reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-84 - Fixed premium universal life insurance › Section 284-84-050 - Reserves, adjusting and testing

Current through Register Vol. 24-14, July 15, 2024
(1) Reserves, as calculated without regard to
			 this section, may, under some circumstances, be less than the cash surrender
			 value or the policy value. In such instances, the reserves shall be increased
			 to be equal to the largest of the cash surrender value, the reserve for the
			 policy value less the surrender charges or the policy reserve. The policy
			 value, to the extent it is guaranteed in the present and future years, shall be
			 prefunded in accordance with the principles of the commissioner's reserve
			 valuation method. The policy reserve shall be calculated by the commissioner's
			 reserve valuation method for the fixed premium fixed benefit plan with all
			 present values based on the most conservative of the mortality and interest
			 assumptions defined by the policy guarantees for the purpose of defining
			 benefits, or for the purpose of valuation.
(2) For testing to see if the basic policy
			 reserves calculation pursuant to WAC
			 284-84-030 is sufficient to cover
			 a scale of cash surrender values, some of which exceed the CRVM basic policy
			 reserves calculation in such section, or for testing a scale of gross premium
			 rates, some or all of which may be less than the basic policy reserve valuation
			 net premium, the mortality table and interest rates applicable at the actual
			 date of issue for the calculation of minimum policy reserves may be used.
			 Should such testing indicate the need for increased reserves, the reserves as
			 calculated under the assumptions in WAC
			 284-84-040 would be
			 carried.
(3) Reserves for policies
			 where the policy value is developed within the structure of their main benefits
			 shall employ the greater of the cash surrender value or the reserve for the
			 policy value less the surrender charges in the testing pursuant to subsection
			 (2) of this section. Alternatively, a separate reserve may be entered on page
			 3, line 11 of the statutory statement for the excess of the policy value over
			 the guaranteed cash value.
(4)
			 Reserves for policies where the policy value is provided in a separate policy
			 provision shall employ the cash surrender value in the testing of such value
			 pursuant to subsection (2) of this section and reserve for the policy value
			 separately.
Statutory Authority:
				  RCW
				  48.02.060. 86-02-011 (Order R 85-5), §
										284-84-050, filed
				  12/20/85.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-84 - Fixed premium universal life insurance › Section 284-84-060 - Minimum cash surrender values for fixed premium universal life insurance policies

Current through Register Vol. 24-14, July 15, 2024
(1) The minimum
			 cash surrender values shall be determined separately for the basic policy and
			 any benefits and riders for which premiums are paid separately. The following
			 requirements pertain to a basic policy and any benefits and riders for which
			 premiums are not paid separately.
(a) The
			 minimum cash surrender value (before adjustment for indebtedness and dividend
			 credits) available on a date as of which interest is credited to the policy
			 shall be equal to ((A)-(B)-(C)-(D)), where:
(i)
(A) is
			 the present value of all future guaranteed benefits.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-84 - Fixed premium universal life insurance › Section 284-84-070 - Mandatory policy provisions

Current through Register Vol. 24-14, July 15, 2024
The policy shall, in addition to compliance with
				RCW
				 48.23.020, provide or comply with the
				following:
(1) The policy shall
			 provide that the policyowner will be sent, without charge, at least annually, a
			 report which will serve to keep such policyowner advised as to the status of
			 the policy including the rights to the values and benefits. The report shall
			 also specify the conditions, if any, that the policyowner must fulfill in order
			 to obtain these ownerships. The end of the current report period must be no
			 more than three months prior to the date of the mailing of the report. Specific
			 requirements of this report are detailed in WAC
			 284-84-090.
(2) The policy shall provide for an
			 illustrative report which shall be sent to the policyowner upon request.
			 Minimum requirements of such report are set forth in WAC
			 284-84-080. The insurer may
			 charge the policyowner a reasonable fee for providing the report. The amount of
			 this fee shall be disclosed on the policy specifications page.
(3) Policy guarantees. The policy shall
			 contain:
(a) A table of guaranteed cash
			 surrender and nonforfeiture values and a description of the basis of their
			 calculation.
(b) All values and
			 data shown in the policy shall be based on the minimum guaranteed interest
			 rate(s) and the maximum guaranteed mortality and expense charges.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-84 - Fixed premium universal life insurance › Section 284-84-080 - Disclosure requirements

