Washington Administrative Code

The purpose of this chapter is to establish a joint underwriting association pursuant to chapter 48.87 RCW, to provide midwifery and birth center malpractice insurance.[Statutory Authority: RCW 48.02.060 and 48.87.100. WSR 94-02-053 (Order R 93-18), § 284-87-010, filed 12/30/93, …

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter."Association" means the joint underwriting association established pursuant to the provisions of chapter 48.87 RCW."Board" means the governing board of the association."Li…

(1) A nonprofit joint underwriting association for midwifery and birthing centers malpractice insurance is hereby established. Membership in the association shall be mandatory for all insurers that on or after July 25, 1993, possess a certificate of authority to write medical mal…

(1) If the commissioner finds that any licensee is not reasonably able to obtain midwifery or birthing center malpractice insurance with liability limits of at least one million dollars per claim and three million dollars per annual aggregate, or such other minimum level of manda…

(1) The association must be administered by a governing board, subject to the supervision of the commissioner, and operated by a service company or companies appointed by the board.(2) The board must consist of five members. Three board members must be member insurers appointed b…

(1) Within thirty days after the appointment of its members by the commissioner, the board must prepare and adopt a plan of operation and bylaws consistent with this chapter, subject to approval by the commissioner. In a timely manner thereafter, the board must take all actions n…

(1) The board may calculate, levy, and collect assessments from member insurers whenever necessary for the orderly operation of the association.(2) After its formation, the board may calculate, levy, and collect from member insurers a start up assessment to pay initial expenses o…

(1) The association must maintain statistics on business written and shall make the following quarterly report to the commissioner:(a) Number of applications received by the association;(b) Number of applications accepted by the association and the total and average premiums char…

Any licensee that is unable to obtain midwifery or birthing center insurance with liability limits of at least one million dollars per claim and three million dollars per annual aggregate, or other minimum level of mandated coverage as determined by the department of health, from…

(1) All policies issued by the association must have liability limits of at least one million dollars per claim and three million dollars per annual aggregate, or other minimum level of mandated coverage as determined by the department of health, and shall be issued for a term of…

(1) Policies written by the association will not automatically renew. To obtain continuing coverage by the association, a licensee must again satisfy initial eligibility requirements under WAC 284-87-090 at the end of the expiring policy term.(2) The association shall notify cove…

(1) No policy or binder issued pursuant to this chapter shall be cancelled except:(a) For nonpayment of premium, in which case cancellation of the policy shall be effected by providing ten days written notice in advance of the date of cancellation. Payment to the association of a…

(1) Any applicant or insured, licensed pursuant to chapter 18.46, 18.50, or 18.88 RCW, shall have a right of appeal to the commissioner, including the right to appear before the commissioner or his or her designee, if requested by the person seeking appeal, from any decision by t…

All licensed producers must provide full cooperation in carrying out the aims and the operation of the association.[Statutory Authority: RCW 48.02.060 and 48.87.100. WSR 10-15-014 (Matter No. R 2010-02), § 284-87-140, filed 7/8/10, effective 8/8/10; WSR 94-02-053 (Order R 93-18),…

The association shall pay commissions as established by the board on policies issued under this chapter to the licensed producer designated by the applicant.[Statutory Authority: RCW 48.02.060 and 48.87.100. WSR 10-15-014 (Matter No. R 2010-02), § 284-87-150, filed 7/8/10, effect…

(1) The board shall determine and establish a minimum loss reserve account to offset infrequent severe losses.(2) If the board, in its sole discretion, determines that the reserve account is in excess of an amount necessary to pay potential infrequent severe losses, the associati…

Any notice of cancellation or nonrenewal of midwifery or birthing center insurance given by an insurer to a licensee potentially eligible for coverage through the association shall include or be accompanied by an explanation of the licensee's right and procedure to obtain insuran…

If the association is deactivated or dissolved and has a positive asset balance, the excess funds will be distributed in the following order:(1) For the purchase of prior acts coverage from the successor insurer for all active licensees insured by the association.(2) For the retu…

The association shall have perpetual existence, subject to repeal or modification of this chapter.[Statutory Authority: RCW 48.02.060 and 48.87.100. WSR 94-02-053 (Order R 93-18), § 284-87-170, filed 12/30/93, effective 1/30/94.]

(1) The purpose of this chapter is to assure nondiscriminatory treatment of insureds and prospective insureds by establishing minimum standards insurers must meet with respect to acquired immune deficiency syndrome (AIDS) and its related conditions. Related conditions include a p…

(1) AIDS and its related conditions are diseases and must be considered as such under the insurance laws of this state. Underwriting considerations must be consistent with the underwriting considerations applied to other diseases. Prospective insureds must be accepted or rejected…

The Washington state health insurance pool (WSHIP) was created with the intent of ensuring the availability of comprehensive health insurance to residents who are denied health insurance and are otherwise unable to obtain such insurance coverage directly under any individual or g…

The definitions in this section apply throughout this chapter.(1) "Accounting year" means a 12-month period determined by the board for purposes of recordkeeping and accounting. The first accounting year may be more or less than 12 months and, from time to time in subsequent year…

All entities in this state, on or after May 18, 1987, meeting the definition of a member (as per WAC 284-91-110), shall be members of the pool.[Statutory Authority: RCW 48.41.170 and 48.02.060. WSR 21-23-067, § 284-91-120, filed 11/12/21, effective 12/13/21.]

