Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
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 …
RCW 48.30.010 Unfair practices in general—Remedies and penalties.
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(1) No person engaged in the business of insurance shall engage in unfair methods of competition or in unfair or deceptive acts or practices in the conduct of such business as such methods, acts, or practices are defined pursuant to subsection (2) of this section.(2) In addition …
RCW 48.30.015 Unreasonable denial of a claim for coverage or payment of benefits.
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(1) Any first party claimant to a policy of insurance who is unreasonably denied a claim for coverage or payment of benefits by an insurer may bring an action in the superior court of this state to recover the actual damages sustained, together with the costs of the action, inclu…
RCW 48.30.020 Anticompact law.
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(1) No person shall either within or outside of this state enter into any contract, understanding or combination with any other person to do jointly or severally any act or engage in any practice for the purpose of(a) controlling the rates to be charged for insuring any risk or a…
RCW 48.30.030 False financial statements.
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No person shall knowingly file with any public official nor knowingly make, publish, or disseminate any financial statement of an insurer which does not accurately state the insurer's financial condition.[1947 c 79 s .30.03; Rem. Supp. 1947 s 45.30.03.]
RCW 48.30.040 False information and advertising.
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No person shall knowingly make, publish, or disseminate any false, deceptive or misleading representation or advertising in the conduct of the business of insurance, or relative to the business of insurance or relative to any person engaged therein.[1947 c 79 s .30.04; Rem. Supp.…
RCW 48.30.050 Advertising must show name and domicile.
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Every advertisement of, by, or on behalf of an insurer shall set forth the name in full of the insurer and the location of its home office or principal office, if any, in the United States (if an alien insurer).[1947 c 79 s .30.05; Rem. Supp. 1947 s 45.30.05.]
RCW 48.30.060 Insurer name—Deceptive use prohibited.
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No person who is not an insurer shall assume or use any name which deceptively infers or suggests that it is an insurer.[1947 c 79 s .30.06; Rem. Supp. 1947 s 45.30.06.]
RCW 48.30.070 Advertising of financial condition.
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(1) Every advertisement by or on behalf of any insurer purporting to show its financial condition may be in a condensed form but shall in substance correspond with the insurer's last verified statement filed with the commissioner.(2) No insurer or person in its behalf shall adver…
RCW 48.30.075 Using existence of insurance guaranty associations in advertising, etc., to sell insurance.
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No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in any newspaper, magazine, or other publication, or in the form of a notice, circular…
RCW 48.30.080 Defamation of insurer.
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No person shall make, publish, or disseminate, or aid, abet or encourage the making, publishing, or dissemination of any information or statement which is false or maliciously critical and which is designed to injure in its reputation or business any authorized insurer or any dom…
RCW 48.30.090 Misrepresentation of policies.
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No person shall make, issue or circulate, or cause to be made, issued or circulated any misrepresentation of the terms of any policy or the benefits or advantages promised thereby, or the dividends or share of surplus to be received thereon, or use any name or title of any policy…
RCW 48.30.100 Dividends not to be guaranteed.
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No insurer, insurance producer, title insurance agent, or other person shall guarantee or agree to the payment of future dividends or future refunds of unused premiums or savings in any specific or approximate amounts or percentages on account of any insurance contract.[ 2008 c 2…
RCW 48.30.110 Contributions to candidates for insurance commissioner.
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(1) No insurer or fraternal benefit society doing business in this state shall directly or indirectly pay or use, or offer, consent, or agree to pay or use any money or thing of value for or in aid of any candidate for the office of insurance commissioner; nor for reimbursement o…
RCW 48.30.120 Misconduct of officers, employees.
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No director, officer, agent, attorney-in-fact, or employee of an insurer shall:(1) Knowingly receive or possess himself or herself of any of its property, otherwise than in payment for a just demand, and with intent to defraud, omit to make or to cause or direct to be made, a ful…
RCW 48.30.130 Presumption of knowledge of director.
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A director of an insurer is deemed to have such knowledge of its affairs as to enable him or her to determine whether any act, proceeding, or omission of its directors is a violation of any provision of this chapter. If present at a meeting of directors at which any act, proceedi…
RCW 48.30.133 Gifts, etc., for the referral of insurance business—Restrictions.
