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Might
not public liability insurance be inducing litigation?
Presumably
it is easier to demand large payouts from big insurance corporations than from
individuals and community groups. Would a judge be as inclined to award large
damages claims that would curtail a bush fire service, ruin a local
kindergarten, or force medical practitioners out of business?
The
easiest reform would be to cap the maximum insurance payout. This would require
judges to give greater consideration to the broader social cost of their
decisions.
Published
in the Age, 2 June 2002 |