Very early in our lives, most of us are told that “ignorance of the law is no excuse.” Are Safeco and GEICO being permitted to violate the law on the ground that they were unaware of the meaning of the law?
1. Express the legal rule in this case in a manner that addresses the Court’s apparent understanding of reckless disregard of a statute. Clue: Does Justice Souter believe that reckless disregard constitutes violation of a statute? When would disregard become reckless?
2. What facts would have made this case go in favor of the plaintiffs? Clue: Construct a set of facts under which each insurance company would have violated the statute.
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