reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.067 - Determining whether authorization exists—Burden on insurance producer or title insurance agent.

RCW 48.17.067
Determining whether authorization exists—Burden on insurance producer or title insurance agent.
Any insurance producer or title insurance agent soliciting, negotiating, or procuring an application for insurance or health care services in this state must make a good faith effort to determine whether the entity that is issuing the coverage is:
(1) Authorized to transact insurance or health coverage in this state; or
(2) Conducting business through a surplus line broker licensed under chapter 48.15 RCW.
[ 2007 c 117 § 6; 2003 c 250 § 6.]
NOTES:
Severability—2003 c 250: See note following RCW 48.01.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.071 - Portable electronics—Application of chapter to adjusters—Duties of independent adjuster—Commissioner's authority.

RCW 48.17.071
Portable electronics—Application of chapter to adjusters—Duties of independent adjuster—Commissioner's authority.
(1) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, and who enters data is not an "adjuster" for the purpose of this chapter if both of the following are satisfied:
(a) The individual's claim-related activity is limited exclusively to claims originating from policies of insurance issued through a portable electronics insurance program as defined in RCW 48.120.005(6); and
(b) The individual is an employee of, and is supervised by, a person that is licensed as an independent adjuster. For purposes of this section, "employee" includes employees of entities under common ownership with the licensed person.
(2) The person that is licensed as an independent adjuster must maintain complete records of its employees engaged in the activity described in subsection (1) of this section and must comply with either (a) or (b) of this subsection:
(a) The person must submit a list of the names of all such employees to the commissioner on forms prescribed by the commissioner annually and must keep the list current by reporting all changes, deletions, or additions within thirty days after the change, deletion, or addition occurred. Each list must be retained by the licensed independent adjuster for a period of three years from submission; or
(b) The person must maintain a system to track and document in the claim records each employee engaged in the activity described in subsection (1) of this section and, upon request of the commissioner, must identify the employee who has engaged in the activity.
(3) The person licensed as an independent adjuster must provide a training and education program for each employee engaged in the activity described in subsection (1) of this section prior to allowing the employee to engage in the activity. The training must include a section on compliance with applicable insurance laws for which a syllabus outlining the content of this section must be submitted to the commissioner for approval prior to use, and resubmitted for approval of any changes prior to use.
(4) The licensed independent adjuster that supervises the persons engaged in the activity described in subsection (1) of this section is responsible for their conduct. The commissioner may place on probation, revoke, suspend, or refuse to renew the adjuster's license of the independent adjuster, levy a civil penalty in accordance with RCW 48.17.560, or any combination of actions for any of the causes for which an adjuster's license may be revoked under chapter 48.17 RCW for the violation of any insurance laws, or any rule, subpoena, or order of the commissioner by a person engaged in the activity described in subsection (1) of this section who is employed by the licensed adjuster.
[ 2012 c 154 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.125 - Examination questions—Confidentiality—Penalties.

RCW 48.17.125
Examination questions—Confidentiality—Penalties.
It is unlawful for any unauthorized person to remove, reproduce, duplicate, or distribute in any form, any question(s) used by the state of Washington to determine the qualifications and competence of insurance producers or adjusters required by Title 48 RCW to be licensed. This section shall not prohibit an insurance education provider from creating and using sample test questions in courses approved pursuant to RCW 48.17.150.
Any person violating this section shall be subject to penalties as provided by RCW 48.01.080, 48.17.530, and 48.17.560.
[ 2007 c 117 § 9; 1989 c 323 § 1.]
NOTES:
Effective date—1989 c 323: "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, 1989." [ 1989 c 323 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.150 - Continuing education courses and requirements—Rules.