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(1) An insurance producer may give to an individual, prizes, goods, wares, gift cards, gift certificates, or merchandise not exceeding one hundred dollars in value per person in any consecutive twelve-month period for the referral of insurance business to the insurance producer, …
RCW 48.30.135 Sponsoring events or making contributions—Definitions.
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(1) An insurance producer may sponsor events for, or make contributions to a bona fide charitable or nonprofit organization, if the sponsorship or contribution is not conditioned upon the organization applying for or obtaining insurance through the insurance producer.(2) For purp…
RCW 48.30.140 Rebating—Other inducements.
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(1) Except to the extent provided for in an applicable filing with the commissioner then in effect, no insurer, insurance producer, or title insurance agent shall, as an inducement to insurance, or after insurance has been effected, directly or indirectly, offer, promise, allow, …
RCW 48.30.150 Illegal inducements.
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(1) No insurer, insurance producer, title insurance agent, or other person shall, as an inducement to insurance, or in connection with any insurance transaction, provide in any policy for, or offer, or sell, buy, or offer or promise to buy or give, or promise, or allow to, or on …
RCW 48.30.155 Life or disability insurers—Insurance as inducement to purchase of goods, etc.
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No life or disability insurer shall directly or indirectly participate in any plan to offer or effect any kind or kinds of insurance in this state as an inducement to the purchase by the public of any goods, securities, commodities, services or subscriptions to publications. This…
RCW 48.30.157 Charges for extra services.
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Notwithstanding the provisions of RCW 48.30.140, 48.30.150, and 48.30.155, the commissioner may permit an insurance producer to enter into reasonable arrangements with insureds and prospective insureds to charge a reduced fee in situations where services that are charged for are …
RCW 48.30.170 Rebate—Acceptance prohibited.
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(1) No insured person shall receive or accept, directly or indirectly, any rebate of premium or part thereof, or any favor, advantage, share in dividends, or other benefits, or any valuable consideration or inducement not specified or provided for in the policy, or any commission…
RCW 48.30.180 "Twisting" prohibited.
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No person shall by misrepresentations or by misleading comparisons, induce or tend to induce any insured to lapse, terminate, forfeit, surrender, retain, or convert any insurance policy.[1947 c 79 s .30.18; Rem. Supp. 1947 s 45.30.18.]
RCW 48.30.190 Illegal dealing in premiums.
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(1) No person shall wilfully collect any sum as premium for insurance, which insurance is not then provided or is not in due course to be provided by an insurance policy issued by an insurer as authorized by this code.(2) No person shall wilfully collect as premium for insurance …
RCW 48.30.200 Hypothecation of premium notes.
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It shall be unlawful for any insurer or its representative, or any insurance producer, to hypothecate, sell, or dispose of any promissory note, received in payment for any premium or part thereof on any contract of life insurance or of disability insurance applied for, prior to d…
RCW 48.30.210 Misrepresentation in application for insurance.
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A person who knowingly makes a false or misleading statement or impersonation, or who willfully fails to reveal a material fact, in or relative to an application for insurance to an insurer, is guilty of a gross misdemeanor, and the license of any such person may be revoked.[ 199…
RCW 48.30.220 Destruction, injury, secretion, etc., of property.
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Any person, who, with intent to defraud or prejudice the insurer thereof, burns or in any manner injures, destroys, secretes, abandons, or disposes of any property which is insured at the time against loss or damage by fire, theft, embezzlement, or any other casualty, whether the…
RCW 48.30.230 False claims or proof—Penalty.
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(1) It is unlawful for any person, knowing it to be such, to:(a) Present, or cause to be presented, a false or fraudulent claim, or any proof in support of such a claim, for the payment of a loss under a contract of insurance; or(b) Prepare, make, or subscribe any false or fraudu…
RCW 48.30.240 Rate wars prohibited.
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(1) Any insurer which precipitates, or aids in precipitating or conducting a rate war and by so doing writes or issues a policy of insurance at a less rate than permitted under its schedules filed with the commissioner, or below the rate deemed by him or her to be proper and adeq…