title: RCW 48.212.160

text:
(1) A person may not sell, solicit, or negotiate supplemental long-term care insurance unless the person is appropriately licensed as an insurance producer and has successfully completed supplemental long-term care coverage education that meets the requirements of this section and:
(a) Has successfully completed long-term care coverage education that meets the requirements of RCW 48.83.130; and
(b) Has completed an approved one-hour course on supplemental long-term care insurance that includes education on:
(i) The provisions of chapter 50B.04 RCW and any rules adopted to implement the long-term services and supports trust program;
(ii) The relationship between benefits offered under chapter 50B.04 RCW, qualified state long-term care insurance partnership programs, and other public and private coverage of long-term care services, including medicaid; and
(iii) This chapter.
(2) The insurance producer education required by this section may not include training that is issuer or company product-specific or that includes any sales or marketing information, materials, or training, other than those required by state or federal law.
(3) Issuers must obtain verification that an insurance producer receives training required by this section before that producer is permitted to sell, solicit, or otherwise negotiate the issuer's supplemental long-term care insurance products.
(4) Issuers must maintain records subject to the state's record retention requirements and make evidence of that verification available to the commissioner upon request.
(5)(a) Issuers must maintain records with respect to the training of its producers concerning the distribution of its long-term care partnership policies that will allow the commissioner to provide assurance to the state department of social and health services, medicaid division, that insurance producers engaged in the sale of supplemental long-term care insurance contracts have received the training required by this section and any rules adopted by the commissioner, and that producers have demonstrated an understanding of the partnership policies and their relationship to benefits offered under chapter 50B.04 RCW and public and private coverage of long-term care, including medicaid, in this state.
(b) These records must be maintained in accordance with the state's record retention requirements and be made available to the commissioner upon request.
[ 2025 c 380 s 33.]
Notes:
Effective date—2025 c 380 ss 17-39, 47, and 48: See note following RCW 48.212.005.


doc_type: statute

jurisdiction: wa

title: RCW 48.212.170

text:
(1) Issuers and their agents, if any, must determine whether issuing supplemental long-term care insurance coverage to a particular person is appropriate, except in the case of a life insurance policy that accelerates benefits for supplemental long-term care.
(2) An issuer must:
(a) Develop and use suitability standards to determine whether the purchase or replacement of supplemental long-term care coverage is appropriate for the needs of the applicant or insured, using a best interest standard. The issuers and their agents must act in the best interests of the applicant or policyholder under the circumstances known at the time the recommendation is made, without putting the issuer or agent's financial interests ahead of the interests of the applicant or policyholder;
(b) Train its agents in the use of the issuer's suitability standards; and
(c) Maintain a copy of its suitability standards and make the standards available for inspection, upon request.
(3) The following must be considered when determining whether the applicant meets the issuer's suitability standards:
(a) The ability of the applicant to pay for the proposed coverage and any other relevant financial information related to the purchase of or payment for coverage;
(b) The applicant's goals and needs with respect to supplemental long-term care and the advantages and disadvantages of supplemental long-term care coverage to meet those goals or needs; and
(c) The values, benefits, and costs of the applicant's existing health or long-term care coverage, if any, when compared to the values, benefits, and costs of the recommended purchase or replacement.
(4) The sale or transfer of any suitability information provided to the issuer or agent by the applicant to any other person or business entity is prohibited.
(5)(a) The commissioner must adopt rules on forms of consumer-friendly personal worksheets that issuers and their agents must use for applications for supplemental long-term care coverage.
(b) The commissioner may require each issuer to file its current forms of suitability standards and personal worksheets with the commissioner.
[ 2025 c 380 s 34.]
Notes:
Effective date—2025 c 380 ss 17-39, 47, and 48: See note following RCW 48.212.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Issuers—Determinations—Standards—Rules.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 48.212.180

text:
A person engaged in the issuance or solicitation of supplemental long-term care coverage may not engage in unfair methods of competition or unfair or deceptive acts or practices, as such methods, acts, or practices are defined in chapter 48.30 RCW, or as defined by the commissioner.
[ 2025 c 380 s 35.]
Notes:
Effective date—2025 c 380 ss 17-39, 47, and 48: See note following RCW 48.212.005.