RCW 48.17.150
Continuing education courses and requirements—Rules.
(1) The commissioner shall by rule establish minimum continuing education requirements for the renewal or reissuance of a license to an insurance producer.
(2) The commissioner may by rule establish minimum continuing education requirements for the renewal or reissuance of a license to a crop adjuster, an independent adjuster, and a public adjuster.
(3) The commissioner shall require that continuing education courses will be made available on a statewide basis in order to ensure that persons residing in all geographical areas of this state will have a reasonable opportunity to attend such courses.
(4) The continuing education requirements must be appropriate to the license for the lines of authority specified in RCW 48.17.170 or by rule.
[ 2021 c 22 § 2; 2010 c 67 § 5; 2009 c 162 § 17; 2007 c 117 § 10; 2005 c 223 § 7; 1994 c 131 § 4; 1988 c 248 § 9; 1979 ex.s. c 269 § 7; 1971 ex.s. c 292 § 47; 1967 c 150 § 19; 1961 c 194 § 4; 1947 c 79 § .17.15; Rem. Supp. 1947 § 45.17.15.]
NOTES:
Effective date—2010 c 67: See note following RCW 48.14.010.
Effective date—2009 c 162: See note following RCW 48.03.020.
Effective date, implementation—1979 ex.s. c 269: See note following RCW 48.14.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.153 - Agents selling federal flood insurance policies—Training requirements.

RCW 48.17.153
Agents selling federal flood insurance policies—Training requirements.
(1) All Washington state licensed insurance agents who sell federal flood insurance policies must comply with the minimum training requirements of section 207 of the flood insurance reform act of 2004, and basic flood education as outlined at 70 C.F.R. Sec. 52117, or such later requirements as are published by the federal emergency management agency.
(2) Licensed insurers shall demonstrate to the commissioner, upon request, that their licensed and appointed agents who sell federal flood insurance policies have complied with the minimum federal flood insurance training requirements.
[ 2006 c 25 § 15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.160 - Appointment of agents—Approval—Termination—Fees.

RCW 48.17.160
Appointment of agents—Approval—Termination—Fees.
(1) An insurance producer or title insurance agent shall not act as an agent of an insurer unless the insurance producer or title insurance agent becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
(2) To appoint an insurance producer or title insurance agent as its agent, the appointing insurer shall file, in a format approved by the commissioner, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted, whichever is earlier.
(3) Upon receipt of the notice of appointment, the commissioner shall verify within a reasonable time, not to exceed thirty days, that the insurance producer or title insurance agent is eligible for appointment. If the insurance producer or title insurance agent is determined to be ineligible for appointment, the commissioner shall notify the insurer within ten days of the determination.
(4) An insurer shall pay an appointment fee, in the amount and method of payment set forth in RCW 48.14.010, for each insurance producer or title insurance agent appointed by the insurer.
(5) Contingent upon payment of the appointment renewal fee as set forth in RCW 48.14.010, an appointment shall be effective until terminated by the insurer, insurance producer, or title insurance agent and notice has been given to the commissioner as required by RCW 48.17.595.
[ 2009 c 162 § 18; 2007 c 117 § 11; 1994 c 131 § 5; 1990 1st ex.s. c 3 § 3; 1979 ex.s. c 269 § 2; 1967 c 150 § 20; 1959 c 225 § 6; 1955 c 303 § 13; 1947 c 79 § .17.16; Rem. Supp. 1947 § 45.17.16.]
NOTES:
Effective date—2009 c 162: See note following RCW 48.03.020.
Effective date, implementation—1979 ex.s. c 269: See note following RCW 48.14.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.175 - In-state applicant has license in another state.

RCW 48.17.175
In-state applicant has license in another state.
(1) An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state or if the application is received within ninety days of the cancellation of the applicant's previous license, and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer database records, maintained by the NAIC, its affiliates, or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
(2) A person licensed as an insurance producer in another state who moves to this state shall make application within ninety days of establishing legal residence to become a resident licensee under RCW 48.17.090. No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state except where the commissioner determines otherwise by rule.
[ 2007 c 117 § 14.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.180 - Doing business under any name other than legal name.

RCW 48.17.180
Doing business under any name other than legal name.
An insurance producer or title insurance agent doing business under any name other than the insurance producer's or title insurance agent's legal name is required to register the name in accordance with chapter 19.80 RCW and notify the commissioner before using the assumed name.
[ 2007 c 117 § 15; 1990 1st ex.s. c 3 § 4; 1979 ex.s. c 269 § 4; 1947 c 79 § .17.18; Rem. Supp. 1947 § 45.17.18.]
NOTES:
Effective date, implementation—1979 ex.s. c 269: See note following RCW 48.14.010.
Title insurance agents, separate licenses for individuals not required: RCW 48.29.170.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.270 - Insurance producer as insurer's agent—Compensation—Disclosure.

