Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-22 - USL&H assigned risk plan › Section 284-22-050 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Administrator"
			 means any organization designated by the assigned risk plan and approved by the
			 commissioner to provide administrative support for the plan. Such support shall
			 be defined by the governing committee in its operating plan. It may include,
			 but is not limited to, acceptance, processing, and distribution of incoming
			 applications to the servicing carrier(s), collection of and accounting for
			 premium income, determination of assigned risk plan reserves, investment of
			 assigned risk plan assets, collection of statistical data, actuarial assistance
			 for rate making, development of policy contracts, and auditing the activities
			 of servicing carrier(s) to ensure that the assigned risk plan's rules are being
			 applied properly.
(2) "Applicant"
			 means an employer, seeking coverage from the assigned risk plan, who has, in
			 good faith, been unable to purchase United States Longshore and Harbor Workers'
			 Compensation Act coverage from authorized insurers writing such coverage in
			 Washington. "Applicant" does not include employers seeking coverage through the
			 plan solely because of the lack of availability of maritime employers'
			 liability coverage.
(3) "Authorized
			 insurer" means any insurance company licensed to write workers' compensation
			 insurance on a direct basis in this state.
(4) "Commissioner" means the commissioner of
			 insurance of the state of Washington.
(5) "Governing committee" means the committee
			 responsible for administering the assigned risk plan. It shall consist of
			 thirteen members, who shall be appointed by the commissioner. The director of
			 the department of labor and industries shall be one member. The remaining
			 members shall be selected to insure equal representation of each of the
			 following interest groups; authorized insurers writing primary or excess
			 workers' compensation insurance, insurance producers, organized labor, and
			 maritime employers.
(6) "Maritime
			 employers' liability" means that liability imposed by  46 U.S.C. 688  (the Jones
			 Act) and general maritime law for bodily injury including death of a master or
			 member of the crew of any vessel.
(7) "Servicing carrier" means any authorized
			 insurer designated by the assigned risk plan and approved by the commissioner
			 and the United States Department of Labor to issue workers' compensation
			 policies. It shall issue policies on behalf of the assigned risk plan, provide
			 safety engineering, handle claims incurred by those covered by the assigned
			 risk plan, provide premium audits, perform underwriting functions, and perform
			 other duties as defined by the governing committee in its operating
			 procedures.
(8) "State industrial
			 insurance fund" means that entity defined in
			 RCW
			  51.08.175 which provides primary workers'
			 compensation insurance on a direct basis in this state.
(9) "United States longshore and harbor
			 workers' compensation coverage" means that workers' compensation coverage
			 required of employers by the United States Longshore and Harbor Workers'
			 Compensation Act,  33 U.S.C. Secs. 901 through 950. It is hereinafter referred
			 to as USL&H coverage.
(10)
			 "Written premium" means gross direct premiums (excluding premiums on risks
			 written ceded to the assigned risk plan), within the state of Washington,
			 charged during the first preceding calendar year with respect to United States
			 Longshore and Harbor Workers' insurance, less return premiums, dividends paid
			 or credited to policyholders, or the unused or unabsorbed portions of premium
			 deposits.
Statutory Authority:
				  RCW
				  48.02.060 and
				  48.22.070. 06-24-038 (Matter No. R
				  2006-09), §
										284-22-050, filed 11/30/06,
				  effective 12/31/06; 03-03-052 (Matter No. R 2001-10), §
										284-22-050, filed 1/13/03,
				  effective 2/13/03. Statutory Authority:
				  RCW
				  48.02.060. 93-20-019 (Order R 93-17), §
										284-22-050, filed 9/24/93,
				  effective 10/25/93. Statutory Authority:
				  RCW
				   48.02.060 and 1992 c 209. 92-19-095 (Order R
				  92-12), §
										284-22-050, filed 9/16/92,
				  effective 10/17/92.