The Woo Hoo-ha: Another Boring Insurance Story

I had originally planned to post an article of my own on the very strange story of Dentist Woo and the even odder decision of the Supreme Court of Washington State to let him benefit from his outrageous behaviour.It defeated my efforts to condense it better than David Rossmiller had already done, though, and I will therefore send you to him. (While you are there, have a look at his telling of the even more incredible, and still continuing, saga of Katrina/ Scruggs/Rigsby/Hood - I have left out some names - imbroglio. On second thoughts, maybe you should not: you may never be heard of again !).

Briefly, Dr Woo is (or perhaps was) a practical joker who has learned the hard way some of the limits that have to apply. He played a prank on a member of his staff while she was under general anaesthetic, and she was not amused. You may think that she was right. She certainly was successful in her claim against him, but Woo himself successfully obtained damages from his own insurer for wrongfully refusing to help him in dealing with her claim. Most of us would have guessed that he was in error as to the boundaries there as well, but you learn something new every day ...

Anyway, I was prompted to finally tell you about this by a Usenet article which suggested that one cannot claim against one's motor insurance policy for something arising from a breach of the law.

Is it just me or is this a very peculiar notion ? How many people think that if you break the law by driving without due care and attention and thereby collide with, say, a bus, you will not be able to claim for the damage ?

Not many lawyers think so, but you will find more who will say, straight-faced, that the insurance company can decline your claim because "it was your fault". Do they not know that their compulsory "professional indemnity" policy covers them for just that situation ? Or as David Rossmiller puts it, insurance isn't just for nice people. I would add that, while one has to show utmost good faith when proposing for insurance and to some extent when making a claim, it is not otherwise necessary to be pure of heart or to be of superhuman competence.