Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/102685 
Authors: 
Year of Publication: 
2014
Series/Report no.: 
Working Paper Series in Economics No. 300
Publisher: 
Leuphana Universität Lüneburg, Institut für Volkswirtschaftslehre, Lüneburg
Abstract: 
Since 2007, all insurance intermediaries face negligence liability that is supposed to reallocate risks and set economic incentives. Nonetheless, further measures are taken to improve consumer protection. So, the question arises does the liability rule influence the agents behavior, or not, and does it influence in the intended way, or not? Do court cases provide evidence for failure of the current liability rule? Based upon an economic analysis of liability rules, aspects concerning potential failures can be derived. An analysis of twelve verdicts suggests that understatement of intermediary responsibility as well as a potential overstatement of the consumer responsibility yields suboptimal results. Often, missing documentation reinforces that tendency.
Subjects: 
Insurance
Intermediaries
Liability
Consumer Protection
Court Errors
Court Cases
JEL: 
G22
D83
D89
K29
K40
Document Type: 
Working Paper

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