RCW 48.17.270
Insurance producer as insurer's agent—Compensation—Disclosure.
(1) The sole relationship between an insurance producer and an insurer as to which the insurance producer is appointed as an agent shall, as to transactions arising during the existence of such agency appointment, be that of insurer and agent.
(2) Unless the agency-insurer agreement provides to the contrary, an insurance producer may receive the following compensation:
(a) A commission paid by the insurer;
(b) A fee paid by the insured; or
(c) A combination of commission paid by the insurer and a fee paid by the insured from which an insurance producer may offset or reimburse the insured for all or part of the fee.
(3) If the compensation received by an insurance producer who is dealing directly with the insured includes a fee, for each policy, the insurance producer must disclose in writing to the insured:
(a) The full amount of the fee paid by the insured;
(b) The full amount of any commission paid to the insurance producer by the insurer, if one is received;
(c) An explanation of any offset or reimbursement of fees or commissions as described in subsection (2)(c) of this section;
(d) When the insurance producer may receive additional commission, notice that states the insurance producer:
(i) May receive additional commission in the form of future incentive compensation from the insurer, including contingent commissions and other awards and bonuses based on factors that typically include the total sales volume, growth, profitability, and retention of business placed by the insurance producer with the insurer, and incentive compensation is only paid if the performance criteria established in the agency-insurer agreement is met by the insurance producer or the business entity with which the insurance producer is affiliated; and
(ii) Will furnish to the insured or prospective insured specific information relating to additional commission upon request; and
(e) The full name of the insurer that may pay any commission to the insurance producer.
(4) Written disclosure of compensation as required by subsection (3) of this section shall be provided by the insurance producer to the insured prior to the sale of the policy.
(5) Written disclosure as required by subsection (3) of this section must be signed by the insurance producer and the insured, and the writing must be retained by the insurance producer for five years. For the purposes of this section, written disclosure means the insured's written consent obtained prior to the insured's purchase of insurance. In the case of a purchase over the telephone or by electronic means for which written consent cannot be reasonably obtained, consent documented by the insurance producer shall be acceptable.
[ 2009 c 162 § 22; 2007 c 117 § 17; 1994 c 203 § 1; 1993 c 455 § 1; 1981 c 339 § 13; 1947 c 79 § .17.27; Rem. Supp. 1947 § 45.17.27.]
NOTES:
Effective date—2009 c 162: See note following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.390 - Independent, public, or crop adjusters—Separate licenses.

RCW 48.17.390
Independent, public, or crop adjusters—Separate licenses.
(1)(a) The commissioner may license:
(i) An individual or business entity as an independent adjuster or as a public adjuster;
(ii) An individual as a crop adjuster; and
(b) Separate licenses shall be required for each type of adjuster.
(2) An individual or business entity may be concurrently licensed under separate licenses as an independent adjuster and as a public adjuster.
(3) An individual may be concurrently licensed under separate licenses as an independent adjuster, a public adjuster, or a crop adjuster.
(4) The full license fee shall be paid for each such license.
[ 2010 c 67 § 6; 2007 c 117 § 19; 1981 c 339 § 16; 1947 c 79 § .17.39; Rem. Supp. 1947 § 45.17.39.]
NOTES:
Effective date—2010 c 67: See note following RCW 48.14.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.410 - Authority of adjuster.

RCW 48.17.410
Authority of adjuster.
An adjuster shall have authority under an adjuster's license only to either investigate and negotiate settlement relative to insurance claims, or apply the factual circumstances of an insurance claim to the insurance policy provisions, or both, to the adjuster's principal upon claims as limited under RCW 48.17.010(1) on behalf only of the insurers if licensed as an independent adjuster, or on behalf only of insureds if licensed as a public adjuster. An adjuster licensed concurrently as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction.
[ 2021 c 22 § 3; 2007 c 117 § 20; 1947 c 79 § .17.41; Rem. Supp. 1947 § 45.17.41.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.420 - Appointed agent may adjust—When license or certification is required—Nonresident adjusters or crop adjusters.

