negligence, which 532 generally barred claims by joint tortfeasors
Where multiple tortfeasors
are involved in an accident in which an underinsured-motorist policyholder is injured, the policyholder must be placed in the same position as if each tortfeasor
carried the same amount of insurance as the policyholder.
obligation from the delictual obligation of the tortfeasor
s framework from Clements means that where a plaintiff seeks to rely on the material contribution to risk test, that plaintiff must establish "global but for" in regard to multiple tortfeasors
(26) and an impossibility of establishing individual "but for" through no fault of her own.
16) The rule strives to make an injured party financially whole by holding a defendant liable for damages and giving the benefit of a windfall to a plaintiff in a tort action instead of to the tortfeasor
When several tortfeasors
have acted together, a joint and several liability rule may provide incentives to the joint tortfeasors
for mutual monitoring.
Thus, in some cases, if there is a concern that the tortfeasor
will collapse economically if she must finance the elimination of the nuisance or if she must eliminate it first and only later collect from the victims, it may be reasonable to divide the risk so as not to disincentivize potential injurers from investing.
In short, the common law denied ancillary actions among joint tortfeasors
Questions of control arise because the tort victim's rights are the vehicle by which the insurer will get paid by the tortfeasor
Consider the deterrent message broadcast to potential tortfeasors
when punitive damages are imposed against a deceased tortfeasor
's estate, as happens under the regime adopted by the small minority of jurisdictions eschewing the nonsurvivability rule.
The difficulty with these general releases is that they are frequently entered into without appreciation of the "all persons" language, its implications, or an intent to release all potentially liable tortfeasors
, who may be unknown or unappreciated at the time of the release.
2 The genesis of the doctrine is that without it, an insured could double recover--once from the tortfeasor
and once from the insured's own insurance carrier.