Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.102.041 Contract requirements.
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(1) A person may not use any form of life settlement contract in this state unless it has been filed with and approved, if required, by the commissioner in a manner that conforms with the filing procedures and any time restrictions or deeming provisions, if any, for life insuranc…
RCW 48.102.046 Reporting requirements and record retention.
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(1) Each provider shall file with the commissioner on or before March 1 of each year an annual statement containing such information as the commissioner may prescribe by rule. In addition to any other requirements, for any policy settled within five years of policy issuance, the …
RCW 48.102.051 Privacy.
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(1) Except as otherwise allowed or required by law, a provider, broker, purchaser, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity, shall not disclose the identity of an insure…
RCW 48.102.061 Examination.
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(1) Any life settlement provider, broker, or person licensed or regulated by this chapter shall be subject to the provisions of chapters 48.03 and 48.37 RCW, except as otherwise explicitly exempted or modified in this chapter.(2) For the purpose of ascertaining its condition, or …
RCW 48.102.070 Advertising.
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(1) A broker, or provider licensed pursuant to this chapter, may conduct or participate in advertisements within this state. These advertisements shall comply with all advertising and marketing laws or rules adopted by the commissioner that are applicable to life insurers or to b…
RCW 48.102.080 Disclosures to owners.
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(1) The provider or broker shall provide in writing, or require the broker to provide, in a separate document that is signed by the owner and provider or broker, the following information to the owner no later than the date of application for a life settlement contract:(a) The fa…
RCW 48.102.090 Disclosure by insurer.
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In addition to other questions an insurance carrier may lawfully pose to a life insurance applicant, insurance carriers may inquire in the application for insurance whether the proposed owner intends to pay premiums with the assistance of financing from a lender that will use the…
RCW 48.102.100 Notice to insured of alternative transactions—Document approved by commissioner.
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(1) With respect to each policy issued by an insurance company, the insurance company shall notify the owner of an individual life insurance policy when the insured person under such a policy is age sixty or older, or is known to be terminally ill or chronically ill, that there m…
RCW 48.102.110 General rules.
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(1) A provider entering into a life settlement contract with any owner of a policy, wherein the insured is terminally or chronically ill, shall first obtain:(a) If the owner is the insured, a written statement from a licensed attending physician that the owner is of sound mind an…
RCW 48.102.120 Conflict of laws.
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(1) If there is more than one owner on a single policy, and the owners are residents of different states, the life settlement contract shall be governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold equal ownersh…
RCW 48.102.130 Prohibited practices.
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(1) It is unlawful for any person to:(a) Enter into a life settlement contract if such person knows or reasonably should have known that the life insurance policy was obtained by means of a false, deceptive or misleading application for such policy;(b) Engage in any transaction, …
RCW 48.102.140 Fraud prevention and control.
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(1)(a) A person shall not commit a fraudulent life settlement act.(b) A person shall not knowingly and intentionally interfere with the enforcement of this chapter or investigations of suspected or actual violations of this chapter.(c) A person in the business of life settlements…
RCW 48.102.150 Enforcement.
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(1) The commissioner may conduct investigations to determine whether any person has violated any provision of this chapter.(2) If the commissioner has cause to believe that any person is violating or is about to violate any provision of this title or any regulation or order of th…
RCW 48.102.160 Penalties.
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(1) For the purpose of this section, an act is committed in this state if it is committed, in whole or in part, in the state of Washington, or affects persons or property within this state and relates to or involves a life settlement contract.(2) It is a violation of this chapter…
RCW 48.102.170 Authority to adopt rules.
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The commissioner may adopt rules implementing and administering this chapter including, but not limited to:(1) Establishing standards for evaluating reasonableness of payments under life settlement contracts for persons who are terminally ill or chronically ill including, but not…
RCW 48.102.180 Unfair trade practices.
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The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preserva…
RCW 48.102.193 Existing rights or liabilities—July 26, 2009.
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Chapter 104, Laws of 2009 does not affect any existing right acquired or liability or obligation incurred under the sections repealed in chapter 104, Laws of 2009 or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sec…
RCW 48.110.010 Finding—Declaration—Purpose.
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The legislature finds that increasing numbers of businesses are selling service contracts for repair, replacement, and maintenance of motor vehicles, appliances, computers, electronic equipment, and other consumer products. There are risks that contract obligors will close or oth…
RCW 48.110.015 Exempt from title—Application of chapter.