RCW 48.17.420
Appointed agent may adjust—When license or certification is required—Nonresident adjusters or crop adjusters.
(1) An insurance producer or title insurance agent may from time to time act as an adjuster on behalf of and as authorized by an insurer for which an insurance producer or title insurance agent has been appointed as an agent and investigate and report upon claims without being required to be licensed as an adjuster. An insurance producer or title insurance agent must not act as a crop adjuster or investigate or report upon claims arising under crop insurance without first obtaining a crop adjuster license or, if a salaried employee of an insurer or of a managing general agent, without first being certified by a crop adjuster proficiency program approved by the risk management agency of the United States department of agriculture.
(2) Except for losses arising under crop insurance, a license by this state is not required of a nonresident independent adjuster, for the adjustment in this state of a single loss, or of losses arising out of a catastrophe common to all such losses from which the governor proclaims a state of emergency, if the nonresident independent adjuster registers with the commissioner as an emergency adjuster and includes:
(a) The nonresident independent adjuster's name;
(b) The nonresident independent adjuster's contact information;
(c) The nonresident independent adjuster's home state and license number;
(d) The single loss or specific proclamation from the governor that details the emergency; and
(e) The insurers the nonresident independent adjuster is representing.
(3) An emergency adjuster:
(a) Must not operate longer than one hundred eighty days, unless extended by the commissioner;
(b) Is subject to all the disciplinary provisions and penalties of this title and Title 284 WAC; and
(c) Is subject to the jurisdiction of the courts of the state of Washington concerning civil liability for all acts in any way related to the emergency adjuster's actions in Washington state.
(4) For losses arising under crop insurance, a license by this state is not required of a nonresident crop adjuster, for the adjustment in this state of a single loss, or of losses arising out of a catastrophe common to all such losses, if the nonresident crop adjuster is:
(a) Licensed as a crop adjuster in another state;
(b) Certified by the risk management agency of the United States department of agriculture; or
(c) A salaried employee of an insurer or of a managing general agent who is certified by a crop adjuster proficiency program approved by the risk management agency of the United States department of agriculture.
[ 2021 c 22 § 4; 2010 c 67 § 7; 2007 c 117 § 21; 1947 c 79 § .17.42; Rem. Supp. 1947 § 45.17.42.]
NOTES:
Effective date—2010 c 67: See note following RCW 48.14.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.430 - Public adjuster's bond.

RCW 48.17.430
Public adjuster's bond.
(1) Prior to the issuance of a license as public adjuster, the applicant therefor shall file with the commissioner and shall thereafter maintain in force while so licensed a surety bond in favor of the people of the state of Washington, executed by an authorized corporate surety approved by the commissioner, in the amount of five thousand dollars. The bond may be continuous in form, and total aggregate liability on the bond may be limited to the payment of five thousand dollars. The bond shall be contingent on the accounting by the adjuster to any insured whose claim he or she is handling, for moneys or any settlement received in connection therewith.
(2) Any such bond shall remain in force until the surety is released from liability by the commissioner, or until canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel a bond upon thirty days advance notice in writing filed with the commissioner.
(3) Such bond shall be required of any adjuster acting as a public adjuster as of the effective date of this code, or thereafter under any unexpired license heretofore issued.
[ 2009 c 549 § 7063; 1977 ex.s. c 182 § 5; 1947 c 79 § .17.43; Rem. Supp. 1947 § 45.17.43.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.450 - Place of business.

RCW 48.17.450
Place of business.
(1) Every licensed insurance producer, title insurance agent, and adjuster, other than an insurance producer licensed for life or disability insurances only, shall have and maintain in this state, or, if a nonresident insurance producer or title insurance agent, in this state or in the state of the licensee's domicile, a place of business accessible to the public. Such place of business shall be that wherein the insurance producer or title insurance agent principally conducts transactions under that person's licenses. A licensee maintaining more than one place of business in this state shall obtain a duplicate license or licenses for each additional such place, and shall pay the full fee therefor.
(2) Any notice, order, or written communication, including any notification of investigation; notification of audit and findings resulting from such audit; or written communication from the commissioner under RCW 48.17.475(2)(c)(ii), from the commissioner to a person licensed under this chapter which directly affects the person's license shall be sent by mail to the person's last address of record with the commissioner.
(3) Every insurance producer, title insurance agent, adjuster, and other person licensed under this chapter shall provide the commissioner with a current email address. The commissioner may send a written communication by email to a licensee's last email address of record with the commissioner if:
(a) The communication is not required to be sent to the person's mailing address pursuant to subsection (2) of this section;
(b) The person has affirmatively consented to receive communications from the commissioner by email; and
(c)(i) The email from the commissioner does not require a response; or
(ii) If a response is required, the requirements under RCW 48.17.475(2)(b) are met prior to the commissioner sending the email.
(4) Email communication sent to an applicant prior to the issuance of a license, and auto-generated system emails regarding a license application or license renewal processes, are excluded from the requirements of subsection (3) of this section.
[ 2023 c 27 § 2; 2007 c 117 § 22; 1990 1st ex.s. c 3 § 5; 1988 c 248 § 11; 1953 c 197 § 6; 1947 c 79 § .17.45; Rem. Supp. 1947 § 45.17.45.]
NOTES:
Effective date—2023 c 27: See note following RCW 48.17.170.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.460 - Display of license.

