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2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.010 - Finding—Declaration—Purpose.

RCW 48.110.010
Finding—Declaration—Purpose.
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 otherwise be unable to fulfill their contract obligations that could result in unnecessary and preventable losses to citizens of this state. The legislature declares that it is necessary to establish standards that will safeguard the public from possible losses arising from the conduct or cessation of the business of service contract obligors or the mismanagement of funds paid for service contracts. The purpose of this chapter is to create a legal framework within which service contracts may be sold in this state and to set forth requirements for conducting a service contract business.
[ 2006 c 274 § 1; 1999 c 112 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.015 - Exempt from title—Application of chapter.

RCW 48.110.015
Exempt from title—Application of chapter.
(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 tangible property when the tangible property for which the service contract is sold has a purchase price of fifty dollars or less, exclusive of sales tax; and
(d) Agreements whereby a third party contracted by an employer provides mileage reimbursement and incidental maintenance and repairs to the employer's employees for personal vehicles used for business purposes, provided that such agreement does not provide indemnification or repairs for a loss caused by theft, collision, fire, or other peril typically covered in the comprehensive section of an automobile insurance policy.
(2) This chapter does not apply to:
(a) Vehicle mechanical breakdown insurance;
(b) Service contracts on tangible personal property purchased by persons who are not consumers; and
(c) Home heating fuel service contracts offered by home heating energy providers.
[ 2016 c 125 § 1. Prior: 2006 c 274 § 2; 2006 c 36 § 16; 2000 c 208 § 1; 1999 c 112 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.017 - Application of chapter.

RCW 48.110.017
Application of chapter.
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, with or without coverage of appliances, or from sharing contract revenue with local governments or other third parties for endorsements and marketing services.
[ 2019 c 16 § 1; 2013 c 117 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.033 - Application of RCW 48.110.030—Exceptions.

RCW 48.110.033
Application of RCW 48.110.030—Exceptions.
(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, offering for sale, issuance, making, proposing to make, and administration of service contracts or protection products by service contract providers or protection product guarantee providers and related service contract or protection product sellers, administrators, and other persons complying with this chapter are exempt from the other provisions of this title, except chapters 48.04 and 48.30 RCW and as otherwise provided in this chapter.
[ 2006 c 274 § 19.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.040 - Filing of annual report—Fee—Investigations—Confidentiality.

RCW 48.110.040
Filing of annual report—Fee—Investigations—Confidentiality.
(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 contain those matters as the commissioner prescribes and shall be verified by at least two officers of the service contract provider.
(b)(i) 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 may not be required to submit audited financial statements of the service contract provider as part of its annual reports. If requested by the commissioner, a service contract provider relying on those provisions must provide a copy of the most recent annual financial statements of the service contract provider or its parent company certified as accurate by two officers of the service contract provider or its parent company.
(ii) A service contract provider relying on its parent company's net worth to meet the requirements of RCW 48.110.050(2)(c) to assure the faithful performance of its obligations to service contract holders must submit as part of its annual report the most recent audited financial statements or form 10-K or form 20-F filed with the United States securities and exchange commission of the service contract provider's parent company if requested by the commissioner but need not submit its own audited financial statements.
(2) At the time of filing the report, the service contract provider must pay a filing fee of twenty dollars which shall be deposited into the general fund.
(3) As part of any investigation by the commissioner, the commissioner may require a service contract provider to file monthly financial reports whenever, in the commissioner's discretion, there is a need to more closely monitor the financial activities of the service contract provider. Monthly financial statements must be filed in the commissioner's office no later than the twenty-fifth day of the month following the month for which the financial report is being filed. These monthly financial reports are the internal financial statements of the service contract provider. The monthly financial reports that are filed with the commissioner constitute information that might be damaging to the service contract provider if made available to its competitors, and therefore shall be kept confidential by the commissioner. This information may not be made public or be subject to subpoena, other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner.
[ 2016 c 224 § 2; 2006 c 274 § 5; 2005 c 223 § 34; 1999 c 112 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.060 - Reimbursement insurance policies insuring service contracts or protection product guarantees.

