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46 Conn. L. Rev. 1265 (2013-2014)
Liability Insurance and Gun Violence

handle is hein.journals/conlr46 and id is 1302 raw text is: CONNECTICUT
VOLUME 46                   MAY 2014                   NUMBER 4
Liability Insurance and Gun Violence
Gun violence and mass shootings have dominated headlines during the
last several years. These tragedies, including the Sandy Hook Elementary
School shooting, received national and international attention and
prompted new demands to address gun violence in the United States.
Among the many proposals advanced by the media, advocacy groups,
legislators, and academics is mandating liability insurance for all gun
owners. Proponents point to insurance's risk assessment and mitigation
functions as providing financial incentives and penalties to encourage
policyholders to purchase, store, and use firearms in the safest manner
possible, with explicit analogies to mandatory auto insurance, and
insurance generally, where prudent behavior results in lower premiums
and the riskier pay more. Numerous legislative proposals were put forth in
2013; none passed.
This Article's purpose is to provide a more in-depth scrutiny than has
been previously presented on the merits of mandating liability insurance
for gun owners. My perspective is through the -lens of liability insurance
and regulation, and this Article thereby reviews the major issues
associated with such proposals-including the likelihood that many
defendants in gun-related claims will not carry insurance even if required
by law. I conclude that, despite the obvious enforcement problems,
insurance's ability to address and reduce gun violence is a potentially
valuable tool. We do not have enough research and information to dismiss
its use based on often ill-supported assumptions about what insurance
should do and how consumers, insurers, and regulators would react to a
liability insurance mandate.


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