RCW 48.17.460
Display of license.
The license or licenses of each insurance producer, title insurance agent, or adjuster shall be displayed in a conspicuous place in that part of the place of business which is customarily open to the public.
[ 2007 c 117 § 23; 1947 c 79 § .17.46; Rem. Supp. 1947 § 45.17.46.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.470 - Records of insurance producers, title insurance agents, adjusters.

RCW 48.17.470
Records of insurance producers, title insurance agents, adjusters.
(1) Every insurance producer, title insurance agent, or adjuster shall retain a record of all transactions consummated under the license. This record shall be in organized form and shall include:
(a) If an insurance producer or title insurance agent:
(i) A record of each insurance contract procured or issued, together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance;
(ii) The names of any other licensees from whom business is accepted, and of persons to whom commissions or allowances of any kind are promised or paid.
(b) If an adjuster, a record of each investigation or adjustment undertaken or consummated, and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of such investigation or adjustment.
(c) Such other and additional information as shall be customary, or as may reasonably be required by the commissioner.
(2) All such records as to any particular transaction shall be kept available and open to the inspection of the commissioner at any business time during the five years immediately after the date of the completion of such transaction.
(3) This section shall not apply as to life or disability insurances.
[ 2007 c 117 § 24; 1947 c 79 § .17.47; Rem. Supp. 1947 § 45.17.47.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.475 - Licensee to reply promptly to inquiry by commissioner.

RCW 48.17.475
Licensee to reply promptly to inquiry by commissioner.
(1) Every insurance producer, title insurance agent, adjuster, or other person licensed under this chapter shall timely respond in writing to an inquiry of the commissioner sent to a person's mailing address relative to the business of insurance. A timely response is one that is received by the commissioner within 15 business days from receipt of the inquiry. Failure to make a timely response constitutes a violation of this section and may result in a penalty under either RCW 48.17.530 or 48.17.560, or both.
(2)(a) Every insurance producer, title insurance agent, adjuster, and other person licensed under this chapter shall timely respond in writing to an inquiry of the commissioner sent to a person's email address relative to the business of insurance. A timely response is one that is received by the commissioner within 15 business days from receipt of the inquiry. Failure to make a timely response constitutes a violation of this subsection if the requirements under (c) of this subsection are met.
(b)(i) When an email from the commissioner requires a response, the commissioner shall:
(A) Send no fewer than two separate emails with a subject line stating "Response Required"; and
(B) Prominently display in large font type in the body of each email the following: "FAILURE TO TIMELY RESPOND TO THIS EMAIL IS A VIOLATION OF RCW 48.17.475 AND IS SUBJECT TO PENALTIES UNDER RCW 48.17.530 AND 48.17.560 INCLUDING FINES AND LICENSE REVOCATION. A TIMELY RESPONSE IS ONE RECEIVED BY THE COMMISSIONER WITHIN 15 BUSINESS DAYS OF YOUR RECEIPT OF THIS INQUIRY."
(ii) If the commissioner sends an inquiry by email and is notified that the email is undeliverable, the commissioner shall resend the notice once by mail to the person's last known address on record with the commissioner.
(c) A person is in violation of this subsection only if: (i) The commissioner complies with the requirements under (b) of this subsection; (ii) the commissioner sends a third and final written inquiry by certified mail to the person's last mailing address registered with the commissioner that follows the requirements of (b)(i)(B) of this subsection; and (iii) the commissioner fails to receive a response within 15 business days of the licensee's receipt of the inquiry.
[ 2023 c 27 § 3; 2007 c 117 § 25; 1967 c 150 § 13.]
NOTES:
Effective date—2023 c 27: See note following RCW 48.17.170.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.480 - Reporting and accounting for premiums.

