Realistically, however, only a limited number of employers are likely to agree to a potentially costly and open-ended liability of that sort.
It would expose legitimate American businesses and innovators to broad and open-ended liability.
By the bye... the EU is currently discussing ACTA, which would create open-ended criminal liability for any degree of copyright infringement... direct or indirect.
That leaves Prudential, which neither admitted nor denied guilt, facing a totally open-ended liability.
The aim of this is to avoid discouraging new investment, although the 10% share still represents an open-ended liability.
The private banks have taken their lumps in shaky markets, and have begun to worry about their partnership structure and the threat of open-ended liability for partners.
But faced with open-ended liability, and threat of financial ruin, many small employers would cancel all health insurance.
Now, the REIT has told the group that it has at least $14 million more in liabilities than the investors anticipated, "plus additional uncertain, substantial and open-ended liabilities."
"I don't think Dr. Hampers could get his deal financed if this were an open-ended liability," the banker said.
The names in those syndicates still face open-ended liabilities, and one commandment of Lloyd's is that names are liable to the extent of their wealth.