Current through Register Vol. 24-14, July 15, 2024
In connection with any advertising, solicitation, negotiation,
				or procurement of a fixed premium universal life insurance policy:
(1) Any statement of policy cost factors or
			 benefits shall contain:
(a) The corresponding
			 guaranteed policy cost factors or benefits, clearly identified;
(b) A statement explaining any nonguaranteed
			 nature of the current premiums, interest rates, charges, or other fees applied
			 to the policy, including the insurer's rights to alter any of these factors;
			 and
(c) Any limitations on the
			 crediting of interest, including identification of those portions of the policy
			 value to which a specified interest rate shall be credited.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-84 - Fixed premium universal life insurance › Section 284-84-090 - Periodic disclosure to policyowner

Current through Register Vol. 24-14, July 15, 2024
The policy shall provide that the policyowner will be sent,
				without charge, at least annually, a report which will serve to keep such
				policyowner advised of the status of the policy, and any riders attached,
				including the rights to the values and benefits. The report shall also specify
				the conditions, if any, that the policyowner must fulfill in order to obtain
				these ownerships. The end of the current report period shall be no more than
				three months prior to the date of the mailing of the report.
Such report shall include the following:
(1) The beginning and ending dates of the
			 current report period;
(2) The
			 policy value at the end of the previous report period and at the end of the
			 current report period;
(3) The rate
			 of interest applied to the policy value and the total amounts which have been
			 credited or debited to the policy value during the current report period,
			 identifying each by type (for example, interest, mortality, expense and
			 riders);
(4) The current death
			 benefit at the end of the current report period on each life covered by the
			 policy;
(5) The cash surrender
			 value and the net cash surrender value of the policy as of the end of the
			 current report period; and
(6) The
			 amount of outstanding loans, if any, as of the end of the current report
			 period; and
(7) If, assuming
			 guaranteed interest, mortality and expense loads and continued scheduled
			 premium payments, the policy's net cash surrender value is such that it would
			 not maintain insurance in force until the end of the next reporting period, a
			 notice to this effect shall be included in the report.
Statutory Authority:
				  RCW
				  48.02.060. 86-02-011 (Order R 85-5), §
										284-84-090, filed
				  12/20/85.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-84 - Fixed premium universal life insurance › Section 284-84-100 - Unfair practices

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW
				 48.30.010, it shall be an unfair practice
				to:
(1) Contrive to set the premiums
			 at the time of repricing so as to reduce, postpone or avoid cash
			 values.
(2) Recoup past losses or
			 distribute past gains when repricing the policies, when defining the current
			 interest to be credited, or when determining mortality, morbidity or expenses
			 to be charged.
(3) Increase the
			 interest credited to present a more competitive rate while at the same time
			 increasing the mortality, morbidity, expense or other charge or to adjust these
			 and other rates in a similar manner, unless justified by actual company
			 experience.
(4) Review less than
			 all pricing assumptions at repricing or setting of the current credits and
			 charges, thereby upsetting the consistent and equitable treatment of the
			 policyholders.
(5) Add additional
			 pricing variables to the definition of a class of insureds after issue, without
			 the prior written approval of the commissioner.
(6) Separate one class of insureds into two
			 or more classes after issue, without the prior written approval of the
			 commissioner.
(7) Adjust premiums,
			 interest credits, expenses and loads other than with respect to an entire class
			 of insureds.
(8) Treat renewing
			 policyholders in a manner inconsistent or inequitably with new
			 policyholders.
(9) Have one class
			 of insureds support, or be supported by, another class.
Statutory Authority:
				  RCW
				  48.02.060. 86-02-011 (Order R 85-5), §
										284-84-100, filed
				  12/20/85.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-84 - Fixed premium universal life insurance › Section 284-84-110 - Filing requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 actuarial memorandum which accompanies the policy filing shall list, among
			 other things, the basis or modification of each table of maximum mortality
			 charge to be used by the company; for example, male, female, and nonsmoker,
			 smoker, etc. It shall also include sufficient numerical data and other
			 information employed by the company to identify the standard and substandard
			 classes of insureds.
(2) For
			 substandard issues, the commissioner must be supplied with a sample of the
			 appropriate policy pages completed through each type of rating used by the
			 company; for example, percentage of standard class premium, extra premium,
			 temporary or permanent flat charge per thousand.
Statutory Authority:
				  RCW
				  48.02.060. 86-02-011 (Order R 85-5), §
										284-84-110, filed
				  12/20/85.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to establish a joint
				underwriting association pursuant to chapter 48.87 RCW, to provide midwifery
				and birth center malpractice insurance.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 94-02-053 (Order R
				  93-18), §
										284-87-010, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless the context clearly requires otherwise, the definitions
				in this section apply throughout this chapter.
"Association" means the joint underwriting association
				established pursuant to the provisions of chapter 48.87 RCW.
"Board" means the governing board of the association.
"Licensee" means any person or birth center facility licensed
				to provide midwifery services pursuant to
				chapters
				18.46,
				18.50, and 18.79 RCW.
"Market assistance plan" or "MAP" means the voluntary consumer
				assistance plan established pursuant to the provisions of
				RCW
				 48.22.050.
"Member insurer" means any insurer that on or after July 25,
				1993, possesses a certificate of authority to write medical malpractice,
				general casualty insurance, or both, within this state.
"Midwifery and birth center insurance" means insurance coverage
				against the legal liability of the insured and against loss, damage, or expense
				incident to a claim arising out of the death or injury of any person as a
				result of negligence or malpractice in rendering professional service by any
				licensee.
"Service company" means any insurance company or person
				designated by the association to act on behalf of the association under
				chapters 48.87 RCW and 284-87 WAC.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-020, filed 7/8/10,
				  effective 8/8/10; 94-02-053 (Order R 93-18), §
										284-87-020, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-030 - The association