RCW 48.110.060
Reimbursement insurance policies insuring service contracts or protection product guarantees.
(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 reimburse or pay on behalf of the service contract provider or the protection product guarantee provider all sums the service contract provider or the protection product guarantee provider is legally obligated to pay, including but not limited to the refund of the full purchase price of the service contract to the service contract holder or shall provide the service which the service contract provider or the protection product guarantee provider is legally obligated to perform according to the service contract provider's or protection product guarantee provider's contractual obligations under the service contracts or protection product guarantees issued or sold by the service contract provider or the protection product guarantee provider.
(2) The reimbursement insurance policy shall fully insure the obligations of the service contract provider or protection product guarantee provider, rather than partially insure, or insure only in the event of service contract provider or protection product guarantee provider default.
(3) The reimbursement insurance policy shall state that the service contract holder or protection product guarantee holder is entitled to apply directly to the reimbursement insurance company for payment or performance due.
[ 2006 c 274 § 7; 1999 c 112 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.073 - Service contract forms—Motor vehicles—Reliance on reimbursement insurance policy.

RCW 48.110.073
Service contract forms—Motor vehicles—Reliance on reimbursement insurance policy.
(1) If the service contract provider or protection product guarantee provider is using [the] reimbursement insurance policy to satisfy the requirements of RCW 48.110.050(2)(a), 48.110.055(2)(b), or 48.110.075(2)(a), then the reimbursement insurance policy shall be filed with and approved by the commissioner in accordance with and pursuant to the requirements of chapter 48.18 RCW.
(2) All service contracts forms covering motor vehicles must be filed with and approved by the commissioner prior to the service contract forms being used, issued, delivered, sold, or marketed in this state or to residents of this state.
(3) All service contracts forms covering motor vehicles being used, issued, delivered, sold, or marketed in this state or to residents of this state by motor vehicle manufacturers or import distributors or wholly owned subsidiaries thereof must be filed with the commissioner for approval within sixty days after the motor vehicle manufacturer or import distributor or wholly owned subsidiary thereof begins using the service contracts forms.
(4) The commissioner shall disapprove any motor vehicle service contract form if:
(a) The form is in any respect in violation of, or does not comply with, this chapter or any applicable order or regulation of the commissioner issued under this chapter;
(b) The form contains or incorporates by reference any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions;
(c) The form has any title, heading, or other indication of its provisions that is misleading; or
(d) The purchase of the contract is being solicited by deceptive advertising.
[ 2006 c 274 § 20.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 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.

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.
(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 the name or description of any insurance or surety corporation, or to the name of any other service contract provider or protection product guarantee provider. This subsection does not apply to a company that was using any of the prohibited language in its name prior to January 1, 1999. However, a company using the prohibited language in its name shall conspicuously disclose in its service contracts or protection product guarantees the following statement: "This agreement is not an insurance contract."
(2) Every service contract provider or protection product guarantee provider shall conduct its business in its own legal name, unless the commissioner has approved the use of another name.
(3) A service contract provider or protection product guarantee provider or their representatives shall not in their service contracts or protection product guarantees or literature make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.
(4) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller shall not require the purchase of a service contract or protection product as a condition of a loan or a condition for the sale of any property.
[ 2006 c 274 § 9; 1999 c 112 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.090 - Recordkeeping of service contract provider or protection product guarantee provider—Requirements—Duration—Form.

RCW 48.110.090
Recordkeeping of service contract provider or protection product guarantee provider—Requirements—Duration—Form.
(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 records shall include the following:
(a) Copies of each type of service contract or protection product guarantees offered, issued, or sold;
(b) The name and address of each service contract holder or protection product guarantee holder, to the extent that the name and address have been furnished by the service contract holder or protection product guarantee holder;
(c) A list of the locations where the service contracts or protection products are marketed, sold, or offered for sale; and
(d) Written claim files that contain at least the dates, amounts, and descriptions of claims related to the service contracts or protection products.
(3) Except as provided in subsection (5) of this section, the service contract provider or protection product guarantee provider shall retain all records required to be maintained by subsection (1) of this section for at least six years after the specified coverage has expired.
(4) The records required under this chapter may be, but are not required to be, maintained on a computer disk or other recordkeeping technology. If the records are maintained in other than hard copy, the records shall be capable of duplication to legible hard copy.
(5) A service contract provider or protection product guarantee provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders or protection product guarantee holders in this state.
[ 2006 c 274 § 10; 1999 c 112 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.100 - Termination of reimbursement insurance policy.

