>If I drink and crash my car, my insurance won't pay me. I can sue them and the judge will tell me to fuck off.
Because of the terms of your insurance agreement that will clearly disavow coverage in this circumstance.
> In a poor analogy of my fictitious example, I can ask the pool of other drivers to judge whether the insurance should pay or not, and if they say no, sure I can also go to the judge, and she'll say "Sorry, the contract says the pool's decision is final.".
The thing you don't get is that insurance agreements are already legally binding agreements which is why coverage decisions are made with respect to the facts of the matter and the terms of the insurance agreement. As an insurer, if you do not cover something that the agreement requires you to cover, the insured will win win in court and get the coverage.
>Insurance schemes pool the insureds' moneys together in case something bad happens to one of the insureds, of course it'd be in all the insureds' best interest that the money is used properly, if the company says "We won't fight this particular patent troll", it's also in the pool's interest to tell the company "Wait, we think this is a valid case, and you have to fight it!", because otherwise, when a similar patent troll shows up trolling one of them, the insurance company will also ignore it, leaving them exposed.
Insurers make the decision based upon the terms of the insurance agreement that they signed.
Because of the terms of your insurance agreement that will clearly disavow coverage in this circumstance.
> In a poor analogy of my fictitious example, I can ask the pool of other drivers to judge whether the insurance should pay or not, and if they say no, sure I can also go to the judge, and she'll say "Sorry, the contract says the pool's decision is final.".
The thing you don't get is that insurance agreements are already legally binding agreements which is why coverage decisions are made with respect to the facts of the matter and the terms of the insurance agreement. As an insurer, if you do not cover something that the agreement requires you to cover, the insured will win win in court and get the coverage.
>Insurance schemes pool the insureds' moneys together in case something bad happens to one of the insureds, of course it'd be in all the insureds' best interest that the money is used properly, if the company says "We won't fight this particular patent troll", it's also in the pool's interest to tell the company "Wait, we think this is a valid case, and you have to fight it!", because otherwise, when a similar patent troll shows up trolling one of them, the insurance company will also ignore it, leaving them exposed.
Insurers make the decision based upon the terms of the insurance agreement that they signed.