Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-010 - Standard fire policies

Current through Register Vol. 24-14, July 15, 2024
(1) This
			 regulation is promulgated pursuant to
			 RCW
			  48.18.120(1) to define and
			 effect reasonable uniformity in all basic contracts of fire
			 insurance.
(2) All policies which
			 include coverage against loss or damage by fire are hereby defined to be basic
			 contracts of fire insurance unless they come within the scope of insurance code
			 provisions, or regulations adopted by the commissioner, providing that they may
			 be regarded as marine, inland marine, vehicle, or casualty policies.
(3) Except for the provisions of the next
			 succeeding three paragraphs, no company shall issue any basic contract of fire
			 insurance covering property or interest therein in this state other than on the
			 form known as the 1943 New York Standard Fire Insurance Policy, herein referred
			 to as the "standard fire policy": Provided, however, that such form shall be
			 modified to conform to
			 RCW
			  48.18.290 with respect to the number of days'
			 notice of cancellation required. In addition, such form shall be modified as
			 necessary to conform to WAC
			 284-20-020
			 with respect to inception and expiration times. Such modifications may be by
			 endorsement.
(a) Insurers issuing a standard
			 fire policy pursuant to this regulation are hereby authorized to affix thereto
			 or include therein a written statement that the policy does not cover loss or
			 damage caused by nuclear reaction or nuclear radiation or radioactive
			 contamination, all whether directly or indirectly resulting from an insured
			 peril under said policy: Provided, however, that nothing herein contained shall
			 be construed to prohibit the attachment to any such policy of an endorsement or
			 endorsements specifically assuming coverage for loss or damage caused by
			 nuclear reaction or nuclear radiation or radioactive contamination provided
			 such assumption clause has been filed with and approved by the commissioner in
			 accordance with
			 RCW
			  48.18.100.
(b) The pages of the standard fire policy
			 issued pursuant to this regulation may be renumbered and the format rearranged
			 for convenience in the preparation of individual contracts, and to provide
			 space for the listing of rates and premiums for coverages insured thereunder or
			 under endorsement attached to or printed thereon, and such other data as may be
			 conveniently included for duplication on daily reports for office
			 records.
(c) As an alternative
			 form, a form written in clear, understandable language, which provides terms,
			 conditions and coverages not less favorable to the insured than the "standard
			 fire policy," may be used. Such alternative form may be incorporated in or
			 integrated within a form providing other or additional coverages, as, for
			 example, a homeowners policy or a special multiperil policy. The intent of this
			 subsection is to permit understandable plain language policies and package
			 policies without diminishing any rights an insured would have under the 1943
			 New York Standard Fire Insurance Policy.
(d) By use of such alternative form, an
			 insurer certifies that it is not less favorable to the insured than the
			 "standard fire policy." If, in the adjustment of claims, any provision of the
			 "standard fire policy" applicable to such claims is found to be more favorable
			 to the insured than the alternative form used, then provisions of the "standard
			 fire policy" shall govern.