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(1) The following are exempt from this title:(a) Warranties;(b) Maintenance agreements;(c) Service contracts:(i) Paid for with separate and additional consideration;(ii) Issued at the point of sale, or within sixty days of the original purchase date of the property; and(iii) On t…
RCW 48.110.017 Application of chapter.
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This chapter does not prohibit a service contract provider from covering, in whole or in part, residential water, sewer, plumbing, electrical, heating and cooling systems, utilities, or similar systems, including items intended to be attached to or installed in any real property,…
RCW 48.110.020 Definitions.
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The definitions in this section apply throughout this chapter.(1) "Administrator" means the person who is responsible for the administration of the service contracts, the service contracts plan, or the protection product guarantees.(2) "Commissioner" means the insurance commissio…
RCW 48.110.030 Registration required—Application—Required information—Grounds for refusal—Annual renewal.
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(1) A person may not act as, or offer to act as, or hold himself or herself out to be a service contract provider in this state, nor may a service contract be sold to a consumer in this state, unless the service contract provider has a valid registration as a service contract pro…
RCW 48.110.033 Application of RCW 48.110.030—Exceptions.
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(1) Except for service contract providers or protection product guarantee providers, persons marketing, selling, or offering to sell service contracts or protection products for providers are exempt from the registration requirements of RCW 48.110.030.(2) The marketing, sale, off…
RCW 48.110.040 Filing of annual report—Fee—Investigations—Confidentiality.
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(1)(a) Every registered service contract provider must file an annual report for the preceding calendar year with the commissioner on or before March 1st of each year, or within any extension of time the commissioner for good cause may grant. The report must be in the form and co…
RCW 48.110.050 Obligations of service contract provider or protection product guarantee provider—Limited application.
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(1) Service contracts shall not be issued, sold, or offered for sale in this state or sold to consumers in this state unless the service contract provider has:(a) Provided a receipt for, or other written evidence of, the purchase of the service contract to the contract holder; an…
RCW 48.110.055 Protection product guarantee providers—Obligations—Application—Required information—Grounds for refusal—Annual renewal.
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(1) This section applies to protection product guarantee providers.(2) A person must not act as, or offer to act as, or hold himself or herself out to be a protection product guarantee provider in this state, nor may a protection product be sold to a consumer in this state, unles…
RCW 48.110.060 Reimbursement insurance policies insuring service contracts or protection product guarantees.
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(1) Reimbursement insurance policies insuring service contracts or protection product guarantees issued, sold, or offered for sale in this state or issued or sold to consumers in this state shall state that the insurer that issued the reimbursement insurance policy shall either r…
RCW 48.110.070 Service contracts—Form—Required contents—Limited application.
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(1) Service contracts marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state or sold to residents of this state shall be written, printed, or typed in clear, understandable language that is easy to read, and disclose the requirements se…
RCW 48.110.073 Service contract forms—Motor vehicles—Reliance on reimbursement insurance policy.
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(1) If the service contract provider or protection product guarantee provider is using one or more reimbursement insurance policy or policies to satisfy the requirements of RCW 48.110.050(2)(a), then each reimbursement insurance policy shall be filed with and approved by the comm…
RCW 48.110.075 Service contracts on motor vehicles—Obligations of provider—Contract requirements.
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(1) This section applies to service contracts on motor vehicles.(2) Service contracts shall not be issued, sold, or offered for sale in this state or sold to consumers in this state unless:(a) The service contract provider has either demonstrated its financial responsibility or a…
RCW 48.110.078 Calculation of minimum net worth or stockholder's equity—Accounting principles.
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(1) A service contract provider relying on RCW 48.110.050(2)(a) or 48.110.075(2)(a) to assure the faithful performance of its obligations to service contract holders shall calculate the minimum net worth or stockholder's equity required by this chapter in accordance with generall…
RCW 48.110.080 Name of service contract provider or protection product guarantee provider—Use of legal name—False or misleading statements—Restrictions on requirement to purchase service contract.
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(1) A service contract provider or protection product guarantee provider shall not use in its name the words insurance, casualty, guaranty, surety, mutual, or any other words descriptive of the insurance, casualty, guaranty, or surety business; or a name deceptively similar to th…
RCW 48.110.090 Recordkeeping of service contract provider or protection product guarantee provider—Requirements—Duration—Form.
