Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.30.250 Interlocking ownership, management.
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(1) Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer or insurers, or have a common management with any other insurer or insurers, unless such retention, investment, acquisition or common management is inconsistent with a…
RCW 48.30.260 Right of debtor or borrower to select insurance producer, surplus line broker, or insurer.
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(1) Every debtor or borrower, when property insurance of any kind is required in connection with the debt or loan, shall have reasonable opportunity and choice in the selection of the insurance producer, surplus line broker, and insurer through whom such insurance is to be placed…
RCW 48.30.270 Public building or construction contracts—Surety bonds or insurance—Violations concerning—Exemption.
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(1) No officer or employee of this state, or of any public agency, public authority or public corporation except a public corporation or public authority created pursuant to agreement or compact with another state, and no person acting or purporting to act on behalf of such offic…
RCW 48.30.300 Unfair discrimination, generally.
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Notwithstanding any provision contained in Title 48 RCW to the contrary:(1) A person or entity engaged in the business of insurance in this state may not refuse to issue any contract of insurance or cancel or decline to renew such contract because of the sex, marital status, or s…
RCW 48.30.310 Commercial motor vehicle employment driving record not to be considered, when.
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When an individual applies for a policy of casualty insurance providing either automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage, or automobile physical damage coverage on an individually owned passenger vehicle or a renewal of such …
RCW 48.30.320 Notice of reason for cancellation, restrictions based on disability.
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Every authorized insurer, upon canceling, denying, or refusing to renew any individual life, individual disability, homeowner, dwelling fire, or private passenger automobile insurance policy, shall, upon written request, directly notify in writing the applicant or insured, as the…
RCW 48.30.330 Immunity from libel or slander.
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With respect to contracts of insurance as defined in RCW 48.30.320, there shall be no liability on the part of, and no cause of action of any nature shall arise against, the insurance commissioner, the commissioner's agents, or members of the commissioner's staff, or against any …
RCW 48.30.340 Auto glass repair—Restrictions on insurer-owned facilities.
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(1) A person in this state has the right to choose any glass repair facility for the repair of a loss relating to motor vehicle glass.(2) An insurer or its third-party administrator that owns in whole or in part an automobile glass repair facility that is processing a claim limit…
RCW 48.30.350 Initiating arbitration of claims under the balance billing protection act with such frequency as to indicate a health carrier's general business practice.
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(1) It is an unfair or deceptive practice for a health carrier to initiate, with such frequency as to indicate a general business practice, arbitration under RCW 48.49.040 with respect to claims submitted by out-of-network providers for services included in RCW 48.49.020 that req…
RCW 48.30.360 Performance standards—Premiums—Application—Rules.
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(1) For purposes of this section, "performance standard" means a contractual provision in a group insurance contract that establishes a specific standard for the insurer's or health carrier's performance of an obligation in the contract, and under which the insurer or health carr…
RCW 48.30.900 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 48.30A.005 Findings—Intent.
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The legislature finds that the business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. The payment of kickbacks, bribes, or rebates for re…
RCW 48.30A.010 Definitions.
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The definitions set forth in this section apply throughout this chapter unless the context clearly indicates otherwise.(1) "Casualty or property insurance" includes both the insurance under which a claim is filed and insurance that receives a claim through subrogation, and means …
RCW 48.30A.015 Unlawful acts—Penalties.
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(1) It is unlawful for a person:(a) Knowing that the payment is for the referral of a claimant to a service provider, either to accept payment from a service provider or, being a service provider, to pay another; or(b) To provide or claim or represent to have provided services to…
RCW 48.30A.020 Defenses to proceedings under this chapter.
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In a proceeding under this chapter, it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense:(1) The conduct alleged was authorized by the rules of professional conduct or the admission to practice rules for lawyers as adopted…
RCW 48.30A.030 Injunction available—Remedies—Costs—Attorneys' fees—Degree of proof—Time limit.
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Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoinin…
RCW 48.30A.035 Detrimental judgment—Written notification to appropriate regulatory or disciplinary body or agency.
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Whenever a service provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under RCW 48.30A.030, the attorney general or the prosecuting attorney shall provide written …
RCW 48.30A.040 Violation—Cause for discipline—Unprofessional conduct—Regulatory penalty.
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A violation of this chapter is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct t…
RCW 48.30A.045 Insurance antifraud plan—File plan and changes with commissioner—Exemptions.