RCW 48.17.480
Reporting and accounting for premiums.
(1) An insurance producer, title insurance agent, or any other representative of an insurer involved in the procuring or issuance of an insurance contract shall report to the insurer the exact amount of consideration charged as premium for such contract, and such amount shall likewise be shown in the contract and in the records of the insurance producer, title insurance agent, or other representative. Each willful violation of this provision is a misdemeanor.
(2) All funds representing premiums or return premiums received by an insurance producer or title insurance agent shall be so received in the insurance producer's or title insurance agent's fiduciary capacity, and shall be promptly accounted for and paid to the insured, insurer, title insurance agent, or insurance producer as entitled thereto.
(3) Any person licensed under this chapter who receives funds which belong to or should be paid to another person as a result of or in connection with an insurance transaction is deemed to have received the funds in a fiduciary capacity. The licensee shall promptly account for and pay the funds to the person entitled to the funds.
(4) Any insurance producer, title insurance agent, adjuster, or other person licensed under this chapter who, not being lawfully entitled thereto, diverts or appropriates funds received in a fiduciary capacity or any portion thereof to his or her own use, is guilty of theft under chapter 9A.56 RCW.
[ 2007 c 117 § 26; 2003 c 53 § 269; 1988 c 248 § 12; 1947 c 79 § .17.48; Rem. Supp. 1947 § 45.17.48.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.490 - Must be licensed to receive a commission, service fee, or other valuable consideration.

RCW 48.17.490
Must be licensed to receive a commission, service fee, or other valuable consideration.
(1) An insurance company, insurance producer, or title insurance agent shall not pay a commission, service fee, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter or chapter 48.15 RCW and is not so licensed.
(2) A person shall not accept a commission, service fee, or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter or chapter 48.15 RCW and is not so licensed.
(3) Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this state if the person was required to be licensed under this chapter or chapter 48.15 RCW at the time of the sale, solicitation, or negotiation, and was so licensed at that time.
(4) An insurer, except a title insurer, or insurance producer may pay or assign commissions, service fees, or other valuable consideration to an insurance agency, or to persons who do not sell, solicit, or negotiate insurance in this state, unless the payment would violate RCW 48.30.140, 48.30.150, 48.30.155, 48.30.157, or 48.30.170.
[ 2007 c 117 § 27; 1988 c 248 § 13; 1947 c 79 § .17.49; Rem. Supp. 1947 § 45.17.49.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.510 - Temporary licenses—Restrictions—Commissioner's discretion.

RCW 48.17.510
Temporary licenses—Restrictions—Commissioner's discretion.
(1) The commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases:
(a) To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the insurance producer or for the recovery or return of the insurance producer to the business, or to provide for the training and licensing of new personnel to operate the insurance producer's business;
(b) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license;
(c) To the designee of a licensed insurance producer entering active service in the armed forces of the United States; or
(d) In any other circumstance where the commissioner deems that the public interest will best be served by the issuance of this license.
(2) The commissioner may, by order, limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed insurance producer or insurer and who assumes responsibility for all acts of the temporary licensee, and may impose other similar requirements designed to protect insureds and the public. The commissioner may, by order, revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representatives dispose of the business.
[ 2007 c 117 § 28; 1982 c 181 § 7; 1955 c 303 § 15; 1953 c 197 § 8; 1947 c 79 § .17.51; Rem. Supp. 1947 § 45.17.51.]
NOTES:
Severability—1982 c 181: See note following RCW 48.03.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.535 - License or certificate suspension—Noncompliance with support order—Reissuance.

RCW 48.17.535
License or certificate suspension—Noncompliance with support order—Reissuance.
The commissioner shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the commissioner's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 § 857.]
NOTES:
*Reviser's note: 1997 c 58 § 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.540 - Procedure to suspend, revoke, or refuse—Effect of conviction of felony.

