Survey of Washington Law: Insurance: Motorcycle Passenger Exclusion

LIABILITY POLICY EXCLUDING CLAIMS BY PASSENGER DOES NOT VIOLATE PUBLIC POLICY WHERE NAMED INSURED BARGAINS FOR EXCLUSION. Progressive Casualty Insurance Company v. Jester, 102 Wn. 2d 78, 683 P.2d 180 (1984).

In Progressive Casualty Ins. Co. v. Jester, the Washington Supreme Court upheld a motorcycle insurance policy exclusion clause barring claims by a passenger injured through the named insured’s negligent acts. In so holding, the court found bargained for exclusion clauses to be within the scope of Washington’s public policy. The Jester decision allows an insurance company and its named insured to contract for the exclusion of third party injury claims, and to effectively bargain away recovery for persons who have no voice in the coverage decision.

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 James D. Bramer, Survey of Washington Law: Insurance: Motorcycle Passenger Exclusion, 20 Gonz. L. Rev. 313 (1984).

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