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Insurance Law

Brigham Young University Law School

Journal

No-Fault

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No-Fault: A Perspective, Leon Green May 1975

No-Fault: A Perspective, Leon Green

BYU Law Review

At the annual meeting of the Association of American Law Schools, December 27, 1974, the Torts Section sponsored a panel discussion of Professor Jeffrey O'Connell's proposal that no-fault insurance be expanded beyond the field of automobile accidents. The proposal, as presented in O'Connell, Expanding No-Fault Beyond Auto Insurance: Some Proposals, 59 VA. L. REV. 749 (1973), advocates "enterprise liability" for any entity or person that systematically creates risks of personal injury. It would be "no-fault" liability, blind to the fault of either party, and paid by the enterprise's insurer or by the enterprise as a self-insurer. Payments would be limited …