Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.29.005 Administration of chapter—Rules.
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The commissioner may adopt rules to implement and administer this chapter, including but not limited to:(1) Establishing the information to be included in the report required under RCW 48.29.015;(2) Establishing the information required for the filing of rates for title insurance…
RCW 48.29.010 Scope of chapter—Definitions.
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(1) This chapter relates only to title insurers for real property.(2) This code does not apply to persons engaged in the business of preparing and issuing abstracts of title to property and certifying to their correctness so long as the persons do not guarantee or insure the titl…
RCW 48.29.015 Requirement to maintain records—Report to commissioner.
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(1) A title insurance agent shall maintain records of its title orders sufficient to indicate the source of the title orders.(2) Every title insurance agent shall file with the commissioner annually by March 15th of each year for the previous calendar year, unless the commissione…
RCW 48.29.017 Statistical reporting agent—Duties—Required reports—Costs—Rules—Information and data exchange.
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(1) The commissioner must designate one statistical reporting agent to assist him or her in gathering information on title insurance policy issuance, business income, and expenses and making compilations thereof. The costs and expenses of the statistical reporting agent must be b…
RCW 48.29.018 Information filed under RCW 48.29.017—Confidentiality.
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(1) Information filed with the commissioner under RCW 48.29.017 must be kept confidential and is not subject to public disclosure under chapter 42.56 RCW, unless the commissioner finds, after notice and hearing with the affected parties, it is in the public interest to disclose t…
RCW 48.29.020 Certificate of authority—Qualifications.
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A title insurer is not entitled to have a certificate of authority unless:(1) It is a stock corporation;(2) It owns or leases and maintains a complete set of tract indexes of the county in this state in which its principal office is located; and(3) It has and maintains the capita…
RCW 48.29.040 May do business in two or more counties—Restrictions.
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(1) Subject to the deposit requirements of *RCW 48.29.030, a title insurer having its principal offices in one county may be authorized to transact business in only such additional counties as to which it owns or leases and maintains, or has a duly authorized agent that owns or l…
RCW 48.29.120 Reserve requirements.
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In determining the financial condition of a title insurer doing business under this title, the general provisions of chapter 48.12 RCW requiring the establishment of reserves sufficient to cover all known and unknown liabilities including allocated and unallocated loss adjustment…
RCW 48.29.130 Investments.
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A domestic title insurer shall invest its funds as follows:(1) Funds in an amount not less than its reserve required by RCW 48.29.120 must be kept invested in investments eligible for domestic life insurers.(2) Other funds may be invested in:(a) The insurer's plant and equipment,…
RCW 48.29.140 Premium rates—Required filings—Transition date set by rule.
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(1) Premium rates for the insuring or guaranteeing of titles shall not be excessive, inadequate, or unfairly discriminatory.(2) Each title insurer shall forthwith file with the commissioner a schedule showing the premium rates to be charged by it. Every addition to or modificatio…
RCW 48.29.143 Premium rates—Actuarially sound estimates.
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(1) Premium rates for the insuring or guaranteeing of titles shall not be excessive, inadequate, or unfairly discriminatory.(2) A rate is not excessive, inadequate, or unfairly discriminatory if it is an actuarially sound estimate of the expected value of all future costs associa…
RCW 48.29.147 Required filings—Information subject to review—Commissioner's powers—Timing.
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(1)(a) Every title insurer shall, before using, file with the commissioner every form, manual of title insurance rules and rates, rating plan, rate schedule, minimum rate, class rate, and rating rule, and every modification of any of the filings under this subsection which it pro…
RCW 48.29.148 Form and rate filings by rating organization.
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If so authorized by an insurer that is a member or subscriber of a rating organization, the commissioner shall accept, in lieu of filings by the insurer, form and rate filings on its behalf made by a rating organization then licensed as provided in this chapter. Rate filings acce…
RCW 48.29.149 Form and rate filings by rating organization—Deviation.
