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In considering the effect of liability insurance on tort law we meet a serious difficulty at the threshold. While the rules of liability have changed but little in the past half century, the practical effects stemming from the application of these rules have been altered materially. To obtain an accurate picture of the impact of insurance we must examine not only the legal doctrines themselves, but also the operation of these doctrines both in and out of court, as well as the every-day practices of the insurance carriers, which may or may not reflect the legal rules. Realistically viewed, the practices of the carriers have become just as much rules of law as the pronouncements of the courts interpreting traditional doctrines.

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The Impact of Insurance on the Law of Torts (with J. Thornton), 15 Law & Contemp. Prob. 431 (1950)

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