reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.001 - Purpose—Application.

RCW 48.160.001
Purpose—Application.
(1) The purpose of this chapter is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.
(2) This chapter does not apply to:
(a) An insurance policy offered by an insurer under this title; or
(b) A federally regulated financial institution operating under 12 C.F.R. Part 37 of the office of the comptroller of the currency regulations or credit unions operating under 12 C.F.R. 721.3(g) of the national credit union administration regulations, or state regulated banks, credit unions, financial institutions operating pursuant to chapter 63.14 RCW, and consumer loan companies operating pursuant to chapter 31.04 RCW. However, an exempt federal or state chartered bank, credit union, or financial institution may elect to offer a guaranteed asset protection waiver that complies with this section, RCW 48.160.010, and 48.160.030 through 48.160.060.
(3) Guaranteed asset protection waivers are governed under this chapter and are exempt from all other provisions of this title, except RCW 48.02.060 and 48.02.080, chapter 48.04 RCW, and as provided in this chapter.
[ 2009 c 334 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.005 - Guaranteed asset protection waiver account.

RCW 48.160.005
Guaranteed asset protection waiver account.
The guaranteed asset protection waiver account is created in the custody of the state treasurer. The fees and fines collected under this chapter must be deposited into the account. Expenditures from the account may be used to implement, administer, and enforce this chapter. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2009 c 334 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.010 - Definitions.

RCW 48.160.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Administrator" means a person, other than an insurer or creditor that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs.
(2) "Borrower" means a debtor, retail buyer, or lessee, under a finance agreement, or a person who receives a loan or enters into a retail installment contract to purchase or lease a motor vehicle or vessel under chapter 63.14 RCW.
(3) "Creditor" means:
(a) The lender in a loan or credit transaction;
(b) The lessor in a lease transaction;
(c) Any retail seller of motor vehicles that provides credit to retail buyers of motor vehicles provided the seller complies with this chapter;
(d) The seller in commercial retail installment transactions; or
(e) The assignees of any creditor under this subsection to whom the credit obligation is payable.
(4) "Finance agreement" means a loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.
(5) "Free look period" means the period of time from the effective date of the waiver until the date the borrower may cancel the waiver without penalty, fees, or costs to the borrower. This period of time must not be shorter than thirty days.
(6) "Guaranteed asset protection waiver" or "waiver" means a contractual agreement wherein a creditor agrees for a separate charge to cancel or waive all or part of amounts due that creditor on a borrower's finance agreement with that creditor in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement.
(7) "Insurer" means an insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.
(8) "Motor vehicle" means self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, snowmobiles, campers, boats, personal watercraft, and motorcycle, boat, camper, and personal watercraft trailers.
(9) "Motor vehicle dealer" has the same meaning as "vehicle dealer" in RCW 46.70.011.
(10) "Person" includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.
(11) "Retail buyer" means a person who buys or agrees to buy a motor vehicle or obtain motor vehicle services or agrees to have motor vehicle services rendered or furnished from a retail seller.
(12) "Retail seller" means a person engaged in the business of selling motor vehicles or motor vehicle services to retail buyers.
(13) "Unregistered marketers" means persons who offer for sale and sell guaranteed asset protection waivers who are not registered under this chapter and who are not otherwise exempt under this chapter.
[ 2009 c 334 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.020 - Waivers limited to motor vehicle financing—Registration, when required—Application.

RCW 48.160.020
Waivers limited to motor vehicle financing—Registration, when required—Application.
(1) This chapter applies only to guaranteed asset protection waivers for financing of motor vehicles as defined in this chapter. Any person or entity must register with the commissioner before marketing, offering for sale or selling a guaranteed asset protection waiver, and before acting as an obligor for a guaranteed asset protection waiver, in this state. However, a retail seller of motor vehicles that assigns more than eighty-five percent of guaranteed asset protection waiver agreements within thirty days of such agreements' effective date, or an insurer authorized to transact such insurance business in this state, are not required to register pursuant to this section. Failure of any retail seller of motor vehicles to assign one hundred percent of guaranteed asset protection waiver agreements within forty-five days of such agreements' effective date will result in that retail seller being required to comply with the registration requirements of this chapter.
(2) No person may market, offer for sale, or sell a guaranteed asset protection waiver, or act as an obligor on a guaranteed asset protection waiver in this state without a registration as provided in this chapter, except as set forth in subsection (1) of this section.
(3) The application for registration must include the following:
(a) The applicant's name, address, and telephone number;
(b) The identities of the applicant's executive officers or other officers directly responsible for the waiver business;
(c) An application fee of two hundred fifty dollars, which shall be deposited into the guaranteed asset protection waiver account;
(d) A copy filed by the applicant with the commissioner of the waivers the applicant intends to offer in this state;
(e) A list of all unregistered marketers of guaranteed asset protection waivers on which the applicant will be the obligor;
(f) Such additional information as the commissioner may reasonably require.
(4) Once registered, the applicant shall keep the information required for registration current by reporting changes within thirty days after the end of the month in which the change occurs.
[ 2009 c 334 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.040 - Insuring waiver obligations—Contractual liability or other insurance policies.

