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Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest
Insurance Law And Asbestosis—When Is Coverage Of A Progressive Diease Triggered?—Keene Corporation V. Insurance Company Of North America, 667 F.2d 1034 (D.C. Cir. 1981), Cert. Denied, 102 S. Ct. 1644 (1982), Rebecca Cochran Earnest
Washington Law Review
In Keene Corp. v. Insurance Co. of North America, the United States Court of Appeals for the District of Columbia integrated those approaches, holding that insurance coverage is triggered both by exposure to asbestos and by development and manifestation of a related disease. Each insurer covering any period during this process is liable for indemnification of the manufacturer and for defense costs. This liability is limited, however, to policy coverage, and many be reduced by the policy's other-insurance clause. The court also held that the manufacturer is not proportionately liable for the periods during which it was uninsured. Thus, the …
Washington's Useful Safe Life: Snipping Off The Long Tail Of Product Liability?, Bruce L. Schroeder
Washington's Useful Safe Life: Snipping Off The Long Tail Of Product Liability?, Bruce L. Schroeder
Washington Law Review
This Comment reviews the general law applicable to product liability claims. Next it analyzes the changes made by section. The Comment argues that it is doubtful whether section 7 will be able to achieve the legislature's desired goal of added certainty in product liability actions. The limited number of older claims, the limited spread of the law, and the use of a preponderance of the evidence test to overcome the twelve-year presumption stand as obstacles to achieving this end. Furthermore, this Comment argues that even if section 7 is successful in achieving its goal, the goal itself may be undesirable. …
Contribution Among Tort-Feasors In Washington: The 1981 Tort Reform Act, Scott I. Anderson
Contribution Among Tort-Feasors In Washington: The 1981 Tort Reform Act, Scott I. Anderson
Washington Law Review
Contribution is the right of a tort-feasor who has paid an injured plaintiff to obtain partial reimbursement from others responsible for the injury. Until 1981 this right was not available to tort-feasors in Washington. With the 1981 Tort Reform Act, Washington joined forty-one other states in allowing contribution. This Comment analyzes the legislation creating and regulating contribution in Washington. It examines the nature and scope of the right to contribution and discusses the procedural aspects of the Act. The Comment closes with an analysis of the interaction of contribution rights and settlements, and concludes that the settlement provisions of the …
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
News-Source Privilege In Libel Cases: A Critical Analysis, David Joseph Smith
Washington Law Review
This comment first examines the recent cases in which a libel plaintiff was impeded by the use of a qualified privilege from obtaining the identity of news sources behind an allegedly defamatory story. It next discusses the historical development of the constitutional news-source privilege and concludes that neither traditional first amendment press clause doctrine nor the United States Supreme Court's decision in Branzburg v. Hayes is authority for such a privilege. This comment then points out that courts which nonetheless recognize a constitutional news-source privilege in civil cases have given the same protection to all sources, regardless of the publication's …