Washington Administrative Code

All licensed insurance producers shall provide full cooperation in carrying out the aims and the operation of the FAIR plan.[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.010(5). WSR 11-01-159 (Matter No. R 2010-09), § 284-19-165, filed 12/22/10, effective 1/22/11; Order R-…

(1) All insurers shall undertake a continuing public education program in cooperation with producers and others, to assure that the program receives adequate public attention.(2) All insurers terminating a property insurance policy shall give any policyholder eligible for coverag…

(1) Statistics. The facility shall maintain separate statistics on business written in accordance with this plan. The facility shall make:(a) A quarterly report to the commissioner including:(i) Number of requests for inspections,(ii) Number of risks inspected,(iii) The number of…

(1) In performing the duty of determining that lawful premiums are being charged, the commissioner finds that it is not reasonable or necessary, with regard to any kind of insurance, to mandate that data relating to all policies issued be submitted for examination. The commission…

(1) This regulation is promulgated pursuant to RCW 48.18.120(1) to define and effect reasonable uniformity in all basic contracts of fire insurance.(2) All policies which include coverage against loss or damage by fire are hereby defined to be basic contracts of fire insurance un…

Every basic contract of fire insurance shall provide only 12:01 a.m. standard time as the time of inception and expiration. The contract, by endorsement or otherwise, shall also contain language in substance as follows: "To the extent that coverage contained in this policy replac…

(1) The purpose of this regulation, WAC 284-20-030 through 284-20-050, is to describe the kinds of risks and coverages that may be classified under the insurance code as marine, inland marine or transportation insurance. This regulation does not include all of the kinds of risks …

Marine and/or transportation policies may cover under the following conditions:(1) Imports.(a) Imports may be covered wherever the property may be and without restriction as to time, provided the coverage of the issuing companies includes hazards of transportation.(b) An import, …

Unless otherwise permitted, WAC 284-20-030 and 284-20-040 do not permit marine or transportation policies to cover:(1) Storage of insured's merchandise, except as provided in this chapter.(2) Merchandise in course of manufacture, the property of and on the premises of the manufac…

Beginning July 1, 1996, every insurer shall adopt a record retention procedure and shall maintain records sufficient to reconstruct a copy of every general liability insurance policy issued for delivery in this state to a Washington resident on or after July 1, 1996.(1) Records m…

(1) Insurers issuing an automobile liability insurance policy must offer the minimum personal injury protection coverage limits required in RCW 48.22.095, and must make available, if requested, additional personal injury protection limits as defined in RCW 48.22.100. Insurers may…

(1) In accordance with RCW 48.18.620, instructions for appraisers to request that the commissioner appoint a registered competent and disinterested umpire may be found on the commissioner's website at www.insurance.wa.gov. Additionally, instructions for an umpire to become regist…

These regulations implement captive insurance (chapter 48.201 RCW) including, but not limited to, the processes and procedures for regulation and taxation of captive insurers by the office of the insurance commissioner (commissioner).[Statutory Authority: RCW 48.02.060 (3)(a) and…

This chapter applies to eligible captive insurers as defined in chapter 48.201 RCW, except for risk retention groups that must register pursuant to chapter 48.92 RCW and captive insurers that solely place insurance through a surplus line broker pursuant to chapter 48.15 RCW.[Stat…

The definitions in RCW 48.201.020, apply in this regulation unless otherwise specified or unless the context clearly requires otherwise. The following definitions apply to this chapter and to chapter 48.201 RCW:(1) "Captive insurer" means an entity that is wholly or partially own…

In computing any period of time prescribed by this rule, the commissioner:(1) Will not count the first day; and(2) Will count the next and last day, unless either is a weekend or a state legal holiday.[Statutory Authority: RCW 48.02.060 (3)(a) and 48.201.060. WSR 21-23-078, § 284…

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or its application of the provision to other persons or circumstances is not affected.[Statutory Authority: RCW 48.02.060 (3)(a) and 48.201.060. WSR 21…

(1) Eligible captive insurers must register with the commissioner within 120 days of May 12, 2021, or if later, within 120 days after first issuing a policy that covers Washington risks.(2) The registration period for eligible captive insurers will be from the date the registrati…

(1) To maintain registration, a registered eligible captive insurer must renew certificates of registration annually by June 30th. If an eligible captive insurer fails to properly renew their certificate of registration, then its registration will expire at the end of its registr…

(1) For Washington risks, a registered eligible captive insurer may provide only property and casualty insurance, and may provide such insurance to only a captive owner, to the captive owner's other affiliates, or both, unless it places the insurance through a surplus lines broke…

(1) A registered eligible captive insurer shall on or before the first day of March of each year pay to the state treasurer through the commissioner's office a two percent tax on premiums for insurance directly procured by and provided to its parent or another affiliate for Washi…

(1) The commissioner is authorized to make use of any of the powers established under Title 48 RCW to enforce the laws of this state. This includes, but is not limited to, the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearing…

(1) Captive insurers may demand a hearing with the commissioner by submitting a request for an adjudicative proceeding in accordance with WAC 284-02-070 and RCW 48.04.010.(2) General procedural and substantive requirements for adjudicative proceedings are contained in WAC 284-02-…

This chapter describes the underwriting restrictions that apply to medical malpractice insurers under RCW 48.18.290, 48.18.2901 and 48.18.547.[Statutory Authority: RCW 48.02.060 and 48.18.547. WSR 06-17-054 (Matter No. R 2006-01), § 284-20A-010, filed 8/10/06, effective 9/10/06.]