RCW 48.160.040
Insuring waiver obligations—Contractual liability or other insurance policies.
(1) Contractual liability or other insurance policies insuring waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the waivers issued by the creditor and purchased or held by the borrower. Contractual liability insurance or other insurance policies insuring waivers must not be purchased by the creditor as part of, or a rider to, vendor single-interest or collateral protection coverages as defined in RCW 48.22.110(4).
(2) Coverage under a contractual liability or other insurance policy insuring a waiver must also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.
(3) Coverage under a contractual liability or other insurance policy insuring a waiver must remain in effect unless canceled or terminated in compliance with applicable insurance laws of this state.
(4) The cancellation or termination of a contractual liability or other insurance policy must not reduce the insurer's responsibility for waivers issued by the creditor prior to the date of cancellation or termination and for which a premium has been received by the insurer.
[ 2009 c 334 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.050 - Required disclosures.

RCW 48.160.050
Required disclosures.
Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following:
(1) The name and address of the initial creditor and the borrower at the time of sale, and the identity of any administrator if different from the creditor;
(2) The purchase price and the terms of the waiver, including without limitation, the requirements for protection, conditions, or exclusions associated with the waiver;
(3) That the borrower may cancel the waiver within a free look period as specified in the waiver, and will be entitled to a full refund of the purchase price, so long as no benefits have been provided; or in the event benefits have been provided, the borrower may receive a full or partial refund pursuant to the terms of the waiver;
(4) The procedure the borrower must follow, if any, to obtain waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits;
(5) Whether or not the waiver is cancellable after the free look period and the conditions under which it may be canceled or terminated including the procedures for requesting any refund due;
(6) That in order to receive any refund due in the event of a borrower's cancellation of the waiver agreement or early termination of the finance agreement after the free look period of the waiver, the borrower, in accordance with terms of the waiver, must provide a written request to cancel to the creditor, administrator, or such other party, within ninety days of the occurrence of the event terminating the finance agreement;
(7) The methodology for calculating any refund of the unearned purchase price of the waiver due, in the event of cancellation of the waiver or early termination of the finance agreement;
(8) That any refund of the purchase price for a waiver that was included in the financing of the motor vehicle or vessel may be applied by the creditor as a reduction of the overall amount owed under the finance agreement, rather than applying the refund strictly to the purchase price of the waiver. This disclosure must be conspicuously presented prior to the purchase of the waiver;
(9) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease , may be conditioned upon the purchase of the waiver;
(10) That the guaranteed asset protection waiver is not credit insurance, nor does it eliminate the borrower's obligation to insure the motor vehicle as provided by laws of this state. Purchasing a guaranteed asset protection waiver does not eliminate the borrower's rights and obligations under the vendor single-interest and collateral protection coverage laws of this state.
[ 2009 c 334 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.060 - Cancellations—Refunds—Free look period—Disclosure required.

RCW 48.160.060
Cancellations—Refunds—Free look period—Disclosure required.
(1) Guaranteed asset protection waiver agreements may be cancellable or noncancellable after the free look period. Waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the purchase price, so long as no benefits have been provided; or in the event benefits have been provided, the borrower may receive a full or partial refund pursuant to the terms of the waiver.
(2) In the event of a borrower's cancellation of the waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free look period, the borrower may be entitled to a refund of any unearned portion of the purchase price of the waiver unless the waiver provides otherwise. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator, or other party, within ninety days of the event terminating the finance agreement.
(3) If the cancellation of a waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in subsection (4) of this section.
(4) Any cancellation refund under this section may be applied by the creditor as a reduction of the overall amount owed under the finance agreement, if the cost of the guaranteed asset protection waiver was included in the financing of the motor vehicle or vessel.
(5) Disclosure of how the refund may be applied by the creditor or administrator must be made in accordance with the provisions of RCW 48.160.050(8).
[ 2009 c 334 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.070 - Commissioner's authority to enforce chapter—Rules.

