Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.18.010 Scope of chapter.
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This chapter applies to insurances other than ocean marine and foreign trade insurances.[ 2005 c 337 s 2; 1947 c 79 s .18.01; Rem. Supp. 1947 s 45.18.01.]Notes:Finding—Intent—2005 c 337: See note following RCW 48.18.030.
RCW 48.18.020 Power to contract.
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(1) Any person eighteen years or older shall be considered of full legal age and may contract for or with respect to insurance. Any person seventeen years or younger shall be considered a minor for purposes of Title 48 RCW.(2) A minor not less than fifteen years of age as at near…
RCW 48.18.030 Insurable interest—Personal insurances—Nonprofit organizations—Rules.
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(1) Any individual of competent legal capacity may insure his or her own life or body for the benefit of any person. A person may not insure the life or body of another individual unless the benefits under the contract are payable to the individual insured or the individual's per…
RCW 48.18.040 Insurable interest—Property insurances.
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(1) No contract of insurance on property or of any interest therein or arising therefrom shall be enforceable except for the benefit of persons having an insurable interest in the things insured.(2) "Insurable interest" as used in this section means any lawful and substantial eco…
RCW 48.18.050 Named insured—Interest insured.
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When the name of a person intended to be insured is specified in the policy, such insurance can be applied only to his or her own proper interest. This section shall not apply to life and disability insurances.[ 2009 c 549 s 7065; 1947 c 79 s .18.05; Rem. Supp. 1947 s 45.18.05.]
RCW 48.18.060 Application—Consent—When required.
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A life or disability insurance contract upon an individual may not be made or take effect unless at the time the contract is made the individual insured applies for or consents to the contract in writing, except in the following cases:(1) A spouse may insure the life of the other…
RCW 48.18.070 Alteration of application.
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(1) Any application for insurance in writing by the applicant shall be altered solely by the applicant or by his or her written consent, except that insertions may be made by the insurer for administrative purposes only in such manner as to indicate clearly that such insertions a…
RCW 48.18.080 Application as evidence.
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(1) No application for the issuance of any insurance policy or contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy when issued and delivered. This …
RCW 48.18.090 Warranties and misrepresentations, effect of.
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(1) Except as provided in subsection (2) of this section, no oral or written misrepresentation or warranty made in the negotiation of an insurance contract, by the insured or in his or her behalf, shall be deemed material or defeat or avoid the contract or prevent it attaching, u…
RCW 48.18.100 Forms of policies—Filing, certification, and approval—Exceptions.
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(1) No insurance policy form or application form where written application is required and is to be attached to the policy, or printed life or disability rider or endorsement form may be issued, delivered, or used unless it has been filed with and approved by the commissioner. Th…
RCW 48.18.103 Forms of commercial property casualty policies—Legislative intent—Issuance prior to filing—Disapproval by commissioner—Definition.
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(1) It is the intent of the legislature to assist the purchasers of commercial property casualty insurance by allowing policies to be issued more expeditiously and provide a more competitive market for forms.(2) Commercial property casualty policies may be issued prior to filing …
RCW 48.18.110 Grounds for disapproval.
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(1) The commissioner shall disapprove any such form of policy, application, rider, or endorsement, or withdraw any previous approval thereof, only:(a) If it is in any respect in violation of or does not comply with this code or any applicable order or regulation of the commission…
RCW 48.18.120 Standard forms.
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(1) The commissioner shall, after hearing, from time to time promulgate such rules and regulations as may be necessary to define and effect reasonable uniformity in all basic contracts of fire insurance which are commonly known as the standard form fire policies and may be so ref…
RCW 48.18.125 Loss payable and mortgagee clauses for property and automobile physical damage insurances—Requirement to use adopted forms.
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The commissioner is hereby authorized, and shall within a reasonable time following July 30, 1967, adopt standard forms for loss payable and mortgagee clauses for property and automobile physical damage insurances, pursuant to the procedures set forth in RCW 48.18.120(1). Followi…
RCW 48.18.130 Standard provisions.
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(1) Insurance contracts shall contain such standard provisions as are required by the applicable chapters of this code pertaining to contracts of particular kinds of insurance. The commissioner may waive the required use of a particular standard provision in a particular insuranc…
RCW 48.18.140 Contents of policies in general.
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(1) The written instrument, in which a contract of insurance is set forth, is the policy.(2) A policy shall specify:(a) The names of the parties to the contract. The insurer's name shall be clearly shown in the policy.(b) The subject of the insurance.(c) The risk insured against.…
RCW 48.18.150 Additional contents.
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A policy may contain additional provisions, which are not inconsistent with this code, and which are(1) required to be so inserted by the laws of the insurer's state of domicile; or(2) necessary, on account of the manner in which the insurer is constituted or operated, to state t…
RCW 48.18.160 Charter or bylaw provisions.