RCW 48.17.540
Procedure to suspend, revoke, or refuse—Effect of conviction of felony.
(1) The commissioner may revoke or refuse to renew any license issued under this chapter, or any surplus line broker's license, immediately and without hearing, upon sentencing of the licensee for conviction of a felony by final judgment of any court of competent jurisdiction, if the facts giving rise to such conviction demonstrate the licensee to be untrustworthy to maintain any such license.
(2) The commissioner may suspend, revoke, or refuse to renew any such license:
(a) By an order served by mail or personal service upon the licensee not less than fifteen days prior to the effective date thereof, subject to the right of the licensee to have a hearing as provided in RCW 48.04.010; or
(b) By an order on hearing made as provided in chapter 34.05 RCW, the Administrative Procedure Act, effective not less than ten days after the date of the service of the order, subject to the right of the licensee to appeal to the superior court.
(3) The commissioner may temporarily suspend such license by an order served by mail or by personal service upon the licensee not less than three days prior to the effective date thereof, provided the order contains a notice of revocation and includes a finding that the public safety or welfare imperatively requires emergency action. Such suspension shall continue only until proceedings for revocation are concluded. The commissioner also may temporarily suspend such license in cases where proceedings for revocation are pending if he or she finds that the public safety or welfare imperatively requires emergency action.
(4) Service by mail under this section shall mean posting in the United States mail, addressed to the licensee at the most recent address shown in the commissioner's licensing records for the licensee. Service by mail is complete upon deposit in the United States mail.
[ 1990 1st ex.s. c 3 § 6; 1989 c 175 § 113; 1988 c 248 § 14; 1982 c 181 § 8; 1973 1st ex.s. c 107 § 2; 1967 c 150 § 24; 1947 c 79 § .17.54; Rem. Supp. 1947 § 45.17.54.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1982 c 181: See note following RCW 48.03.010.
Severability—1973 1st ex.s. c 107: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 1st ex.s. c 107 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.550 - Duration of suspension.

RCW 48.17.550
Duration of suspension.
Every order suspending any such license shall specify the period during which suspension will be effective, and which period shall in no event exceed twelve months.
[1947 c 79 § .17.55; Rem. Supp. 1947 § 45.17.55.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.560 - Fines may be imposed.

RCW 48.17.560
Fines may be imposed.
After hearing or upon stipulation by the licensee or insurance education provider, and in addition to or in lieu of the suspension, revocation, or refusal to renew any such license or insurance education provider approval, the commissioner may levy a fine upon the licensee or insurance education provider. (1) For each offense the fine shall be an amount not more than one thousand dollars. (2) The order levying such fine shall specify that the fine shall be fully paid not less than fifteen nor more than thirty days from the date of the order. (3) Upon failure to pay any such fine when due, the commissioner shall revoke the licenses of the licensee or the approval(s) of the insurance education provider, if not already revoked. The fine shall be recovered in a civil action brought on behalf of the commissioner by the attorney general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the general fund.
[ 1989 c 323 § 3; 1975 1st ex.s. c 266 § 8; 1967 c 150 § 25; 1947 c 79 § .17.56; Rem. Supp. 1947 § 45.17.56.]
NOTES:
Effective date—1989 c 323: See note following RCW 48.17.125.
Severability—1975 1st ex.s. c 266: See note following RCW 48.01.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.563 - Insurance education providers—Commissioner's approval—Renewal fee.

RCW 48.17.563
Insurance education providers—Commissioner's approval—Renewal fee.
(1) The commissioner may require insurance education providers to furnish specific information regarding their curricula, faculty, methods of monitoring attendance, and other matters reasonably related to providing insurance education under this chapter. The commissioner may grant approvals to such providers who demonstrate the ability to conduct and certify completion of one or more courses satisfying the insurance education requirements of RCW 48.17.150.
(2) Provider and course approvals are valid for the time period established by the commissioner and shall expire if not timely renewed. Each provider shall pay the renewal fee set forth in *RCW 48.14.010(1)(n).
[ 2017 3rd sp.s. c 25 § 15; 1994 c 131 § 6; 1989 c 323 § 7.]
NOTES:
*Reviser's note: The reference to RCW 48.14.010(1)(n) appears to be erroneous. See RCW 48.14.010.
Effective date—1989 c 323: See note following RCW 48.17.125.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.565 - Insurance education providers—Violations—Costs awarded.

