This paper examines how insurance considerations should influence the design of liability rules, based on the realistic assumptions that individuals are risk-averse and that private insurance is costly. Empirical evidence indicates that insurance contracts often carry substantial loading factors-ranging from 30% to 40%-and that individuals display marked risk aversion when exposed to uncertain losses. These features have important normative implications for tort law. Under a negligence regime, risk aversion and costly insurance justify raising the standard of care. Under strict liability, the victim's limited access to affordable insurance supports higher damage awards. The analysis advances the argument that courts should not evaluate precautionary behavior solely based on its expected harm reduction, but rather on its insurance value-namely, its capacity to protect risk-averse parties from uncertain losses.

Franzoni, L.A. (2026). Efficient liability law with costly insurance. INTERNATIONAL REVIEW OF LAW AND ECONOMICS, 85, 1-8 [10.1016/j.irle.2025.106310].

Efficient liability law with costly insurance

Franzoni L. A.
Primo
Writing – Original Draft Preparation
2026

Abstract

This paper examines how insurance considerations should influence the design of liability rules, based on the realistic assumptions that individuals are risk-averse and that private insurance is costly. Empirical evidence indicates that insurance contracts often carry substantial loading factors-ranging from 30% to 40%-and that individuals display marked risk aversion when exposed to uncertain losses. These features have important normative implications for tort law. Under a negligence regime, risk aversion and costly insurance justify raising the standard of care. Under strict liability, the victim's limited access to affordable insurance supports higher damage awards. The analysis advances the argument that courts should not evaluate precautionary behavior solely based on its expected harm reduction, but rather on its insurance value-namely, its capacity to protect risk-averse parties from uncertain losses.
2026
Franzoni, L.A. (2026). Efficient liability law with costly insurance. INTERNATIONAL REVIEW OF LAW AND ECONOMICS, 85, 1-8 [10.1016/j.irle.2025.106310].
Franzoni, L. A.
File in questo prodotto:
File Dimensione Formato  
1-s2.0-S0144818825000663-main (1).pdf

accesso aperto

Tipo: Versione (PDF) editoriale / Version Of Record
Licenza: Licenza per Accesso Aperto. Creative Commons Attribuzione (CCBY)
Dimensione 828.27 kB
Formato Adobe PDF
828.27 kB Adobe PDF Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/1036546
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 0
  • ???jsp.display-item.citation.isi??? 0
social impact