So if House Bill 2214 passes, the
adverse consequences for opting out contained in House Bill 2214 would cripple the Opt Out movement in Washington state and the
light that is now exposing the drawbacks
of high stakes testing at high schools in Washington state would be extinguished.
Justice Sanderson rejected Aviva's argument and said: «For this court to let proportionality be the overriding, or even the predominant factor, would be grossly unfair to (Persampieri) and would be to reward the uncompromising, and — in the
light of the jury verdict — unreasonable behaviour
of the insurer...» Justice Sanderson agreed that insurers can pursue whatever legal strategy they deem fit, but added that, «especially where such strategies may have wide ranging and
adverse implications involving widespread denial
of access to justice, the use
of such strategies should not be encouraged by the giving
of cost breaks on foreseeable costs
consequences.»