(1) Following the close of each accounting year, the pool administrator shall determine the total net cost of pool operation which shall include:(a) Net premium (premiums less administrative expense allowances), the pool expenses of administration, and incurred losses for the yea…

Under RCW 48.41.040(4), the commissioner approves the plan of operation submitted by the board of directors of the pool. The plan of operation is composed of the following documents:(1) Articles of organization approved by the WSHIP board on September 5, 2002, and amended by the …

The definitions in chapter 48.92 RCW apply in this regulation unless otherwise specified or unless the context clearly requires otherwise.(1) "Domestic purchasing group" means a purchasing group formed under the laws of this state.(2) "Domestic risk retention group" means a risk …

Registrations of purchasing groups effected before the date this regulation becomes effective are cancelled as of 11:59 p.m. on December 31, 1993. This date may be extended by the commissioner in a particular case or class of cases for good cause shown. After that date, or after …

No purchasing group may provide insurance, offer to provide insurance, or solicit or invite applications for insurance, as to Washington residents, or otherwise transact insurance in Washington or with respect to Washington residents, until it is registered.[Statutory Authority: …

No purchasing group is registered until it has been notified by the commissioner that it is registered. There is no "deemer."[Statutory Authority: RCW 48.02.060 and 48.92.140. WSR 93-19-006 (Order R 93-10), § 284-92-220, filed 9/1/93, effective 10/2/93.]

(1) Except as provided by RCW 48.92.080, the request for registration must include an appointment of the commissioner as agent for service of process, as provided in chapter 48.92 RCW.(2) The doing of business as a purchasing group in Washington, or as to Washington residents, in…

The grounds for suspension or revocation mentioned in this section are in addition to those mentioned elsewhere in this regulation or in other applicable law or regulation. The registration of a purchasing group may be suspended or revoked:(1) If any basis exists on which, if the…

(1) Insurance for a purchasing group may be provided only by one or more of the following: An insurer holding a certificate of authority to transact the relevant line of business in Washington; a risk retention group registered in Washington; or an insurer acting lawfully in acco…

(1) The requirements for filing and approval of policy rates and forms apply to forms issued to or in connection with purchasing groups to the same extent as they apply in other situations.(2) Notwithstanding subsection (1) of this section, forms that have been properly issued in…

(1) Under RCW 48.92.050 (3) and (4), in some situations there is no coverage by the Washington Insurance Guaranty Association for some insurance obtained by a purchasing group. Under RCW 48.92.090(2), the purchasing group must inform its members of the lack of that protection and…

If any information included in the request for registration, or otherwise provided to the commissioner, changes or is found to have been incorrect when submitted, the commissioner must be notified within ten days of the change or the discovery of the inaccuracy.[Statutory Authori…

(1) No domestic purchasing group will be registered unless the purchasing group has and maintains in Washington the records applicable to its business, including records as to insured persons, financial matters, and the like. There must also be resident in Washington an officer o…

No risk retention group may provide insurance, offer to provide insurance, or solicit or invite applications for insurance, as to Washington residents, or otherwise transact insurance in Washington or with respect to Washington residents, until it is registered.[Statutory Authori…

No risk retention group is registered until it has been notified by the Commissioner that it is registered. There is no "deemer."[Statutory Authority: RCW 48.02.060 and 48.92.140. WSR 93-19-006 (Order R 93-10), § 284-92-420, filed 9/1/93, effective 10/2/93.]

(1) The request for registration must include an appointment of the commissioner as agent for service of process, as provided in chapter 48.92 RCW.(2) The doing of business as a risk retention group in Washington, or as to Washington residents, in itself constitutes such an appoi…

The grounds for suspension or revocation mentioned in this section are in addition to those mentioned elsewhere in this regulation or in other applicable law or regulation. In addition, a domestic risk retention group is subject to the same sanctions, on the same grounds, as a do…

Only appropriately licensed insurance producers or surplus line brokers may solicit or accept applications for insurance to be issued by a risk retention group.[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.010(5). WSR 11-01-159 (Matter No. R 2010-09), § 284-92-450, filed 1…

The premium tax under chapter 48.14 RCW applies to insurance issued by risk retention groups. Failure to pay the tax when due is grounds for suspension or revocation of the registration of the risk retention group, in addition to other fines, penalties, interest, and other conseq…

If any information included in the request for registration, or otherwise provided to the commissioner, changes or is found to have been incorrect when submitted, the commissioner must be notified within ten days of the change or the discovery of the inaccuracy.[Statutory Authori…

Each registered risk retention group shall submit to the commissioner copies of any annual statements or reports, or other reports on operations and financial results or condition, that are filed by it with the insurance regulatory official of its state of domicile or with the Na…

The "notice" requirement of RCW 48.92.040(7) is to be applied as follows:(1) On an application form, the notice must appear on the first page. On a policy, the notice must appear both on the first page and on the declaration page; if the declaration page is the first page, one ap…

A domestic risk retention group must be formed in compliance with chapter 48.06 RCW. It must meet the capital and surplus requirements applicable under RCW 48.05.340 to insurers transacting the kind or kinds of insurance that the domestic risk retention group proposes to transact…

Domestic risk retention groups shall file the reports required by RCW 48.92.030. In addition, domestic risk retention groups shall file quarterly financial reports and any other statements or reports required by the commissioner for such groups in general or for any one or more s…

This regulation, WAC 284-95-010 through 284-95-060, inclusive, shall be known and may be cited as "the Washington regulation on transfer of insurance contracts."[Statutory Authority: RCW 48.02.060 (3)(a), 48.01.030 and 48.30.010. WSR 91-23-064 (Order R 91-9), § 284-95-010, filed …

(1) This regulation establishes procedures to be followed with respect to the transfer of insurance contracts from a transferring company to an assuming company, establishes notice and disclosure requirements to protect the rights of policyowners, and defines unfair or deceptive …