reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-010 - Purpose and scope of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this chapter is to adopt
			 processes and procedures for insurers and filers to use when they submit
			 property and casualty insurance forms to the commissioner under
			 chapter
			 48.18 RCW.
(2) This chapter applies to insurers,
			 advisory organizations and rating organizations that file property and casualty
			 insurance forms under
			 RCW
			  48.18.100 and
			 48.18.103.
(3) This chapter is effective on February 1,
			 2009. All form filings received on or after February 1, 2009, must comply with
			 this chapter.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-010, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-020 - Filing instructions that are incorporated into this chapter

Current through Register Vol. 24-14, July 15, 2024
SERFF is a dynamic application that the NAIC will revise and
				enhance over time. To be consistent with NAIC filing standards and provide
				timely instructions to filers, the commissioner must incorporate documents
				posted on the SERFF web site into this chapter. By reference, the commissioner
				incorporates these documents into this chapter:
(1) The
SERFF Industry
			 Manual
posted on the SERFF web site (
www.serff.com
); and
(2) The
Washington State SERFF
			 Property and Casualty Form Filing General Instructions
posted on the
			 commissioner's web site (
www.insurance.wa.gov
).
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-020, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-030 - General form filings rules

Current through Register Vol. 24-14, July 15, 2024
Filers must submit complete filings that comply with the
SERFF Industry Manual
posted on the SERFF web site (
www.serff.com
)
				and
Washington State SERFF Property and Casualty Form Filing General
				Instructions
posted on the commissioner's web site
				(www.insurance.wa.gov). All form filings must comply with these rules:
(1) Insurers must file property and casualty
			 insurance forms under
			 RCW
			  48.18.100(1) or
			 48.18.103(3).
			 Filers may not use the certification process described in
			 RCW
			  48.18.100(2) to file
			 property and casualty insurance forms.
(2) Filers must submit all insurance forms
			 and related documents to the commissioner electronically using SERFF.
(a) Every form filed in SERFF must be
			 attached to the form schedule.
(b)
			 All written correspondence related to a form filing must be sent in
			 SERFF.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-040 - The commissioner may reject filings

Current through Register Vol. 24-14, July 15, 2024
(1) The commissioner may reject and close any
			 filing that does not comply with WAC
			 284-20B-030. If the commissioner
			 rejects a filing, the insurer has not filed forms with the
			 commissioner.
(2) If the
			 commissioner rejects a filing and the filer resubmits it as a new filing, the
			 date filed will be the date the commissioner receives and accepts the new
			 filing.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-040, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-050 - Rules for rejected filings made under RCW 48.18.103

Current through Register Vol. 24-14, July 15, 2024
RCW  48.18.103(3)
				 says an insurer must file forms within thirty days after the insurer issues
				them. If the commissioner rejects a filing under WAC
				284-20B-040, the insurer has not
				filed forms with the commissioner. If the commissioner rejects a filing
				submitted under
				RCW
				 48.18.103, the:
(1) Filer must promptly send a new filing to
			 the commissioner within the original thirty-day use and file period in
			 RCW
			  48.18.103(3); or
(2) Insurer must stop issuing policies using
			 forms sent with the rejected filing and amend policies using approved
			 forms.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-050, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-060 - Filing authorization rules

Current through Register Vol. 24-14, July 15, 2024
An insurer may authorize a rating organization or a third-party
				filer to file forms on its behalf. For the purposes of this section, a
				"third-party filer" means a person or entity in the business of providing
				insurance regulatory compliance services.
(1) If an insurer delegates filing authority
			 to a third-party filer, each filing must include a letter as supporting
			 documentation signed by an officer of the insurer authorizing the third-party
			 filer to make filings on behalf of the insurer.
(2) The insurer may not delegate
			 responsibility for the content of a filing to a third-party filer. The
			 commissioner considers errors and omissions made by the third-party filer to be
			 errors and omissions of the insurer.
(3) If third-party filer has a pattern of
			 making filings that do not comply with this chapter, the commissioner may
			 reject a delegation of filing authority from the insurer.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-060, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-070 - Rating organization "bureau" rules