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(1) Each insurer licensed to write direct insurance in this state, except those exempted in subsection (2) of this section, shall institute and maintain an insurance antifraud plan. An insurer licensed after July 1, 1995, shall file its antifraud plan within six months of licensu…
RCW 48.30A.050 Insurance antifraud plan—Specific procedures.
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An insurer's antifraud plan must establish specific procedures to:(1) Prevent insurance fraud, including internal fraud involving employees or company representatives, fraud resulting from misrepresentation on applications for insurance coverage, and claims fraud;(2) Review claim…
RCW 48.30A.055 Insurance antifraud plan—Review—Disapproval—Notice—Audit to ensure compliance.
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If after review of an insurer's antifraud plan, the commissioner finds that the plan does not comply with RCW 48.30A.050, the commissioner may disapprove the antifraud plan. Notice of disapproval must include a statement of the specific reasons for disapproval. The insurer shall …
RCW 48.30A.060 Insurance antifraud plan—Actions taken by insurer—Report—Not public records.
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By March 31st of each year, each insurer shall provide to the insurance commissioner a summary report on actions taken under its antifraud plan to prevent and combat insurance fraud. The report must also include, but not be limited to, measures taken to protect and ensure the int…
RCW 48.30A.065 Insurance antifraud plan or summary report—Failure to file or exercise good faith—Penalty—Failure to follow plan—Civil penalty.
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An insurer that fails to file a timely antifraud plan or summary report or that fails to make a good faith attempt to file an antifraud plan that complies with RCW 48.30A.050 or a summary report that complies with RCW 48.30A.060, is subject to the penalty provisions of RCW 48.01.…
RCW 48.30A.070 Duty to investigate, enforce, and prosecute violations.
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It is the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.[ 1995 c 285 s 14.]
RCW 48.30A.900 Effective date—1995 c 285.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.[ 1995 c 285 s 39.]
RCW 48.31.010 Merger or consolidation.
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(1) Subject to the provisions of RCW 48.08.080, relating to the mutualization of stock insurers, RCW 48.09.350, relating to the conversion or reinsurance of mutual insurers, and RCW 48.10.330, relating to the consolidation or conversion of reciprocal insurers, a domestic insurer …
RCW 48.31.020 Definitions—Insurer, exceeded its powers, consent.
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(1) For the purposes of this chapter, other than as to RCW 48.31.010, and in addition to persons included under RCW 48.99.010, the term "insurer" shall be deemed to include an insurer authorized under chapter 48.05 RCW, an insurer or institution holding a certificate of exemption…
RCW 48.31.021 Insurer—Self-funded multiple employer welfare arrangement.
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A self-funded multiple employer welfare arrangement, as defined in RCW 48.125.010, is an insurer under this chapter.[ 2004 c 260 s 20.]Notes:Effective date—2004 c 260: See RCW 48.125.901.
RCW 48.31.025 Confidentiality of documents, materials, or other information—Commissioner's capacity as a receiver.
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(1) Documents, materials, or other information that the commissioner obtains under this chapter in the commissioner's capacity as a receiver as defined in RCW 48.99.010(12), are records under the jurisdiction and control of the receivership court. These records are confidential b…
RCW 48.31.030 Rehabilitation—Grounds.
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The commissioner may apply for an order directing him or her to rehabilitate a domestic insurer upon one or more of the following grounds: That the insurer(1) Is insolvent; or(2) Has refused to submit its books, records, accounts, or affairs to the reasonable examination of the c…
RCW 48.31.040 Rehabilitation—Order—Termination.
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(1) An order to rehabilitate a domestic insurer shall direct the commissioner forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessa…
RCW 48.31.045 Rehabilitation order against insurer—Insurer is party to action or proceeding—Stay the action—Statute of limitations or defense of laches.
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(1) A court in this state before which an action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety days and such additional time as…
RCW 48.31.050 Liquidation—Grounds.
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The commissioner may apply for an order directing him or her to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this state, regardless of whether or not there has been a prior order directing him or her to …
RCW 48.31.060 Liquidation—Order.
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(1) An order to liquidate the business of a domestic insurer shall direct the commissioner forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business in his or her own name as commissioner or in the nam…
RCW 48.31.070 Liquidation—Alien insurers.