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(1) The service contract provider or protection product guarantee provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.(2) The service contract provider's or protection product guarantee provider's accounts, books, and rec…
RCW 48.110.100 Termination of reimbursement insurance policy.
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As applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with RCW 48.18.290 has been given to the service contract provider or protection product guarantee provider and has been delivered to …
RCW 48.110.110 Service contract provider or protection product guarantee provider—Agent of insurer which issued reimbursement insurance policy.
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(1) Service contract providers or protection product guarantee providers are considered to be the agent of each insurer which issued the reimbursement insurance policy or policies for purposes of obligating the insurer to service contract holders or protection product guarantee h…
RCW 48.110.120 Commissioner may conduct investigations.
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(1) The commissioner may conduct investigations of service contract providers or protection product guarantee providers, administrators, service contract sellers or protection product sellers, insurers, and other persons to enforce this chapter and protect service contract holder…
RCW 48.110.130 Denial, suspension, or revocation of registration—Immediate suspension without notice or hearing—Fine.
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(1) The commissioner may, subject to chapter 48.04 RCW, deny, suspend, or revoke the registration of a service contract provider or protection product guarantee provider if the commissioner finds that the service contract provider or protection product guarantee provider:(a) Has …
RCW 48.110.140 Application of consumer protection act.
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The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preserva…
RCW 48.110.150 Rules.
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The commissioner may adopt rules to implement and administer this chapter.[ 1999 c 112 s 16.]
RCW 48.110.900 Date of application to service contracts.
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This chapter applies to all service contracts, other than on motor vehicles, sold or offered for sale ninety or more days after July 25, 1999. This chapter applies to all service contracts on motor vehicles and protection products sold or offered for sale after September 30, 2006…
RCW 48.110.902 Application of chapter to motor vehicle manufacturers or import distributors.
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(1) RCW 48.110.030 (2)(a) and (b), (3), and (4), 48.110.040, 48.110.060, 48.110.100, 48.110.110, 48.110.075 (2)(a) and (b) and (4)(e), and 48.110.073 (1) and (2) do not apply to motor vehicle service contracts issued by a motor vehicle manufacturer or import distributor covering …
RCW 48.110.904 Effective date—2006 c 274.
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This act takes effect October 1, 2006.[ 2006 c 274 s 24.]
RCW 48.111.005 Findings—Purpose.
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The legislature finds that certain service contracts involving providers of home heating fuel and homeowners are in the public interest. The legislature further finds that the existing statutory provisions regulating service contracts are more burdensome than is necessary to safe…
RCW 48.111.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Administrator" means the person who is responsible for the administration of the service contracts or the service contracts plan.(2) "Commissioner" means the insurance…
RCW 48.111.020 Registration required—Application—Required information—Grounds for refusal—Annual renewal.
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(1) A person shall not act as, or offer to act as, or hold himself or herself out to be a home heating fuel service contract provider in this state, nor may a home heating fuel service contract be sold to a consumer in this state, unless the contract provider has a valid registra…
RCW 48.111.030 Filing of reports—Investigations—Confidentiality.
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(1) Every registered home heating fuel service contract provider that is assuring its faithful performance of its obligations to its contract holders by complying with RCW 48.111.040(2)(b) shall file an annual report for the preceding calendar year with the commissioner on or bef…
RCW 48.111.040 Obligations of contract provider.
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(1) Home heating fuel service contracts may not be issued, sold, or offered for sale in this state or sold to consumers in this state unless the contract provider has:(a) Provided a receipt for, or other written evidence of, the purchase of the home heating fuel service contract …
RCW 48.111.050 Reimbursement insurance policies insuring home heating fuel service contracts.
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(1) Reimbursement insurance policies insuring home heating fuel service contracts issued, sold, or offered for sale in this state or sold to consumers in this state must state that the insurer that issued the reimbursement insurance policy shall reimburse or pay on behalf of the …
RCW 48.111.053 Termination of reimbursement insurance policies.
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As applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with RCW 48.18.290 has been given to the home heating fuel service contract provider and has been delivered to the commissioner. The t…
RCW 48.111.055 Insurer issuing reimbursement insurance policy—Contract provider is agent.
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(1) Home heating fuel service contract providers are the agent of the insurer that issued the reimbursement insurance policy for purposes of obligating the insurer to contract holders in accordance with the home heating fuel service contract and this chapter. Payment of the provi…