Current through Register Vol. 24-14, July 15, 2024
Under
				RCW
				 48.19.050, an insurer may authorize a bureau
				to file forms on its behalf. This section applies to members or subscribers
				that have granted filing authority to a bureau. Bureau members or subscribers
				must follow instructions provided by the bureau when they implement, delay or
				nonadopt a bureau form filing that has been approved by the commissioner. The
				insurer must make a filing with the commissioner if it delays the effective
				date, nonadopts or changes the bureau filing in any way. The filing
				must:
(1) Include a statement of
			 changes proposed by the insurer;
(2) Provide the filing number used by the
			 bureau when it filed the forms; and
(3) Be received by the commissioner in a
			 timely manner.
(4) For purposes of
			 this section, "timely" means:
(a) Before the
			 bureau effective date if the filing is made under
			 RCW
			  48.18.100; or
(b) Thirty days after the bureau effective
			 date if the filing is made under
			 RCW
			  48.18.103.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-080 - Use of rating organization "bureau" forms - No filing authorization

Current through Register Vol. 24-14, July 15, 2024
If a member or subscribing insurer has not authorized a bureau
				to file forms on its behalf, the insurer must make a filing with the
				commissioner to use bureau forms.
(1)
			 If the forms are identical to the bureau forms, the filing must include this
			 information:
(a) A statement by the insurer
			 of its intent to use the bureau forms; and
(b) The filing number used by the bureau when
			 it filed the forms.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-090 - Advisory organization rules

Current through Register Vol. 24-14, July 15, 2024
(1) Advisory organizations may file insurance
			 forms with the commissioner. The commissioner will review advisory forms using
			 the same standards that apply to insurers and rating organizations. If the
			 forms comply with
			 RCW
			  48.18.110, the commissioner will approve the
			 forms on an advisory basis.
(2) If
			 an insurer decides to use approved advisory forms, the insurer must make an
			 independent form filing. The filing must include:
(a) A statement by the insurer of its intent
			 to use the advisory forms;
(b) The
			 filing number used by the advisory organization when it filed the forms;
			 and
(c) Copies of the advisory
			 forms attached to form schedule.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-100 - Rules for responding to an objection letter

Current through Register Vol. 24-14, July 15, 2024
An objection letter may ask the filer to revise a noncompliant
				form or provide clarification or additional information about the form. If a
				form contains provisions that are contrary to
				RCW
				 48.18.110, the objection letter will state
				the reason(s) for disapproval, including relevant case law, statutes and
				administrative rules. Filers must:
(1)
			 Provide a complete response to an objection letter. A complete response
			 includes:
(a) A separate response to each
			 objection; and
(b) A description of
			 changes proposed to noncompliant forms, and, if applicable, a replacement form
			 or amendatory endorsement attached to the form schedule.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-110 - Applications and policyholder notices

Current through Register Vol. 24-14, July 15, 2024
RCW  48.18.190 says each form that
				conflicts with, modifies, or extends a contract of insurance must be in writing
				and made a part of the policy. Insurers must file these forms under
				RCW
				 48.18.100 or
				48.18.103. Insurers must file
				applications and policyholder notices if the:
(1) Application will be used under
			 RCW
			  48.18.080; or
(2) Policyholder notice amends or modifies
			 policy provisions.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-110, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-120 - Rules for revised or replaced insurance policy forms

Current through Register Vol. 24-14, July 15, 2024
If an insurer files a revised or replaced form, the filer must
				provide the supporting documentation described below:
(1) If a form is revised due to an
			 objection(s) from the commissioner, the filer must provide a detailed
			 explanation of all material changes to the disapproved form.
(2) If a previously approved form is replaced
			 with a new version, the filer must submit an exhibit that marks and identifies
			 each change or revision to the replaced form using one of these methods:
(a) A draft form that strikes through
			 deletions and underlines additions or changes in the form;
(b) A draft form that includes comments in
			 the margins explaining the changes in the forms; or
(c) A side-by-side comparison of current and
			 proposed policy language.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-130 - Effective date rules

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Filers must include a common effective date for all forms submitted in a
			 filing. The insurer may use different effective dates for new and renewal
			 policies if the filing includes this request and the policy includes a
			 liberalization clause or condition.
(2) The proposed effective date must be a
			 specific date.
(a) Vague statements, such as
			 one that says the insurer will implement the filing thirty days after the
			 commissioner's approval is not specific, and does not comply with this
			 rule.
(b) If an insurer is filing a
			 new program or optional endorsement, the filer may request an effective date
			 concurrent with the commissioner's approval.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-140 - Reference copies of amendatory endorsements

