Mutual of Enumclaw Insurance Company v. Wiscomb: Excluding the Family Exclusion Clause
This note examines Mutual of Enumclaw Insurance Company v. Wiscomb. The note supports the court’s decision to prohibit unbargained for family exclusion clauses, because it furthered the policies exemplified in the Financial Responsibility Law and the Underinsured Motorist Statute and acted consistently with its decision abrogating intrafamily tort immunity. However, the note argues that by suggesting it would uphold truly bargained for family exclusion clauses denying coverage to named insureds, the court ignored its own pronouncement declaring such clauses against this state’s policy of assuring compensation for the protection of innocent victims of negligent motorists.
Janice L. Campton, Mutual of Enumclaw Insurance Company v. Wiscomb: Excluding the Family Exclusion Clause, 6 SEATTLE U. L. REV. 307 (1983).
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