RCW 48.160.070
Commissioner's authority to enforce chapter—Rules.
(1) The commissioner may, subject to chapter 48.04 RCW, take action that is necessary or appropriate to enforce this chapter and to protect guaranteed asset protection waiver holders in this state, which includes:
(a) Suspending, revoking, or refusing to issue the registration of a person or entity if the registrant fails to comply with any provision of this chapter or fails to comply with any proper order or rule of the commissioner; and
(b) After hearing or with the consent of the registrant, and in addition to or in lieu of the suspension, revocation, or refusal to issue any registration, imposing a penalty of not more than two thousand dollars for each violation of this chapter.
(2) The commissioner may adopt rules to implement this chapter.
[ 2009 c 334 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.080 - Failure to register when required—Criminal and civil penalties—Personal liability.

RCW 48.160.080
Failure to register when required—Criminal and civil penalties—Personal liability.
(1) Any person who markets, offers for sale or sells a guaranteed asset protection waiver, or acts as an obligor for a guaranteed asset protection waiver without a registration, unless otherwise exempt from registration or exempt from this chapter, is acting in violation of this section and is subject to the provisions of RCW 48.160.070. In addition, any person who knowingly violates this section is guilty of a class B felony punishable under chapter 9A.20 RCW.
(2) Any criminal penalty imposed under this section is in addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.
(3) If the commissioner has cause to believe that any person has violated this section, the commissioner may assess a civil penalty of not more than twenty-five thousand dollars for each violation, after providing notice and an opportunity for a hearing in accordance with chapter 48.04 RCW. Upon failure to pay this civil penalty when due, the attorney general may bring a civil action on behalf of the commissioner to recover the unpaid penalty.
(4) A person or entity that should have been registered at the time of the sale of a waiver who was not so registered pursuant to this chapter is personally liable for performance of the waiver. Any waiver sold by a person or entity that should have been registered at the time of the sale is voidable, except at the instance of the person or entity who sold the waiver.
[ 2009 c 334 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.160 - Guaranteed Asset Protection Waivers. › 48.160.900 - Date of application—2009 c 334.

RCW 48.160.900
Date of application—2009 c 334.
Chapter 334, Laws of 2009 is applicable to all guaranteed asset protection waiver agreements entered into on or after January 1, 2010.
[ 2009 c 334 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.165 - Uniform Administrative Procedures—Health Care Services. › 48.165.005 - Findings—Intent.

RCW 48.165.005
Findings—Intent.
The legislature finds that:
(1) The health care system in the nation and in Washington state costs nearly twice as much per capita as other industrialized nations.
(2) The fragmentation and variation in administrative processes prevalent in our health care system contribute to the high cost of health care, putting it increasingly beyond the reach of small businesses and individuals in Washington.
(3) In 2006, the legislature's blue ribbon commission on health care costs and access requested the office of the insurance commissioner to conduct a study of administrative costs and recommendations to reduce those costs. Findings in the report included:
(a) In Washington state approximately thirty cents of every dollar received by hospitals and doctors' offices is consumed by the administrative expenses of public and private payors and the providers;
(b) Before the doctors and hospitals receive the funds for delivering the care, approximately fourteen percent of the insurance premium has already been consumed by payor administration. The payor's portion of expense totals approximately four hundred fifty dollars per insurance member per year in Washington state;
(c) Over thirteen percent of every dollar received by a physician's office is devoted to interactions between the provider and payor;
(d) Between 1997 and 2005, billing and insurance related costs for hospitals in Washington grew at an average pace of nineteen percent per year; and
(e) The greatest opportunity for improved efficiency and administrative cost reduction in our health care system would involve standardizing and streamlining activities between providers and payors.
(4) To address these inefficiencies, constrain health care inflation, and make health care more affordable for Washingtonians, the legislature seeks to establish streamlined and uniform procedures for payors and providers of health care services in the state. It is the intent of the legislature to foster a continuous quality improvement cycle to simplify health care administration. This process should involve leadership in the health care industry and health care purchasers, with regulatory oversight from the office of the insurance commissioner.
[ 2009 c 298 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.165 - Uniform Administrative Procedures—Health Care Services. › 48.165.010 - Definitions.

