Time to take another look at a “loser pays” approach to civil litigation.
Well, if Obama gets in and we go socialist, such a system might work and not be incredibly unfair to the average person. As it is, if such a system were implemented insurance companies would immediately stop paying any claims and force you to sue them to recover. This will be true for homeowners, car, any type of insurance.
What about the small business that supplies some service to a local outlet of some conglomerate like Walmart? Say for instance you contract with them to re-stripe the parking lot for $10K. They say "you missed a spot" and refuse to pay. are you going to risk a $50K legal bill, or eat it? Just something to think about.