Washington Administrative Code

A title company and its employees must not lease or rent a workspace location owned or leased by a producer unless all of the following conditions are met:(1) The space is secured by a bona fide written lease or rental agreement;(2) The rent paid for the workspace is consistent w…

(1) A title company may provide no more than two hundred dollars in value of food, floral bouquets, or memorial donations for the death of a producer or a producer's immediate family member. This includes contributions to medical funds for a producer or a producer's seriously inj…

(1) A title company must not give, offer to give, provide, or offer to provide nontitle services (for example: Computerized bookkeeping, forms management, computer programming, trust accounting for trust accounts not held in the name of the title company, short sale consultants, …

The following is a partial, nonexclusive list of things of value that a title company must not give to a producer. Even though a thing of value is not included on this list a title company must not give any other things of value to a producer unless clearly and specifically permi…

(1) A title company must keep and maintain complete, accurate, and sufficient records to demonstrate compliance with WAC 284-29-200 through this section and keep them for a period of five years after the end of the year during which any thing of value was given to a producer.(2) …

For purposes of WAC 284-29-300 through 284-29-340:(1) "Closing" means the process of completing a real estate transaction in accordance with the written escrow instructions of the principle parties during which: Deeds, deeds of trust, mortgages, leases, and other required documen…

A title insurance agent must not, without the written consent of the commissioner, employ any person that has been convicted of, or plead no contest to either:(1) A felony involving dishonesty or a breach of trust within the last ten years; or(2) A gross misdemeanor involving the…

Under RCW 48.29.190 title insurance agents are required to keep adequate records of all transactions handled by the title insurance agent. These records must be in an organized form and must include and conform with the following requirements:(1) An individual ledger for each esc…

(1) All escrow trust account funds received by a title insurance agent must be deposited in the account not later than the first banking day following the receipt thereof.(2) A title insurance agent must not make any disbursement from an escrow trust account unless it is in compl…

(1) Every title insurance agent providing escrow services must retain and preserve business and accounting records for five years after each transaction as required by RCW 48.29.190, 48.17.470, WAC 284-12-080, and 284-29-265 and must continue to do so after the business is closed…

Title insurance protects against financial loss from defects in insured titles of real property. Losses from title insurance policies are not the primary cost to title insurers and title insurance agents. The primary costs incurred by title insurers and title insurance agents are…

The definitions in this section apply to this chapter:"Commitment" means the same as in RCW 48.29.010 (3)(c)."Complete filing" means a package of information containing rates, supporting information, documents and exhibits submitted to the commissioner electronically using the sy…

(1) On and after July 1, 2016, all rates used in Washington state must be filed and approved under RCW 48.29.147.(2) Title insurers must submit the rate filings required under RCW 48.29.147 and subsection (1) of this section to the commissioner by March 1, 2016, for rates to be e…

(1) When a title insurer files rates with the commissioner, the title insurer must demonstrate that the proposed rates comply with RCW 48.29.143. To the extent possible:(a) Each title insurer must provide credible data to support the proposed rates. If credible data are not avail…

Situations in which the rates are unfairly discriminatory under RCW 48.29.143(1) include, but are not limited to:(1) Negotiation or bidding of price;(2) Rating rules that do not have a definite charge for every bracket of coverage;(3) Discounts not provided to all qualifying risk…

(1) In many instances title insurers and title insurance agents issue title insurance commitments prior to issuing title insurance policies. Sometimes the transaction for which the title insurance commitment was issued does not close, the title insurance policy is issued by anoth…

If the rates for a title insurance policy (including endorsements) depend in whole or in part upon the judgment of the title insurer or agent, the title insurer must:(1) File rating rules that describe the specific criteria used for making the rates;(2) Document the rationale for…

(1) Under RCW 48.29.210 and WAC 284-29-200 through 284-29-265, title insurers and title insurance agents:(a) Are prohibited from giving anything of value to any person for the referral of title insurance business;(b) Are prohibited from giving most things of value to persons who …

(1) In support of the expense component of the rates, the title insurer must:(a) Include estimates of expected expenses to issue title insurance policies and commitments;(b) Exclude the expected expenses related to escrow and other activities not directly related to title insuran…

All premium rates filed under RCW 48.29.147 and this chapter must include all costs related to the title insurance transaction, including the costs to:(1) Maintain the tract indexes;(2) Search and examine the title or title to be insured;(3) Issue preliminary commitments;(4) Dete…

If the title agency contracts between a title insurer and the title insurer's appointed title agents provide for a split of premiums between the title insurer and the title insurance agent, the title insurer must file premium rate schedules using supporting data and information t…

(1) Each title insurer and title insurance agent must report premium, policy count, and expense data by county annually to the statistical reporting agent designated by the commissioner for the preceding calendar year by May 31st of each year, except as provided in subsection (5)…

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 will incorporate documents posted on the SERFF website and on the commissioner's website into th…

Filers must submit complete rate filings that comply with the SERFF Industry Manual posted on the SERFF website (www.serff.com) and the Washington State SERFF Title Insurance Rate Filing General Instructions posted on the commissioner's website (www.insurance.wa.gov). All rate fi…

(1) The commissioner may reject and close any filing that does not comply with WAC 284-29A-120. If the commissioner rejects a filing, the title insurer has not filed rates with the commissioner.(2) If the commissioner rejects a filing and the filer resubmits it as a new filing, t…