RCW 48.165.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commissioner" means the insurance commissioner as established under chapter 48.02 RCW.
(2) "Health care provider" or "provider" has the same meaning as in RCW 48.43.005 and, for the purposes of chapter 298, Laws of 2009, shall include facilities licensed under chapter 70.41 RCW.
(3) "Lead organization" means a private sector organization or organizations designated by the commissioner to lead development of processes, guidelines, and standards to streamline health care administration and to be adopted by payors and providers of health care services operating in the state.
(4) "Medical management" means administrative activities established by the payor to manage the utilization of services through preservice or postservice reviews. "Medical management" includes, but is not limited to:
(a) Prior authorization or preauthorization of services;
(b) Precertification of services;
(c) Postservice review;
(d) Medical necessity review; and
(e) Benefits advisory.
(5) "Payor" means public purchasers, as defined in this section, carriers licensed under chapters 48.20, 48.21, 48.44, 48.46, and 48.62 RCW, and the Washington state health insurance pool established in chapter 48.41 RCW.
(6) "Public purchaser" means the department of social and health services, the department of labor and industries, and the health care authority.
(7) "Secretary" means the secretary of the department of health.
(8) "Third-party payor" has the same meaning as in RCW 70.02.010.
[ 2009 c 298 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.165 - Uniform Administrative Procedures—Health Care Services. › 48.165.035 - Lead organization tasks—Uniform electronic process.

RCW 48.165.035
Lead organization tasks—Uniform electronic process.
By December 31, 2010, the lead organization shall:
(1) Develop a uniform electronic process for collecting and transmitting the necessary provider-supplied data to support credentialing, admitting privileges, and other related processes that:
(a) Reduces the administrative burden on providers;
(b) Improves the quality and timeliness of information for hospitals and payors;
(c) Is interoperable with other relevant systems;
(d) Enables use of the data by authorized participants for other related applications; and
(e) Serves as the sole source of credentialing information required by hospitals and payors from providers for data elements included in the electronic process, except this shall not prohibit:
(i) A hospital, payor, or other credentialing entity subject to the requirements of this section from seeking clarification of information obtained through use of the uniform electronic process, if such clarification is reasonably necessary to complete the credentialing process; or
(ii) A hospital, payor, other credentialing entity, or a university from using information not provided by the uniform process for the purpose of credentialing, admitting privileges, or faculty appointment of providers, including peer review and coordinated quality improvement information, that is obtained from sources other than the provider;
(2) Promote widespread adoption of such process by payors and hospitals, their delegates, and subcontractors in the state that credential health professionals and by such health professionals as soon as possible thereafter; and
(3) Work with the secretary to assure that data used in the uniform electronic process can be electronically exchanged with the department of health professional licensing process under chapter 18.122 RCW.
[ 2009 c 298 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.165 - Uniform Administrative Procedures—Health Care Services. › 48.165.040 - Lead organization tasks—Uniform standard companion document and data set.

RCW 48.165.040
Lead organization tasks—Uniform standard companion document and data set.
The lead organization shall:
(1) Establish a uniform standard companion document and data set for electronic eligibility and coverage verification. Such a companion guide will:
(a) Be based on nationally accepted ANSI X12 270/271 standards for eligibility inquiry and response and, wherever possible, be consistent with the standards adopted by nationally recognized organizations, such as the centers for medicare and medicaid services;
(b) Enable providers and payors to exchange eligibility requests and responses on a system-to-system basis or using a payor supported web browser;
(c) Provide reasonably detailed information on a consumer's eligibility for health care coverage, scope of benefits, limitations and exclusions provided under that coverage, cost-sharing requirements for specific services at the specific time of the inquiry, current deductible amounts, accumulated or limited benefits, out-of-pocket maximums, any maximum policy amounts, and other information required for the provider to collect the patient's portion of the bill; and
(d) Reflect the necessary limitations imposed on payors by the originator of the eligibility and benefits information;
(2) Recommend a standard or common process to the commissioner to protect providers and hospitals from the costs of, and payors from claims for, services to patients who are ineligible for insurance coverage in circumstances where a payor provides eligibility verification based on best information available to the payor at the date of the request; and
(3) Complete, disseminate, and promote widespread adoption by payors of such document and data set by December 31, 2010.
[ 2009 c 298 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.165 - Uniform Administrative Procedures—Health Care Services. › 48.165.045 - Lead organization tasks—Implementation guidelines—Code development and standardization—Denial review process.