RCW 48.110.100
Termination of reimbursement insurance policy.
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 the commissioner. The termination of a reimbursement insurance policy does not reduce the issuer's responsibility for service contracts issued by service contract providers or protection product guarantees issued by protection product guarantee providers prior to the effective date of the termination.
[ 2006 c 274 § 11; 1999 c 112 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.110 - Service contract provider or protection product guarantee provider—Agent of insurer which issued reimbursement insurance policy.

RCW 48.110.110
Service contract provider or protection product guarantee provider—Agent of insurer which issued reimbursement insurance policy.
(1) Service contract providers or protection product guarantee providers are considered to be the agent of the insurer which issued the reimbursement insurance policy for purposes of obligating the insurer to service contract holders or protection product guarantee holders in accordance with the service contract or protection product guarantee holders and this chapter. Payment of the provider fee by the consumer to the service contract seller, service contract provider, or administrator or payment of consideration for the protection product to the protection product seller constitutes payment by the consumer to the service contract provider or protection product guarantee provider and to the insurer which issued the reimbursement insurance policy. In cases where a service contract provider or protection product guarantee provider is acting as an administrator and enlists other service contract providers or protection product guarantee providers, the service contract provider or protection product guarantee provider acting as the administrator shall notify the insurer of the existence and identities of the other service contract providers or protection product guarantee providers.
(2) This chapter does not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a service contract provider or protection product guarantee provider if the issuer pays or is obligated to pay the service contract holder or protection product guarantee holder sums that the service contract provider or protection product guarantee provider was obligated to pay under the provisions of the service contract or protection product guarantee.
[ 2006 c 274 § 12; 1999 c 112 § 12.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.120 - Commissioner may conduct investigations.

RCW 48.110.120
Commissioner may conduct investigations.
(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 holders or protection product guarantee holders in this state. Upon request of the commissioner, the service contract provider or protection product guarantee provider shall make all accounts, books, and records concerning service contracts or protection products offered, issued, or sold by the service contract provider or protection product guarantee provider available to the commissioner which are necessary to enable the commissioner to determine compliance or noncompliance with this chapter.
(2) The commissioner may take actions under RCW 48.02.080 or 48.04.050 which are necessary or appropriate to enforce this chapter and the commissioner's rules and orders, and to protect service contract holders or protection product guarantee holders in this state.
[ 2006 c 274 § 13; 1999 c 112 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.140 - Application of consumer protection act.

RCW 48.110.140
Application of consumer protection act.
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 preservation of business. A violation of this chapter is an unfair or deceptive act or practice in the conduct of trade or commerce and an unfair method of competition, as specifically contemplated by RCW 19.86.020, and is a violation of the consumer protection act, chapter 19.86 RCW. Any service contract holder or protection product guarantee holder injured as a result of a violation of a provision of this chapter shall be entitled to maintain an action pursuant to chapter 19.86 RCW against the service contract provider or protection product guarantee provider and the insurer issuing the applicable service contract or protection product guarantee reimbursement insurance policy and shall be entitled to all of the rights and remedies afforded by that chapter.
[ 2006 c 274 § 15; 1999 c 112 § 15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.900 - Date of application to service contracts.

RCW 48.110.900
Date of application to service contracts.
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.
[ 2006 c 274 § 16; 1999 c 112 § 17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.902 - Application of chapter to motor vehicle manufacturers or import distributors.

