reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-390

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-390, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-400

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-400, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-410

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-410, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-420

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-420, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-430

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-430, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-440

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-440, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-910

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-910, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-920

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-920, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-930

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-930, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-940

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-940, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-950

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-950, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-18A - Health care service contractor and health maintenance holding company regulation › Section 284-18A-960

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050,
				  48.46.200, chapter 48.31C RCW.
				  02-21-123 (Matter No. R 2001-08), §
										284-18A-960, filed 10/23/02,
				  effective 11/23/02.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-010 - Title

Current through Register Vol. 24-14, July 15, 2024
These rules and regulations are titled the
Washington
				essential property insurance inspection and placement program
(referred
				to as the program).
Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-010, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-010, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-020 - Purposes of program

Current through Register Vol. 24-14, July 15, 2024
The purposes of the program are:
(1) To assure stability in the property
			 insurance market of this state.
(2)
			 To encourage maximum use, in obtaining essential property insurance, of the
			 available, normal insurance market provided by authorized insurers.
(3) To make essential property insurance
			 available where it cannot be obtained through the normal insurance market,
			 subject to the conditions stated in this chapter.
(4) To encourage the improvement of the
			 condition of properties located in the state of Washington and to further
			 orderly community development.
(5)
			 To establish a FAIR plan (fair access to insurance requirements), an industry
			 placement facility and a joint reinsurance association for the equitable
			 distribution and placement of risks among insurers in the manner and subject to
			 the conditions stated in this chapter.
Statutory Authority:
				  RCW
				  48.02.060. 06-15-030 (Matter No. R 2006-03),
				  §
										284-19-020, filed 7/10/06,
				  effective 8/10/06; 98-13-095 (Matter No. R 98-10), §
										284-19-020, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-020, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-040 - Participation

Current through Register Vol. 24-14, July 15, 2024
Participation in this program is mandatory for all insurers and
				fraternal benefit societies authorized to engage in the property insurance
				business in this state, who have "premiums written," as defined in this
				chapter.
Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-040, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-040, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-050 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Insurer" means
			 any insurance company or other organization licensed to write and engage in
			 writing property insurance business, including the property insurance
			 components of multiperil policies, on a direct basis, in this state.
(2) "Essential property insurance" means the
			 coverage against direct loss to real and tangible personal property at a fixed
			 location that is provided in the standard fire policy and extended coverage
			 endorsement, and shall include also the perils of vandalism and malicious
			 mischief and such additional lines of property insurance as may be designated
			 by the commissioner. Essential property insurance specifically includes
			 insurance against direct loss to property which is being constructed or
			 rehabilitated (builder's risk coverage). It does not include automobile
			 insurance or insurance on farm or manufacturing risks.
(3) "Industry placement facility" (referred
			 to as the facility) means the organization formed by insurers to assist
			 applicants in securing essential property insurance and to administer the FAIR
			 plan and the joint reinsurance association.
(4) "Inspection bureau" means the Washington
			 Surveying and Rating Bureau.
(5)
			 "Premiums written" means gross direct premiums (excluding that portion of
			 premiums on risks ceded to the joint reinsurance association) charged during
			 the second preceding calendar year with respect to property in this state on
			 all policies of property insurance and property insurance components of all
			 multiperil policies, as defined and computed by the facility, less return
			 premiums, dividends paid or credited to policyholders, or the unused or
			 unabsorbed portions of premium deposits.
(6) A "service insurer" means any company
			 designated by the facility and approved by the commissioner to issue policies
			 under this program.
(7)
			 "Commissioner" means the commissioner of insurance of the state of
			 Washington.
Statutory Authority:
				  RCW
				  48.02.060. 06-15-030 (Matter No. R 2006-03),
				  §
										284-19-050, filed 7/10/06,
				  effective 8/10/06; 98-13-095 (Matter No. R 98-10), §
										284-19-050, filed 6/16/98,
				  effective 7/17/98; Order R-73-2, §
										284-19-050, filed 3/30/73; Order
				  R-70-1, §
										284-19-050, filed 7/31/70; Order
				  R-69-1, §
										284-19-050, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-060 - FAIR plan - Inspections and reports