Current through Register Vol. 24-14, July 15, 2024
If an insurer will use a previously approved Washington
				amendatory endorsement with a new form, the filer must:
(1) Provide a copy of the amendatory
			 endorsement attached as supporting documentation; or
(2) Include the SERFF tracking number under
			 which the endorsement was filed and approved in the filing description;
			 and
(3) Explain how the insurer
			 will use the amendatory endorsement with the new form.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-140, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-150 - Rules for insurance policy forms translated from English to another language

Current through Register Vol. 24-14, July 15, 2024
Insurers may issue insurance policy forms written in languages
				other than English.
(1) If an insurer
			 translates an insurance policy form from English to another language, the
			 insurer must:
(a) File the translated version
			 of the form with the commissioner.
(b) Include written disclosure statements on
			 the translated policy form that the insurer is issuing the translated form on
			 an informational basis and the English version is controlling for the purposes
			 of application and interpretation. The disclosure statements must be in English
			 and the language of the translated form and printed in bold face type of at
			 least twelve-point font.
(c) Submit
			 a certification with the filing by an officer employed by the insurer that the
			 insurer will issue the English version of the policy form with the translated
			 policy form.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-160 - Exemption for unauthorized insurers

Current through Register Vol. 24-14, July 15, 2024
Chapter 48.15 RCW applies to insurance transactions involving
				unauthorized surplus line insurers. Under
				RCW
				 48.18.100(1)(e), insurance
				forms issued by unauthorized surplus line insurers are exempt from
				filing.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20B-160, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-170 - Exemption for insurance forms issued to large commercial property and casualty accounts

Current through Register Vol. 24-14, July 15, 2024
(1) Under
			 RCW
			  48.18.103(3)(a), the
			 commissioner exempts forms issued to insure a large commercial property and
			 casualty account from filing requirements under
			 chapter
			 48.18 RCW.
(2) For purposes of this section, "large
			 commercial property and casualty account" means property and casualty insurance
			 as defined in WAC
			 284-24-001(10)
			 that is purchased by a business, not-for-profit organization, or public entity
			 with enough insurance buying experience to negotiate with insurers in a largely
			 unregulated environment and meets any two of the following criteria:
(a) Annual premiums of one hundred thousand
			 dollars or more, excluding workers compensation insurance issued by the
			 department of labor and industries and types of insurance listed in subsection
			 (3) of this section;
(b) Net
			 revenues or sales in excess of one hundred million dollars;
(c) More than two hundred
			 employees;
(d) Net worth over fifty
			 million dollars;
(e) Is a
			 not-for-profit organization or public entity with an annual budget or assets of
			 at least forty-five million dollars;
(f) Is a municipality with a population over
			 fifty thousand.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-005 - Definitions that apply to this chapter

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
				chapter:
(1) "Complete filing" means a
			 package of information containing motor vehicle service contracts, supporting
			 information, documents and exhibits.
(2) "Contract" means a service contract
			 covering motor vehicles, as described in chapter 48.110 RCW. Under this
			 definition:
(a) "Motor vehicle" means the
			 same as in RCW 48.110.-020(7), and only includes vehicles that are
			 self-propelled by a motor; and
(b)
			 "Service contract" means the same as in
			 RCW
			  48.110.020(18).
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-010 - Purpose of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 purpose of this chapter is to adopt processes and procedures for providers and
			 filers to use when they submit motor vehicle service contracts to the
			 commissioner under
			 RCW
			  48.110.073.
(2) This chapter is effective on February 1,
			 2009. All motor vehicle service contract filings received on or after February
			 1, 2009, must comply with this chapter.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20C-010, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-015 - Filing instructions that are incorporated into this chapter

Current through Register Vol. 24-14, July 15, 2024
SERFF is a dynamic application that the NAIC will revise and
				enhance over time. To be consistent with NAIC filing standards and provide
				timely instructions to filers, the commissioner must incorporate documents
				posted on the SERFF web site into this chapter. By reference, the commissioner
				incorporates these documents into this chapter:
(1) The SERFF Industry Manual available
			 within the SERFF application; and
(2) The Washington State Motor Vehicle
			 Service Contract Filing Instructions posted on the commissioner's web site,
www.insurance.wa.gov
.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.18.545,
				  48.19.035,
				  48.110.150,
				  48.18.100, and
				  48.19.040. WSR 13-12-038 (Matter
				  No. R 2013-06), §
										284-20C-015, filed 5/30/13,
				  effective 7/1/13.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-020 - General motor vehicle service contract filing rules

Current through Register Vol. 24-14, July 15, 2024
Filers and providers must submit complete filings that comply
				with these rules:
(1) Filings must
			 comply with the filing instructions and procedures in the
SERFF
			 Industry Manual
available within the SERFF application and
Washington State Motor Vehicle Service Contract Filing
			 Instructions
.
(2) Filers
			 must submit every service contract to the commissioner electronically using
			 SERFF.
(a) Every service contract filed in
			 SERFF must be attached to the form schedule.
(b) All written correspondence related to a
			 service contract filing must be sent in SERFF.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-030 - The commissioner may reject motor vehicle service contract filings

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 commissioner may reject and close any filing that does not comply with WAC
			 284-20C-020. If the commissioner
			 rejects a filing, the provider has not filed the service contract(s) with the
			 commissioner.
(2) If the
			 commissioner rejects a filing and the filer resubmits it as a new filing, the
			 date filed will be the date the commissioner receives and accepts the new
			 filing.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20C-030, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-040 - Rules for rejected filings made under RCW 48.110.073(3)

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			  48.110.073(3) says contracts
			 must be filed with the commissioner within sixty days after the provider first
			 issues the contract to a consumer. If the commissioner rejects a filing under
			 WAC 284-20C-030, the provider has not
			 filed contracts with the commissioner.
(2) If the commissioner rejects a filing
			 submitted under
			 RCW
			  48.110.073(3) the:
(a) Filer must promptly send a new filing to
			 the commissioner within the original sixty-day use and file period in
			 RCW
			  48.110.073(3); or
(b) Provider must stop issuing motor vehicle
			 service contracts sent with the rejected filing.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-050 - Filing authorization rules

Current through Register Vol. 24-14, July 15, 2024
(1) A provider may authorize a third-party
			 filer to file contracts on its behalf. Under this section, a "third-party
			 filer" means:
(a) An administrator as defined
			 in RCW
			  48.110.020(1);
(b) An insurer; or
(c) A person or entity in the business of
			 providing regulatory compliance services to providers.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-060 - Rules for revised or replaced motor vehicle service contracts

Current through Register Vol. 24-14, July 15, 2024
If a provider files a revised or replaced contract, the filer
				must provide the supporting documentation described below:
(1) If a contract is revised due to an
			 objection(s) from the commissioner, the filer must provide a detailed
			 explanation of all material changes to the disapproved contract.
(2) If a previously approved contract is
			 replaced with a new version, the filer must submit an exhibit that marks and
			 identifies each change or revision to the replaced contract using one of these
			 methods:
(a) A draft contract that strikes
			 through deletions and underlines additions or changes in the
			 contract;
(b) A draft contract that
			 includes comments in the margins explaining the changes in the contract;
			 or
(c) A side-by-side comparison of
			 current and proposed contract language.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-070 - Effective date rules

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Filers must include a common effective date for all contracts submitted in a
			 filing.
(2) The proposed effective
			 date must be a specific date.
(a) Vague
			 statements, such as one that says the provider will implement a filing thirty
			 days after the commissioner's approval is not specific, and does not comply
			 with this rule.
(b) If a provider
			 is filing a new program or optional coverage form, the filer may request an
			 effective date concurrent with the commissioner's approval.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-080 - Reference copies of amendatory forms

Current through Register Vol. 24-14, July 15, 2024
If a provider will use a previously approved Washington
				amendatory form with a new contract, the filer must:
(1) Provide a copy of the amendatory form as
			 supporting documentation; or
(2)
			 Provide the company tracking number from the contract filing under which the
			 endorsement was filed and approved; and
(3) Explain how the provider will use the
			 amendatory form with the new contract.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.110.150. 08-21-091 (Matter No.
				  2007-11), §
										284-20C-080, filed 10/15/08,
				  effective 2/1/09.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-090 - Rules for responding to an objection letter

Current through Register Vol. 24-14, July 15, 2024
An objection letter may ask the filer to revise noncompliant
				contracts or provide clarification or additional information about the
				contract. If the commissioner finds that a contract contains provisions that
				are contrary to
				RCW
				 48.110.073, the objection letter will state
				the reason(s) for disapproval, including relevant case law, statutes and
				administrative rules. Filers must:
(1)
			 Provide a complete response to an objection letter. A complete response
			 includes:
(a) A separate response to each
			 objection; and
(b) A description of
			 changes proposed to noncompliant contracts, and, if applicable, a replacement
			 contract or amendatory form.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20C - Rules for filing motor vehicle service contracts › Section 284-20C-110 - Rules for motor vehicle service contracts translated from English to another language

Current through Register Vol. 24-14, July 15, 2024
Providers may issue motor vehicle service contracts written in
				languages other than English.
(1) If a
			 provider translates a contract from English to another language, the provider
			 must:
(a) File the translated version of the
			 contract with the commissioner.
(b)
			 Include written disclosure statements on the translated contract that the
			 provider is issuing the translated contract on an informational basis and the
			 English version is controlling for the purposes of application and
			 interpretation. The disclosure statements must be in English and the language
			 of the translated contract and printed in bold face type of at least
			 twelve-point font.
(c) Submit
			 written certification by an officer employed by the provider that the provider
			 will issue the English version of the contract with the translated
			 contract.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-21 - Standard forms › Section 284-21-010 - Loss payable and mortgagee endorsements

Current through Register Vol. 24-14, July 15, 2024
After March 1, 1968, no new policy of automobile physical
				damage insurance or property insurance covering property located in the state
				of Washington shall be endorsed with a long form loss payable or mortgagee
				clause, other than:
(1) For automobile
			 physical damage insurance, the form attached to this regulation, which is here
			 designated Form REG-335.
(2) For
			 property insurance, either:
(a) What is now
			 called Standard Forms Bureau Form 372 (Nov. 1950) or the NS version of the same
			 form, which may be adapted for use with insurance on personal property by
			 typing over or deleting from the form the phrase "on buildings only;"
			 or
(b) What is now called Form 438
			 BFU (May 1, 1942), as approved by the Board of Fire Underwriters of the Pacific
			 and California Bankers Association Insurance Committee, or the NS version of
			 the same form, which may be adopted for use with insurance on personal property
			 by typing over or deleting from the form the phrase "on buildings only;"
			 or
(c) Form REG-335 (see appendix
			 [codified as WAC
			 284-21-990]   at end of this
			 chapter).
Specimens of the above forms may be obtained without cost by
				calling or writing to the Office of Insurance Commissioner, Insurance Building,
				Olympia, Washington.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-22 - USL&H assigned risk plan › Section 284-22-010 - Title

Current through Register Vol. 24-14, July 15, 2024
These rules and regulations, adopted under the authority of
				chapter 177, Laws of 1993, shall be entitled the Washington United States
				Longshore and Harbor Workers' Compensation Act assigned risk plan (hereinafter
				referred to as "the assigned risk plan").
Statutory Authority:
				  RCW
				  48.02.060. 93-20-019 (Order R 93-17), §
										284-22-010, filed 9/24/93,
				  effective 10/25/93. Statutory Authority:
				  RCW
				   48.02.060 and 1992 c 209. 92-19-095 (Order R
				  92-12), §
										284-22-010, filed 9/16/92,
				  effective 10/17/92.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-22 - USL&H assigned risk plan › Section 284-22-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purposes of the assigned risk plan are:
(1) To promote a strong and healthy maritime
			 industry, within Washington state, by ensuring the continued availability of
			 workers' compensation coverage required by the United States Longshore and
			 Harbor Workers' Act and maritime employers' liability coverage incidental to
			 such workers' compensation coverage for employers who are unable to purchase it
			 through the normal insurance market.
(2) To provide a mechanism through which the
			 net income or loss of the assigned risk plan is shared by authorized insurers
			 writing primary or excess United States Longshore and Harbor Workers' insurance
			 within Washington state and the Washington state industrial insurance
			 fund.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.22.070. 03-03-052 (Matter No. R
				  2001-10), §
										284-22-020, filed 1/13/03,
				  effective 2/13/03. Statutory Authority:
				  RCW
				  48.02.060. 93-20-019 (Order R 93-17), §
										284-22-020, filed 9/24/93,
				  effective 10/25/93. Statutory Authority:
				  RCW
				   48.02.060 and 1992 c 209. 92-19-095 (Order R
				  92-12), §
										284-22-020, filed 9/16/92,
				  effective 10/17/92.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-22 - USL&H assigned risk plan › Section 284-22-030 - Effective date

Current through Register Vol. 24-14, July 15, 2024
(1) The assigned
			 risk plan shall become effective at 12:01 a.m. July 1, 1992.
(2) The assigned risk plan shall not
			 terminate until all policies under the plan have expired and outstanding
			 obligations incurred under such policies have been satisfied.
Statutory Authority:
				  RCW
				  48.02.060. 95-18-106, §
										284-22-030, filed 9/6/95,
				  effective 10/7/95; 93-20-019 (Order R 93-17), §
										284-22-030, filed 9/24/93,
				  effective 10/25/93. Statutory Authority:
				  RCW
				   48.02.060 and 1992 c 209. 92-19-095 (Order R
				  92-12), §
										284-22-030, filed 9/16/92,
				  effective 10/17/92.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-22 - USL&H assigned risk plan › Section 284-22-040 - Territory

Current through Register Vol. 24-14, July 15, 2024
(1) The assigned
			 risk plan shall provide coverage only for employers who are unable to purchase
			 United States Longshore and Harbor Workers' Compensation Act (USL&H)
			 coverage and maritime employers' liability coverage incidental to such workers'
			 compensation coverage for their operations within the state of
			 Washington.
(2) The assigned risk
			 plan may, at its discretion, provide USL&H coverage and maritime employers'
			 liability coverage incidental to such workers' compensation coverage for
			 Washington state employers who are unable to purchase USL&H coverage for
			 their Washington employees who temporarily work out-of-state.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.22.070. 10-11-056 (Matter No. R
				  2008-07), §
										284-22-040, filed 5/13/10,
				  effective 6/13/10. Statutory Authority:
				  RCW
				   48.02.060 and 1992 c 209. 92-19-095 (Order R
				  92-12), §
										284-22-040, filed 9/16/92,
				  effective 10/17/92.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-22 - USL&H assigned risk plan › Section 284-22-080 - Approval by commissioner

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 commissioner shall approve the assigned risk plan's operating procedures if
			 they provide for the fair, reasonable, and equitable administration of the
			 assigned risk plan for all concerned.
(2) The commissioner shall approve rate and
			 form filings made by the servicing carrier(s) on behalf of the plan using the
			 same standards that would apply to an insurance program designed and filed with
			 the commissioner by an authorized insurer.
(3) The commissioner shall approve the
			 assigned risk plan's requests for interim and regular assessments, and requests
			 for distributions from time to time, upon receipt of evidence that such
			 assessments are necessary, or such distributions are prudent, and that such
			 assessments or distributions ensure the plan's continued operation in a
			 financially sound and responsible manner.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.22.070. 03-03-052 (Matter No. R
				  2001-10), §
										284-22-080, filed 1/13/03,
				  effective 2/13/03. Statutory Authority:
				  RCW
				   48.02.060 and 1992 c 209. 92-19-095 (Order R
				  92-12), §
										284-22-080, filed 9/16/92,
				  effective 10/17/92.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-22 - USL&H assigned risk plan › Section 284-22-090 - Right of appeal

Current through Register Vol. 24-14, July 15, 2024
Any applicant, person insured under the plan, or participating
				insurer, aggrieved by a ruling or decision of the plan shall have a right to
				appeal such decision to the commissioner. Appeals to the commissioner under
				this program shall in all other respects not set forth herein, be handled in
				accordance with chapters 48.04 and
				34.05 RCW.
Statutory Authority:
				  RCW
				  48.02.060 and 1992 c 209. 92-19-095 (Order R
				  92-12), §
										284-22-090, filed 9/16/92,
				  effective 10/17/92.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-010 - Title and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This
				regulation, WAC
				284-23-010 through 284-23-130,
				shall be known and may be cited as the "Washington life insurance advertising
				regulation."
(2) The purpose of
				this regulation is to set forth minimum standards and guidelines to assure a
				full and truthful disclosure to the public of all material and relevant
				information in the advertising of life insurance policies and annuity
				contracts.
Order R-75-3, §
											284-23-010, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) For the purpose
				of this regulation:
(a) "Policy" shall
				include any policy, plan, certificate, contract, agreement, statement of
				coverage, rider, or endorsement which provides for life insurance or annuity
				benefits.
(b) "Insurer" shall
				include any organization or person which issues life insurance or annuities in
				this State and is engaged in the advertisement of a policy.
(c) "Advertisement" shall be material
				designed to create public interest in life insurance or annuities or in an
				insurer, or to induce the public to purchase, increase, modify, reinstate, or
				retain a policy including:
(i) Printed and
				published material, audiovisual material, and descriptive literature of an
				insurer used in direct mail, newspapers, magazines, radio and television
				scripts, bill-boards and similar displays;
(ii) Descriptive literature and sales aids of
				all kinds issued by an insurer or insurance producer, including but not limited
				to circulars, leaflets, booklets, depictions, illustrations and form
				letters;
(iii) Material used for
				the recruitment, training and education of an insurer's sales personnel and
				insurance producers, which is designed to be used or is used to induce the
				public to purchase, increase, modify, reinstate or retain a policy;
(iv) Prepared sales talks, presentations and
				material for use by sales personnel and insurance producers.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This regulation
				shall apply to any life insurance or annuity advertisement intended for
				dissemination in this state.
(2)
				Every insurer shall establish and at all times maintain a system of control
				over the content, form and method of dissemination of all advertisements of its
				policies. All such advertisements, regardless of by whom written, created,
				designed or presented, shall be the responsibility of the insurer for whom such
				advertisements are prepared.
Order R-75-3, §
											284-23-030, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-040 - Form and content of advertisements

Current through Register Vol. 24-14, July 15, 2024
(1) Advertisements shall be truthful and not
				misleading in fact or by implication. The form and content of an advertisement
				of a policy shall be sufficiently complete and clear so as to avoid deception.
				It shall not have the capacity or tendency to mislead or deceive.
(2) Whether an advertisement has the capacity
				or tendency to mislead or deceive shall be determined by the commissioner from
				the overall impression that the advertisement may be reasonably expected to
				create upon a person of average education or intelligence within the segment of
				the public to which it is directed.
(3) No advertisement shall use the terms
				"investment," "investment plan," "founder's plan," "charter plan," "expansion
				plan," "profit," "profits," "profit sharing," "interest plan," "savings,"
				"savings plan," or other similar terms in connection with a policy in a context
				or under such circumstances or conditions as to have the capacity or tendency
				to mislead a purchaser or prospective purchaser of such policy to believe that
				he will receive, or that it is possible that he will receive, something other
				than a policy or some benefit not available to other persons of the same class
				and equal expectation of life.
Order R-75-3, §
											284-23-040, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-060 - Identity of insurer

Current through Register Vol. 24-14, July 15, 2024
(1) The full
				name and home office of the insurer shall be clearly identified, and if any
				specific individual policy is advertised it shall be identified either by form
				number or other appropriate description. An advertisement shall not use a trade
				name, an insurance group designation, name of the parent company of the
				insurer, name of a particular division of the insurer, service mark, slogan,
				symbol or other device or reference without disclosing the name of the insurer,
				or in a manner that would have the capacity or tendency to mislead or deceive
				as to the true identity of the insurer or create the impression that a company
				other than the insurer would have any responsibility for the financial
				obligation under a policy.
(2) No
				advertisement shall use any combination of words, symbols or physical materials
				which by their content, phraseology, shape, color or other characteristics are
				so similar to a combination of words, symbols or physical materials used by a
				governmental program or agency or otherwise appear to be of such a nature that
				they tend to mislead prospective insureds into believing that the solicitation
				is in some manner connected with such governmental program or agency.
Order R-75-3, §
											284-23-060, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-070 - Solicitation beyond license limits and status of insurer

Current through Register Vol. 24-14, July 15, 2024
(1) An advertisement which reasonably is
				expected to be seen or heard beyond the limits of the jurisdiction in which the
				insurer is licensed shall not imply licensing beyond such limits.
(2) An advertisement may state that an
				insurer is licensed in the state where the advertisement appears, provided it
				does not exaggerate such fact or suggest or imply that competing insurers may
				not be so licensed.
(3) An
				advertisement shall not create the impression that the insurer, its financial
				condition or status, the payment of its claim, or the merits, desirability or
				advisability of its policy forms or kinds of plans of insurance are recommended
				or endorsed by any governmental entity. However, where a governmental entity
				has recommended or endorsed a policy form or plan, such fact may be stated if
				the entity authorizes its recommendation or endorsement to be used in an
				advertisement.
Order R-75-3, §
											284-23-070, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-080 - Statements about the insurer

Current through Register Vol. 24-14, July 15, 2024
An advertisement shall not contain statements, pictures or
				  illustrations which are false or misleading, in fact or by implication, with
				  respect to the assets, liabilities, insurance in force, corporate structure,
				  financial condition, age or relative position of the insurer in the insurance
				  business. An advertisement shall not contain a recommendation by any commercial
				  rating system unless it clearly defines the scope and extent of the
				  recommendation.
Order R-75-3, §
											284-23-080, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-090 - Advertising file to be maintained

Current through Register Vol. 24-14, July 15, 2024
Each insurer shall maintain at its home or principal office a
				  complete file containing a specimen copy of every printed, published or
				  prepared advertisement of its individual policies and specimen copies of
				  typical printed, published or prepared advertisements of its blanket, franchise
				  and group policies, hereafter disseminated in this state, with a notation
				  indicating the manner and extent of distribution and the form number of any
				  policy advertised. Such file shall be subject to inspection by the insurance
				  commissioner. All such advertisements shall be maintained in said file for a
				  period of either four years or until the filing of the next regular report on
				  examination of the insurer, whichever is the longer period of
				  time.
Order R-75-3, §
											284-23-090, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-100 - Conflict with other rules

Current through Register Vol. 24-14, July 15, 2024
It is not intended that these rules conflict with or
				  supersede any rules currently in force or subsequently adopted in this state
				  governing specific aspects of the sale or replacement of life insurance
				  including, but not limited to, rules dealing with life insurance cost
				  comparison indices, deceptive practices in the sale of life insurance and
				  replacement of life insurance policies. Consequently, no disclosure required
				  under any such rules shall be deemed to be an advertisement within the meaning
				  of this regulation.
Order R-75-3, §
											284-23-100, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › ADVERTISING REGULATION › Section 284-23-110 - Violation defined as unfair practice

Current through Register Vol. 24-14, July 15, 2024
A violation of this regulation, WAC
				  284-23-010 through 284-23-130, is
				  hereby defined to be an unfair method of competition and an unfair or deceptive
				  act or practice in the conduct of the business of insurance, pursuant to
				  RCW
				   48.30.010.
Order R-75-3, §
											284-23-110, filed 8/22/75,
					 effective 11/1/75.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-23 - Washington life insurance regulations › LIFE INSURANCE DISCLOSURE › Section 284-23-200 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				this regulation is to require insurers to deliver to purchasers of life
				insurance, information which will improve the buyer's ability to select the
				most appropriate plan of life insurance for the buyer's needs, improve the
				buyer's understanding of the basic features of the policy which has been
				purchased or which is under consideration and improve the ability of the buyer
				to evaluate the relative costs of similar plans of life insurance.
(2) This regulation does not prohibit the use
				of additional material which is not in violation of this regulation or any
				other Washington statute or regulation.
Statutory Authority:
					 RCW
					 48.02.020 and
					 48.30.010. 98-11-003 (Matter No. R
					 97-04), §
											284-23-200, filed 5/6/98,
					 effective 6/6/98. Statutory Authority:
					 RCW
					  48.02.060,
					 48.30.010, and
					 48.30.090. 79-07-053 (Order R
					 79-2), §
											284-23-200, filed 6/25/79,
					 effective 1/1/80.