7325. Mass Tort Litigation and the Role of Liability Insurance

The course will examine the developments in US mass tort litigation and the role of liability insurance. Using examples of US mass tort litigation including opioids, sexual abuse/molestation, climate change, asbestos, and sports concussion, the course will survey the mass tort and liability insurance landscapes over the last several decades. Students will analyze core issues in the mass tort and liability insurance relationship including: the definition of an accident/occurrence; scope of damages; culpability; and other key liability policy provisions. The course will provide a "real world" understanding of the perspectives of various actors involved in mass tort litigation and their respective motivations and strategies. The course will conclude by examining the evolution of liability insurance markets and rise of new risk spreading mechanisms, and asking whether there are mass tort risks that are just too big to insure. LAW7530, Torts, is a pre-requisite to this course. LAW7675, Principles of Insurance, is suggested preparation.