Insurance law and incomplete contracts

A-Tier
Journal: RAND Journal of Economics
Year: 2020
Volume: 51
Issue: 4
Pages: 1253-1286

Score contribution per author:

2.011 = (α=2.01 / 2 authors) × 2.0x A-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

We analyze how insurance law can mitigate moral hazard by allowing insurers to reduce or cancel coverage in some circumstances. We consider an incomplete contract setting in which the insurer may obtain information related to the policyholder's behavior through a costly audit of the circumstances of the loss. Court decisions are based on a standard of proof such as the balance of probabilities. We show that an optimal insurance law brings efficiency gains compared to the no‐audit case. We also highlight the conditions under which the burden of proof should be on the insured, provided that insurers are threatened with sanctions for bad faith.

Technical Details

RePEc Handle
repec:bla:randje:v:51:y:2020:i:4:p:1253-1286
Journal Field
Industrial Organization
Author Count
2
Added to Database
2026-01-24