Washington Law Review


While many state supreme courts have considered whether to allow actions against a compensation insurer for intentional infliction of emotional distress and bad faith, the issues have not been clearly settled under one federal compensation statute, the Longshore and Harborworkers' Compensation Act (LHWCA). Three federal courts have apparently adopted different approaches, modeled after the three approaches taken by state courts. This Comment argues that the "Compromise approach," which allows actions based on intentional infliction of emotional distress but rejects actions based on bad faith, is most consistent with the policies underlying the LHWCA and should be followed by the courts.

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