Current through Register Vol. 24-14, July 15, 2024
(1) Any person having an insurable interest
			 in real or tangible personal property at a fixed location is entitled to an
			 inspection of the property by the inspection bureau at no cost, upon
			 application to the facility. The inspection may be requested by the property
			 owner, a representative of the property owner, the insurer, or the insurance
			 producer and need not be in writing. Requests for inspections shall be
			 transcribed on a form approved by the facility. A deposit premium is not
			 required as a precondition to inspection.
(2) The owner of the building need not be
			 present for a tenant to obtain an inspection, but the inspection bureau must be
			 provided full access to the property for which insurance is sought.
(3) An inspection report shall be made for
			 each property inspected. The report shall cover pertinent structural and
			 occupancy features as well as the general condition of the building and
			 surrounding structures. A representative photograph of the property may be
			 taken during the inspection.
(4)
			 During the inspection, the inspector shall point out features of structure and
			 occupancy to the applicant or a representative of the applicant, if present,
			 and shall indicate those features which may result in condition charges if the
			 risk is accepted. The inspector has no authority to advise whether the facility
			 will provide the coverage.
(5) The
			 report shall include a rate make-up statement, including any condition charges
			 or surcharges imposed by inspection or under the program, or under any
			 substandard rating plan approved by the commissioner. A copy of the inspection
			 report shall be made available to the applicant or the applicant's agent upon
			 request.
Statutory Authority:
				  RCW
				  48.02.060. 06-15-030 (Matter No. R 2006-03),
				  §
										284-19-060, filed 7/10/06,
				  effective 8/10/06; 98-13-095 (Matter No. R 98-10), §
										284-19-060, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-060, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-070 - FAIR plan business - Distribution and placement

Current through Register Vol. 24-14, July 15, 2024
(1) The facility shall not require that the
			 applicant demonstrates that he or she is unable to obtain insurance in the
			 normal market, as a precondition to the placement of business under the FAIR
			 plan. The facility, however, may require an insurance producer to furnish
			 copies of documents or information showing what effort was made by the
			 insurance producer to obtain insurance in the normal market. The facility shall
			 forward to the commissioner the names of insurance producers who fail to
			 cooperate or who appear to fail to make reasonable efforts on behalf of
			 applicants for insurance to obtain insurance in the normal market.
(2) Assessments upon each insurer
			 participating in this program shall be levied by the facility on the same
			 percentage allocation basis as the insurer's premiums written bears to the
			 total of all premiums written by all insurers participating in the program.
(a) The maximum limit of liability that may
			 be placed through this program on any one property at one location is
			 $1,500,000. The facility undertakes the responsibility of seeking to place that
			 portion of a risk that exceeds $1,500,000.
(b) The term "at one location" as used in
			 this chapter refers to real and personal property consisting of and contained
			 in a single building, or consisting of and contained in contiguous buildings
			 under one ownership.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-080 - Procedure after inspection and submission

Current through Register Vol. 24-14, July 15, 2024
(1) Within three business days after receipt
			 of the inspection report, the facility shall notify the insured and the agent
			 that:
(a) The risk is acceptable;
			 or
(b) The risk will be acceptable
			 if the improvements noted in the action report are made by the applicant and
			 confirmed by reinspection; or
(c)
			 The risk is not acceptable for the reasons stated in the action
			 report.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-090 - Joint reinsurance association

