| 来源类型 | Working Paper |
| 规范类型 | 报告 |
| DOI | 10.3386/w23303 |
| 来源ID | Working Paper 23303 |
| Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered | |
| A. Mitchell Polinsky; Steven Shavell | |
| 发表日期 | 2017-04-03 |
| 出版年 | 2017 |
| 语种 | 英语 |
| 摘要 | The theory of insurance is considered here when an insured individual may be able to sue another party for the losses that the insured suffered—and thus when an insured has a potential source of compensation in addition to insurance coverage. Insurance policies reflect this possibility through so-called subrogation provisions that give insurers the right to step into the shoes of insureds and to bring suits against injurers. In a basic case, the optimal subrogation provisions involve full retention by the insurer of the proceeds from a successful suit and the pursuit of all positive expected value suits. This eliminates litigation risks for insureds and results in lower premiums—financed by the litigation income of insurers, including from suits that insureds would not otherwise have brought. Moreover, optimal subrogation provisions are characterized in the presence of moral hazard, administrative costs, and non-monetary losses and it is demonstrated that optimal provisions entail sharing litigation proceeds with insureds in the first two cases but not when losses are non-monetary. |
| 主题 | Financial Economics ; Financial Institutions ; Other ; Law and Economics |
| URL | https://www.nber.org/papers/w23303 |
| 来源智库 | National Bureau of Economic Research (United States) |
| 引用统计 | |
| 资源类型 | 智库出版物 |
| 条目标识符 | http://119.78.100.153/handle/2XGU8XDN/580977 |
| 推荐引用方式 GB/T 7714 | A. Mitchell Polinsky,Steven Shavell. Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered. 2017. |
| 条目包含的文件 | ||||||
| 文件名称/大小 | 资源类型 | 版本类型 | 开放类型 | 使用许可 | ||
| w23303.pdf（340KB） | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 | ||
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