Current through Register Vol. 24-14, July 15, 2024
(1) A
			 nonprofit joint underwriting association for midwifery and birthing centers
			 malpractice insurance is hereby established. Membership in the association
			 shall be mandatory for all insurers that on or after July 25, 1993, possess a
			 certificate of authority to write medical malpractice, general casualty
			 insurance, or both, within this state. Every such insurer shall be and remain a
			 member of the association and fulfill all its membership obligations as a
			 condition of its authority to continue to transact property and casualty
			 insurance business in this state. An insurer ceases to be a member insurer upon
			 surrender of its certificate of authority to transact insurance in this
			 state.
(2) The association shall
			 remain inactive, except for the actions of the board enumerated in WAC
			 284-87-050 through
			 284-87-080, until it is activated
			 by the commissioner as provided in WAC
			 284-87-040.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 95-05-034, §
										284-87-030, filed 2/8/95,
				  effective 3/11/95; 94-02-053 (Order R 93-18), §
										284-87-030, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-040 - Activation of association

Current through Register Vol. 24-14, July 15, 2024
(1) If
			 the commissioner finds that any licensee is not reasonably able to obtain
			 midwifery or birthing center malpractice insurance with liability limits of at
			 least one million dollars per claim and three million dollars per annual
			 aggregate, or such other minimum level of mandated coverage as determined by
			 the department of health, from the voluntary insurance market, the commissioner
			 may notify the association of such finding and direct that its board promptly
			 convene and submit its plan of operation and bylaws to the commissioner for
			 approval. Such plan shall include its evaluation and report relative to the
			 feasibility of a market assistance plan to be conducted by the association as a
			 voluntary program, or a plan to be conducted pursuant to the authority given to
			 the commissioner by
			 RCW
			  48.22.050. Pursuant to
			 RCW
			  48.87.030, a MAP shall be used prior to
			 activating a joint underwriting association.
(2) If the use of a MAP is unsuccessful, the
			 commissioner may instruct the board to activate the authority of the
			 association and commence writing midwifery and birthing center malpractice
			 insurance, in accordance with this chapter.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.87.100 and
				  48.87.050. 94-13-006 (Order R
				  94-11), §
										284-87-040, filed 6/2/94,
				  effective 7/3/94. Statutory Authority:
				  RCW
				   48.02.060 and
				  48.87.100. 94-02-053 (Order R
				  93-18), §
										284-87-040, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-060 - General powers and duties of the board