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Every member or subscriber to a rating organization shall adhere to the filings made on its behalf by such rating organization. Deviations from the rating organization's filings are permitted only when filed with the commissioner in accordance with this title. A copy of the devia…
RCW 48.29.150 Taxation of title insurers.
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Title insurers and their property shall be taxed by this state in accordance with the general laws relating to taxation, and not otherwise.[1947 c 79 s .29.15; Rem. Supp. 1947 s 45.29.15.]
RCW 48.29.155 Agent license—Financial responsibility—Definitions.
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(1) At the time of filing an application for a title insurance agent license, or any renewal or reinstatement of a title insurance agent license, the applicant shall provide satisfactory evidence to the commissioner of having obtained the following as evidence of financial respon…
RCW 48.29.160 Agents—County tract indexes required.
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To be licensed as [an] agent of a title insurer, the applicant must own or lease and maintain a complete set of tract indexes of the county or counties in which such agent will do business.[ 1981 c 223 s 1.]
RCW 48.29.170 Agents—Separate licenses for individuals not required.
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Title insurance agents are exempt from the provisions of *RCW 48.17.180(1) that require that each individual empowered to exercise the authority of a licensed firm or corporation must be separately licensed.[ 2005 c 223 s 18; 1981 c 223 s 2.]Notes:*Reviser's note: RCW 48.17.180 w…
RCW 48.29.180 Disclosure of energy conservation payment obligations—Informational note—Liability.
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The existence of notices of payment obligations in RCW 80.28.065 may be disclosed as an informational note to a preliminary commitment for policy of title insurance. Neither the inclusion nor the exclusion of any such informational note shall create any liability against such tit…
RCW 48.29.190 Conducting business as escrow agent—Requirements—Violation, penalties.
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(1) Every title insurance company and title insurance agent conducting the business of an escrow agent as defined in RCW 18.44.011 and exempt from licensing under *RCW 18.44.021(6) shall:(a) Keep adequate records, as determined by rule by the insurance commissioner, of all transa…
RCW 48.29.193 Escrow services—Schedule of fees filed with commissioner.
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(1) Each title insurer and title insurance agent shall immediately file with the commissioner a schedule of its fees for providing escrow services.(2) The schedule shall:(a) Be dated to show the date the fees for providing escrow services are to become effective, which date shall…
RCW 48.29.195 Escrow services—Schedule of fees made available to public.
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(1) Each title insurer and title insurance agent shall make available to the public schedules of its currently effective title insurance premiums and fees for providing escrow services.(2) The schedules shall:(a) Be dated to show the date the title insurance premiums or fees for …
RCW 48.29.200 Prohibited practices.
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It is a violation of this chapter for any title insurance company and title insurance agent in the conduct of the business of an escrow agent as defined in RCW 18.44.011 and exempt from licensing under *RCW 18.44.021(6) to:(1) Directly or indirectly employ any scheme, device, or …
RCW 48.29.210 Business inducements—Prohibited practices.
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(1) A title insurer, title insurance agent, or employee, agent, or other representative of a title insurer or title insurance agent shall not, directly or indirectly, give any fee, kickback, or other thing of value to any person as an inducement, payment, or reward for placing bu…
RCW 48.29.213 Return on ownership interest—Certain payments authorized.
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(1) RCW 48.29.210, 18.85.053, 18.44.305, or 19.146.103 does not make unlawful the payment by a title insurer or title insurance agent and the receipt by a producer of title insurance business of a return on ownership interest in the title insurer or title insurance agent.(2) A re…
RCW 48.29.400 Rating organizations—Intent.
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It is the legislature's intent to establish a system by which title insurers may adopt a rating organization's form and rate filings pursuant to this chapter in order to benefit consumers and entities purchasing, selling, or financing real property. It is further the legislature'…
RCW 48.29.405 Rating organizations—License required.
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A rating organization may not do business in this state or make filings with the commissioner unless then licensed by the commissioner as a rating organization.[ 2017 c 103 s 4.]