Current through Register Vol. 24-14, July 15, 2024
(1) A joint reinsurance association referred
			 to as the association is created consisting of all insurers.
(2) The association is authorized to assume
			 and cede reinsurance on behalf of insurers for eligible risks written by
			 insurers through the FAIR plan. The reinsurance assumed by the association is
			 100% of each risk written under this program under $1,500,000.
(3) Each insurer participates in the total
			 writings, expenses, profits and losses of the association in proportion to its
			 premiums written.
(4) If any
			 reinsuring member fails, by reason of insolvency, to pay its proportion of any
			 expense or of any loss as an assuming reinsurer incurred by the facility under
			 the program, the unpaid loss or expense shall be paid by the remaining members.
			 Each remaining member contributes in the manner provided for in the
			 distribution of expenses and losses under the program, deleting the proportion
			 of the defaulting member. The facility is subrogated to the rights of the
			 remaining members in any liquidation proceeding and has full authority on their
			 behalf to exercise such rights in any action or proceeding.
Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-090, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-090, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-100 - Standard policy coverage - Coding

Current through Register Vol. 24-14, July 15, 2024
All policies issued shall be for essential property insurance
				on standard policy forms. The policies shall be separately coded and issued for
				a term of one year, at rates set by the inspection bureau under filings
				approved by the commissioner. Individual company deviation filings shall not
				apply to risks written under this program.
Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-100, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-100, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-110 - Cancellation and nonrenewal under this program

Current through Register Vol. 24-14, July 15, 2024
(1) The facility shall not cancel or nonrenew
			 a policy issued under this program except:
(a) For cause which would have been grounds
			 for nonacceptance of the risk under the program had the cause been known to the
			 insurer at the time of acceptance; or
(b) For nonpayment of premium; or
(c) With the approval of the governing
			 committee.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-120 - Right of appeal

Current through Register Vol. 24-14, July 15, 2024
(1) Any applicant
			 or insurer has a right of appeal to the committee, including the right to
			 appear in person before the committee, if requested by the party seeking
			 appeal.
(2) A decision of the
			 committee may be appealed to the commissioner.
(3) Each denial of insurance under this
			 program shall be accompanied by a statement setting forth the provisions of
			 this section.
(4) Notification of
			 appeal may be made to the committee through the manager of the facility or any
			 member of the committee.
(5) All
			 appeals to the committee or to the commissioner shall be in writing and must
			 indicate in what respect the applicant feels aggrieved.
(6) The committee shall make decisions in
			 writing on appeals within fifteen business days after notification of appeal is
			 received, unless delayed by mutual consent. The majority of committee members
			 must concur in all decisions adverse to the party seeking appeal.
(7) Appeals to the commissioner under this
			 program, in all other respects not set forth in this chapter, shall be handled
			 in accordance with chapters 48.04 and
			 34.05 RCW (Administrative Procedure
			 Act).
Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-120, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-120, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-130 - Commission

Current through Register Vol. 24-14, July 15, 2024
Commission under this program shall be 10 percent on the policy
				premium and paid to the licensed producer designated by the
				applicant.
Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-130, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-130, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-140 - Administration

Current through Register Vol. 24-14, July 15, 2024
(1) This program
			 shall be administered by a governing committee (referred to as the committee)
			 of the facility, subject to the supervision of the commissioner, and operated
			 by a manager appointed by the committee.
(2) The committee consists of nine members,
			 including six insurers, as follows:
(a)
			 Property insurers represented by any trade association(s) shall designate or
			 elect three members. Any such trade association not already represented on the
			 committee may request representation by contacting the FAIR plan manager. The
			 allocation of these three committee members will be made in accordance with
			 applicable committee operating procedures and directives;
(b) All other stock insurers shall elect one
			 member by a majority vote counted on a weighted basis in accordance with each
			 insurer's premiums written and the aggregate premiums written for all insurers
			 in this respective group;
(c) All
			 other nonstock insurers shall elect one mem-ber by a majority vote counted on a
			 weighted basis in accordance with each insurer's premiums written and the
			 aggregate premiums written for all insurers in this respective group;
(d) A sixth member must be an insurer
			 designated as the service insurer under the program, and the commissioner shall
			 designate a sixth member if there is more than one service insur-er;
(e) The other three members are individuals
			 who are appointed by the commissioner to serve, none of whom have a direct or
			 indirect interest in any insurer except as a policyholder;
(f) Not more than one insurer in a group
			 under the same management or ownership shall serve on the committee at the same
			 time; and
(g) One of the six
			 insurers on the governing committee must be a domestic insurer.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-150 - Annual and special meetings

