Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.84.070 Separation of data regarding certain policies.
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Commencing with reports for accounting periods beginning on or after January 1, 1988, all insurers, fraternal benefit societies, health care services contractors, and health maintenance organizations shall, for reporting and recordkeeping purposes, separate data concerning long-t…
RCW 48.84.910 Effective date, application—1986 c 170.
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RCW 48.84.060 shall take effect on November 1, 1986, and the commissioner shall adopt all rules necessary to implement RCW 48.84.060 by its effective date including rules prohibiting particular unfair or deceptive acts and practices in the advertising, sale, and marketing of long…
RCW 48.85.010 Washington long-term care partnership program—Generally.
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The department of social and health services shall, in conjunction with the office of the insurance commissioner, coordinate a long-term care insurance program entitled the Washington long-term care partnership, whereby private insurance and medicaid funds shall be used to financ…
RCW 48.85.020 Protection of assets—Federal approval—Rules.
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The department of social and health services shall seek approval from the centers for medicare and medicaid services to allow the protection of an individual's assets as provided in this chapter. The department shall adopt all rules necessary to implement the Washington long-term…
RCW 48.85.030 Insurance policy criteria—Rules.
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(1) The insurance commissioner shall adopt rules defining the criteria that qualified long-term care partnership insurance policies must meet to satisfy the requirements of this chapter. The rules shall incorporate any requirements set forth by chapter 48.83 RCW and the deficit r…
RCW 48.85.040 Consumer education program.
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The insurance commissioner shall, with the cooperation of the department of social and health services and members of the long-term care insurance industry, develop a consumer education program designed to educate consumers as to the need for long-term care, methods for financing…
RCW 48.85.900 Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492.
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See RCW 43.72.910 through 43.72.915.
RCW 48.87.010 Intent.
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Certified nurse midwives and licensed midwives experience a major problem in both the availability and affordability of malpractice insurance. In particular midwives practicing outside hospital settings are unable to obtain malpractice insurance at any price in this state at this…
RCW 48.87.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Association" means the joint underwriting association established under this chapter.(2) "Midwifery and birth center malpractice insurance" means insurance coverage a…
RCW 48.87.030 Plan for establishing association—Commissioner's duty—Market assistance plan.
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The insurance commissioner shall approve by December 31, 1993, a reasonable plan for the establishment of a nonprofit, joint underwriting association for midwifery and birth center malpractice insurance subject to the conditions and limitations contained in this chapter. Such pla…
RCW 48.87.040 Composition of association.
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The association shall be comprised of all insurers possessing a certificate of authority to write and engaged in writing medical malpractice insurance within this state and general casualty companies. Every insurer shall be a member of the association and shall remain a member as…
RCW 48.87.050 Midwifery and birth center malpractice insurance—Rating plan modified according to practice volume.
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A licensee may apply to the association to purchase midwifery and birth center malpractice insurance and the association shall offer a policy with liability limits of one million dollars per claim and three million dollars per annual aggregate, or such other minimum level of mand…
RCW 48.87.060 Administering a plan.
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The commissioner may select an insurer to administer a plan established under this chapter. The insurer must be admitted to transact the business of insurance of the state of Washington.[ 1993 c 112 s 6.]
RCW 48.87.070 Policies written on a claims made basis—Commissioner may not approve without insurer guarantees.
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The insurance commissioner may not approve a policy written on a claims made basis by an insurer doing business in this state unless the insurer guarantees to the commissioner the continued availability of suitable liability protection for midwives subsequent to the discontinuanc…
RCW 48.87.080 Risk management program—Part of plan.
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A risk management program for insureds of the association must be established as a part of the plan. This program must include but not be limited to: Investigation and analysis of frequency, severity, and causes of adverse or untoward outcomes; development of measures to control …
RCW 48.87.100 Rule making.
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The commissioner may adopt all rules necessary to ensure the efficient, equitable operation of the association, including but not limited to, rules requiring or limiting certain policy provisions.[ 1993 c 112 s 10.]
