英语翻译Scholars have recognized that "[i]nsurance for any risk
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英语翻译
Scholars have recognized that "[i]nsurance for any risk is,of course,available for a sufficiently high price."27 As with other services or products,market supply and demand control the availability of insurance.If demand for a specific type of liability insurance had existed at an appropriate price,the insurance market would have provided the desired coverage.
Prices are based on societal factors,such as prevailing tort law standards,government regulations and the certainty of the risk.28 In certain circumstances,risks are difficult to measure or,conversely,may have a high degree of probability.These risks,by market necessity,require higher premiums to insure them.Thus,"The decrease in transactions in some lines represents a decrease in the gains to trade in the market,rather than a refusal of insurers to write policies."29
Ignoring these economic realities,some tort-feasors now contend that sufficient insurance simply could not have been obtained to insure their products and operations fully.
Policyholders -- particularly large manufacturers that are substantial insurance purchasers -- are not powerless in the insurance marketplace,however.To the contrary,special lines of insurance often are developed to meet market demand for insurance for unusual risks.
For example,environmental impairment liability policies and pollution liability buybacks may be purchased by companies with potential environmental liabilities.Also,a growing market exists for lead-related and asbestos-related liabilities.30
In addition,insurers have used special risk-retention pools and multiline policies to meet demand.31 Similarly,manufacturers' use of captive insurance companies and self-insurance mechanisms have prompted more competitive premiums and insurance packages from insurers.
Thus,the number and limits of policies issued for a particular risk are the result of the interaction of supply and demand in the insurance marketplace.By declining to purchase specialized coverage or accepting a widely used exclusion,companies engaging in high-risk activities are electing to forgo coverage.
In essence,this is a decision to assume the risk,self-insure or go bare with respect to a particular activity or level of loss.In the end,unavailability of coverage is not an economically meaningful concept and is unlikely grounds for policyholders to escape responsibility for losses attributable to uninsured periods.
The debate over unavailability of coverage is just beginning.If courts' treatment of conscious choices to self-insure are a guide,however,most will prorate responsibility for uninsured or underinsured periods to policyholders,whatever the cause for the lack of coverage.
Scholars have recognized that "[i]nsurance for any risk is,of course,available for a sufficiently high price."27 As with other services or products,market supply and demand control the availability of insurance.If demand for a specific type of liability insurance had existed at an appropriate price,the insurance market would have provided the desired coverage.
Prices are based on societal factors,such as prevailing tort law standards,government regulations and the certainty of the risk.28 In certain circumstances,risks are difficult to measure or,conversely,may have a high degree of probability.These risks,by market necessity,require higher premiums to insure them.Thus,"The decrease in transactions in some lines represents a decrease in the gains to trade in the market,rather than a refusal of insurers to write policies."29
Ignoring these economic realities,some tort-feasors now contend that sufficient insurance simply could not have been obtained to insure their products and operations fully.
Policyholders -- particularly large manufacturers that are substantial insurance purchasers -- are not powerless in the insurance marketplace,however.To the contrary,special lines of insurance often are developed to meet market demand for insurance for unusual risks.
For example,environmental impairment liability policies and pollution liability buybacks may be purchased by companies with potential environmental liabilities.Also,a growing market exists for lead-related and asbestos-related liabilities.30
In addition,insurers have used special risk-retention pools and multiline policies to meet demand.31 Similarly,manufacturers' use of captive insurance companies and self-insurance mechanisms have prompted more competitive premiums and insurance packages from insurers.
Thus,the number and limits of policies issued for a particular risk are the result of the interaction of supply and demand in the insurance marketplace.By declining to purchase specialized coverage or accepting a widely used exclusion,companies engaging in high-risk activities are electing to forgo coverage.
In essence,this is a decision to assume the risk,self-insure or go bare with respect to a particular activity or level of loss.In the end,unavailability of coverage is not an economically meaningful concept and is unlikely grounds for policyholders to escape responsibility for losses attributable to uninsured periods.