RCW 48.17.565
Insurance education providers—Violations—Costs awarded.
If an investigation of any insurance education provider culminates in a finding by the commissioner or by any court of competent jurisdiction, that the insurance education provider has failed to comply with or has violated any statute or regulation pertaining to insurance education, the insurance education provider shall pay the expenses reasonably attributable and allocable to such investigation.
(1) The commissioner shall calculate such expenses and render a bill therefor by registered mail to the insurance education provider. Within thirty days after receipt of such bill, the insurance education provider shall pay the full amount to the commissioner. The commissioner shall transmit such payment to the state treasurer. The state treasurer shall credit the payment to the office of the insurance commissioner regulatory account, treating such payment as recovery of a prior expenditure.
(2) In any action brought under this section, if the commissioner prevails, the court may award to the office of the commissioner all costs of the action, including a reasonable attorneys' fee to be fixed by the court.
[ 2009 c 162 § 24; 2007 c 117 § 30; 1989 c 323 § 4.]
NOTES:
Effective date—2009 c 162: See note following RCW 48.03.020.
Effective date—1989 c 323: See note following RCW 48.17.125.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.568 - Insurance education providers—Bond.

RCW 48.17.568
Insurance education providers—Bond.
In addition to the regulatory requirements imposed pursuant to RCW 48.17.150, the commissioner may require each insurance education provider to post a bond, cash deposit, or irrevocable letter of credit. Every insurance education provider, other than an insurer, health care service contractor, health maintenance organization, or educational institution established by Washington statutes, is subject to the requirement.
(1) The provider shall file with each request for course approval and shall maintain in force while so approved, the bond, cash deposit, or irrevocable letter of credit in favor of the state of Washington, according to criteria which the commissioner shall establish by regulation. The amount of such bond, cash deposit, or irrevocable letter of credit, shall not exceed five thousand dollars for the provider's first approved course and one thousand dollars for each additional approved course.
(2) Proceeds from the bond, cash deposit, or irrevocable letter of credit shall inure to the commissioner for payment of investigation expenses or for payment of any fine ordered per Washington statutes or regulations governing insurance education: PROVIDED, That recoverable investigation expenses or fines shall not be limited to the amount of such required bond, cash deposit, or irrevocable letter of credit.
[ 1989 c 323 § 5.]
NOTES:
Effective date—1989 c 323: See note following RCW 48.17.125.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.597 - Administrative action taken against a licensee in another jurisdiction or governmental agency—Report to commissioner.

RCW 48.17.597
Administrative action taken against a licensee in another jurisdiction or governmental agency—Report to commissioner.
(1) An insurance producer, title insurance agent, or adjuster shall report to the commissioner any administrative action taken against the insurance producer, title insurance agent, or adjuster in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
(2) Within thirty days of the initial pretrial hearing date, an insurance producer, title insurance agent, or adjuster shall report to the commissioner any criminal prosecution of the insurance producer, title insurance agent, or adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
[ 2007 c 117 § 34.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.600 - Separation of premium funds.

RCW 48.17.600
Separation of premium funds.
(1) All funds representing premiums or return premiums received by an insurance producer or title insurance agent in the insurance producer's or title insurance agent's fiduciary capacity shall be accounted for and maintained in a separate account from all other business and personal funds.
(2) An insurance producer or title insurance agent shall not commingle or otherwise combine premiums with any other moneys, except as provided in subsection (3) of this section.
(3) An insurance producer or title insurance agent may commingle with premium funds any additional funds as the insurance producer or title insurance agent may deem prudent for the purpose of advancing premiums, establishing reserves for the paying of return premiums, or for any contingencies as may arise in the insurance producer's or title insurance agent's business of receiving and transmitting premium or return premium funds.
(4) Each willful violation of this section shall constitute a misdemeanor.
[ 2007 c 117 § 33; 1988 c 248 § 15; 1986 c 69 § 1.]
NOTES:
Effective date—1986 c 69: "This act shall take effect on January 1, 1987." [ 1986 c 69 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.901 - Effective date—2007 c 117.

RCW 48.17.901
Effective date—2007 c 117.
This act takes effect July 1, 2009.
[ 2007 c 117 § 40.]