mp osium - The Limits of Article 13 P edictability a nd the Value of Unce tainty Legal Ambiguity, Liability Insurance, and Tort Reform Mark A . Geistfeld Follow this nd dditional works t : http://vi .libr ry.dep /l w-review Recommended Cit tion M rk A . Geistfeld, Leg al Ambig uity, L iability I nsu ance, and To t Refo m, 60 DeP ul L. Rev. 539 (2011) Avail ble t : http://vi .libr ry.dep /l w-review/vol60/iss2/13 This Article is brought to you for free nd open ccess by the College of L w t Via S pienti e. It has been ccepted for inclusion in DeP ul L w R eview by n uthorized dministr tor of Via S pienti e. For more inform tion, please cont ct mbernal2@dep , MHESS8@dep . LEGAL AMBIGUITY, LIABILITY INSURANCE, AND TORT REFORM Mark A. Geistfeld* INTRODUCTION In a world of uncertainty, mistaken decisions are inevitable. The burden of these mistakes must be borne by someone. A liability rule that required plaintiffs to prove the prima facie case of liability with certainty, for example, would place the entire burden of uncertainty on the associated class of rightholders. A liability rule that required the defendant to negate the prima facie case with certainty, by con- trast, would place the entire burden of uncertainty on the associated class of dutyholders. Rather than place the entire burden of uncer- tainty