RCW 48.88.010 Intent.
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Day care service providers have experienced major problems in both the availability and affordability of liability insurance. Premiums for such insurance policies have recently grown as much as five hundred percent and the availability of such insurance in Washington markets has …
RCW 48.88.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Association" means the joint underwriting association established pursuant to the provisions of this chapter.(2) "Day care insurance" means insurance coverage against…
RCW 48.88.030 Plan for joint underwriting association.
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The commissioner shall approve by July 1, 1986, a reasonable plan for the establishment of a nonprofit, joint underwriting association for day care insurance, subject to the conditions and limitations contained in this chapter.[ 1986 c 141 s 3.]
RCW 48.88.040 Association—Membership.
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The association shall be comprised of all insurers possessing a certificate of authority to write and engage in writing property and casualty insurance within this state on a direct basis, including the liability portion of multiperil policies, but not of ocean marine insurance. …
RCW 48.88.050 Policies—Liability limits—Rating plan.
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Any licensee may apply to the association to purchase day care insurance, and the association shall offer a policy with liability limits of at least one hundred thousand dollars per occurrence. The commissioner shall require the use of a rating plan for day care insurance that pe…
RCW 48.88.070 Rules.
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The commissioner may adopt all rules necessary to ensure the efficient, equitable operation of the association, including but not limited to, rules requiring or limiting certain policy provisions.[ 1986 c 141 s 7.]
RCW 48.90.010 Findings and intent.
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(1) Day care providers are facing a major crisis in that adequate and affordable business liability insurance is no longer available within this state for persons who care for children. Many child day care centers have been forced to purchase inadequate coverage at prohibitive pr…
RCW 48.90.020 Definitions.
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The definitions in this section apply throughout this chapter.(1) "Child day care center" means an agency that regularly provides care for one or more children for periods of less than twenty-four hours as defined in *RCW 74.15.020(1)(a).(2) "Association" means a corporation orga…
RCW 48.90.030 Authority to self-insure.
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Associations meeting the criteria of RCW 48.90.020 are empowered to create and operate self-insurance plans to provide general liability coverage to member child day care centers who choose to subscribe to the plans.[ 2003 c 248 s 23; 1986 c 142 s 3.]
RCW 48.90.040 Chapter exclusive.
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Except as provided in this chapter, self-insurance plans formed and implemented pursuant to this chapter shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state.[ 1986 c 142 s 4.]
RCW 48.90.050 Elements of plan.
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Any association desiring to establish a plan pursuant to this chapter shall prepare and submit to the commissioner a proposed plan of organization and operation, including the following elements:(1) A statement that the association meets the requirements of this chapter.(2) A fin…
RCW 48.90.060 Approval of plan.
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If the plan submitted complies with RCW 48.90.050 and if the terms of the plan reflect sound financial management, the commissioner shall approve the plan submitted pursuant to RCW 48.90.050.[ 1986 c 142 s 6.]
RCW 48.90.070 Contributing trust fund.
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All funds contributed for the purpose of the self-insurance plan shall be deposited in a contributing trust fund, which shall at all times be maintained separately from the general funds of the association. The association shall not contribute to or draw upon the contributing tru…
RCW 48.90.080 Initial implementation of plan—Conditions.
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The initial implementation of the plan shall be conditioned upon establishment of the minimum deposits in the contributing trust fund at least thirty days prior to the first effective date of the program for its first year of operation.[ 1986 c 142 s 8.]
RCW 48.90.090 Standard of care in fund management—Fiduciary.
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In managing the assets of the contributing trust fund, the association shall exercise the reasonable judgment and care that ordinary persons of prudence, intelligence, and discretion exercise in the sound management of their affairs, not in regard to speculation but in regard to …
RCW 48.90.100 Annual report.
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The association shall provide an annual report of the operations of the plan to all subscribers, to the secretary of social and health services, and to the commissioner. This report shall:(1) Review claims made, judgments entered, and claims rejected;(2) Certify that the current …
RCW 48.90.110 Powers of association.