RCW 48.110.902
Application of chapter to motor vehicle manufacturers or import distributors.
(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 vehicles manufactured or imported by the motor vehicle manufacturer or import distributor.
(2) RCW 48.110.030(2)(c) does not apply to a publicly traded motor vehicle manufacturer or import distributor.
(3) RCW 48.110.030 (2)(a) through (c), (3), and (4), 48.110.040, and 48.110.073(2) do not apply to wholly owned subsidiaries of motor vehicle manufacturers or import distributors. For purposes of this subsection, a company is considered a wholly owned subsidiary as long as it is ultimately owned, directly or indirectly, one hundred percent by single or multiple motor vehicle manufacturers or import distributors.
(4) The adoption of chapter 274, Laws of 2006 does not imply that a vehicle protection product warranty was insurance prior to October 1, 2006.
(5) For purposes of this section, "motor vehicle service contract" includes a contract or agreement sold for separately stated consideration for a specific duration to perform any of the services set forth in RCW 48.110.020(18)(b).
[ 2019 c 16 § 5; 2016 c 224 § 5; 2006 c 274 § 21.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.110 - Service Contracts and Protection Product Guarantees. › 48.110.904 - Effective date—2006 c 274.

RCW 48.110.904
Effective date—2006 c 274.
This act takes effect October 1, 2006.
[ 2006 c 274 § 24.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.005 - Findings—Purpose.

RCW 48.111.005
Findings—Purpose.
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 safeguard homeowners from the risk that a contract obligor will close or be unable to fulfill their contract obligations. The legislature declares that it is necessary to establish separate standards that will safeguard certain homeowners from possible losses arising from the cessation of business of a home heating fuel company or the mismanagement of funds paid for home heating fuel service contracts. The purpose of this chapter is to create a legal framework within which home heating fuel service contracts may be sold in this state and set forth requirements for conducting a service contract business.
[ 2006 c 36 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.010 - Definitions.

RCW 48.111.010
Definitions.
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 commissioner of this state.
(3) "Consumer" means an individual who buys any tangible personal property that is primarily for personal, family, or household use.
(4) "Home heating fuel service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of a customer-owned home heating fuel supply system including the fuel tank and all visible pipes, caps, lines, and associated parts or the indemnification for repair, replacement, or maintenance for operational or structural failure due to a defect in materials or workmanship, or normal wear and tear.
(5) "Person" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal insurer, syndicate, or any similar entity or combination of entities acting in concert.
(6) "Premium" means the consideration paid to an insurer for a reimbursement insurance policy.
(7) "Provider fee" means the consideration paid by a consumer for a home heating fuel service contract.
(8) "Reimbursement insurance policy" means a policy of insurance that is issued to a service contract provider to provide reimbursement to the service contract provider or to pay on behalf of the service contract provider all contractual obligations incurred by the service contract provider under the terms of the insured service contracts issued or sold by the service contract provider.
(9) "Home heating fuel service contract holder" or "contract holder" means a person who is the purchaser or holder of a home heating fuel service contract.
(10) "Home heating fuel service contract provider" or "contract provider" means a person who is providing home heating fuel delivery services to the customer and is contractually obligated to the home heating fuel service contract holder under the terms of the service contract.
(11) "Home heating fuel service contract seller" means the person who sells the home heating fuel service contract to the consumer.
(12) "Warranty" means a warranty made solely by the manufacturer, importer, or seller of property or services without consideration; that is not negotiated or separated from the sale of the product and is incidental to the sale of the product; and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services.
[ 2006 c 36 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.020 - Registration required—Application—Required information—Grounds for refusal—Annual renewal.