Current through Register Vol. 24-14, July 15, 2024
(1) Within thirty days after the appointment
			 of its members by the commissioner, the board must prepare and adopt a plan of
			 operation and bylaws consistent with this chapter, subject to approval by the
			 commissioner. In a timely manner thereafter, the board must take all actions
			 necessary to prepare the association to receive applications and issue
			 policies, when and if the commissioner activates the association as provided in
			 WAC 284-87-040. These actions must
			 include the preparation of all necessary policy forms and rating information to
			 be filed with the commissioner for approval and all necessary operating manuals
			 and procedures to be followed.
(2)
			 The board shall meet as often as may be required to perform the general duties
			 of the administration of the association or on the call of the commissioner.
			 Four members of the board shall constitute a quorum as long as at least one of
			 those present is a licensee board member.
(3) The board may appoint a service company
			 or companies, who shall serve at the pleasure of the board, to perform any
			 duties necessary or incidental to the proper administration of the association,
			 including the hiring of necessary staff.
(4) The board shall annually furnish to the
			 commissioner a written report of operations. All insurer members of the
			 association may receive a copy of the report from the association upon
			 request.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-060, filed 7/8/10,
				  effective 8/8/10; 94-02-053 (Order R 93-18), §
										284-87-060, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-070 - Assessments

Current through Register Vol. 24-14, July 15, 2024
(1) The board may
			 calculate, levy, and collect assessments from member insurers whenever
			 necessary for the orderly operation of the association.
(2) After its formation, the board may
			 calculate, levy, and collect from member insurers a start up assessment to pay
			 initial expenses of the association and to establish any necessary reserves.
			 The start up assessment shall not exceed five hundred dollars per member
			 insurer. For ease of administration, the share of the start up assessment
			 levied upon and collected from each member insurer shall be the same for each
			 member insurer, regardless of size and regardless of whether it is actively
			 writing business in this state.
(3)
			 Any assessment subsequent to the initial start up assessment shall be used to
			 offset losses and/or expenses in excess of income received by the association.
			 These assessments may be made as often as the board determines is necessary.
			 Each member insurer shall be assessed a proportionate share based on the sum of
			 "direct premiums earned" in this state on the reporting line for "medical
			 malpractice" and for "other liability" (currently lines 11 and 17, of page 14),
			 on the member insurer's most recent annual statement to the commissioner.
			 Member insurers reporting zero "direct premiums earned" on the member insurer's
			 most recent annual statement to the commissioner, will not be
			 assessed.
(4) Assessments are due
			 thirty days after mailing. Any member insurer failing to remit its assessment
			 when due is subject to revocation of its certificate of authority.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 94-02-053 (Order R
				  93-18), §
										284-87-070, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-080 - Statistics, records, and reports

Current through Register Vol. 24-14, July 15, 2024
(1) The association must maintain statistics
			 on business written and shall make the following quarterly report to the
			 commissioner:
(a) Number of applications
			 received by the association;
(b)
			 Number of applications accepted by the association and the total and average
			 premiums charged, including the high and low premiums;
(c) Number of policies canceled;
			 and
(d) Claims activity.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-090 - Eligibility of licensees for coverage

Current through Register Vol. 24-14, July 15, 2024
Any licensee that is unable to obtain midwifery or birthing
				center insurance with liability limits of at least one million dollars per
				claim and three million dollars per annual aggregate, or other minimum level of
				mandated coverage as determined by the department of health, from the voluntary
				insurance market or from any market assistance plan organized pursuant to
				RCW
				 48.22.050, is eligible to apply for coverage
				through the association. The association's service company or companies shall
				promptly process such application and, if the licensee is judged to be an
				acceptable insurable risk, offer coverage to the licensee. In view of the
				purpose of chapter 48.87 RCW, every licensee will be presumed to be an
				acceptable insurable risk for the association. To refuse or cancel coverage to
				any licensee meeting the other eligibility requirements of this section, the
				association must have the prior written approval of the commissioner. The
				commissioner will grant such approval only if the association demonstrates that
				circumstances justify refusing or canceling coverage to the
				licensee.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-090, filed 7/8/10,
				  effective 8/8/10. Statutory Authority:
				  RCW
				   48.02.060,
				  48.87.100 and
				  48.87.050. 94-13-006 (Order R
				  94-11), §
										284-87-090, filed 6/2/94,
				  effective 7/3/94. Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 94-02-053 (Order R
				  93-18), §
										284-87-090, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-100 - Standard policy coverage - Premiums