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An order to liquidate the business of the United States branch of an alien insurer having trusteed assets in this state shall be in the same terms as those prescribed for domestic insurers, except that only the assets of the business of such United States branch shall be included…
RCW 48.31.080 Conservation of assets—Foreign insurers.
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The commissioner may apply for an order directing him or her to conserve the assets within this state of a foreign insurer upon any one or more of the following grounds:(1) Upon any of the grounds specified in items (1) to (9) inclusive of RCW 48.31.030 and in item (2) of RCW 48.…
RCW 48.31.090 Conservation of assets—Alien insurers.
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The commissioner may apply for an order directing him or her to conserve the assets within this state of an alien insurer upon any one or more of the following grounds:(1) Upon any of the grounds specified in items (1) to (9) inclusive of RCW 48.31.030 and in item (2) of RCW 48.3…
RCW 48.31.100 Foreign or alien insurers—Conservation, ancillary proceedings.
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(1) An order to conserve the assets of a foreign or alien insurer must direct the commissioner immediately to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court.(2) Whenever a domiciliary receiver is …
RCW 48.31.105 Conduct of proceedings—Requirement to cooperate—Definitions—Violations—Penalties.
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(1) An officer, manager, director, trustee, owner, employee, or agent of an insurer or other person with authority over or in charge of a segment of the insurer's affairs shall cooperate with the commissioner in a proceeding under this chapter or an investigation preliminary to t…
RCW 48.31.111 Commencement of delinquency proceeding by commissioner—Jurisdiction of courts.
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(1) A delinquency proceeding may not be commenced under this chapter by anyone other than the commissioner of this state, and no court has jurisdiction to entertain a proceeding commenced by another person.(2) No court of this state has jurisdiction to entertain a complaint prayi…
RCW 48.31.115 Immunity from suit and liability—Persons entitled to protection.
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(1) The persons entitled to protection under this section are:(a) The commissioner and any other receiver or administrative supervisor responsible for conducting a delinquency proceeding under this chapter, including present and former commissioners, administrative supervisors, a…
RCW 48.31.121 Court order for a formal delinquency proceeding—Commissioner may petition—Insurer may petition for hearing and review.
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(1) The commissioner may petition the court alleging, with respect to a domestic insurer:(a) That there exists a ground that would justify a court order for a formal delinquency proceeding against an insurer under this chapter;(b) That the interests of policyholders, creditors, o…
RCW 48.31.125 Order of liquidation—Termination of coverage.
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(1) All policies, including bonds and other noncancellable business, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation continue in force only until the earliest of:(a) The end of a period of thirty days from the date of…
RCW 48.31.131 Appointment of liquidator—Actions at law or equity—Statute of limitations or defense of laches.
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(1) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, an action at law or equity or in arbitration may not be brought against the insurer or liquidator, whether in this state or elsewhere, nor may such an exist…
RCW 48.31.135 Recovery from reinsurers—Not reduced by delinquency proceedings—Direct payment to insured.
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The amount recoverable by the commissioner from reinsurers may not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement except as provided in RCW 48.31.290. Payment made directly to an insured or other c…
RCW 48.31.141 Responsibility for payment of a premium—Earned or unearned premium—Violations—Penalties—Rights of party aggrieved.
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(1)(a) An insurance producer, title insurance agent, surplus line broker, premium finance company, or any other person, other than the policy owner or the insured, responsible for the payment of a premium is obligated to pay any unpaid premium for the full policy term due the ins…
RCW 48.31.145 Liquidator denies claim—Written notice—Objections of claimant—Court hearing.
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(1) When the liquidator denies a claim in whole or in part, the liquidator shall give written notice of the determination to the claimant or the claimant's attorney by first-class mail at the address shown in the proof of claim. Within sixty days from the mailing of the notice, t…
RCW 48.31.151 Creditor's claim against insurer is secured by other person—Subrogated rights—Agreements concerning distributions.
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Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and is subrogated to the rights of the creditor, whether the claim has …
RCW 48.31.155 Unclaimed funds—Liquidator's application for discharge—Deposits with the department of revenue.
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Unclaimed funds subject to distribution remaining in the liquidator's hands when he or she is ready to apply to the court for discharge, including the amount distributable to a person who is unknown or cannot be found, shall be deposited with the state department of revenue as un…
RCW 48.31.161 After termination of liquidation proceeding—Good cause to reopen proceedings.
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After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that…