Current through Register Vol. 24-14, July 15, 2024
(1)
			 There shall be an annual meeting of the insurers on a date fixed by the
			 committee.
(2) A special meeting
			 may be called at a time and place designated by the committee or upon the
			 written request to the committee of any ten insurers, not more than one of
			 which may be a group under the same management or ownership.
(3) Twenty days' notice of the annual or
			 special meeting must be given in writing by the committee to the insurers. A
			 majority of the insurers constitutes a quorum. Voting by proxy is permitted.
			 Notice of any meeting must be accompanied by an agenda for the
			 meeting.
(4) Any matter, including
			 amendment of this program, may be proposed and voted upon by mail, provided the
			 procedure is unanimously authorized by the members of the committee present and
			 voting at any meeting of the committee. If approved by the committee, notice of
			 any proposal is mailed to the insurers not less than 20 days prior to the final
			 date fixed by the committee for voting.
(5) At any regular or special meeting at
			 which the vote of the insurers is or may be required on any proposal, including
			 amendment to this program, or any vote of the insurers which may be taken by
			 mail on any proposal, such votes must be cast and counted on a weighted basis
			 in accordance with each insurer's premiums written. A proposal becomes
			 effective when approved by at least two-thirds of the votes cast on the
			 weighted basis, except amendments to this program that will require
			 administrative action by the commissioner.
Statutory Authority:
				  RCW
				   48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-150, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-150, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-160 - Duties of the committee

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 committee shall meet as often as may be required to perform the general duties
			 of the administration of the program or on the call of the commissioner. Three
			 insurers of the committee shall constitute a quorum.
(2) The committee may appoint a manager to
			 budget expenses, levy assessments, disburse funds and perform all other duties
			 provided in this chapter or necessary or incidental to the proper
			 administration of the program. The manager serves at the pleasure of the
			 committee. The adoption of or substantive changes in pension plans or employee
			 benefit programs is subject to approval of the insurers. Assessments upon each
			 insurer shall be levied on the basis of its premiums written.
(3) Annually the manager prepares an
			 operating budget that is subject to approval of the committee. The budget shall
			 be furnished to the insurers after approval. Any contemplated expenditure in
			 excess of or not included in the annual budget requires prior approval by the
			 committee.
(4) The committee
			 furnishes to all insurers and to the commissioner a written report of
			 operations annually in a form and detail as the committee may
			 determine.
Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-160, filed 6/16/98,
				  effective 7/17/98; Order R-69-1, §
										284-19-160, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-165 - Cooperation of producers

Current through Register Vol. 24-14, July 15, 2024
All licensed insurance producers shall provide full cooperation
				in carrying out the aims and the operation of the FAIR plan.
Statutory Authority:
				  RCW
				  48.02.060(3)(a) and
				  48.17.010(5).
				  11-01-159 (Matter No. R 2010-09), §
										284-19-165, filed 12/22/10,
				  effective 1/22/11; Order R-69-1, §
										284-19-165, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-170 - Public education and notices required

Current through Register Vol. 24-14, July 15, 2024
(1) All insurers shall undertake a continuing
			 public education program in cooperation with producers and others, to assure
			 that the program receives adequate public attention.
(2) All insurers terminating a property
			 insurance policy shall give any policyholder eligible for coverage under this
			 program notice of cancellation or refusal to renew as required under
			 chapters
			 48.18 and 48.53 RCW. The
			 insurers shall explain the procedure for making application under this program
			 in or accompanying the notice. A notice of cancellation or refusal to renew
			 must include contact information for the office of the Washington state
			 insurance commissioner's consumer protection services, including the consumer
			 protection division's hotline phone number and the agency's web site address,
			 and a statement that the consumer may contact the office of the insurance
			 commissioner for assistance with questions or complaints.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.22.105. 12-19-081 (Matter No. R
				  2012-13), §
										284-19-170, filed 9/18/12,
				  effective 4/1/13. Statutory Authority:
				  RCW
				  48.02.060. 98-13-095 (Matter No. R 98-10),
				  §
										284-19-170, filed 6/16/98,
				  effective 7/17/98; Order R 77-1, §
										284-19-170, filed 3/24/77; Order
				  R-69-1, §
										284-19-170, filed
				  1/28/69.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-19 - Washington essential property insurance inspection and placement program › Section 284-19-180 - Statistics, records and reports