If the commissioner disapproves a filing under RCW 48.29.147, the objection letter will state the reason(s) for disapproval, including relevant law and administrative rules. Filers must:(1) Provide a complete response to an objection letter. A complete response includes:(a) A sep…

A title insurer may authorize a third-party filer to file rates on its behalf. For the purposes of this section, "third-party filer" means a person or entity in the business of providing insurance regulatory compliance services.(1) If a title insurer delegates filing authority to…

The duties of the statistical reporting agent designated by the commissioner shall include, but not be limited to, the following:(1) If any title insurer, title insurance agent, or both, do not file their annual report required by RCW 48.29.017 and WAC 284-29A-110 by May 31st of …

RCW 48.29.017(1) provides that the costs and expenses of the statistical reporting agent must be borne by all the authorized title insurers and licensed title insurance agents. RCW 48.03.060(6) provides that the expense of any examination of the statistical reporting agent must b…

In addition to the information required by RCW 48.29.410, an application for a license as a rating organization for title insurance must include:(1) An agreement that it is subject to the jurisdiction of the state of Washington and governed by Title 48 RCW.(2) An agreement to mai…

The licensing fee for a rating organization for title insurance is two hundred fifty dollars.[Statutory Authority: RCW 48.02.060, 48.29.005, 48.29.450 and 2017 c 103. WSR 18-16-060 (Matter No. R 2017-06), § 284-29B-020, filed 7/26/18, effective 8/26/18.]

(1) As often as the commissioner deems advisable and at least once in five years, the commissioner shall fully examine each rating organization for title insurance.(2) A licensed rating organization for title insurance must reimburse the state upon presentation of an itemized sta…

(1) A licensed rating organization for title insurance must periodically update and file with the commissioner its title insurance base rates, or their equivalent. Each base rate or equivalent filing must be submitted to the commissioner no later than two and one-half years after…

(1) Prior to issuing their title insurance policies, either directly or through a duly appointed title insurance agent, title insurers generally issue title insurance commitments as defined in RCW 48.29.010 (3)(f) which are effective for a period no longer than ninety days (RCW 4…

RCW 48.30.010 authorizes the commissioner to define methods of competition and acts and practices in the conduct of the business of insurance which are unfair or deceptive. The purpose of this regulation, WAC 284-30-300 through 284-30-400, is to define certain minimum standards w…

This regulation applies to all insurers and to all insurance policies and insurance contracts. This regulation is not exclusive, and acts performed, whether or not specified herein, may also be deemed to be violations of specific provisions of the insurance code or other regulati…

When used in this regulation, WAC 284-30-300 through 284-30-400:(1) "Actual cash value" means the fair market value of the loss vehicle immediately prior to the loss.(2) "Claimant" means, depending upon the circumstance, either a first party claimant, a third-party claimant, or b…

The following are hereby defined as unfair methods of competition and unfair or deceptive acts or practices of the insurer in the business of insurance, specifically applicable to the settlement of claims:(1) Misrepresenting pertinent facts or insurance policy provisions.(2) Fail…

The insurer's claim files are subject to examination by the commissioner or by duly appointed designees. The files must contain all notes and work papers pertaining to the claim in enough detail that pertinent events and dates of the events can be reconstructed.[Statutory Authori…

(1) No insurer shall fail to fully disclose to first party claimants all pertinent benefits, coverages or other provisions of an insurance policy or insurance contract under which a claim is presented.(2) No insurance producer or title insurance agent shall conceal from first par…

(1) The following definitions apply to this section.(a) "Certificate" or "certificate of insurance" means any document, without regard to title or description, that is issued by an insurer, insurance producer, or surplus line broker as evidence of property or casualty insurance c…

(1) Within ten working days after receiving notification of a claim under an individual insurance policy, or within fifteen working days with respect to claims arising under group insurance contracts, the insurer must acknowledge its receipt of the notice of claim.(a) If payment …

Every insurer must complete its investigation of a claim within thirty days after notification of claim, unless the investigation cannot reasonably be completed within that time. All persons involved in the investigation of a claim must provide reasonable assistance to the insure…

(1) Within fifteen working days after receipt by the insurer of fully completed and executed proofs of loss, the insurer must notify the first party claimant whether the claim has been accepted or denied. The insurer must not deny a claim on the grounds of a specific policy provi…

In addition to the unfair claims settlement practices specified in this regulation, the following acts or practices of the insurer are hereby defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, specifically applicable t…

Unless an agreed value is reached, the insurer must adjust and settle vehicle total losses using the methods set forth in subsections (1) through (3) of this section. Subsections (4) through (6) of this section establish standards of practice for the settlement of total loss vehi…

The insurer's total loss vehicle valuation report must include:(1) All information collected during the initial inspection assessing the condition, equipment, and mileage of the loss vehicle;(2) All information the insurer used to determine the actual cash value of the loss vehic…

The insurer must include the insured's deductible, if any, in its subrogation demands. Any recoveries must be allocated first to the insured for any deductible(s) incurred in the loss, less applicable comparable fault. Deductions for expenses must not be made from the deductible …

Prior to denying storage and towing costs, the insurer must do all of the following:(1) Advise the first party claimant by phone or in writing before it stops payment for storage of the loss vehicle. This communication must be documented in the claim file. If it is a phone call, …

The commissioner finds that some insurers limit, terminate, or deny coverage for personal injury protection insurance without adequate disclosure to insureds of their bases for such actions. To eliminate unfair acts or practices in accord with RCW 48.30.010, the following are her…