Title 48 — Title 48 INSURANCE

There shall be a provision for nonforfeiture benefits as required by chapter 48.76 RCW.[ 1983 c 3 s 152; 1947 c 79 s .25.10; Rem. Supp. 1947 s 45.25.10.]

There shall be a provision for a cash surrender value as required by chapter 48.76 RCW.[ 1983 c 3 s 153; 1947 c 79 s .25.11; Rem. Supp. 1947 s 45.25.11.]

There shall be a provision that the policy may be reinstated at any time within two years from the due date of the premium in default unless the cash surrender value has been paid, or the extension period expired, upon the production of evidence of insurability satisfactory to th…

There shall be a provision that when the policy becomes a claim by the death of the insured, settlement shall be made upon receipt of due proof of death or after a specified period not exceeding two months after receipt of such proof.[1947 c 79 s .25.13; Rem. Supp. 1947 s 45.25.1…

There shall be a provision that no insurance producer shall have the power or authority to waive, change, or alter any of the terms or conditions of any policy; except that, at the option of the insurer, the terms or conditions may be changed by an endorsement signed by a duly au…

(1) Each such policy shall have a space on the front or back page of the policy for the name of the beneficiary designated with a reservation of the right to designate or change the beneficiary after the issuance of the policy.(2) The policy may also provide that no designation o…

Such a policy may also provide that if the beneficiary designated in the policy does not surrender the policy with due proof of death within the period stated in the policy, which shall not be less than thirty days after the death of the insured, or if the beneficiary is the esta…

In the case of weekly premium policies, there may be a provision that upon proper notice to the insurer while premiums on the policy are not in default beyond the grace period, of the intention to pay future premiums directly to the insurer at its home office or any office design…

There shall be a provision in the case of weekly premium policies granting, upon proper written request and upon presentation of evidence of the insurability of the insured satisfactory to the insurer, the privilege of converting his or her weekly premium industrial insurance to …

There shall be a provision, in the case of monthly premium industrial policies, granting, upon proper written request and upon presentation of evidence of the insurability of the insured satisfactory to the insurer, the privilege of converting his or her monthly premium industria…

There shall be a title on the face of each such policy briefly describing its form.[1947 c 79 s .25.20; Rem. Supp. 1947 s 45.25.20.]

Any of the provisions required by this chapter or any portion thereof which are not applicable to single premium or term policies or to policies issued or granted pursuant to nonforfeiture provisions, shall to that extent not be incorporated therein.[1947 c 79 s .25.21; Rem. Supp…

No such policy shall contain:(1) A provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other insurance from the same insurer.(2) A provision giving the insurer the right to declare the policy void because the …

The insurer may in any such policy limit its liability for the same causes and to the same extent as is provided in RCW 48.23.260 for other life insurance contracts.[1947 c 79 s .25.23; Rem. Supp. 1947 s 45.25.23.]

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 …

As used in this chapter:(1) "Profit-sharing policy" means:(a) A life insurance policy which by its terms expressly provides that the policyholder will participate in the distribution of earnings or surplus other than earnings or surplus attributable, by reasonable and nondiscrimi…

No profit-sharing, charter, or founders policy shall be issued or delivered in this state after September 1, 1967.[ 1967 ex.s. c 95 s 6.]

No coupon policy shall be issued or delivered in this state until the form of the same has been filed with and approved by the commissioner.[ 1967 ex.s. c 95 s 7.]

Coupon policies issued or delivered in this state shall be subject to the following provisions:(1) No detachable coupons or certificates or passbooks may be used. No other device may be used which tends to emphasize the periodic endowment benefits or which tends to create the imp…

The commissioner may revoke all certificates of authority and licenses granted to any insurance company, its officers or agents violating any provision of this chapter.[ 1967 ex.s. c 95 s 9.]

(1) Over-insurance shall be deemed to exist if property or an insurable interest therein is insured by one or more insurance contracts against the same hazard in any amount in excess of the fair value of the property or of such interest, as determined as of the effective date of …

By any contract of insurance of property or of any insurable interest therein, the insurer may in connection with a special provision or endorsement made a part of the policy insure the cost of repair or replacement of such property, if damaged or destroyed by a hazard insured ag…

(1) Every insurer issuing a homeowner, condominium unit owner, residential tenant, and residential fire insurance policy that does not cover damage caused by flood must notify the policyholder that the policy does not cover damage caused by flood. The notice must also inform the …

Whenever by law or by rule of any court, public official, or public body, any surety bond, recognizance, obligation, stipulation or undertaking is required or is permitted to be given, any such bond, recognizance, obligation, stipulation, or undertaking which is otherwise proper …

Any fiduciary required by law to give bonds, may include as part of his or her lawful expense to be allowed by the court or official by whom he or she was appointed, the reasonable amount paid as premium for such bonds to the authorized surety insurer or to the surplus line suret…

In any proceeding the party entitled to recover costs may include therein such reasonable sum as was paid to such surety insurer as premium for any bond or undertaking required therein, and as may be allowed by the court having jurisdiction of such proceeding.[ 1955 c 30 s 2. Pri…

The premium for bonds given by such surety insurers for appointive or elective public officers and for such of their deputies or employees as are required to give bond shall be paid by the state, political subdivision, or public body so served.[ 1955 c 30 s 3. Prior: 1947 c 79 s …

A surety insurer may be released from its liability on the same terms and conditions as are provided by law for the release of individuals as sureties.[1947 c 79 s .28.05; Rem. Supp. 1947 s 45.28.05.]

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…

(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…

(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…

(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…

(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…

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…

(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…

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…

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,…

(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…

(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…

(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…

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…

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…

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.]

(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…

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.]

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…

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…

(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…

(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…

(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 …