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No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be inva…
RCW 48.18.170 "Premium" defined.
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"Premium" as used in this code means all sums charged, received, or deposited as consideration for an insurance contract or the continuance thereof. "Premium" does not include a regulatory surcharge imposed by RCW 48.02.190, except as otherwise provided in this section. Any asses…
RCW 48.18.180 Stated premium must include all charges.
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(1) The premium stated in the policy shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for the procurement thereof.(2) No insurer or its officer, employee, appointed insurance producer, or other representative shall charge or r…
RCW 48.18.190 Policy must contain entire contract.
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No agreement in conflict with, modifying, or extending any contract of insurance shall be valid unless in writing and made a part of the policy.[1947 c 79 s .18.19; Rem. Supp. 1947 s 45.18.19.]
RCW 48.18.200 Limiting actions, jurisdiction.
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(1) Except as provided by subsection (3) of this section, no insurance contract delivered or issued for delivery in this state and covering subjects located, resident, or to be performed in this state, shall contain any condition, stipulation, or agreement(a) requiring it to be c…
RCW 48.18.210 Execution of policies.
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(1) Every insurance contract shall be executed in the name of and on behalf of the insurer by its officer, employee, or representative duly authorized by the insurer.(2) A facsimile signature of any such executing officer, employee or representative may be used in lieu of an orig…
RCW 48.18.220 Receipt of premium to bind coverage—Contents of receipt.
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Where an insurance producer, title insurance agent, or other representative of an insurer receipts premium money at the time that the insurance producer, title insurance agent, or representative purports to bind coverage, the receipt shall state: (a) That it is a binder, (b) a br…
RCW 48.18.230 Binders—Duration—Premium.
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(1) A "binder" is used to bind insurance temporarily pending the issuance of the policy. No binder shall be valid beyond the issuance of the policy as to which it was given, or beyond ninety days from its effective date, whichever period is the shorter.(2) If the policy has not b…
RCW 48.18.240 Binders—Insurance producer's or title insurance agent's liability.
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The commissioner may suspend or revoke the license of any insurance producer or title insurance agent issuing or purporting to issue any binder as to any insurer named therein as to which he or she is not then authorized so to bind.[ 2008 c 217 s 15; 1947 c 79 s .18.24; Rem. Supp…
RCW 48.18.250 Underwriters' and combination policies.
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(1) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such policies shall plainly show the true name of th…
RCW 48.18.260 Delivery of policy.
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(1) Subject to the insurer's requirements as to payment of premium, every policy shall be delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance.(2) In event the original policy is delivered or is so required to be deliver…
RCW 48.18.278 Terms for cancellation, nonrenewal, or modification of portable electronics policy—Application of RCW 48.18.290 and 48.18.2901 to portable electronics insurance.
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(1) The cancellation provisions in RCW 48.18.290 and the nonrenewal provisions in RCW 48.18.2901 apply to portable electronics insurance policies issued under chapter 48.120 RCW, unless inconsistent with this section in which case this section controls.(2) An insurer may cancel, …
RCW 48.18.280 Renewal of policy.
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Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor for a specific additional p…
RCW 48.18.289 Cancellation, nonrenewal, renewal offer—Notice to insurance producer or title insurance agent.
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Whenever a notice of cancellation or nonrenewal or an offer to renew is furnished to an insured in accord with any provision of this chapter, a copy of such notice or offer shall be provided within five working days to the insurance producer or title insurance agent on the accoun…
RCW 48.18.290 Terms for cancellation, nonrenewal, or modification of portable electronics policy—Application of RCW 48.18.290 and 48.18.2901 to portable electronics insurance.
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(1) Cancellation by the insurer of any policy which by its terms is cancellable at the option of the insurer, or of any binder based on such policy which does not contain a clearly stated expiration date, may be effected as to any interest only upon compliance with the following:…
RCW 48.18.2901 Terms for cancellation, nonrenewal, or modification of portable electronics policy—Application of RCW 48.18.290 and 48.18.2901 to portable electronics insurance.
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(1) Each insurer must renew any insurance policy subject to RCW 48.18.290 unless one of the following situations exists:(a)(i) For all insurance policies subject to RCW 48.18.290(1)(a):(A) The insurer must deliver or mail written notice of nonrenewal to the named insured at least…
RCW 48.18.291 Cancellation of private automobile insurance by insurer—Notice—Requirements.
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(1) A contract of insurance predicated wholly or in part upon the use of a private passenger automobile may not be terminated by cancellation by the insurer until at least twenty days after mailing written notice of cancellation to the named insured at the latest address filed wi…
RCW 48.18.292 Refusal to renew private automobile insurance by insurer—Change in amount of premium or deductibles.