RCW 48.111.020
Registration required—Application—Required information—Grounds for refusal—Annual renewal.
(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 registration as a home heating fuel service contract provider issued by the commissioner.
(2) Applicants to be a home heating fuel service contract provider shall make an application to the commissioner upon a form to be furnished by the commissioner. The application must include or be accompanied by the following information and documents:
(a) All basic organizational documents of the home heating fuel service contract provider, including any articles of incorporation, articles of association, partnership agreement, trade name certificate, trust agreement, shareholder agreement, bylaws, and other applicable documents, and all amendments to those documents;
(b) The identities of the contract provider's executive officer or officers directly responsible for the contract provider's home heating fuel service contract business;
(c) Annual financial statements or other financial reports acceptable to the commissioner for the two most recent years which prove that the applicant is solvent and any information the commissioner may require in order to review the current financial condition of the applicant;
(d) An application fee of one hundred dollars, which must be deposited into the general fund; and
(e) Any other pertinent information required by the commissioner.
(3) The commissioner may refuse to issue a registration if the commissioner determines that the home heating fuel service contract provider, or any individual responsible for the conduct of the affairs of the contract provider under subsection (2)(b) of this section, is not competent, trustworthy, or financially responsible.
(4) A registration issued under this section is valid, unless surrendered, suspended, or revoked by the commissioner, or not renewed for so long as the service contract provider continues in business in this state and remains in compliance with this chapter. A registration is subject to renewal annually on July 1st upon application of the home heating fuel service contract provider and payment of a fee of twenty-five dollars, which must be deposited into the general fund. If not so renewed, the registration expires on June 30th next preceding.
(5) A home heating fuel service contract provider shall keep current the information required to be disclosed in its registration under this section by reporting all material changes or additions within thirty days after the end of the month in which the change or addition occurs.
[ 2007 c 80 § 1; 2006 c 36 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.030 - Filing of reports—Investigations—Confidentiality.

RCW 48.111.030
Filing of reports—Investigations—Confidentiality.
(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 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 contain those matters as the commissioner prescribes and must be verified by at least two officers of the home heating fuel service contract provider.
(2) As part of an investigation by the commissioner, the commissioner may require a home heating fuel service contract provider to file monthly financial reports whenever, in the commissioner's discretion, there is a need to more closely monitor the financial activities of the service contract provider. Monthly financial statements must be filed in the commissioner's office no later than the twenty-fifth day of the month following the month for which the financial report is being filed. These monthly financial reports must be the internal financial statements of the service contract provider. The monthly financial reports that are filed with the commissioner constitute information that might be damaging to the service contract provider if made available to its competitors, and therefore shall be kept confidential by the commissioner. This information may not be made public or be subject to subpoena, other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner.
[ 2006 c 36 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.050 - Reimbursement insurance policies insuring home heating fuel service contracts.

RCW 48.111.050
Reimbursement insurance policies insuring home heating fuel service contracts.
(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 contract provider all sums the contract provider is legally obligated to pay, including but not limited to the refund of the full purchase price of the contract to the contract holder or shall provide the service which the contract provider is legally obligated to perform according to the contract provider's contractual obligations under the home heating fuel service contracts issued or sold by the contract provider.
(2) The reimbursement insurance policy must fully insure the obligations of the contract provider, rather than partially insure, or insure only in the event of contract provider default.
(3) The reimbursement insurance policy must state that the contract holder is entitled to apply directly to the reimbursement insurance company.
[ 2006 c 36 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.053 - Termination of reimbursement insurance policies.

RCW 48.111.053
Termination of reimbursement insurance policies.
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 termination of a reimbursement insurance policy does not reduce the issuer's responsibility for home heating fuel service contracts issued by contract providers prior to the effective date of the termination.
[ 2006 c 36 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.055 - Insurer issuing reimbursement insurance policy—Contract provider is agent.

RCW 48.111.055
Insurer issuing reimbursement insurance policy—Contract provider is agent.
(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 provider fee by the consumer to the home heating fuel service contract seller, contract provider, or administrator constitutes payment by the consumer to the home heating fuel service contract provider and to the insurer that issued the reimbursement insurance policy. In cases when a contract provider is acting as an administrator and enlists other contract providers, the contract provider acting as the administrator shall notify the insurer of the existence and identities of the other contract providers.
(2) This chapter does not prevent or limit the right of an insurer that issued a reimbursement insurance policy to seek indemnification or subrogation against a home heating fuel service contract provider if the issuer pays or is obligated to pay the contract holder sums that the contract provider was obligated to pay under the provisions of the home heating fuel service contract.
[ 2006 c 36 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.070 - Name of contract provider—Use of legal name—False or misleading statements—Restrictions on requirement to purchase service contracts.