Current through Register Vol. 24-14, July 15, 2024
(1)
Statistics.
The facility
			 shall maintain separate statistics on business written in accordance with this
			 plan. The facility shall make:
(a) A
			 quarterly report to the commissioner including:
(i) Number of requests for
			 inspections,
(ii) Number of risks
			 inspected,
(iii) The number of
			 risks accepted, total and average premiums charged, high and low
			 premiums,
(iv) The number of risks
			 declined, and
(v) The number of
			 reinspections made on conditionally declined risks.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-006 - Washington Insurance Examining Bureau, Inc. - Audits to test adherence to rate filings

Current through Register Vol. 24-14, July 15, 2024
(1) In
			 performing the duty of determining that lawful premiums are being charged, the
			 commissioner finds that it is not reasonable or necessary, with regard to any
			 kind of insurance, to mandate that data relating to all policies issued be
			 submitted for examination. The commissioner finds, however, as to all kinds of
			 insurance falling within the scope of
			 chapter
			 48.19 RCW, that occasions
			 may arise where documents with respect to certain policies should be submitted
			 for examination in order to determine that lawful rates are being charged. The
			 required submission should be on a random audit basis or by designation of
			 certain specific policies.
(2)
			 Based on the preceding subsection and under
			 RCW
			  48.19.410 every insurer authorized to write
			 property or casualty insurance in the state of Washington:
(a) May submit to the Washington Insurance
			 Examining Bureau, Inc., for examination, the following information that relates
			 to property insurance as defined in
			 RCW
			  48.11.040:
(i) Any policies and the related daily
			 reports;
(ii) Binders;
(iii) Renewal certificates;
(iv) Endorsements; and
(v) Other evidences of insurance or the
			 cancellation of insurance.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-020 - Time of inception and expiration

Current through Register Vol. 24-14, July 15, 2024
Every basic contract of fire insurance shall provide only 12:01
				a.m. standard time as the time of inception and expiration. The contract, by
				endorsement or otherwise, shall also contain language in substance as follows:
				"To the extent that coverage contained in this policy replaces coverage in
				another policy terminating at a different hour on the effective date of this
				policy, this policy shall be effective at the same hour as the termination hour
				of the other policy."
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.01.030,
				  48.05.280,
				  48.15.100 and
				  48.15.170. 98-22-109 (Matter No. R
				  98-13), §
										284-20-020, filed 11/4/98,
				  effective 12/5/98; Order R 77-2, §
										284-20-020, filed
				  4/28/77.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 this regulation, WAC
			 284-20-030 through
			 284-20-050, is to describe the
			 kinds of risks and coverages that may be classified under the insurance code as
			 marine, inland marine or transportation insurance. This regulation does not
			 include all of the kinds of risks and coverages that may be written, classified
			 or identified under marine, inland marine or transportation insuring powers,
			 nor shall it mean that the kinds of risks and coverages are solely marine,
			 inland marine or transportation insurance in all instances.
(2) This regulation does not restrict or
			 limit in any way the exercise of any insuring powers granted under charters and
			 license.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.01.030,
				  48.05.280,
				  48.15.100 and
				  48.15.170. 98-22-109 (Matter No. R
				  98-13), §
										284-20-030, filed 11/4/98,
				  effective 12/5/98; Order R 77-3, §
										284-20-030, filed 5/20/77; Rule
				  made 7/31/53, filed 3/22/60.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-040 - Classification of risks and coverages

Current through Register Vol. 24-14, July 15, 2024
Marine and/or transportation policies may cover under the
				following conditions:
(1)
Imports.
(a) Imports may be
			 covered wherever the property may be and without restriction as to time,
			 provided the coverage of the issuing companies includes hazards of
			 transportation.
(b) An import, as a
			 proper subject of marine or transportation insurance, is deemed to maintain its
			 character as such, so long as the property remains segregated in such a way
			 that it can be identified and has not become incorporated and mixed with the
			 general mass of property in the United States, and is deemed to have been
			 completed when the property has been:
(i)
			 Sold and delivered by the importer, factor or consignee; or
(ii) Removed from place of storage and placed
			 on sale as part of importer's stock in trade at a point of sale-distribution;
			 or
(iii) Delivered for manufacture,
			 processing or change in form to premises of the importer or of another used for
			 any such purposes.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-050 - Excluded coverages

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise permitted, WAC
				284-20-030 and
				284-20-040 do not permit marine
				or transportation policies to cover:
(1) Storage of insured's merchandise, except
			 as provided in this chapter.
(2)
			 Merchandise in course of manufacture, the property of and on the premises of
			 the manufacturer.
(3) Furniture and
			 fixtures and improvements and betterments to buildings.
(4) Moneys and/or securities in safes,
			 vaults, safety deposit vaults, bank or insured's premises, except while in
			 course of transportation.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.01.030,
				  48.05.280,
				  48.15.100 and
				  48.15.170. 98-22-109 (Matter No. R
				  98-13), §
										284-20-050, filed 11/4/98,
				  effective 12/5/98; Order R 77-3, §
										284-20-050, filed 5/20/77; Rule
				  made 1/31/56, filed 3/22/60.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-200 - Retention of policy forms

Current through Register Vol. 24-14, July 15, 2024
Beginning July 1, 1996, every insurer shall adopt a record
				retention procedure and shall maintain records sufficient to reconstruct a copy
				of every general liability insurance policy issued for delivery in this state
				to a Washington resident on or after July 1, 1996.
(1) Records may be kept in any reasonable and
			 customary format, including any photographic or electronic format.
(2) Records shall be kept for at least twenty
			 years following the expiration date of the policy.
(3) The insurer shall maintain the capacity
			 to retrieve records sufficient to reconstruct any policy by name of the named
			 insured(s) as shown on the policy declarations page and by policy
			 number.
(4)
(a) The insurer shall keep either a copy of
			 each form of general liability insurance policy issued to a resident of this
			 state so that it can be matched to an insured's record upon request, or a copy
			 of the insured's policy as issued. For manuscript policies, the insurer shall
			 retain a copy of the insured's policy as issued.
(b) For each insured, the insurer shall
			 maintain at least the following information as the insured's record:
(i) The name of all named insureds as shown
			 on the policy declarations page;
(ii) The address of the named insured as
			 shown on the policy declarations page;
(iii) The name of any additional named
			 insured(s);
(iv) The policy
			 number;
(v) The form number(s) or a
			 copy of the insured's policy as issued;
(vi) The limits of liability;
(vii) The annual premium;
(viii) The form number(s) or a copy of any
			 endorsement(s); and
(ix) The policy
			 period.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20 - Insurance policies › Section 284-20-300 - Mandatory offering of personal injury protection and required language when underinsured motorist coverage is rejected

Current through Register Vol. 24-14, July 15, 2024
(1) Insurers issuing an automobile liability
			 insurance policy must offer the minimum personal injury protection coverage
			 limits required in
			 RCW
			  48.22.095, and must make available, if
			 requested, additional personal injury protection limits as defined in
			 RCW
			  48.22.100. Insurers may also offer other
			 personal injury protection limits, in addition to these required
			 offerings.
(2) If the named insured
			 rejects personal injury protection coverage, the insurer must promptly delete
			 the coverage after the insurer receives the rejection notice from the named
			 insured. The insurer must retain a copy of the rejection notice or request to
			 delete coverage with the policy record.
(3) The written rejection of underinsured
			 motorist coverage, as allowed by
			 RCW
			  48.22.030(4), must include
			 the following statement, "In order to provide for an informed decision of the
			 potential consequences of rejecting underinsured motorist coverage; the
			 undersigned acknowledges that by rejecting underinsured motorist coverage there
			 is exposure to the risk of not being sufficiently insured for injury and/or
			 damages when involved in an accident with a driver of an underinsured vehicle."
			 Such notice shall be prominently placed above the signature area and be
			 bold.
(4) Insurers may use
			 electronic forms, electronic signatures and electronic attestations, in
			 accordance with  15 U.S.C. Sec. 7001, to comply with this rule. The insurer must
			 maintain an auditable compliance record and provide this information to the
			 commissioner upon request.
(5) This
			 section does not apply to corporations, partnerships, or any other nonhuman
			 entity named as the insured.
Statutory Authority:
				  RCW
				   48.02.060 and
				  48.22.105. 10-10-058 (Matter No. R
				  2008-13), §
										284-20-300, filed 4/29/10,
				  effective 5/30/10.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20A - Rules that apply to insurers that underwrite medical malpractice insurance › Section 284-20A-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter describes the underwriting restrictions that apply
				to medical malpractice insurers under
				RCW
				 48.18.290,
				48.18.2901 and
				48.18.547.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.18.547. 06-17-054 (Matter No. R
				  2006-01), §
										284-20A-010, filed 8/10/06,
				  effective 9/10/06.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20A - Rules that apply to insurers that underwrite medical malpractice insurance › Section 284-20A-020 - Definitions that apply to RCW 48.18.290, 48.18.2901, 48.18.547 and this chapter

Current through Register Vol. 24-14, July 15, 2024
The definitions in
				RCW
				 48.18.547(1) apply to this
				chapter. In addition, the definitions in this section apply throughout the
				chapter:
(1)
"Medical
			 malpractice"
has the same meaning as in
			 RCW
			  48.140.010(9).
(2)
"Provider"
includes both a
			 facility and provider as defined in
			 RCW
			  48.140.010(6) and
			 (7).
(3)
"Risk profile"
means
			 characteristics of a provider that increase or decrease the potential for
			 future medical malpractice claims that may fall in the scope of coverage of a
			 medical malpractice insurance policy.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.18.547. 06-17-054 (Matter No. R
				  2006-01), §
										284-20A-020, filed 8/10/06,
				  effective 9/10/06.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20A - Rules that apply to insurers that underwrite medical malpractice insurance › Section 284-20A-030 - Information a medical malpractice insurer must provide to the insured if the insurer takes an adverse underwriting action

Current through Register Vol. 24-14, July 15, 2024
Significant risk factors are the components of a risk profile
				that require notice under
				RCW
				 48.18.547(3). If a provider
				has any significant risk factors that affect the provider's risk profile and
				may increase the potential for future medical malpractice claims, the insurer
				must explain each significant risk factor to the insured in clear and simple
				language.
(1) The insurer must explain
			 to the insured how each significant risk factor adversely affects the
			 insured's:
(a) Eligibility for
			 insurance;
(b) Eligibility for
			 premium credits; or
(c) Ability to
			 buy insurance without the application of rating rules that result in premium
			 debits, surcharges, or assessments.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20A - Rules that apply to insurers that underwrite medical malpractice insurance › Section 284-20A-040 - Use of "substantive underwriting factors" when underwriting new or existing medical malpractice insurance policies

Current through Register Vol. 24-14, July 15, 2024
(1) The definition of "underwriting" in
			 RCW
			  48.18.547(1)(e) is broad,
			 and includes selecting, rejecting and pricing a risk. Underwriting occurs when
			 a provider first applies for insurance and when the insurer evaluates the
			 provider for renewal purposes.
(2)
			 Insurers are prohibited from considering the factors listed in
			 RCW
			  48.18.547(2) during any
			 underwriting process unless the insurer can demonstrate that other substantive
			 underwriting factors were also considered. Upon request by the commissioner, an
			 insurer must demonstrate that a completed underwriting process complies with
			 RCW
			  48.18.547(2). Insurers must
			 retain documentation of each underwriting process for three years.
(3) For the purposes of this section:
(a)
"Substantive underwriting
			 factor"
means a factor that is very important to an underwriting
			 decision. An insurer may use other substantive underwriting factors in an
			 underwriting process if they are comparable in importance to the factors listed
			 in this definition. Examples of substantive underwriting factors include, but
			 are not limited to:
(i) Criminal acts,
			 including sexual misconduct;
(ii)
			 Changes in financial condition;
(iii) Changes in operations that have a
			 reasonable relationship to underwriting, such as changes in:
(A) Management or professional
			 staff;
(B) Location of
			 business;
(C) Business
			 relationships;
(D) Medical
			 specialty; or
(E) Medical
			 procedures performed;
(iv) Failure to comply with loss control or
			 loss prevention recommendations within a reasonable period;
(v) Failure to provide information necessary
			 to underwrite the policy;
(vi)
			 History of claims, if the insurer can demonstrate they adversely affect the
			 insured's risk profile;
(vii)
			 Investigations, disciplinary action, restrictions or limitations imposed by or
			 related to a state or federal licensing or administrative agency, law
			 enforcement agency, attorney general, or similar agency or official;
(viii) Performing procedures outside the
			 scope of an individual's license and/or training;
(ix) Substance abuse;
(x) Inadequate facilities, equipment, or
			 maintenance of facilities or equipment;
(xi) Inadequate staff training
			 program;
(xii) Peer review or
			 credentialing actions, or changes in staff privileges, such as suspension,
			 restriction, revocation, surrendered privileges, or other termination;
			 or
(xiii) Unprofessional conduct,
			 as defined in
			 RCW
			  18.130.180.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20A - Rules that apply to insurers that underwrite medical malpractice insurance › Section 284-20A-050 - What constitutes a medical malpractice insurance policy for the purposes of RCW 48.18.290 (1)(b) and 48.18.2901 (1)(a)(ii)?

Current through Register Vol. 24-14, July 15, 2024
A medical malpractice insurance policy means an insurance
				policy written with the principal intent to provide medical malpractice
				insurance. For the purposes of this section, a policy does not include medical
				malpractice insurance written as ancillary coverage to a general liability or
				package policy if the principal exposure insured is not medical
				malpractice.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.18.547. 06-24-039 (Matter No. R
				  2006-08), §
										284-20A-050, filed 11/30/06,
				  effective 12/31/06; 06-17-054 (Matter No. R 2006-01), §
										284-20A-050, filed 8/10/06,
				  effective 9/10/06.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-20B - Rules for filing property and casualty forms › Section 284-20B-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) "Advisory organization"
			 means an entity not licensed under
			 RCW
			  48.19.180 that files advisory forms with the
			 commissioner.
(2) "Complete filing"
			 means a package of information containing insurance forms, supporting
			 information, documents and exhibits submitted to the commissioner
			 electronically using the System for Electronic Rate and Form Filing
			 (SERFF).
(3) "Date filed" means the
			 date a complete filing has been received and accepted by the
			 commissioner.
(4) "Filer" means a
			 person, organization or other entity that files insurance forms with the
			 commissioner for an insurer.
(5)
			 "Insurance" means the same as in
			 RCW
			  48.01.040.
(6) "Insurer" means an insurer defined in
			 RCW
			  48.01.050 to which the commissioner has
			 issued a certificate of authority under
			 chapter
			 48.05 RCW.
(7) "Member" or "subscriber" means an insurer
			 that has granted filing authority to a rating organization under
			 RCW
			  48.19.050, and includes service
			 purchasers.
(8) "NAIC" means the
			 National Association of Insurance Commissioners.
(9) "Objection letter" means correspondence
			 created in SERFF and sent by the commissioner that:
(a) Requests clarification, documentation or
			 other information;
(b) Explains
			 errors or omissions in the filing; or
(c) Disapproves a form under
			 RCW
			  48.18.110.