Current through Register Vol. 24-14, July 15, 2024
(1) All policies issued by the association
			 must have liability limits of at least one million dollars per claim and three
			 million dollars per annual aggregate, or other minimum level of mandated
			 coverage as determined by the department of health, and shall be issued for a
			 term of one year.
(2) Premiums must
			 be based on the association's rate filings approved by the commissioner in
			 accordance with
			 chapter
			 48.19 RCW. The rate
			 filings shall provide for modification of rates for licensees according to the
			 type, size, and past loss experience of each licensee, and any other
			 differences among licensees that can be demonstrated to have a probable effect
			 upon losses.
(3) Consistent with
			 the nonprofit character of the association, rates for policies issued by the
			 association must be set so that the expected profit (that is, premiums plus
			 investment income minus the sum of expenses and losses) is zero.
(4) The association is exempt from the
			 requirements of WAC
			 284-24-065.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-100, filed 7/8/10,
				  effective 8/8/10. Statutory Authority:
				  RCW
				   48.02.060,
				  48.87.100 and
				  48.87.050. 94-13-006 (Order R
				  94-11), §
										284-87-100, filed 6/2/94,
				  effective 7/3/94. Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 94-02-053 (Order R
				  93-18), §
										284-87-100, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-110 - Renewal of policies

Current through Register Vol. 24-14, July 15, 2024
(1) Policies
			 written by the association will not automatically renew. To obtain continuing
			 coverage by the association, a licensee must again satisfy initial eligibility
			 requirements under WAC
			 284-87-090 at the end of the
			 expiring policy term.
(2) The
			 association shall notify covered licensees in writing at least ninety days
			 prior to the expiration of a policy term of the need to submit a new
			 application for coverage to the association to continue coverage.
(3) If the association fails to provide the
			 required written notice, the existing policy shall continue in force until the
			 association has provided the required notice. In such case, premium shall be
			 charged the licensee on a pro rata basis for coverage during the extended
			 coverage period.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-110, filed 7/8/10,
				  effective 8/8/10; 94-02-053 (Order R 93-18), §
										284-87-110, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-120 - Cancellation of policies

Current through Register Vol. 24-14, July 15, 2024
(1) No
			 policy or binder issued pursuant to this chapter shall be cancelled except:
(a) For nonpayment of premium, in which case
			 cancellation of the policy shall be effected by providing ten days written
			 notice in advance of the date of cancellation. Payment to the association of
			 all premiums due, prior to the effective date of the cancellation, shall
			 continue coverage as if no cancellation notice had been issued; or
(b) With the prior written approval of the
			 commissioner upon the request of the board, for cause which would have been
			 grounds for refusal of coverage under WAC
			 284-87-090.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-130 - Right of appeal

Current through Register Vol. 24-14, July 15, 2024
(1) Any applicant
			 or insured, licensed pursuant to
			 chapter
			 18.46,
			 18.50, or 18.88 RCW, shall have a
			 right of appeal to the commissioner, including the right to appear before the
			 commissioner or his or her designee, if requested by the person seeking appeal,
			 from any decision by the board.
(2)
			 Appeals to the commissioner under this provision shall be handled in accordance
			 with chapters 48.04 and
			 34.05 RCW.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-130, filed 7/8/10,
				  effective 8/8/10; 94-02-053 (Order R 93-18), §
										284-87-130, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-140 - Cooperation of producers

Current through Register Vol. 24-14, July 15, 2024
All licensed producers must provide full cooperation in
				carrying out the aims and the operation of the association.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-140, filed 7/8/10,
				  effective 8/8/10; 94-02-053 (Order R 93-18), §
										284-87-140, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-150 - Commissions

Current through Register Vol. 24-14, July 15, 2024
The association shall pay commissions as established by the
				board on policies issued under this chapter to the licensed producer designated
				by the applicant.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-150, filed 7/8/10,
				  effective 8/8/10; 94-02-053 (Order R 93-18), §
										284-87-150, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-155 - Reserves and surplus

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 board shall determine and establish a minimum loss reserve account to offset
			 infrequent severe losses.
(2) If
			 the board, in its sole discretion, determines that the reserve account is in
			 excess of an amount necessary to pay potential infrequent severe losses, the
			 association may, but is not obligated to:
(a)
			 Refund to the member insurers all or any portion of any assessment that was
			 received from the member insurers in the same pro rata amount the member
			 insurer was assessed and paid. No return to a member insurer may exceed the
			 aggregate amount paid to the association by the member insurer.
(b) After all assessments received by the
			 association from member insurers are refunded to the member insurers, the
			 association may make a one-time premium adjustment to the insured
			 licensees.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-160 - Additional notice required

Current through Register Vol. 24-14, July 15, 2024
Any notice of cancellation or nonrenewal of midwifery or
				birthing center insurance given by an insurer to a licensee potentially
				eligible for coverage through the association shall include or be accompanied
				by an explanation of the licensee's right and procedure to obtain insurance
				through the association.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 94-02-053 (Order R
				  93-18), §
										284-87-160, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-165 - Distribution of assets upon dissolution of the association