RCW 48.111.070
Name of contract provider—Use of legal name—False or misleading statements—Restrictions on requirement to purchase service contracts.
(1) A home heating fuel service contract 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 the name or description of any insurance or surety corporation, or to the name of any other home heating fuel service contract provider. This subsection does not apply to a company that was using any of the prohibited language in its name prior to June 7, 2006. However, a company using the prohibited language in its name shall conspicuously disclose in its home heating fuel service contracts the following statement: "This agreement is not an insurance contract."
(2) Every home heating fuel service contract provider shall conduct its business in its own legal name, unless the commissioner has approved the use of another name.
(3) A home heating fuel service contract provider or its representative shall not in its contracts or literature make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.
(4) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller shall not require the purchase of a home heating fuel service contract as a condition of a loan or a condition for the sale of any property.
[ 2006 c 36 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.080 - Recordkeeping of contract provider—Requirements—Form.

RCW 48.111.080
Recordkeeping of contract provider—Requirements—Form.
(1) The home heating fuel service contract provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(2) The contract provider's accounts, books, and records must include the following:
(a) Copies of each type of home heating fuel service contract sold;
(b) The name and address of each contract holder, to the extent that the name and address have been furnished by the contract holder; and
(c) Written claim files that contain at least the dates, amounts, and descriptions of claims related to the service contracts.
(3) The records required under this chapter may be, but are not required to be, maintained on a computer disk or other recordkeeping technology. If the records are maintained in other than hard copy, the records must be capable of duplication to legible hard copy.
(4) A home heating fuel service contract provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders in this state.
[ 2006 c 36 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.111 - Home Heating Fuel Service Contracts. › 48.111.090 - Commissioner may conduct investigations.

RCW 48.111.090
Commissioner may conduct investigations.
(1) The commissioner may conduct investigations of home heating fuel service contract providers, administrators, home heating fuel service contract sellers, insurers, and other persons to enforce this chapter and protect home heating fuel service contract holders in this state. Upon request of the commissioner, the contract provider shall make all accounts, books, and records concerning home heating fuel service contracts sold by the contract provider available to the commissioner that are necessary to enable the commissioner to determine compliance or noncompliance with this chapter.
(2) The commissioner may take actions under RCW 48.02.080 or 48.04.050 that are necessary or appropriate to enforce this chapter and the commissioner's rules and orders, and to protect home heating fuel service contract holders in this state.
[ 2006 c 36 § 12.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.115 - Rental Car Insurance. › 48.115.001 - Short title.

RCW 48.115.001
Short title.
This chapter may be known and cited as the rental car specialty insurance producer license act.
[ 2008 c 217 § 85; 2002 c 273 § 1.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.115 - Rental Car Insurance. › 48.115.005 - Definitions.

RCW 48.115.005
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Endorsee" means an unlicensed employee or agent of a rental car insurance producer who meets the requirements of this chapter.
(2) "Person" means an individual or a business entity.
(3) "Rental agreement" means any written master, corporate, group, or individual agreement setting forth the terms and conditions governing the use of a rental car rented or leased by a rental car company.
(4) "Rental car" means any motor vehicle that is intended to be rented or leased for a period of thirty consecutive days or less by a driver who is not required to possess a commercial driver's license to operate the motor vehicle and the motor vehicle is either of the following:
(a) A private passenger motor vehicle, including a passenger van, recreational vehicle, minivan, or sports [sport] utility vehicle; or
(b) A cargo vehicle, including a cargo van, pickup truck, or truck with a gross vehicle weight of less than twenty-six thousand pounds.
(5) "Rental car insurance producer" means any rental car company that is licensed to offer, sell, or solicit rental car insurance under this chapter.
(6) "Rental car company" means any person in the business of renting rental cars to the public, including a franchisee.
(7) "Rental car insurance" means insurance offered, sold, or solicited in connection with and incidental to the rental of rental cars, whether at the rental office or by preselection of coverage in master, corporate, group, or individual agreements that: (a) Is nontransferable; (b) applies only to the rental car that is the subject of the rental agreement; and (c) is limited to the following kinds of insurance:
(i) Personal accident insurance for renters and other rental car occupants, for accidental death or dismemberment, and for medical expenses resulting from an accident that occurs with the rental car during the rental period;
(ii) Liability insurance, including uninsured or underinsured motorist coverage, whether offered separately or in combination with other liability insurance, that provides protection to the renters and to other authorized drivers of a rental car for liability arising from the operation of the rental car during the rental period;
(iii) Personal effects insurance that provides coverage to renters and other vehicle occupants for loss of, or damage to, personal effects in the rental car during the rental period; and
(iv) Roadside assistance and emergency sickness protection insurance.
(8) "Renter" means any person who obtains the use of a vehicle from a rental car company under the terms of a rental agreement.
[ 2008 c 217 § 86; 2002 c 273 § 2.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.115 - Rental Car Insurance. › 48.115.010 - License required.

