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the bottom line is that risk exists and needs to be managed. insurance distributes risk in manageable portions and so, the core product has legitimate value. you do point out a few problems, though.
the free marketeers are always so concerned about the distruption of natural incentives when it comes to taxes, but don't seem bothered by the disruption of natural incentives when it comes to insurance.
they rail against slightly higher taxes because that takes away some of the incentive to work (as if anyone would refuse a million dollar job because a 33% marginal tax rate if fine by 39.6% is not) but they don't complain about homeowners insurance, which takes away some of the incentive to keep your house from burning down.
one point about #4, if you can't afford insurance for a new product, that might be a good thing, if the price of insurance accurately reflects the risks of your product. those anti-lawsuit people always complain about the price of a ladder being mostly insurance, but i wouldn't want someone inventing a slipshod new type of ladder that leads to major injuries. in any event, if the new product does cause injuries, i would want to make sure they could pay the damages.
imagine a really "free" market where companies can put out untested new products, cause injuries, and then avoid paying for all the damage they cause because their little experimental subsidiary ran out of money. with insurance, i as a consumer know that someone is able to pay.
which bring up another point, bankruptcy laws distort the free market as well, and corporations know very well how to take advantage of this. witness donald trump, who now has one of his hundreds of companies in bankruptcy. that company won't fully repay its debts, meanwhile the donald and his other companies are protected from this risk. is that the free market at work?
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