Washington's Judicial Invalidation of Unambiguous Exclusion Clauses in Multiple Causation Insurance Cases
Wans, Lawrence Alan
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- 1995Findlay v. United Pacific Insurance Wash. Ct. App.
- 1994Kish v. Insurance Co. of North America Wash.
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Abstract
The Washington Supreme Court has restricted the use of unambiguous exclusion clauses that limit homeowners' insurance coverage in multiple causation cases. This Comment discusses the court's "proximate cause" analysis, judicial treatment of policy exclusions, and the insured's expectations of coverage. The Comment argues that the Washington approach to multiple causation cases should be narrowly construed in Washington and rejected in other jurisdictions, because its consequences may harm insurers and insureds alike.