RCW 48.29.410 Rating organizations—License applications.
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Any person, whether domiciled within or outside this state, except as provided in this section, may make application to the commissioner for a license as a rating organization for title insurance. The application must include:(1) A copy of the applicant's constitution, articles o…
RCW 48.29.415 Rating organizations—License issuance—Term.
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(1) If the commissioner finds that the applicant for a license as a rating organization is competent, trustworthy, and otherwise qualified to act, and that its constitution, articles of agreement or association, certificate of incorporation, or trust agreement, and its bylaws, ru…
RCW 48.29.420 Rating organizations—License suspension and revocation.
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(1) The commissioner may, after a hearing, suspend or revoke the license issued to a rating organization for any of the following causes:(a) The commissioner finds that the licensee no longer meets the qualifications for the license.(b) The rating organization fails to comply wit…
RCW 48.29.425 Rating organizations—Commissioner notification.
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Every rating organization shall notify the commissioner promptly of every change in:(1) Its constitution, its articles of agreement or association, its certificate of incorporation, or trust agreement, and its bylaws, rules, and regulations governing the conduct of its business;(…
RCW 48.29.430 Rating organizations—Subscribers.
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(1) Subject to rules and regulations approved by the commissioner as reasonable, each rating organization shall permit any title insurance company, not a member, to subscribe to its rating services.(2) Notice of proposed changes to the rules and regulations must be given to each …
RCW 48.29.435 Rating organizations—Review by commissioner.
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(1) The reasonableness of any rule or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, shall, at the request of any subscriber or any such insurer, be reviewed by the commissioner at a hearing held upon n…
RCW 48.29.440 Rating organizations—Cooperative activities and practices.
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(1) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is hereby authorized and the filings resulting from such cooperation are subject to all the provisions of this title that are …
RCW 48.29.445 Rating organizations—Actuarial, technical, and other services.
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Any rating organization may subscribe for or purchase actuarial, technical, or other services, and such services must be available to all subscribers without discrimination.[ 2017 c 103 s 12.]
RCW 48.29.450 Rating organizations—Records—Commissioner cost recovery rules.
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(1) Each rating organization shall keep an accurate and complete record of all work performed by it, and of all its receipts and disbursements. Such rating organization and its records shall be examined by the commissioner at such times and in such manner as is provided in chapte…
RCW 48.29.455 Rating organizations—Members and subscribers—Appeal to commissioner.
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(1) Any member of or subscriber to a rating organization may appeal to the commissioner from the rating organization's action or decision in approving or rejecting any proposed change in or addition to the rating organization's filings. The commissioner shall, after a hearing on …
RCW 48.29.460 Rating organizations—Members and subscribers—Discrimination.
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(1) Every rating organization operating in this state shall furnish its services without discrimination as between its members and subscribers.(2) This chapter is not intended to and does not govern or affect the membership relation as such between a rating organization and insur…
RCW 48.29.465 Rating organizations—Membership or subscription not required.
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This chapter does not require any insurer to be a member of or subscriber to, or in any other respect affiliated with, any rating organization.[ 2017 c 103 s 17.]
RCW 48.29.470 Rating organizations—Aggregate information and experience data—Exchange.
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Every rating organization may exchange aggregate information and experience data with insurers, rating organizations in this state, and the statistical reporting agent designated in accordance with RCW 48.29.017, and may consult with insurers and rating organizations in this stat…
RCW 48.29.500 Advisory organizations—Filings with commissioner.
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Every advisory organization before serving as such to any rating organization or insurer doing business in this state must provide the following to the commissioner:(1) A copy of its constitution, its articles of agreement or association, or its certificate of incorporation and o…
RCW 48.29.510 Advisory organizations—Acts and practices inconsistent with chapter.
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If, after a hearing, the commissioner finds that the furnishing of information or assistance by an advisory organization involves any act or practice that is inconsistent with the provisions of this code, the commissioner may issue a written order specifying in what respect such …
RCW 48.29.901 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …