reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › MILITARY SALES PRACTICES › Section 284-30-860 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The following life insurance solicitations or sales are exempt from the requirements of WAC 284-30-850 through 284-30-872:
(a) Credit life insurance.
(b) Group life insurance where there is no in-person face-to-face solicitation of individuals by a licensed insurance producer or where the policy or certificate does not include a side fund.
(c) An application to the insurer that issued the existing policy or certificate when a contractual change or a conversion privilege is being exercised; or when the existing insurance policy or certificate is being replaced by the same insurer pursuant to a program filed with and approved by the commissioner; or, when a term life conversion privilege is exercised among corporate affiliates.
(d) Individual, stand-alone policies of health or disability income insurance.
(e) Contracts offered by Servicemembers Group Life Insurance (SGLI) or Veterans Group Life Insurance (VGLI), as authorized by 38 U.S.C. section 1965 et seq., and contracts offered by State Sponsored Life Insurance (SSLI) as authorized by 37 U.S.C. Section 707 et seq.
(f) Life insurance policies or certificates offered through or by a nonprofit military association, qualifying under section  501(c)(23) of the Internal Revenue Code (IRC), and which are not underwritten by an insurer.
(g) Contracts used to fund any of the following:
(i) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
(ii) A plan described by sections  401(a),  401(k),  403(b),  408(k), or  408(p) of the IRC, as amended, if established or maintained by an employer;
(iii) A government or church plan defined in section  414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under section  457 of the IRC;
(iv) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
(v) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
(vi) Prearranged funeral contracts.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › MILITARY SALES PRACTICES › Section 284-30-865 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to the military sales
				  practices rules, unless the context clearly requires otherwise:
(1) "Active duty" means full-time duty in the
				active military service of the United States and includes members of the
				reserve component, such as national guard or reserve, while serving under
				published orders for active duty or full-time training. This term does not
				include members of the reserve component who are performing active duty or
				active duty for training under military calls or orders specifying periods of
				fewer than thirty-one calendar days.
(2) "Department of Defense (DOD) personnel"
				means all active duty service members and all civilian employees, including
				nonappropriated fund employees and special government employees, of the
				Department of Defense.
(3)
				"Door-to-door" means a solicitation or sales method whereby an insurance
				producer proceeds randomly or selectively from household to household without a
				prior specific appointment.
(4)
				"General advertisement" means an advertisement having as its sole purpose the
				promotion of the reader's or viewer's interest in the concept of insurance or
				the promotion of an insurer or insurance producer.
(5) "Insurer" means an insurance company, as
				defined in
				RCW
				 48.01.050, that provides life insurance
				products for sale in this state. The term "insurer" also includes fraternal
				benefit societies, as defined at
				RCW
				 48.36A.010. Whenever the term "insurer,"
				"policy," or "certificate" is used in these military sales practices rules, it
				includes insurers and fraternal benefit societies and applies to all insurance
				policies, benefit contracts, and certificates of life insurance issued by
				them.
(6) "Known" or "knowingly"
				means, depending on its use in WAC
				284-30-870 and
				284-30-872, that the insurer or
				insurance producer had actual awareness, or in the exercise of ordinary care
				should have known at the time of the act or practice complained of that the
				person being solicited is either:
(a) A
				service member; or
(b) A service
				member with a pay grade of E-4 or below.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › MILITARY SALES PRACTICES › Section 284-30-870 - Practices declared to be unfair or deceptive when committed on a military installation

Current through Register Vol. 24-14, July 15, 2024
(1) The
				following acts or practices by an insurer or insurance producer are found by
				the commissioner to be false, misleading, unfair or deceptive methods of
				competition or unfair or deceptive or acts or practices in the conduct of the
				business of insurance when committed on a military installation and solicited
				in-person face-to-face:
(a) Knowingly
				soliciting the purchase of any life insurance policy or certificate door to
				door or without first establishing a specific appointment for each meeting with
				the prospective purchaser.
(b)
				Soliciting service members in a group or mass audience or in a captive audience
				where attendance is not voluntary.
(c) Knowingly making appointments with or
				soliciting service members during their normally scheduled duty
				hours.
(d) Making appointments with
				or soliciting service members in barracks, day rooms, unit areas, or transient
				personnel housing, or other areas where the installation commander has
				prohibited solicitation.
(e)
				Soliciting the sale of life insurance without first obtaining permission from
				the installation commander or the commander's designee.
(f) Posting unauthorized bulletins, notices,
				or advertisements.
(g) Failing to
				present DD Form 2885 Personal Commercial Solicitation Evaluation, to service
				members solicited or encouraging service members solicited not to complete or
				submit a DD Form 2885.
(h)
				Knowingly accepting an application for life insurance or issuing a policy or
				certificate of life insurance on the life of an enlisted member of the United
				States armed forces without first obtaining for the insurer's files a completed
				copy of any required form which confirms that the applicant has received
				counseling or fulfilled any other similar requirement related to the sale of
				life insurance established by regulations, directives, or rules of the DOD or
				any branch of the United States armed forces.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › ENVIRONMENTAL CLAIMS › Section 284-30-900 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) There are many
				insurance coverage disputes involving Washington insureds who face potential
				liability for their roles at polluted sites in this state. State and federal
				mandates exist for cleaning up the environment in order to address the adverse
				effects of hazardous substances on human health and safety and the environment
				in general. It is in the public interest to reduce the costs incurred in
				connection with environmental claims and to expedite the resolution of such
				claims. The state of Washington has a substantial public interest in the
				timely, efficient, and appropriate resolution of environmental claims involving
				the liability of insureds at polluted sites in this state. This interest is
				based on practices favoring good faith and fair dealing in insurance matters
				and on the state's broader health and safety interest in a clean
				environment.
(2) Insureds and
				insurers alike face claims complicated by factual issues concerning events that
				occurred in the distant past. Many sites with environmental damage involve
				long-term operations with multiple owners; therefore, issues related to lost
				policies which may provide insurance coverage in the environmental claims
				context provide uniquely challenging problems of both lost evidence and
				witnesses.
(3) Cooperation between
				insureds and insurers in fairly and expeditiously resolving legitimate disputes
				and in reducing or eliminating nonmeritorious claims is in the public interest.
				Facilitating cooperation in resolving legitimate lost policy disputes in
				environmental claims will reduce unnecessary litigation, thereby freeing more
				resources for environmental cleanup. Insureds and insurers are encouraged to
				participate in a mediation program in order to achieve a mutually acceptable,
				expeditious resolution of environmental claims without resort to costly and
				lengthy litigation.
(4) This
				regulation is adopted to provide minimum standards for the conduct of insureds
				and insurers for presenting and resolving environmental claims with the goal of
				facilitating the fair, principled, and efficient resolution of environmental
				claims without resort to unnecessary, time-consuming, and expensive
				litigation.
Statutory Authority:
					 RCW
					 48.02.060,
					 48.30.010,
					 48.01.030,
					 48.05.280,
					 48.15.100 and
					 48.15.170. 95-09-014 (Order R
					 94-30), §
											284-30-900, filed 4/10/95,
					 effective 5/11/95.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › ENVIRONMENTAL CLAIMS › Section 284-30-905 - Scope

Current through Register Vol. 24-14, July 15, 2024
(1) This regulation
				applies to actions taken by an insurer on or after July 1, 1995, with regard to
				environmental claims arising under a general liability insurance policy issued
				to a Washington resident and concerning sites located within this state. This
				regulation does not apply to environmental claims for which coverage is
				resolved by judgment, settlement, or payment before July 1, 1995.
(2) This regulation is not exclusive, and
				acts or omissions, whether or not specified in WAC
				284-30-900 through
				284-30-940, may also be
				violations of other sections of the insurance code or other regulations
				promulgated thereunder.
Statutory Authority:
					 RCW
					 48.02.060,
					 48.30.010,
					 48.01.030,
					 48.05.280,
					 48.15.100 and
					 48.15.170. 95-09-014 (Order R
					 94-30), §
											284-30-905, filed 4/10/95,
					 effective 5/11/95.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › ENVIRONMENTAL CLAIMS › Section 284-30-910 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this regulation:
(1) "Environmental claim" means a claim for
				defense or indemnity submitted under a general liability insurance policy by an
				insured facing, or allegedly facing, potential liability for bodily injury or
				property damage to others arising from a discharge of pollutants into land,
				air, or water.
(2) "General
				liability insurance policy" means a contract of insurance that provides
				coverage for the legal obligations of an insured for bodily injury or property
				damage to others. It includes, for example, pollution insurance policies and
				comprehensive general liability insurance policies; it does not include
				insurance policies relating to motor vehicles, personal coverage such as
				homeowners, or specialty line liability coverage such as directors and officers
				insurance, errors and omissions insurance, or other similar policies.
(3) "Insured" means a Washington resident who
				is either the named insured or is acting on behalf of a Washington resident who
				is a named insured, and is presenting an environmental claim.
(4) "Lost policy" includes general liability
				insurance policies that are alleged by an insured to be lost.
Statutory Authority:
					 RCW
					 48.02.060,
					 48.30.010,
					 48.01.030,
					 48.05.280,
					 48.15.100 and
					 48.15.170. 95-09-014 (Order R
					 94-30), §
											284-30-910, filed 4/10/95,
					 effective 5/11/95.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › ENVIRONMENTAL CLAIMS › Section 284-30-920 - Procedures for resolving lost policy disputes regarding environmental claims

Current through Register Vol. 24-14, July 15, 2024
The commissioner has found and hereby defines it to be an
				  unfair act or practice or an unfair method of competition for an insurer to
				  fail to investigate thoroughly and promptly all claims of lost policies. It is
				  also an unfair practice or an unfair method of competition for an insurer to
				  fail to provide all facts known or discovered during an investigation
				  concerning the issuance and terms of a policy, including copies of documents
				  establishing such facts, to an insured claiming coverage under a lost policy. A
				  single violation of this section may be deemed by the commissioner to be an
				  unfair act or practice or an unfair method of competition. The following
				  procedures are minimum standards for the facilitation of reconstructing a lost
				  policy and determining its terms. These procedures do not create a presumption
				  of coverage for the loss once the contract is reconstructed.
(1) Within fifteen working days after receipt
				by the insurer of notice of a lost policy, an insurer shall commence an
				investigation into its records, including its computer records, to determine
				whether it issued the lost policy. If the insurer determines that it issued the
				policy in question, it shall promptly commence an investigation into the terms
				and conditions relevant to the environmental claim.
(a) For purposes of this section, "notice of
				a lost policy" means written notice of the lost policy in sufficient detail to
				identify the person or entity seeking coverage, including information
				concerning the name of the alleged policyholder, if known, together with
				material facts known to the insured concerning the lost policy.
(b) Insureds and insurers shall fully
				cooperate with each other in the investigation of lost policy issues.
(i) Each shall provide to the other facts
				known or discovered during an investigation, including the identity of any
				witnesses with knowledge of facts related to the issuance or existence of a
				lost policy.
(ii) Each shall
				provide the other with copies of documents establishing facts related to the
				lost policy.
(iii) Neither an
				insured nor an insurer shall be required to produce material subject to the
				attorney-client privilege or the work product doctrine, or confidential claims
				documents provided to the insurer by another policyholder.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › ENVIRONMENTAL CLAIMS › Section 284-30-930 - Specific unfair environmental claims settlement or trade practices defined

Current through Register Vol. 24-14, July 15, 2024
The commissioner has found and hereby defines the following
				  acts or practices related to the settlement of environmental claims to be
				  unfair methods of competition or unfair or deceptive acts or practices in the
				  conduct of the business of insurance. A single violation of this section may be
				  deemed by the commissioner to be an unfair claims settlement practice, an
				  unfair trade practice, or an unfair method of competition.
(1) Failure to pay interest at the statutory
				rate as set by the state treasurer from time to time, pursuant to
				RCW
				 19.52.025:
(a) On payments that an insured has made and
				which the insurer is legally obligated to pay as damages: Provided however,
				That interest shall begin to accrue only when a claim is presented or payment
				is made by the insured, whichever is the later; or
(b) On overdue payments that an insurer
				agreed to make pursuant to an agreed settlement with an insured: Provided
				however, That interest shall begin to accrue on the thirty-first day after the
				date of the settlement or the agreed time, if later.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30 - Trade practices › ENVIRONMENTAL CLAIMS › Section 284-30-940 - Environmental claim mediation program

Current through Register Vol. 24-14, July 15, 2024
The commissioner has found and hereby defines it to be an
				  unfair act or practice or an unfair method of competition for an insurer to
				  fail to participate in good faith in nonbinding mediation requested by an
				  insured concerning the existence, terms, or conditions of a lost policy, or
				  regarding coverage for an environmental claim.
(1) The insured may request in writing that
				the insurer participate in nonbinding mediation.
(2) Upon request from an insured for
				nonbinding mediation, an insurer shall provide an insured with information
				concerning an environmental claim mediation program. The information shall
				include, but need not be limited to, a description of how an insured can
				efficiently commence a mediation program.
(3) The purposes of mediation shall include,
				but need not be limited to, the following:
(a) To assist the parties in resolving
				disputes concerning whether or not a general liability insurance policy
				applicable to the environmental claim was issued to the insured by the insurer
				or concerning the relevant terms, conditions, and exclusions of the
				policy;
(b) To determine whether
				the entire claim, or a portion thereof, can be settled by agreement of the
				parties;
(c) If the claim cannot be
				settled, to determine whether one or more issues can be resolved to the
				satisfaction of the parties; or
(d)
				To discuss any other methods of streamlining or reducing the cost of
				litigation.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Numerous
			 consumer complaints filed with the commissioner about the premium increase
			 explanations provided by insurers demonstrate a need for insurers to provide
			 greater transparency to policyholders when their premiums increase.
(2) This chapter improves transparency in
			 insurance by defining the scope of insurer responsibility to explain premium
			 increases to policyholders.
(3)
			 Insurers shall provide the premium change transparency required by this chapter
			 to their policyholders indicating the premium increases occurring at renewal.
			 Failure to provide the premium change transparency required by this chapter is
			 hereby defined as an unfair and deceptive practice in the business of insurance
			 under chapters 284-30 WAC and 48.30 RCW.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-020 - Scope of applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to policies renewed on or after June 1, 2024.
(2) This chapter applies to authorized
			 insurers with the following types of personal insurance policies:
(a) Private passenger automobile coverage;
			 and
(b) Homeowner's coverage,
			 including mobile homeowners, manufactured homeowners, condominium owners, and
			 renter's coverage.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
When used in this chapter, these terms are defined as and have
				the following meaning:
(1) "Antique
			 vehicle" or "collector vehicle" means a vehicle that is a classic vehicle and
			 is at least 30 years old.
(2)
			 "Classic vehicle" means a vehicle that is at least 10 years old and has
			 historical interest for preservation or restoration.
(3) "Insurance" has the same meaning as
			 provided in
			 RCW
			  48.01.040.
(4) "Insurance policy" or "policy" or
			 "insurance contract" or "contract" means any contract of insurance, indemnity,
			 or suretyship, issued, proposed for issuance, or intended for issuance by any
			 insurer that provides either:
(a) Private
			 passenger automobile coverage; or
(b) Homeowner's coverage, including mobile
			 homeowners, manufactured homeowners, condominium owners, and renter's
			 coverage.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-040 - Premium change transparency thresholds

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning June
			 1, 2024, and effective until June 1, 2027, insurers shall provide reasonable
			 explanations, for insurance policies as described in WAC
			 284-30A-020, upon written request
			 by the policyholder, for any premium increase occurring at renewal.
(2) Beginning June 1, 2027, insurers shall
			 provide premium change notices, with reasonable explanations and primary
			 factors, disclosing the causes of premium increases for insurance policies as
			 described in WAC
			 284-30A-020. Insurers shall
			 provide premium change notices automatically when a renewal will result in a 10
			 percent premium increase or more, or upon written request by the policyholder
			 for any premium increase occurring at renewal.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-050 - Premium change transparency administrative requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Insurer
			 premium change transparency disclaimer:
Beginning June 1, 2024, insurers
			 shall include a prominent disclaimer on the first page or view of renewal
			 notices and renewal billing statements indicating, in
at least 12-point
			 type bold font
, substantially similar language as the following:
"
Policyholders receiving an increase to their premiums at renewal
			 can request an explanation by contacting their insurer in writing. Please see
			 Chapter 284-30A WAC for additional information on your right to an explanation
			 for your rate increase
."
(2) Insurers shall include their contact
			 information in all premium change transparency to policyholders, and may
			 include the producer's (if any), contact information.
(3) Consumers' written requests, and
			 insurers' premium change transparency, are deemed to be requested and responded
			 to at the date indicated by either postmark or electronic timestamp for
			 delivery. In the event of duplicate requests or responses, for delivery by both
			 mail and email, then this date will be determined as the earlier of either
			 postmark or electronic timestamp for delivery.
(4) Insurers shall provide premium change
			 transparency to the policyholder, and their producer (if any), according to the
			 following:
(a) If upon written request, then
			 no later than 20 calendar days from the receipt of the written request;
			 and
(b) If upon renewal, due to a
			 10 percent premium increase or more, then automatically and no less than 20
			 calendar days prior to the effective date of the renewed policy.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-060 - Premium change transparency notice requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Beginning
			 January 1, 2027, insurers shall file the premium change notice with the
			 commissioner, whether using the premium change notice provided in WAC
			 284-30A-080, or using an
			 alternative version of the premium change notice. Insurers shall file any
			 alternative premium change notice with the commissioner, so the premium change
			 notice can be reviewed for sufficiently meeting or exceeding the standards
			 outlined in this chapter.
(2)
			 Insurers' failure to use the premium change notice in WAC
			 284-30A-080, or obtain
			 commissioner approval to use alternative insurer premium change notices, when
			 notice is required under this chapter, is a violation of this
			 chapter.
(3) Insurers' premium
			 change notice filings and requests to use alternative premium change notices
			 shall be submitted electronically in the system for electronic rate and form
			 filings (SERFF).
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-070 - Insurer communication standards

Current through Register Vol. 24-14, July 15, 2024
(1) Reasonable
			 explanation is a communication standard that requires insurers to provide
			 sufficient information, in terms that are understandable to an average
			 policyholder, which enable the policyholder to figure out the basic nature of
			 any premium increase.
(2) Primary
			 factors is a communication standard that requires insurers to provide the
			 specific rate and rating factors that caused the premium increase. The primary
			 factors are the following:
(a) Auto-related
			 factors (car garaging location, driving record, miles driven, number of
			 drivers, and number of vehicles), claims history, discounts, fees and
			 surcharges, demographic factors (age, credit history, education, gender,
			 marital status, and occupation), property related factors (age, location, and
			 value), premium capping, and rate changes (including those subject to rate
			 stability rules, transition rules, or premium-capping rules, as referenced in
			 WAC 284-24-130).
(b) Insurers shall include the primary
			 factors in the premium change notice, if applicable to the premium increase,
			 with any premium change notices processed for renewals effective on or after
			 June 1, 2027. Factors not listed above as primary are considered as optional
			 factors. Insurers may include additional optional factors not listed in this
			 section, if applicable to the premium increase.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-080 - Premium change notice contents

Current through Register Vol. 24-14, July 15, 2024
(1) This section
			 outlines the explanation required and minimum amount of information to include
			 in the contents of the premium change notice. Insurers are permitted to provide
			 additional information beyond these requirements.
(2)
Premium change notice.
LICENSED INSURANCE COMPANY - NAME, ADDRESS, NAIC Number,
				& Notice Date
Policyholder Name, Policy Type, Covered Risks, Policy
				Number, Policy Period, and Effective Date
* We are notifying you of a premium increase to your
				insurance policy. Your premium for this insurance policy has increased
				from
(Total Amount)
to
(Total Amount) (
insurers
				insert amounts
).
* Your premium is impacted by
(
insurers
				insert primary factors such as auto-related factors, demographics, discounts,
				rates, and property related factors
)
, which will cause the price
				of your insurance to increase at renewal.
* Here is an explanation for each reason of your premium
				increase
(
insurers shall communicate the reasons for the premium
				increases along with a corresponding explanation; insurers' explanations must
				include the percentage or dollar change occurring to the policyholder's premium
				at renewal
)
:
*Please note: Your future premiums may increase or decrease if
				you change your coverage, if there are changes in your risk characteristics
				that occur during this time frame, or by future rate change filings made by our
				company in your state.
If you have any questions, please contact your insurance
				company via telephone (), email (), postal mail (), or visit our website (
				).
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-090 - Penalties for noncompliance

Current through Register Vol. 24-14, July 15, 2024
(1) Insurers who
			 fail to adhere to this chapter, including the provisions on content
			 requirements, timing, notice, and retention, are considered to have committed
			 unfair and deceptive practices, and will be subject to the applicable remedies
			 and penalties contained in chapters 284-30 WAC and 48.30 RCW.
(2) Insurers shall not enter into any
			 agreement, arrangement, scheme, or understanding, or in any other manner pursue
			 any course of conduct, designed or intended to avoid compliance with this
			 chapter.
(3) Insurers are
			 responsible for compliance with this chapter and cannot avoid liability by
			 delegating premium change transparency requirements to third parties.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-30A - Premium change transparency › Section 284-30A-100 - Severability clause

Current through Register Vol. 24-14, July 15, 2024
If any section or portion of a section of this chapter or the
				applicability thereof to any person or circumstance is held invalid by a court,
				the remainder of this chapter or the applicability of the provision to other
				persons or circumstances shall not be affected.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-33 - Risk reduction for property insurance › Section 284-33-005 - Definition

Current through Register Vol. 24-14, July 15, 2024
The definition in this section apply throughout this chapter
				unless the context clearly requires otherwise:
A "risk reduction program" means a program by a property
				insurance company to reduce either the probability of loss or extent of loss,
				or both, from a covered event as described in
				RCW
				 48.18.558(1) by supplying
				its named insured with either goods or services, or both, as described in WAC
				284-33-030(1).
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-33 - Risk reduction for property insurance › Section 284-33-010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to implement
				RCW
				 48.18.558,
				48.18.559, and
				48.19.530 for property insurance
				by establishing rules:
(1) For
			 property insurers' risk reduction programs for covered events;
(2) For property insurers' pilot risk
			 reduction programs for covered events; and
(3) To identify which property insurers'
			 disaster or emergency response activities for covered events are exempt from
			 RCW
			  48.18.558,
			 48.19.530,
			 48.30.140, and
			 48.30.150.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-33 - Risk reduction for property insurance › Section 284-33-015 - Conditions of the risk reduction program, pilot risk reduction program, and disaster or emergency response activity

Current through Register Vol. 24-14, July 15, 2024
(1) Each insurer conducting any risk
			 reduction program, pilot risk reduction program, or disaster or emergency
			 response activity must maintain records regarding the insured's involvement
			 with the risk reduction program, pilot risk reduction program, or disaster or
			 emergency response activity for three years after its conclusion, and the
			 record must be made available to the commissioner upon request.
(2) If the commissioner finds that a risk
			 reduction program, pilot risk reduction program, or disaster or emergency
			 response activity is in violation of any provision of either Title 48 RCW or
			 284 WAC, or both, the commissioner may order the insurer to end the risk
			 reduction program, pilot risk reduction program, or disaster or emergency
			 response activity.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-33 - Risk reduction for property insurance › Section 284-33-020 - Notice to insureds participating in risk reduction program

Current through Register Vol. 24-14, July 15, 2024
(1) The insurer
			 must provide a clear and conspicuous notice to the named insured participating
			 in either a risk reduction program, pilot risk reduction program, or both, that
			 accurately describes the right to opt out. The notice must:
(a) Identify and describe all risk reduction
			 programs being offered to the insured;
(b) State the goods provided in a program are
			 owned by the named insured, even if the insurance is subsequently canceled or
			 nonrenewed;
(c) Inform the named
			 insured they may opt out of a program at any time;
(d) State that if an insured opts out of a
			 program the premium cost of the policy may change; and
(e) Include a reply form that contains the
			 opt out notice information.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-33 - Risk reduction for property insurance › Section 284-33-030 - Goods and services

Current through Register Vol. 24-14, July 15, 2024
(1) All goods or
			 services, or both, that are approved by the commissioner to be included within
			 a property insurer's risk reduction program, or pilot risk reduction program,
			 or both, must be implemented by the insurer to reduce either the probability of
			 damage or extent of damage, or both, by a peril covered under the property
			 policy, and may include:
(a) Smoke
			 alarms;
(b) Fire
			 extinguishers;
(c) Natural gas
			 detectors;
(d) Brush and other
			 wildfire fuel source removal services;
(e) Water monitors;
(f) Water shut off systems;
(g) Earthquake strapping;
(h) Locking mechanisms to secure
			 property;
(i) Lightning protection
			 devices;
(j) Security
			 lighting;
(k) Security camera
			 systems;
(l) Home safety monitoring
			 systems; and
(m) Other goods or
			 services, or both, the commissioner may approve through a form
			 filing.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-33 - Risk reduction for property insurance › Section 284-33-040 - Pilot program filing

Current through Register Vol. 24-14, July 15, 2024
(1) To qualify as a
			 pilot program as described in
			 RCW
			  48.18.558(6), a form for the
			 pilot risk reduction program must be filed with and approved by the
			 commissioner prior to offer to insured.
(2) Within the submitted form of the pilot
			 risk reduction program, the insurer must provide the same information it offers
			 its participants of the pilot risk reduction program, including:
(a) The intent of the pilot risk reduction
			 program;
(b) A description of
			 either the goods or services, or both, offered in the pilot risk reduction
			 program; and
(c) The intended start
			 date of the pilot risk reduction program.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-33 - Risk reduction for property insurance › Section 284-33-050 - Identifying disaster or emergency response activity

Current through Register Vol. 24-14, July 15, 2024
To be exempt from
				RCW
				 48.18.558,
				48.19.530,
				48.30.140,
				and
				48.30.150,
				all disaster or emergency response activity by property insurers must be as a
				result of imminent threat of damage to an insured's covered property and must
				be undertaken to either prevent or mitigate, or both, damage from a covered
				event to the insured's property and may include:
(1) Wildfire suppression and defense
			 measures; and
(2) Floodwater
			 diversion and sandbagging.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-100 - What is the purpose of this regulation?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this regulation, WAC
				284-34-100 through
				284-34-260, is to protect debtors
				and the public by establishing a system of rate, policy form, and operating
				standards for the transaction of consumer credit insurance. This regulation
				interprets and implements the sections of
				Title
				48 RCW that apply to consumer
				credit insurance, including, but not limited to, the following sections:
				RCW
				 48.02.060(3)(a),
				48.24.040 and chapter 48.34
				RCW.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.34.100, and
				  48.34.110. 05-02-076 (Matter No. R
				  2002-02), §
										284-34-100, filed 1/4/05,
				  effective 4/1/05.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-110 - What definitions are important throughout this regulation?

Current through Register Vol. 24-14, July 15, 2024
(1)
"Affiliate"
has the same meaning as stated in
			 RCW
			  48.31B.005(1).
(2)
"Closed-end credit"
means
			 any credit transaction that does not meet the definition of open-end
			 credit.
(3)
"Control"
has the same meaning as stated in
			 RCW
			  48.31B.005(2).
(4)
"Compensation"
means any
			 form of payment that results directly from the sale of consumer credit
			 insurance, including:
(a)
			 Commissions;
(b)
			 Dividends;
(c) Equipment;
(d) Expense allowances or
			 reimbursements;
(e) Experience
			 refunds;
(f) Facilities;
(g) Gifts;
(h) Goods or services;
(i) Retrospective rate credits; or
(j) Service fees.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-120 - What rights do debtors have?

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 debtor has the right to know about all available credit insurance plans. The
			 creditor must inform every debtor about:
(a)
			 Each plan of insurance for which the debtor is eligible; and
(b) The premium or insurance charge for each
			 plan of insurance.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-130 - What obligations do insurers have?

Current through Register Vol. 24-14, July 15, 2024
(1) If the creditor adds insurance charges or
			 premiums to the debt, the insurer must collect the premium or charges within
			 sixty days after it is added to the debt.
(2) If the debtor refinances and pays off the
			 debt before the scheduled maturity date, the insurer must terminate existing
			 insurance before any new insurance may be issued to provide coverage for the
			 refinanced debt.
(3) If insurance
			 coverage ends due to prepayment before the scheduled maturity date, the insurer
			 must terminate coverage and comply with WAC
			 284-34-190 and refund all
			 unearned insurance or premium charges and cause those amounts to be paid or
			 credited to the debtor. The following exceptions apply:
(a) The insurer does not have to refund
			 insurance charges or premiums for any coverage under which a lump sum insurance
			 benefit is paid.
(b) The insurer
			 does not have to refund insurance charges or premiums for any period of
			 disability under which credit accident and health benefits are paid.
(c) The insurer must comply with WAC
			 284-34-170(1)(d)(ii),
			 which says that disability premium charges must be returned for the months
			 following the billing month in which the disability occurred.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-140 - How will the commissioner determine if benefits are reasonable in relation to premium charges?

Current through Register Vol. 24-14, July 15, 2024
(1) Insurers
			 must provide consumer credit insurance benefits that are reasonable in relation
			 to the premium charged. This means that debtors must be provided reasonable
			 benefits in return for their premium payments.
(a) The commissioner presumes that the rates
			 in WAC 284-34-150 and
			 284-34-170, as adjusted under WAC
			 284-34-210, satisfy this
			 standard. These rates allow:
(i) Sixty
			 percent of premium for benefits on one debtor; and
(ii) Forty percent of premium for expenses
			 and profit.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-150 - What are the standards for prima facie credit life insurance rates?

Current through Register Vol. 24-14, July 15, 2024
Subject to WAC
				284-34-160 and
				284-34-220, the commissioner
				presumes the prima facie rates shown below meet the requirements of WAC
				284-34-140. An insurer may use
				these rates without filing additional actuarial support.
(1) Monthly outstanding balance basis:
(a) Outstanding insured debt:
(i) Single life: Sixty cents per month per
			 one thousand dollars of outstanding insured debt.
(ii) Joint life: Ninety-six cents per month
			 per one thousand dollars of outstanding insured debt.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-160 - What mandatory benefits apply to prima facie credit life insurance rates?

Current through Register Vol. 24-14, July 15, 2024
The premium rates in WAC
				284-34-150 apply to credit life
				insurance contracts that contain terms as favorable to insured debtors as the
				terms below:
(1) Suicide:
(a) An insurer may exclude coverage for
			 suicide occurring within one year after the effective date of the
			 coverage.
(b) Open-ended credit
			 transactions: An insurer may apply a new suicide exclusion period to the
			 portion of a new advance or charge that causes the amount of credit life
			 insurance to exceed the greatest amount previously subject to this
			 exclusion.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-180 - What mandatory benefits apply to prima facie credit accident and health insurance rates?

Current through Register Vol. 24-14, July 15, 2024
The premium rates in WAC
				284-34-170 apply to contracts
				providing credit accident and health insurance that contain terms as favorable
				to insured debtors as the terms below:
(1) The insurer may exclude benefits for
			 disabilities that result from the following:
(a) War or any act of war;
(b) Elective surgery;
(c) Intentionally self-inflicted
			 injury;
(d) Flight in any aircraft
			 other than a commercial scheduled aircraft;
(e) A preexisting condition. The preexisting
			 condition exclusion does not apply to disabilities that begin at least six
			 months after the effective date.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-190 - What refund formulas are allowed?

Current through Register Vol. 24-14, July 15, 2024
(1) The commissioner must approve refund
			 formulas before they are used. The insurer must state the basis for the refund
			 in the policy or certificate delivered to the debtor. The following methods, or
			 other methods approved by the commissioner must be used:
(a) Pro rata method. The pro rata unearned
			 gross premium method must be used for:
(i)
			 Level term credit life insurance;
(ii) Credit accident and health insurance if
			 the insured is covered for a constant maximum indemnity; and
(iii) All credit insurance where the debtor
			 is not charged on the single premium basis.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-200 - Do insurers have to file experience reports?

Current through Register Vol. 24-14, July 15, 2024
Each authorized insurer in this state must file an annual
				report of consumer credit insurance written on a calendar year basis. The
				insurer must file the report with the commissioner and the National Association
				of Insurance Commissioners (NAIC). The report must:
(1) Use the Credit Insurance Supplement -
			 Annual Statement Blank approved by the NAIC;
(2) Contain data separately for each state.
			 An insurer may not use an allocation of its country-wide experience;
			 and
(3) Be filed by the due date in
			 the instructions to the annual statement.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.34.100, and
				  48.34.110. 05-02-076 (Matter No. R
				  2002-02), §
										284-34-200, filed 1/4/05,
				  effective 4/1/05.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-210 - When will the commissioner adjust prima facie rates, and how will rate changes be implemented?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Every three years, the commissioner will review the loss ratio standards in WAC
			 284-34-140 and the prima facie
			 rates in WAC
			 284-34-150 and
			 284-34-170 to:
(a) Determine the rate of expected claims on
			 a statewide basis;
(b) Compare the
			 rate of expected claims with the rate of actual claims for the preceding three
			 years using data reported in the annual statement supplement or other available
			 source(s);
(c) Determine if new
			 rates should be published based on the rate of expected claims; and
(d) If needed, publish new statewide prima
			 facie rates, and establish a date when all insurers must file new
			 rates.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-220 - What rates may an insurer use for its direct business?

Current through Register Vol. 24-14, July 15, 2024
(1) An insurer may file rates that are
			 equivalent to the prima facie rates in WAC
			 284-34-150 and
			 284-34-170 and use those rates
			 without further proof of their reasonableness.
(2) An insurer must file rates and supporting
			 actuarial documentation if it proposes:
(a)
			 Policy provisions more restrictive than those allowed for prima facie rates;
			 or
(b) Rates higher than those
			 developed according to the standard case rating procedure.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-34 - Credit life and credit accident and health insurance › Section 284-34-230 - What obligations does an insurer have to supervise consumer credit operations?

Current through Register Vol. 24-14, July 15, 2024
Each insurer transacting credit insurance in this state
				must:
(1) Periodically conduct a
			 complete review of creditors. This review must include all aspects of the
			 credit insurance business and assure compliance with all state insurance laws
			 and regulations.
(2) Maintain
			 written records of the reviews for examination by the commissioner for at least
			 three years.
(3) Maintain a list of
			 all licensed individuals who have sold or been compensated for the sale of
			 consumer credit insurance. This list must show a licensed individual for each
			 consumer credit insurance policy or certificate issued.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.34.100, and
				  48.34.110. 05-02-076 (Matter No. R
				  2002-02), §
										284-34-230, filed 1/4/05,
				  effective 4/1/05.