RCW 48.115.010
License required.
(1) A rental car company, or officer, director, employee, or agent of a rental car company, may not offer, sell, or solicit the purchase of rental car insurance unless that person is licensed under chapter 48.17 RCW or is in compliance with this chapter.
(2) The commissioner may issue a license to a rental car company that is in compliance with this chapter authorizing the rental car company to act as a rental car insurance producer under this chapter, in connection with and incidental to rental agreements, on behalf of any insurer authorized to write rental car insurance in this state.
[ 2008 c 217 § 87; 2002 c 273 § 3.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.115 - Rental Car Insurance. › 48.115.015 - Licensing rental car companies as rental car insurance producers.

RCW 48.115.015
Licensing rental car companies as rental car insurance producers.
A rental car company may apply to be licensed as a rental car insurance producer under, and if in compliance with, this chapter by filing the following documents with the commissioner:
(1) A written application for licensure, signed by the applicant or by an officer of the applicant, in the form prescribed by the commissioner that includes a listing of all locations at which the rental car company intends to offer, sell, or solicit rental car insurance; and
(2)(a) A certificate by the insurer that is to be named in the rental car insurance producer license, stating that: (i) The insurer has satisfied itself that the named applicant is trustworthy and competent to act as its rental car insurance producer, limited to this purpose; (ii) the insurer has reviewed the endorsee training and education program required by RCW 48.115.020(4) and believes that it satisfies the statutory requirements; and (iii) the insurer will appoint the applicant to act as its rental car insurance producer to offer, sell, or solicit rental car insurance, if the license for which the applicant is applying is issued by the commissioner.
(b) The certification shall be subscribed by an authorized representative of the insurer on a form prescribed by the commissioner.
[ 2008 c 217 § 88; 2002 c 273 § 4.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.115 - Rental Car Insurance. › 48.115.030 - Rental car insurance producer prohibitions.

RCW 48.115.030
Rental car insurance producer prohibitions.
A rental car insurance producer may not:
(1) Offer, sell, or solicit the purchase of insurance except in conjunction with and incidental to rental car agreements;
(2) Advertise, represent, or otherwise portray itself or any of its employees or agents as licensed insurers or insurance producers;
(3) Pay any person, including a rental car insurance producer endorsee, any compensation, fee, or commission that is dependent primarily on the placement of insurance under the license issued under this chapter;
(4) Make any statement or engage in any conduct, express or implied, that would lead a customer to believe that the:
(a) Insurance policies offered by the rental car insurance producer do not provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowners' insurance policy, or by another source of coverage;
(b) Purchase by the renter of rental car insurance is required in order to rent a rental car from the rental car insurance producer; and
(c) Rental car insurance producer or the rental car insurance producer's endorsees are qualified to evaluate the adequacy of the renter's existing insurance coverages.
[ 2008 c 217 § 91; 2002 c 273 § 7.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.115 - Rental Car Insurance. › 48.115.040 - Treatment of moneys collected from renters purchasing insurance.

RCW 48.115.040
Treatment of moneys collected from renters purchasing insurance.
A rental car insurance producer is not required to treat moneys collected from renters purchasing rental car insurance as funds received in a fiduciary capacity, if:
(1) The charges for rental car insurance coverage are itemized and ancillary to a rental transaction; and
(2) The insurer has consented in writing, signed by an officer of the insurer, that premiums need not be segregated from funds received by the rental car insurance producer.
[ 2008 c 217 § 93; 2002 c 273 § 9.]
NOTES:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.