The Spanish philosopher George Santayana once said that, “Chaos is the name we give order which produces confusion in our minds.”

With that definition in mind, the July 3, 2019 Washington Supreme Court decision of Daniels v. State Farm Mut. Auto. Ins. Co., 2019 WL 2909308 (Wash. July 3, 2019), is responsible for about as much chaos as you can possibly throw into one state’s body of subrogation law.

It would stand to reason, however, that if we can eliminate the confusion, we also eliminate the chaos.

Subrogation professionals know well the disaster which befalls an anti-subrogation state like Montana when it sides with its trial lawyers and turns its back on small businesses.