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The Insurability Of Punitive Damages In Washington: Should Insureds Who Engage In Intentional Misconduct Reap The Benefit Of Their "Bargains?", Stephanie L. Grassia
The Insurability Of Punitive Damages In Washington: Should Insureds Who Engage In Intentional Misconduct Reap The Benefit Of Their "Bargains?", Stephanie L. Grassia
Seattle University Law Review
This Note examines the issue of the insurability of punitive damages, concluding that insurance coverage should not be allowed for punitive damages arising from intentional misconduct because such coverage contravenes public policy in the state of Washington. Part I defines and provides background for punitive damages and malicious prosecution. Part II outlines and synthesizes the treatment of the insurability of punitive damages in various states. The facts of the Fluke case, including the Court of Appeals's rationale that insurance coverage for punitive damages is not against public policy in Washington, are detailed in Part III. The next section reveals the …