NO-FAULT INSURANCE AND THE CONFLICT OF LAWS--AN INTERIM UPDATE

IN AN ARTICLE PUBLISHED IN THE DUKE LAW JOURNAL IN JUNE OF 1972 (HIGHWAY RESEARCH ABSTRACTS 42 (9) 13-14, SEPT. 1972), THE AUTHOR PROPOSED A CHOICE OF LAW SYSTEM FOR NO-FAULT WHICH WOULD RESOLVE IN A NOVEL WAY THE CONFUSION ENGENDERED BY DISPARATE STATE APPROACHES TO THE PROBLEMS OF COMPENSATION AND LIABILITY FOR INJURIES RESULTING FROM AUTOMOBILE ACCIDENTS, BY TYING THE EXTENT AND NATURE OF BOTH THE VICTIM'S RECOVERY AND THE DRIVER'S LIABILITY TO THE RESPECTIVE LAWS OF THEIR STATES OF DOMICIL--REGARDLESS OF THE PLACE OF THE ACCIDENT. IN THIS ARTICLE, THE CHOICE OF LAW PROVISIONS OF THE PROPOSED FEDERAL BILL ARE FAVORABLY ANALYZED. THE DEMONSTRATION OF THE ANOMALOUS RESULTS GENERATED BY THE TERRITORIALISM OF SOME OF THE RECENTLY ENACTED STATE PLANS SUGGESTS THAT A RATIONAL AND CONSISTENT CHOICE OF LAW SCHEME FOR THE INTERSTATE AUTOMOBILE ACCIDENT MAY BE A LONG WAY OFF IF THE FEDERAL BILL IS NOT ENACTED. /DOT/

  • Corporate Authors:

    Duke University

    School of Law
    Durham, NC  United States  27706
  • Authors:
    • Kozyris, P J
  • Publication Date: 1973-12

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  • Accession Number: 00239005
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Apr 20 2003 12:00AM