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The association shall have the power, in its capacity as plan administrator, to contract for or delegate services as necessary for the efficient management and operation of the plan, including but not limited to:(1) Contracting for risk management and loss control services;(2) De…
RCW 48.90.120 Contracts—Terms.
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(1) All contracts between subscribers and the association shall be for one-year periods and shall terminate on the first day of the next fiscal year of the association following their signature. Subscribers withdrawing from participation in the plan during any contract period may…
RCW 48.90.130 Significant modifications in plan, statement on.
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Within six months of the beginning of any fiscal year in which significant modifications of the plan are envisioned, the association shall provide the commissioner with a statement of those modifications, setting forth the proposed changes, reasons for the changes, and reasonable…
RCW 48.90.140 Dissolution of plan and association.
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(1) If at any time the plan can no longer be operated on a sound financial basis, the association may elect to dissolve the plan, subject to explicit approval by the commissioner of a plan for dissolution. Once a plan operated by an association has been dissolved, that associatio…
RCW 48.90.150 Recovery limits.
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No person with a claim covered by a plan established pursuant to this chapter shall be entitled to recover from the plan any amount in excess of the limits of coverage provided for in the plan.[ 1986 c 142 s 15.]
RCW 48.90.160 Suspension of plan—Reconsideration.
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The commissioner may disapprove, and require suspension of a plan for failure of the association to comply with any provision of this chapter, for gross mismanagement, or for wilful disregard and neglect of its fiduciary duty. The association shall have the right to request recon…
RCW 48.90.170 Costs of investigation or review of plan.
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All reasonable costs of any investigation or review by the commissioner of an association's plan of organization and operation, or any changes or modifications thereof, including the dissolution of a plan, shall be paid by the association before issuance of any approval required …
RCW 48.92.010 Purpose.
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The purpose of this chapter is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986.[ 1993 c 462 s 91; 1987 c 306 s 1.]Notes:Severability—Implemen…
RCW 48.92.020 Definitions.
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As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:(1) "Commissioner" means the insurance commissioner of Washington state or the commissioner, director, or superintendent of insurance in any other state.(2) "Com…
RCW 48.92.030 Requirements for chartering.
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(1) A risk retention group seeking to be chartered in this state must be chartered and licensed as a liability insurance company authorized by the insurance laws of this state and, except as provided elsewhere in this chapter, must comply with all of the laws, rules, regulations,…
RCW 48.92.040 Required acts—Prohibited practices.
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Risk retention groups chartered and licensed in states other than this state and seeking to do business as a risk retention group in this state shall comply with the laws of this state as follows:(1) Before offering insurance in this state, a risk retention group shall submit to …
RCW 48.92.050 Insolvency guaranty fund, participation prohibited—Joint underwriting associations, participation required.
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(1) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any suc…
RCW 48.92.060 Countersigning not required.
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A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned.[ 1987 c 306 s 6.]
RCW 48.92.070 Purchasing groups—Exempt from certain laws.
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A purchasing group and its insurer or insurers are subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that:(1) Prohibits the establishment of …
RCW 48.92.080 Purchasing groups—Notice and registration.
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(1) A purchasing group which intends to do business in this state shall furnish, before doing business, notice to the commissioner, on forms prescribed by the National Association of Insurance Commissioners which shall:(a) Identify the state in which the group is domiciled;(b) Id…
RCW 48.92.090 Purchasing groups—Dealing with foreign insurers—Deductible or self-insured retention—Aggregate limits.
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(1) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed insurance producer acting pursu…
RCW 48.92.095 Premium taxes—Imposition—Obligations—Member's liability.
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Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing groups must be:(1) Imposed at the same rate and subject to the same interest, fines, and penalties as those applicable to premiu…
RCW 48.92.100 Authority of commissioner.
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The commissioner is authorized to make use of any of the powers established under Title 48 RCW to enforce the laws of this state so long as those powers are not specifically preempted by the federal Product Liability Risk Retention Act of 1981, as amended by the federal Risk Rete…