RCW 48.165.045
Lead organization tasks—Implementation guidelines—Code development and standardization—Denial review process.
(1) By December 31, 2010, the lead organization shall develop implementation guidelines and promote widespread adoption of such guidelines for:
(a) The use of the national correct coding initiative code edit policy by payors and providers in the state;
(b) Publishing any variations from component codes, mutually exclusive codes, and status b codes by payors in a manner that makes for simple retrieval and implementation by providers;
(c) Use of health insurance portability and accountability act standard group codes, reason codes, and remark codes by payors in electronic remittances sent to providers;
(d) The processing of corrections to claims by providers and payors; and
(e) A standard payor denial review process for providers when they request a reconsideration of a denial of a claim that results from differences in clinical edits where no single, common standards body or process exists and multiple conflicting sources are in use by payors and providers.
(2) By October 31, 2010, the lead organization shall develop a proposed set of goals and work plan for additional code standardization efforts for 2011 and 2012.
(3) Nothing in this section or in the guidelines developed by the lead organization shall inhibit an individual payor's ability to employ, and not disclose to providers, temporary code edits for the purpose of detecting and deterring fraudulent billing activities. Though such temporary code edits are not required to be disclosed to providers, the guidelines shall require that:
(a) Each payor disclose to the provider its adjudication decision on a claim that was denied or adjusted based on the application of such an edit; and
(b) The provider have access to the payor's review and appeal process to challenge the payor's adjudication decision, provided that nothing in this subsection (3)(b) shall be construed to modify the rights or obligations of payors or providers with respect to procedures relating to the investigation, reporting, appeal, or prosecution under applicable law of potentially fraudulent billing activities.
[ 2009 c 298 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.165 - Uniform Administrative Procedures—Health Care Services. › 48.165.050 - Lead organization tasks—Develop and promote uniform practices—Medical management protocols.

RCW 48.165.050
Lead organization tasks—Develop and promote uniform practices—Medical management protocols.
(1) By December 31, 2010, the lead organization shall:
(a) Develop and promote widespread adoption by payors and providers of guidelines to:
(i) Ensure payors do not automatically deny claims for services when extenuating circumstances make it impossible for the provider to: (A) Obtain a preauthorization before services are performed; or (B) notify a payor within twenty-four hours of a patient's admission; and
(ii) Require payors to use common and consistent time frames when responding to provider requests for medical management approvals. Whenever possible, such time frames shall be consistent with those established by leading national organizations and be based upon the acuity of the patient's need for care or treatment;
(b) Develop, maintain, and promote widespread adoption of a single common website where providers can obtain payors' preauthorization, benefits advisory, and preadmission requirements;
(c) Establish guidelines for payors to develop and maintain a website that providers can employ to:
(i) Request a preauthorization, including a prospective clinical necessity review;
(ii) Receive an authorization number; and
(iii) Transmit an admission notification.
(2) By October 31, 2010, the lead organization shall propose to the commissioner a set of goals and work plan for the development of medical management protocols, including whether to develop evidence-based medical management practices addressing specific clinical conditions and make its recommendation to the commissioner, who shall report the lead organization's findings and recommendations to the legislature.
[ 2009 c 298 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.170 - Self-Service Storage Insurance Producers. › 48.170.005 - Definitions.