Current through Register Vol. 24-14, July 15, 2024
If the association is deactivated or dissolved and has a
				positive asset balance, the excess funds will be distributed in the following
				order:
(1) For the purchase of prior
			 acts coverage from the successor insurer for all active licensees insured by
			 the association.
(2) For the return
			 of one hundred percent of unearned premium to all active licensees insured by
			 the association.
(3) For the return
			 of remaining funds to the member insurers on a pro rata formula, based upon the
			 total of all assessments paid in throughout the lifetime of the association's
			 operation. Returns to a member insurer must not exceed the aggregate amount
			 paid to the association by the member insurer.
(4) For the distribution of any remaining
			 balance to active licensees insured by the association at the time of
			 deactivation or dissolution, according to a pro rata formula based upon the
			 total of all premiums paid to the association. Distribution amounts paid to a
			 licensee must not exceed the aggregate amount paid to the association by the
			 licensee. Pro rata amounts of less than twenty-five dollars will not be
			 returned.
(5) Any remaining balance
			 will utilized at the discretion of the commissioner.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-165, filed 7/8/10,
				  effective 8/8/10.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-170 - Termination of association

Current through Register Vol. 24-14, July 15, 2024
The association shall have perpetual existence, subject to
				repeal or modification of this chapter.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.87.100. 94-02-053 (Order R
				  93-18), §
										284-87-170, filed 12/30/93,
				  effective 1/30/94.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-90 - Rules pertaining to AIDS › Section 284-90-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 this chapter is to assure nondiscriminatory treatment of insureds and
			 prospective insureds by establishing minimum standards insurers must meet with
			 respect to acquired immune deficiency syndrome (AIDS) and its related
			 conditions. Related conditions include a positive testing for the Human
			 Immunodeficiency Virus (HIV).
(2)
			 The insurance code prohibits unfair discrimination between insureds having like
			 risk and exposure factors. The practical effect of the law is to require
			 grouping of insureds into classes of like risk and exposure and charging a
			 premium commensurate with the risk and exposure. This assures the equitable
			 treatment of each class of insureds in the sense that the premium charge is
			 reasonably related to the risk assumed by the insurer and that no class of
			 insureds supports (or is supported by) another class of insureds. For example:
			 Insureds with a heart condition should not subsidize (or be subsidized by)
			 insureds with AIDS or diabetes; policies issued on a standard basis should not
			 be surcharged to support those issued to insureds suffering from an ailment. To
			 properly classify such prospective insureds, insurers must ask appropriate
			 questions on application forms and may require reasonable testing of
			 prospective insureds, when health underwriting is not prohibited by rule or
			 statute.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.44.050,
				  48.46.200,
				  48.01.030,
				  48.05.250,
				  48.18.110,
				  48.18.480. 00-20-105 (Matter No. R
				  2000-07), §
										284-90-010, filed 10/4/00,
				  effective 11/4/00. Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050 and
				  48.46.200. 86-21-065 (Order R
				  86-5), §
										284-90-010, filed
				  10/15/86.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-90 - Rules pertaining to AIDS › Section 284-90-020 - Insuring procedures relating to AIDS

