TORT REFORM AND REGULATION OF THE INSURANCE INDUSTRY - MEDICAL MALPRACTICE LIABILITY PROPOSALS IN 1986

Tort reform was a key issue for state legislatures in 1986. It pitted powerful interests against other powerful interests; it raised basic questions about common law; and it threatened to alter the federal system by having the federal government claim greater control over tort law and insurance regulation. In this article we set the background that led to this flurry of attention, review the major proposals for reform, and outline the actions of both the federal government and state governments. The federal government did little in 1986; it still faces the question of whether to preempt traditional state authority in these areas. At the same time, virtually every state acted in 1986. Early in the year, the insurance industry (and physicians) set the debate-its topic, tone, and terms. By the time other interested parties got organized, many states had acted generally following the recommendations of the insurance industry. Later in the year, the debate became more heated, and the insurance industry had much more difficulty securing desired state action. As a result, many issues were carried forward to 1987. Copyright 1987, CSF Associates.

TORT REFORM AND REGULATION OF THE INSURANCE INDUSTRY - MEDICAL MALPRACTICE LIABILITY PROPOSALS IN 1986 Academic Article