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(1) Each insurer shall be required to renew any contract of insurance subject to RCW 48.18.291 unless one of the following situations exists:(a) The insurer gives the named insured at least twenty days' notice in writing as provided for in RCW 48.18.291(1), that it proposes to re…
RCW 48.18.293 Nonliability of commissioner, agents, insurer for information giving reasons for cancellation or refusal to renew—Proof of mailing of notice.
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(1) There shall be no liability on the part of, and no cause of action of any nature shall arise against, the insurance commissioner, his or her agents, or members of his or her staff, or against any insurer, its authorized representative, its agents, its employees, or any firm, …
RCW 48.18.295 RCW 48.18.290 through 48.18.297 not to prevent cancellation or nonrenewal, when.
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Nothing in RCW 48.18.290 through 48.18.297 shall be construed to prevent the cancellation or nonrenewal of any such insurance where:(1) Such cancellation or nonrenewal is ordered by the commissioner under a statutory delinquency proceeding commenced under the provisions of chapte…
RCW 48.18.296 Contracts to which RCW 48.18.291 through 48.18.297 inapplicable.
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The provisions of RCW 48.18.291 through 48.18.297 shall not apply to:(1) Contracts of insurance issued under the assigned risk plan;(2) Any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards; and(3) Contracts o…
RCW 48.18.297 RCW 48.18.290 through 48.18.297 not to prevent cancellation or nonrenewal, when.
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A private passenger automobile as used in RCW 48.18.291 through 48.18.297 shall mean:(1) An individually owned motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers, nor rented to others.(2) Any other individ…
RCW 48.18.298 Disability insurance—Refusal to renew by insurer.
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No insurer shall refuse to renew any policy of individual disability insurance issued after July 1, 1973 because of a change in the physical or mental condition or health of any person covered thereunder: PROVIDED, That after approval of the insurance commissioner, an insurer may…
RCW 48.18.299 Disability insurance—Cancellation by insurer.
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No contract of insurance enumerated in RCW 48.18.298 shall be terminated by cancellation by the insurer during the period of contract except for nonpayment of premium. This section shall not be deemed to affect the right of the insurer to rescind the policy as limited and defined…
RCW 48.18.300 Cancellation by insured.
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(1) Cancellation by the insured of any policy which by its terms is cancellable at the insured's option or of any binder based on such policy may be effected by written notice thereof to the insurer or surrender of the policy or binder for cancellation prior to or on the effectiv…
RCW 48.18.310 Cancellation by commissioner.
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The commissioner may order the immediate cancellation of any policy the procuring or effectuation of which was accomplished through or accompanied by a violation of this code, except in cases where the policy by its terms is not cancellable by the insurer and the insured did not …
RCW 48.18.320 Annulment of liability policies.
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No insurance contract insuring against loss or damage through legal liability for the bodily injury or death by accident of any individual, or for damage to the property of any person, shall be retroactively annulled by any agreement between the insurer and insured after the occu…
RCW 48.18.340 Dividends payable to real party in interest.
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(1) Every insurer issuing participating policies, shall pay dividends, unused premium refunds or savings distributed on account of any such policy, only to the real party in interest entitled thereto as shown by the insurer's records, or to any person to whom the right thereto ha…
RCW 48.18.350 Breach of warranty prior to loss—Effect.
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If any breach of a warranty or condition in any insurance contract occurs prior to a loss under the contract, such breach shall not avoid the contract nor avail the insurer to avoid liability, unless the breach exists at the time of the loss.[1947 c 79 s .18.35; Rem. Supp. 1947 s…
RCW 48.18.360 Assignment of policies—Life and disability.
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Subject to the terms of the policy relating to its assignment, life insurance policies, other than industrial or group life insurance policies, and disability policies providing benefits for accidental death, whether such policies were heretofore or are hereafter issued, and unde…
RCW 48.18.370 Payment discharges insurer—Life and disability.
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Whenever the proceeds of, or payments under a life or disability insurance policy, heretofore or hereafter issued, become payable and the insurer makes payment thereof in accordance with the terms of the policy, or in accordance with any written assignment thereof pursuant to RCW…
RCW 48.18.375 Assignment of interests under group insurance policy.
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A person whose life is insured under a group insurance policy may, subject and pursuant to the terms of the policy, or pursuant to an arrangement between the insured, the group policyholder and the insurer, assign to any or all his or her spouse, children, parents, or a trust for…
RCW 48.18.390 Simultaneous deaths—Payment of proceeds—Life insurance.
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Where the individual insured and the beneficiary designated in a life insurance policy or policy insuring against accidental death have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as …