Current through Register Vol. 24-14, July 15, 2024
(1) AIDS and its related conditions are
			 diseases and must be considered as such under the insurance laws of this state.
			 Underwriting considerations must be consistent with the underwriting
			 considerations applied to other diseases. Prospective insureds must be accepted
			 or rejected or rated standard or substandard on the basis of bona fide and
			 substantiated statistical differences in risk or exposure.
(2) Questions about AIDS and related health
			 conditions on applications for insurance must be in clear and understandable
			 language and must lend themselves to the placement of applicants in the proper
			 class of insureds. Questions which are ambiguous or misleading are
			 prohibited.
(3) Testing of
			 insurance applicants must be administered on a nondiscriminatory basis. If a
			 prospective insured is to be declined or rated substandard because of HIV
			 infection, such action must be based on a Western Blot Test or any United
			 States Food and Drug Administration approved confirmatory test of equal or
			 greater accuracy. Testing procedures of lesser accuracy may be used on a
			 nondiscriminatory basis for underwriting purposes, but a prospective insured
			 may not be declined or rated substandard solely on the basis of results from
			 such test(s).
(4) There are several
			 aspects of the disease AIDS which may create unforeseen claim settlement
			 problems under life insurance, loss of time, and medical coverages. The
			 likelihood of the claimant incurring medical expenses from several different
			 symptoms of AIDS or one of its related conditions may make it difficult to
			 determine when the disease first manifested itself. The long incubation period
			 along with the concurrent and aggravating ailments may create problems with the
			 application of the preexisting conditions clause and the incontestable
			 provision, as well as the rules which determine a new spell of illness. The
			 benefit provision, including any extended benefit provision, will determine the
			 extent of claim payments if the disease manifested itself while the policy was
			 in force but continued after expiration of coverage or termination of the
			 contract. Such matters, and others unique to the disease of AIDS and its
			 related conditions, must be resolved in a manner consistent with the settlement
			 of claims resulting from other diseases.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.30.010,
				  48.44.050,
				  48.46.200,
				  48.01.030,
				  48.05.250,
				  48.18.110,
				  48.18.480. 00-20-105 (Matter No. R
				  2000-07), §
										284-90-020, filed 10/4/00,
				  effective 11/4/00. Statutory Authority:
				  RCW
				   48.02.060,
				  48.44.050 and
				  48.46.200. 86-21-065 (Order R
				  86-5), §
										284-90-020, filed
				  10/15/86.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-91 - Washington state health insurance pool › Section 284-91-001 - Plan of operation approved (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				   48.02.060,
				  48.41.040,
				  48.41.170,
				  48.44.050, and
				  48.46.020. 03-07-007 (Matter No. R
				  2001-15), §
										284-91-001, filed 3/6/03,
				  effective 4/6/03.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-91 - Washington state health insurance pool › Section 284-91-100 - Intent

Current through Register Vol. 24-14, July 15, 2024
The Washington state health insurance pool (WSHIP) was created
				with the intent of ensuring the availability of comprehensive health insurance
				to residents who are denied health insurance and are otherwise unable to obtain
				such insurance coverage directly under any individual or group health
				plan.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-91 - Washington state health insurance pool › Section 284-91-110 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
				chapter.
(1) "Accounting year" means a
			 12-month period determined by the board for purposes of recordkeeping and
			 accounting. The first accounting year may be more or less than 12 months and,
			 from time to time in subsequent years, the board may order an accounting year
			 of other than 12 months as may be required for orderly management and
			 accounting of the pool.
(2)
			 "Administrator" means the entity chosen by the board to administer the pool
			 under
			 RCW
			  48.41.080.
(3) "Board" means the board of directors of
			 the pool.
(4) "Commissioner" means
			 the insurance commissioner.
(5)
			 "Health care provider" means any physician, facility, or health care
			 professional, who is licensed in Washington state and entitled to reimbursement
			 for health care services.
(6)
			 "Health care services" means services for the purpose of preventing,
			 alleviating, curing, or healing human illness or injury.
(7) "Health carrier" or "carrier" has the
			 same meaning as in WAC
			 284-43-0160.
(8)
(a)
			 "Health coverage" means any group or individual disability insurance policy,
			 health care service contract, and health maintenance agreement, except those
			 contracts entered into for the provision of medicare.
(b) "Health coverage" does not include:
(i) Short-term care, long-term care, dental,
			 vision, accident, fixed indemnity, disability income contracts, limited benefit
			 or credit insurance;
(ii) Coverage
			 issued as a supplement to liability insurance;
(iii) Insurance arising out of the worker's
			 compensation or similar law;
(iv)
			 Automobile medical payment insurance; or
(v) Insurance under which benefits are
			 payable with or without regard to fault and which is statutorily required to be
			 contained in any liability insurance policy or equivalent
			 self-insurance.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-91 - Washington state health insurance pool › Section 284-91-120 - Health insurance pool-Membership

Current through Register Vol. 24-14, July 15, 2024
All entities in this state, on or after May 18, 1987, meeting
				the definition of a member (as per WAC 284-91-110), shall be members of the
				pool.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-91 - Washington state health insurance pool › Section 284-91-130 - Financial participation in pool- Computation, deficit assessments