RCW 48.170.005
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commissioner" means the insurance commissioner of this state.
(2) "Occupant" means a person, or his or her sublessee, successor, or assign, who is entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(3) "Owner" means the owner, operator, property management company, lessor, or sublessor of a self-service storage facility. "Owner" does not mean an occupant.
(4) "Personal property" means movable property not affixed to land, and includes, but is not limited to, goods, merchandise, furniture, and household items.
(5) "Self-service storage facility" or "facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence.
(6) "Self-service storage insurance" is insurance that in connection with and incidental to the rental of space at a facility provides coverage to occupants at the facility for the loss of or damage to stored personal property that occurs at that facility.
(7) "Self-service storage insurance producer" means any owner of a facility that is licensed as a specialty lines insurance producer under chapter 48.17 RCW to offer, sell, or solicit self-service storage insurance under this chapter.
[ 2009 c 119 § 1.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.170 - Self-Service Storage Insurance Producers. › 48.170.010 - License required.

RCW 48.170.010
License required.
(1) An owner; or officer, director, or employee of an owner; may not offer, sell, or solicit the purchase of self-service storage insurance unless that person is:
(a) Licensed as an insurance producer with a property line of authority under chapter 48.17 RCW; or
(b) Licensed as a self-service storage insurance producer under chapter 48.17 RCW and is in compliance with this chapter.
(2) If the owner is licensed as a self-service storage insurance producer under chapter 48.17 RCW and is in compliance with this chapter, then an employee of the owner who is in compliance with RCW 48.170.070(1) is not required to be individually licensed.
(3) The commissioner may issue a specialty line insurance producer license to an owner that is in compliance with this chapter authorizing the owner to act as a self-service storage insurance producer under this chapter, in connection with and incidental to rental agreements, on behalf of any insurer authorized to write self-service storage insurance in this state.
[ 2009 c 119 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.170 - Self-Service Storage Insurance Producers. › 48.170.020 - Application for a license—Requirements.

RCW 48.170.020
Application for a license—Requirements.
An owner may apply to be licensed as a self-service storage 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 owner intends to offer, sell, or solicit self-service storage insurance; and
(2)(a) A certificate by the insurer that is to be named in self-service storage insurance producer license, stating that the insurer:
(i) Has satisfied itself that the named applicant is trustworthy and competent to act as its self-service storage insurance producer, limited to this purpose;
(ii) Has reviewed the employee training and education program required by RCW 48.170.070(1)(c) and that it satisfies the statutory requirements; and
(iii) Will appoint the applicant to act as its self-service storage insurance producer to offer, sell, or solicit self-service storage 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.
[ 2009 c 119 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.170 - Self-Service Storage Insurance Producers. › 48.170.030 - Licensee exempt from continuing education requirements.

RCW 48.170.030
Licensee exempt from continuing education requirements.
An owner issued a self-service storage insurance producer license under this chapter is not subject to the prelicensure or continuing education requirements in chapter 48.17 RCW.
[ 2009 c 119 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.170 - Self-Service Storage Insurance Producers. › 48.170.040 - Authority conveyed by license.

RCW 48.170.040
Authority conveyed by license.
(1) A self-service storage insurance producer license authorizes a self-service storage insurance producer and its employees to offer and sell to, enroll in, and bill and collect premiums from occupants for insurance covering the loss of or damage to personal property stored at a facility on a master, corporate, group, or individual policy basis.
(2) A self-service storage insurance producer is not required to treat moneys collected from occupants purchasing insurance under this chapter as funds received in a fiduciary capacity, if:
(a) The insurer represented by the self-service storage insurance producer has consented in writing, signed by an officer of the insurer, that the premiums need not be segregated from funds received by the self-service storage insurance producer; and
(b) The charges for insurance coverage are itemized and ancillary to the rental agreement.
(3) An owner is not required to be licensed pursuant to this section merely to display and make available to prospective occupants brochures and other promotional materials created by or on behalf of an authorized insurer, provided that either the owner or its employees, or both, are not paid a commission or other consideration.
[ 2009 c 119 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.170 - Self-Service Storage Insurance Producers. › 48.170.050 - Preconditions to soliciting insurance.

RCW 48.170.050
Preconditions to soliciting insurance.
A self-service storage insurance producer may not solicit insurance under RCW 48.170.010 unless:
(1) At every location where occupants are enrolled in self-service storage insurance programs, written disclosure material regarding the program is made available to prospective occupants; and
(2) All employees who offer and sell to, enroll in, and bill and collect premiums from occupants for insurance have completed a training program for employees of the licensed self-service storage insurance producer as approved by the commissioner.
[ 2009 c 119 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.170 - Self-Service Storage Insurance Producers. › 48.170.060 - Required written disclosure material—Contents.