The definitions in RCW 48.18.547(1) apply to this chapter. In addition, the definitions in this section apply throughout the chapter:(1) "Medical malpractice" has the same meaning as in RCW 48.140.010(9).(2) "Provider" includes both a facility and provider as defined in RCW 48.14…

Significant risk factors are the components of a risk profile that require notice under RCW 48.18.547(3). If a provider has any significant risk factors that affect the provider's risk profile and may increase the potential for future medical malpractice claims, the insurer must …

(1) The definition of "underwriting" in RCW 48.18.547 (1)(e) is broad, and includes selecting, rejecting and pricing a risk. Underwriting occurs when a provider first applies for insurance and when the insurer evaluates the provider for renewal purposes.(2) Insurers are prohibite…

A medical malpractice insurance policy means an insurance policy written with the principal intent to provide medical malpractice insurance. For the purposes of this section, a policy does not include medical malpractice insurance written as ancillary coverage to a general liabil…

The definitions in this section apply throughout this chapter:(1) "Advisory organization" means an entity not licensed under RCW 48.19.180 that files advisory forms with the commissioner.(2) "Complete filing" means a package of information containing insurance forms, supporting i…

(1) The purpose of this chapter is to adopt processes and procedures for insurers and filers to use when they submit property and casualty insurance forms to the commissioner under chapter 48.18 RCW.(2) This chapter applies to insurers, advisory organizations and rating organizat…

SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner must incorporate documents posted on the SERFF website into this chapter. By reference, the comm…

Filers must submit complete filings that comply with the SERFF Industry Manual posted on the SERFF website (www.serff.com) and Washington State SERFF Property and Casualty Form Filing General Instructions posted on the commissioner's website (www.insurance.wa.gov). All form filin…

(1) The commissioner may reject and close any filing that does not comply with WAC 284-20B-030. If the commissioner rejects a filing, the insurer has not filed forms with the commissioner.(2) If the commissioner rejects a filing and the filer resubmits it as a new filing, the dat…

RCW 48.18.103(3) says an insurer must file forms within thirty days after the insurer issues them. If the commissioner rejects a filing under WAC 284-20B-040, the insurer has not filed forms with the commissioner. If the commissioner rejects a filing submitted under RCW 48.18.103…

An insurer may authorize a rating organization or a third-party filer to file forms on its behalf. For the purposes of this section, a "third-party filer" means a person or entity in the business of providing insurance regulatory compliance services.(1) If an insurer delegates fi…

Under RCW 48.19.050, an insurer may authorize a bureau to file forms on its behalf. This section applies to members or subscribers that have granted filing authority to a bureau. Bureau members or subscribers must follow instructions provided by the bureau when they implement, de…

If a member or subscribing insurer has not authorized a bureau to file forms on its behalf, the insurer must make a filing with the commissioner to use bureau forms.(1) If the forms are identical to the bureau forms, the filing must include this information:(a) A statement by the…

(1) Advisory organizations may file insurance forms with the commissioner. The commissioner will review advisory forms using the same standards that apply to insurers and rating organizations. If the forms comply with RCW 48.18.110, the commissioner will approve the forms on an a…

An objection letter may ask the filer to revise a noncompliant form or provide clarification or additional information about the form. If a form contains provisions that are contrary to RCW 48.18.110, the objection letter will state the reason(s) for disapproval, including releva…

RCW 48.18.190 says each form that conflicts with, modifies, or extends a contract of insurance must be in writing and made a part of the policy. Insurers must file these forms under RCW 48.18.100 or 48.18.103. Insurers must file applications and policyholder notices if the:(1) Ap…

If an insurer files a revised or replaced form, the filer must provide the supporting documentation described below:(1) If a form is revised due to an objection(s) from the commissioner, the filer must provide a detailed explanation of all material changes to the disapproved form…

(1) Filers must include a common effective date for all forms submitted in a filing. The insurer may use different effective dates for new and renewal policies if the filing includes this request and the policy includes a liberalization clause or condition.(2) The proposed effect…

If an insurer will use a previously approved Washington amendatory endorsement with a new form, the filer must:(1) Provide a copy of the amendatory endorsement attached as supporting documentation; or(2) Include the SERFF tracking number under which the endorsement was filed and …

Insurers may issue insurance policy forms written in languages other than English.(1) If an insurer translates an insurance policy form from English to another language, the insurer must:(a) File the translated version of the form with the commissioner.(b) Include written disclos…

Chapter 48.15 RCW applies to insurance transactions involving unauthorized surplus line insurers. Under RCW 48.18.100 (1)(e), insurance forms issued by unauthorized surplus line insurers are exempt from filing.[Statutory Authority: RCW 48.02.060, 48.110.150. WSR 08-21-091 (Matter…

(1) Under RCW 48.18.103 (3)(a), the commissioner exempts forms issued to insure a large commercial property and casualty account from filing requirements under chapter 48.18 RCW.(2) For purposes of this section, "large commercial property and casualty account" means property and …

The definitions in this section apply throughout this chapter:(1) "Complete filing" means a package of information containing motor vehicle service contracts, supporting information, documents and exhibits.(2) "Contract" means a service contract covering motor vehicles, as descri…

(1) The purpose of this chapter is to adopt processes and procedures for providers and filers to use when they submit motor vehicle service contracts to the commissioner under RCW 48.110.073.(2) This chapter is effective on February 1, 2009. All motor vehicle service contract fil…

SERFF is a dynamic application that the NAIC will revise and enhance over time. To be consistent with NAIC filing standards and provide timely instructions to filers, the commissioner must incorporate documents posted on the SERFF website into this chapter. By reference, the comm…

Filers and providers must submit complete filings that comply with these rules:(1) Filings must comply with the filing instructions and procedures in the SERFF Industry Manual available within the SERFF application and Washington State Motor Vehicle Service Contract Filing Instru…