claims brought by PRPs differently; because PRPs are joint tortfeasors
By handling claims from start to finish, adjusters knew whether factors such as subrogation, comparative negligence, insurable interests, other tortfeasors
and similar issues were involved.
On its face, that language could not be any clearer; it allows Emcasco to add up all of the money received by Tufano from all tortfeasors
and deduct that sum from any underinsurance coverage Emcasco owes her.
are not joint tortfeasors
and are not bound as solidary
the loss would not have occurred "but for" the negligence of two or more tortfeasors
, each possibly in fact responsible for the loss; and
An additional fundamental concept that supports the collateral source rule is that tortfeasors
should be held accountable for the harm they inflict on innocent parties.
The author covers tort and constitutional law in general, intentional torts, privileges, negligence, causation in fact, proximate cause, legal cause, the scope of liability, joint tortfeasors
, damages, defenses, wrongful death and survival statutes, vicarious liability, strict liability, products liability, and insurance over the course of the bookAEs fourteen chapters.
Depending upon their specific design, liability rules may provide incentives to tortfeasors
to invest in risk reduction mechanisms.
However, for a portion of the tortfeasors
, partial predetermined funding will not be sufficient to eliminate the nuisance.
In Florida, as most everywhere, the common law included the rules that contributory negligence of a plaintiff, however slight, barred recovery and that no-contribution was permitted among joint tortfeasors
For example, in jurisdictions recognizing implied or equitable indemnity, if two tortfeasors
are both liable for an injury, but one was an active tortfeasor
and one a passive one, a court may require the active tortfeasor
to indemnify the passive tortfeasor
196) Wise to this maneuver, tortfeasors
have sought to have the insurer's interest revealed, especially when it is substantial in comparison with that of its insured.