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Full-Text Articles in Insurance Law
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
Seattle University Law Review
The thesis of the Article is that the expansion of tort liability based on strict liability or enterprise liability without regard to the proper measurement of damages in such cases is at the root of the insurance crisis rather than the awarding of excessive damages in ordinary fault cases. Stated another way, the expansion of tort liability was based upon the appropriateness of internalizing the cost of economic activity by spreading the risk among the beneficiaries of such activity, but the damages were measured under full compensation theories rather than a more appropriate insurance approach. This divergence between basing liability …
Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer
Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer
Seattle University Law Review
This Note focuses on the current state of occupational disease coverage under the workers' compensation system in Washington, and will review the legislative history, the administrative interpretation, and the judicial development of the occupational disease law. Further, after setting forth the broad policy goals behind the Industrial Insurance Act and outlining Washington's occupational disease statute, this Note will conclude with a discussion of the supreme court's analytical framework for a fair, workable, and uniform method for adjudicating occupational disease claims in Washington.