The debate over unavailability of coverage is just beginning.If courts' treatment of conscious choices to self-insure are a guide,however,most will prorate responsibility for uninsured or underinsured periods to policyholders,whatever the cause for the lack of coverage.
学者认为“保险”为任一种风险和与其它服务或产品,市场供给和需求控制保险的是,当然,可利用的为充足地高的加码."27 可及性.如果对具体类型的需求责任保险存在了以一个适当的价格,保险市场会提供渴望的覆盖面.
价格根据社会因素,譬如战胜的侵权行为法律标准、政府章程和风险.28 的把握在某些情况,风险难测量或也许,相反地,有高度可能性.这些风险,由市场必要,要求更高的保险费保险他们.因而,"在交易的减退在一些线代表在获取的减退换在市场上,而不是承保人拒绝写政策."29
忽略这些经济现实,某一侵权行为feasors(我看不懂咧!) 现在主张,充足的保险不能简单地被获得充分地保险他们的产品和操作.
投保人-- 特殊是坚固保险采购员-- 的大制造者不是无力的在保险市场,然而.相反,保险特别线经常被开发适应对保险的市场需要为异常的风险.
例如,环境损伤责任政策和污染责任返销也许由公司购买以潜在的环境责任.并且,一个增长的市场为与带领相关和与石棉相关的责任.30 存在
另外,承保人使用了特别风险保留水池并且多行的政策同样遇见demand.31,对俘虏保险公司的制造商的用途和自我保险机制提示了更加竞争的保险费和保险包裹从承保人.
因而,政策数量和极限被发布为一种特殊风险是的互作用的结果供给和需求在保险市场.由拒绝购买专业覆盖面或接受广泛被应用的排除,公司参与高风险活动决定抛弃覆盖面.
实质上,这是决定承担风险,自已保险或去光秃谈到损失的一个特殊活动或水平.最后,覆盖面的脱供不是一个经济上意味深长的概念和是不太可能地面使投保人逃脱对损失的责任可归属对未保险的期间.
关于覆盖面的脱供的辩论是正义起点.如果神志清楚的选择的法院的治疗自已保险是指南,然而,多数将按比例分配责任未保险或underinsured(我也不懂这是什么啊!) 期间对投保人,什么起因为缺乏覆盖面.
价格根据社会因素,譬如战胜的侵权行为法律标准、政府章程和风险.28 的把握在某些情况,风险难测量或也许,相反地,有高度可能性.这些风险,由市场必要,要求更高的保险费保险他们.因而,"在交易的减退在一些线代表在获取的减退换在市场上,而不是承保人拒绝写政策."29
忽略这些经济现实,某一侵权行为feasors(我看不懂咧!) 现在主张,充足的保险不能简单地被获得充分地保险他们的产品和操作.
投保人-- 特殊是坚固保险采购员-- 的大制造者不是无力的在保险市场,然而.相反,保险特别线经常被开发适应对保险的市场需要为异常的风险.
例如,环境损伤责任政策和污染责任返销也许由公司购买以潜在的环境责任.并且,一个增长的市场为与带领相关和与石棉相关的责任.30 存在
另外,承保人使用了特别风险保留水池并且多行的政策同样遇见demand.31,对俘虏保险公司的制造商的用途和自我保险机制提示了更加竞争的保险费和保险包裹从承保人.
因而,政策数量和极限被发布为一种特殊风险是的互作用的结果供给和需求在保险市场.由拒绝购买专业覆盖面或接受广泛被应用的排除,公司参与高风险活动决定抛弃覆盖面.
实质上,这是决定承担风险,自已保险或去光秃谈到损失的一个特殊活动或水平.最后,覆盖面的脱供不是一个经济上意味深长的概念和是不太可能地面使投保人逃脱对损失的责任可归属对未保险的期间.
关于覆盖面的脱供的辩论是正义起点.如果神志清楚的选择的法院的治疗自已保险是指南,然而,多数将按比例分配责任未保险或underinsured(我也不懂这是什么啊!) 期间对投保人,什么起因为缺乏覆盖面.
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