Case law

Diaz v. National Car Rental Systems, Inc.

143 Wash. 2d 57 · Washington Supreme Court · Feb 15, 2001

Liability Insurance or Qualified Self-Insurance An automobile liability policy or qualified self-insurance arrangement provides the Authorized Driver with the minimum limits required by the automobile financial responsibility … The only qualifier is that the renter must sign up for SLI at the time of contract, which Pulliam did.

Gregory v. Fidelity & Casualty Co. of New York

7 Wash. 2d 645 · Washington Supreme Court · Mar 1, 1941

Gregory of Seattle, had qualified as executor, the brother, George W. Gregory of Moscow, entered a contest of the will, asserting that the bequest to the “nephew George W. … In each, the cause of action was clearly predicated on the contract.

State v. Ortiz

119 Wash. 2d 294 · Washington Supreme Court · Jun 11, 1992

Hardin's testimony established that there had only been one perpetrator and portrayed what had happened after the murder. It also provided a physical description consistent with that of the defendant. … Hardin was clearly qualified to testify. Practical experience is sufficient to qualify a witness as an expert. State v. Smith, 88 Wn.2d 639, 647 , 564 P.2d 1154 (1977).

Travelers Casualty & Surety Co. v. Washington Trust Bank

186 Wash. 2d 921 · Washington Supreme Court · Nov 3, 2016

Instead, the statute essentially provides four alternatives under which a signature may qualify as an indorsement. … Summers, Uniform Commercial Code § 15-5, at 761-62 (3d ed. 1988)). *945 ¶36 The record in this case does not establish the Bank exercised “clearly unreasonable conduct” and therefore failed to exercise reasonable care as

State v. Rice

174 Wash. 2d 884 · Washington Supreme Court · Jun 28, 2012

One such position was that of public prosecuting attorney, now a well-established creation of American law. See id. at xv, 4-6. … The legislature is free to establish statutory duties that do not interfere with core prosecutorial functions, see, e.g., Callahan v.

Lamtec Corp. v. Department of Revenue

170 Wash. 2d 838 · Washington Supreme Court · Jan 20, 2011

Ed. 2d 430 (1964) (“ ‘a taxpayer claiming immunity from a tax has the burden of establishing his exemption’ ” (quoting Norton Co. v. Dep’t of Revenue, 340 U.S. 534, 537 , 71 S. Ct. 377 , 95 L. Ed. 517 (1951))). … The Department suggests that this case is not a good vehicle for considering whether physical presence is required because, in its view, Lamtec clearly maintains such a presence and, alternatively, that the physical presence

Van Dyke v. Thompson

95 Wash. 2d 726 · Washington Supreme Court · Jul 2, 1981

this immunity when it amended RCW 26.16.205. … Due process is afforded only by a *739 hearing which is aimed at establishing the validity of the underlying claim. Sniadach v. Family Fin.

In Re Williams' Estate

145 Wash. 19 · Washington Supreme Court · Aug 23, 1927

The property consisted mostly of a sash and door factory established by Mr. Williams about 1902. From the first, the factory was a profitable business and continued to be such until his death. … His will was admitted, and the persons named therein as executors were appointed as such by the court and qualified. They filed an inventory and appraisement, the latter showing a little less than $300,000.

State v. Pang

132 Wash. 2d 852 · Washington Supreme Court · Jul 31, 1997

(Criminal Law Code, Article 250 with qualifying clauses from Article 258 - Arson followed by death). … Clearly, in the note requesting extradition, it says that, having committed the crime of Arson, during this fire, the collapsing of one of the slabs caused the death of four firemen.

State v. Hehman

90 Wash. 2d 45 · Washington Supreme Court · May 11, 1978

It makes little sense to jail a man who, when he appears before the judge, will be clearly qualified for release without bail. While United States v. Robinson, 414 U.S. 218 , 38 L. Ed. 2d 427 , 94 S. … Decisions of the United States Supreme Court establish the minimum rights which may be accorded a defendant and yet comply with the guaranties of the United States Constitution.

Schmidt v. Old Union Stockyards Co.

58 Wash. 2d 478 · Washington Supreme Court · Aug 17, 1961

. § 203 ) to qualify and be licensed by the Secretary of Agriculture to engage in the selling of livestock in a licensed stockyard. … It is likewise clear that adequate provisions have been established to insure judicial review of the acts of the Secretary.

Cornelius v. Dep't of Ecology

Washington Supreme Court · Feb 12, 2015

We will overturn an agency's factual findings only ifthey are clearly erroneous. !d. at 594. … That is clearly the case here. WSU is a major public university that provides on-campus housing for thousands of residents.

State Ex Rel. Kempf v. Superior Court

151 Wash. 289 · Washington Supreme Court · Mar 18, 1929

He qualified by filing bond and oath, and on June 28, 1922, letters were issued to him as trustee. … It is therefore earnestly insisted that it clearly appears herein that the petitioner is endeavoring to probate the estate of her husband in Spokane county under a state of facts which bring her clearly within the provisions

Ferris v. Blumhardt

48 Wash. 2d 395 · Washington Supreme Court · Feb 23, 1956

We have repeatedly held that the findings of a trial court, entered upon conflicting evidence, will be approved on appeal unless the evidence clearly preponderates against them. Carroll Constr. Co. v. … The Witzigs’ offer requested an act in return for the promise to devise, and thus contemplated a unilateral contract. 1 Restatement, Contracts, 65, § 59, states: “Except as this rule is qualified by §§ 45, 63, 72, an acceptance

Franks & Son, Inc. v. State

136 Wash. 2d 737 · Washington Supreme Court · Nov 12, 1998

The request was based on Plaintiffs' claim that, should they ultimately prevail on the merits, the State might assert an immunity defense to any refund claim. … Clearly, regulation of these and other carriers was a proper exercise of the State's police power.

Larson v. Department of Labor & Industries

24 Wash. 2d 461 · Washington Supreme Court · Feb 19, 1946

The burden is upon the claimant to establish all essential things.” At this point the jury was excused, and Mr. Griffin asked the following question: “Mr. … The doctor, after being qualified as an expert, testified to the history of this case as given to him by appellant on November 12th.

Kershaw Sunnyside Ranches, Inc. v. Yakima Interurban Lines Ass'n

156 Wash. 2d 253 · Washington Supreme Court · Jan 12, 2006

and expressly limits or qualifies the interest conveyed.” … Thus, Brown established that, generally, when the granting document uses the term “right of way” as a limitation or to define the purpose of the grant, it operates to “clearly and expressly limit [ ] or qualif[y] the interest

In re Recall of White

196 Wash. 2d 492 · Washington Supreme Court · Oct 29, 2020

For the rest of us with healthy immune systems and that keep them that way, this won’t effect us, just like all the other viruses in the environment. … To be factually sufficient, the petition must allege facts that establish a “case of misfeasance, malfeasance, or violation of the oath of office.” Id. (citing Cole v.

State v. E.J.J.

Washington Supreme Court · Jun 25, 2015

But, as discussed, the record clearly establishes E.J.J.'s hindering conduct. 16 The majority also contends that E.J.J.' … But the presence of speech does not immunize unlawful conduct.

Stoor v. City of Seattle

44 Wash. 2d 405 · Washington Supreme Court · Mar 12, 1954

"Each rater [observer] should have clearly in mind what he thinks these qualities mean." (Italics mine.) … adopted has *412 gone beyond the charter provisions by which the system was established for the city.