If first party insurance remains the main form of response to disaster (as it was in Katrina), does tort law exercise influence over the administration of insurance? The role tort doctrine and theory plays in insurance may not be different in times of disaster than upon the occurrence of “normal” accidents, but it may be more salient, given the scale. Some possible topics include:
a) The role of the collateral source rule
b) Definition of “discharge” and “release” in pollution exclusion clauses and its connection to nuisance and trespass.
c) Interpretation of concurrent causation clauses and its connection to causation in tort law.
d) Definition of “expected” or “intended” in intentional act exclusion clauses and its connection to intentional torts.