RCW 48.170.060
Required written disclosure material—Contents.
The written disclosure material required in RCW 48.170.050(1) must:
(1) Summarize the material terms of insurance coverage offered to occupants, including the name, address, telephone number of the insurer, price, benefits, exclusions, and conditions;
(2) Prominently and conspicuously disclose that the policies offered by the self-service storage insurance producer may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy, vehicle insurance policy, watercraft insurance policy, or other source of property insurance coverage;
(3) State that if self-service storage insurance is required as a condition of rental, the requirement may be satisfied by the occupant purchasing the insurance being offered to the occupant by the owner or by presenting evidence of other applicable insurance coverage;
(4) Describe the process for filing a claim;
(5) State in writing all costs related to the insurance; and
(6) Disclose any other information required by rule by the commissioner.
[ 2009 c 119 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.180 - Nonprofit Corporations—Joint Self-Insurance Programs. › 48.180.005 - Intent—Liberal construction.

RCW 48.180.005
Intent—Liberal construction.
This chapter is intended to provide authority for two or more nonprofit corporations to participate in a joint self-insurance program covering property or liability risks. This chapter provides nonprofit corporations with the authority to jointly self-insure property and liability risks, jointly purchase insurance or reinsurance, and contract for risk management, claims, and administrative services with other nonprofit corporations. This chapter must be liberally construed to grant nonprofit corporations maximum flexibility in jointly self-insuring to the extent the self-insurance programs are operated in a safe and sound manner. This chapter is intended to require prior approval for the establishment of every joint self-insurance program. In addition, this chapter is intended to require every joint self-insurance program for nonprofit corporations established under this chapter to notify the state of the existence of the program and to comply with the regulatory and statutory standards governing the management and operation of the programs as provided in this chapter. This chapter is not intended to authorize or regulate self-insurance of unemployment compensation under chapter 50.44 RCW or industrial insurance under chapter 51.14 RCW.
[ 2015 c 109 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.180 - Nonprofit Corporations—Joint Self-Insurance Programs. › 48.180.010 - Definitions.

RCW 48.180.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Nonprofit corporation" or "corporation" has the same meaning as defined in RCW 24.03A.010.
(2) "Property and liability risks" includes the risk of property damage or loss sustained by a nonprofit corporation and the risk of claims arising from the tortious or negligent conduct or any error or omission of the entity, its officers, employees, agents, or volunteers as a result of a claim that may be made against the entity.
(3) "Self-insurance" means a formal program of advance funding and management of entity financial exposure to a risk of loss that is not transferred through the purchase of an insurance policy or contract.
(4) "State risk manager" means the risk manager of the office of risk management within the department of enterprise services.
[ 2021 c 176 § 5230; 2015 c 109 § 6.]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.180 - Nonprofit Corporations—Joint Self-Insurance Programs. › 48.180.020 - When chapter does not apply.

RCW 48.180.020
When chapter does not apply.
This chapter does not apply to a nonprofit corporation that:
(1) Individually self-insures for property and liability risks;
(2) Participates in a risk pooling arrangement, including a risk retention group or a risk purchasing group, regulated under chapter 48.92 RCW, or is a captive insurer authorized in its state of domicile;
(3) Comprises only units of local government or is a group that comprises local governments joined by an interlocal agreement authorized by chapter 39.34 RCW; or
(4) Is a hospital licensed under chapter 70.41 RCW, or an entity owned, operated, controlled by, or affiliated with such a hospital that participates in a self-insurance risk pool or other risk pooling arrangement.
[ 2015 c 109 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.180 - Nonprofit Corporations—Joint Self-Insurance Programs. › 48.180.025 - Rules by state risk manager—Requirements.

RCW 48.180.025
Rules by state risk manager—Requirements.
The state risk manager shall adopt rules governing the management and operation of joint self-insurance programs for nonprofit corporations that cover property or liability risks. All rules must be appropriate for the type of program and class of risk covered. The state risk manager's rules must include:
(1) Standards for the management, operation, and solvency of joint self-insurance programs, including the necessity and frequency of actuarial analyses and claims audits;
(2) Standards for claims management procedures;
(3) Standards for contracts between joint self-insurance programs and private businesses, including standards for contracts between third-party administrators and programs; and
(4) Standards requiring pool verification of each member's nonprofit status in their state of domicile.
[ 2015 c 109 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.180 - Nonprofit Corporations—Joint Self-Insurance Programs. › 48.180.030 - Program approval required from state risk manager—Management and operations plan—Contents of plan.