Current through Register Vol. 24-14, July 15, 2024
(1) Following the
			 close of each accounting year, the pool administrator shall determine the total
			 net cost of pool operation which shall include:
(a) Net premium (premiums less administrative
			 expense allowances), the pool expenses of administration, and incurred losses
			 for the year, taking into account investment income and other appropriate gains
			 and losses; and
(b) The amount of
			 pool contributions specified in the state Omnibus Appropriations Act for
			 deposit into the health benefit exchange account under
			 RCW
			  43.71.060, to assist with the transition of
			 enrollees from the pool into the health benefit exchange created by chapter
			 43.71 RCW.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-91 - Washington state health insurance pool › Section 284-91-140 - Plan of operation approved

Current through Register Vol. 24-14, July 15, 2024
Under
				RCW
				 48.41.040(4), the
				commissioner approves the plan of operation submitted by the board of directors
				of the pool. The plan of operation is composed of the following
				documents:
(1) Articles of
			 organization approved by the WSHIP board on September 5, 2002, and amended by
			 the insurance commissioner on March 5, 2003;
(2) Bylaws approved by the WSHIP board on
			 September 5, 2002, and approved by the insurance commissioner on March 5, 2003.
			 The WSHIP board subsequently amended and restated its bylaws on January 8,
			 2020, which were approved by the insurance commissioner on January 27, 2020;
			 and
(3) Operating rules approved by
			 the WSHIP board on September 5, 2002.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-92 - Liability risk retention › GENERAL › Section 284-92-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in chapter 48.92 RCW apply in this regulation
				  unless otherwise specified or unless the context clearly requires
				  otherwise.
(1) "Domestic purchasing
				group" means a purchasing group formed under the laws of this state.
(2) "Domestic risk retention group" means a
				risk retention group formed under the laws of this state.
(3) "State" includes any state of the United
				States or the District of Columbia.
Statutory Authority:
					 RCW
					 48.02.060 and
					 48.92.140. 93-19-006 (Order R
					 93-10), §
											284-92-010, filed 9/1/93,
					 effective 10/2/93.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-92 - Liability risk retention › GENERAL › Section 284-92-020 - Preexisting registrations

Current through Register Vol. 24-14, July 15, 2024
Registrations of purchasing groups effected before the date
				  this regulation becomes effective are cancelled as of 11:59 p.m. on December
				  31, 1993. This date may be extended by the commissioner in a particular case or
				  class of cases for good cause shown. After that date, or after the extended
				  date, no purchasing group is registered unless registered after the effective
				  date of this regulation.
Statutory Authority:
					 RCW
					 48.02.060 and
					 48.92.140. 93-19-006 (Order R
					 93-10), §
											284-92-020, filed 9/1/93,
					 effective 10/2/93.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-92 - Liability risk retention › PURCHASING GROUPS › Section 284-92-210 - Registration required

Current through Register Vol. 24-14, July 15, 2024
No purchasing group may provide insurance, offer to provide
				  insurance, or solicit or invite applications for insurance, as to Washington
				  residents, or otherwise transact insurance in Washington or with respect to
				  Washington residents, until it is registered.
Statutory Authority:
					 RCW
					 48.02.060 and
					 48.92.140. 93-19-006 (Order R
					 93-10), §
											284-92-210, filed 9/1/93,
					 effective 10/2/93.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-92 - Liability risk retention › PURCHASING GROUPS › Section 284-92-220 - Registration effective upon notice by commissioner

Current through Register Vol. 24-14, July 15, 2024
No purchasing group is registered until it has been notified
				  by the commissioner that it is registered. There is no
				  "deemer."
Statutory Authority:
					 RCW
					 48.02.060 and
					 48.92.140. 93-19-006 (Order R
					 93-10), §
											284-92-220, filed 9/1/93,
					 effective 10/2/93.
Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-92 - Liability risk retention › PURCHASING GROUPS › Section 284-92-230 - Appointment for service of process

Current through Register Vol. 24-14, July 15, 2024
(1) Except as provided by
				RCW
				 48.92.080, the request for registration must
				include an appointment of the commissioner as agent for service of process, as
				provided in chapter 48.92 RCW.
(2)
				The doing of business as a purchasing group in Washington, or as to Washington
				residents, in itself constitutes such an appointment of the commissioner. This
				automatic appointment is effective whether or not an explicit appointment was
				made or was valid or effective. This automatic appointment does not apply to a
				purchasing group not required so to appoint the commissioner under
				RCW
				 48.92.080.
Statutory Authority:
					 RCW
					 48.02.060 and
					 48.92.140. 93-19-006 (Order R
					 93-10), §
											284-92-230, filed 9/1/93,
					 effective 10/2/93.