RCW 48.180.030
Program approval required from state risk manager—Management and operations plan—Contents of plan.
Before the establishment of a joint self-insurance program covering property or liability risks by nonprofit corporations, the entities must obtain the approval of the state risk manager. The entities proposing the creation of a joint self-insurance program requiring prior approval shall submit a plan of management and operation to the state risk manager that provides at least the following information:
(1) The risk or risks to be covered, including any coverage definitions, terms, conditions, and limitations;
(2) The amount and method of funding the covered risks, including the initial capital and proposed rates and projected premiums;
(3) The proposed claim reserving practices;
(4) The proposed purchase and maintenance of insurance or reinsurance in excess of the amounts retained by the joint self-insurance program;
(5) The legal form of the program including, but not limited to, any articles of incorporation, bylaws, charter, or trust agreement or other agreement among the participating entities;
(6) The agreements with participants in the program defining the responsibilities and benefits of each participant and management;
(7) The proposed accounting, depositing, and investment practices of the program;
(8) The proposed time when actuarial analysis will be first conducted and the frequency of future actuarial analysis;
(9) A designation of the individual to whom service of process must be forwarded by the state risk manager on behalf of the program;
(10) All contracts between the program and private persons providing risk management, claims, or other administrative services;
(11) A professional analysis of the feasibility of the creation and maintenance of the program;
(12) A legal analysis or an internal revenue service opinion on the federal income tax exposure or liability of the program; and
(13) Any other information required by rule of the state risk manager that is necessary to determine the probable financial and management success of the program or that is necessary to determine compliance with this chapter.
[ 2015 c 109 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.180 - Nonprofit Corporations—Joint Self-Insurance Programs. › 48.180.035 - Participation by nonprofit corporations from other states—Requirements.

RCW 48.180.035
Participation by nonprofit corporations from other states—Requirements.
A nonprofit corporation may participate in a joint self-insurance program covering property or liability risks with similar nonprofit corporations from other states if the program satisfies the following requirements:
(1) An ownership interest in the program is limited to some or all of the nonprofit corporations of this state and nonprofit corporations of other states that are provided insurance by the program;
(2) The nonprofit corporations of this state and other states shall elect a board of directors to manage the program, all of whom must be affiliated with one or more of the participating nonprofit corporations;
(3) The program must provide coverage through the delivery to each participating nonprofit corporation of one or more written policies affecting insurance of covered risks;
(4) The program must be financed, including the payment of premiums and the contribution of initial capital, in accordance with the plan of management and operation submitted to the state risk manager in accordance with this chapter;
(5) The financial statements of the program must be audited by a certified public accountant, and these audited financial statements must be delivered to the state risk manager not more than one hundred twenty days after the end of each fiscal year of the program;
(6) The investments of the program must be initiated only with financial institutions or broker-dealers, or both, doing business in those states in which participating nonprofit corporations are located, and these investments must be audited annually by the certified public accountants for the program;
(7) The treasurer of a multistate joint self-insurance program must be designated by resolution of the program and the treasurer must be located in the state of one of the participating entities; and
(8) The program must obtain approval from the state risk manager in accordance with this chapter and must remain in compliance with this chapter, unless exempt from application for reapproval, as granted under RCW 48.180.015.
[ 2015 c 109 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.180 - Nonprofit Corporations—Joint Self-Insurance Programs. › 48.180.045 - Treasurer may be designated by resolution—Bond—Program's interest and earnings.

RCW 48.180.045
Treasurer may be designated by resolution—Bond—Program's interest and earnings.
(1) A joint self-insurance program may by resolution of the program designate a person having experience with investments or financial matters as treasurer of the program. The program must require a bond obtained from a surety company in an amount and under the terms and conditions that the program finds will protect against loss arising from mismanagement or malfeasance in investing and managing program funds. The program may pay the premium on the bond.
(2) All interest and earnings collected on joint self-insurance program funds belong to the program and must be deposited to the program's credit in the proper program account.
[ 2015 c 109 § 13.]