catchline: Unfair or deceptive acts or practices prohibited.


title: RCW 48.212.190

text:
An issuer or an insurance producer who violates a law or rule relating to the regulation of supplemental long-term care insurance or its marketing is subject to a fine of up to three times the amount of the commission paid for each policy involved in the violation or $10,000, whichever is greater.
[ 2025 c 380 s 36.]
Notes:
Effective date—2025 c 380 ss 17-39, 47, and 48: See note following RCW 48.212.005.

catchline: Violations.


title: RCW 48.212.200

text:
(1) The commissioner must adopt rules that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of supplemental long-term care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, continuation or conversion, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definitions of terms. The commissioner must adopt rules establishing loss ratio standards for supplemental long-term care insurance policies. The commissioner must adopt rules to promote premium adequacy and to protect policyholders in the event of proposed substantial rate increases, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties, and reporting practices for supplemental long-term care insurance.
(2) The commissioner must adopt rules establishing standards protecting patient privacy rights, rights to receive confidential health care services, and standards for an issuer's timely review of a claim denial upon request of a covered person.
(3) The commissioner must adopt by rule prompt payment requirements for supplemental long-term care insurance. The rules must include a definition of a "claim" and a definition of "clean claim." In adopting the rules, the commissioner must consider the prompt payment requirements in long-term care insurance model acts developed by the national association of insurance commissioners.
(4) The commissioner may adopt reasonable rules to carry out this chapter.
[ 2025 c 380 s 37.]
Notes:
Effective date—2025 c 380 ss 17-39, 47, and 48: See note following RCW 48.212.005.

catchline: Rules.


title: RCW 48.212.210

text:
(1) The commissioner must:
(a) Develop a consumer education guide designed to educate consumers and help them make informed decisions as to the purchase of supplemental long-term care insurance policies provided under this chapter; and
(b) Expand programs to educate consumers as to the supplemental long-term care insurance policies provided under this chapter, with a focus on the middle-income market. If allowable under federal law, the commissioner must expand the statewide health insurance benefits advisor program to provide the consumer education.
(2) The guide and programs should:
(a) Provide additional information and counseling for consumers born before 1968. This information and counseling should educate these consumers as to potential out-of-pocket costs they may be subject to before supplemental long-term care insurance will begin paying claims and strategies for managing the gap between benefits payable under chapter 50B.04 RCW and coverage under supplemental long-term care insurance.
(b) Support consumers in assessing the tradeoffs between various elimination period options and premium rates.
(c) Educate consumers on budgeting any benefits available under chapter 50B.04 RCW carefully to reduce the likelihood and size of any potential gap between those benefits and the supplemental long-term care insurance.
[ 2025 c 380 s 38.]
Notes:
Effective date—2025 c 380 ss 17-39, 47, and 48: See note following RCW 48.212.005.

catchline: Consumer education guide and programs.


title: RCW 48.216.010

text:
(1) The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in this state.
(2) The requirements of this chapter:
(a) Apply to travel insurance that covers any resident of this state, and is sold, solicited, negotiated, or offered in this state, and policies and certificates that are delivered or issued for delivery in this state; and
(b) Do not apply to cancellation fee waivers or travel assistance services, except as expressly provided in this chapter.
(3) All other applicable provisions of this state's insurance laws, under this title, continue to apply to travel insurance, except that in the event of a conflict between this chapter and other provisions of this title regarding travel insurance and travel protection plans, the provisions of this chapter control.
[ 2026 c 165 s 1.]
Notes:
Effective date—2026 c 165 ss 1-13: "Sections 1 through 13 of this act take effect January 1, 2027." [ 2026 c 165 s 15.]

catchline: Purpose. (Effective January 1, 2027.)


title: RCW 48.216.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aggregator site" means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.
(2) "Blanket travel insurance" means a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group.
(3) "Cancellation fee waiver" means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. A cancellation fee waiver is not insurance.
(4) "Eligible group" means two or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship including, but not limited to, any of the following:
(a) Any entity engaged in the business of providing travel or travel services including, but not limited to: Tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers or the operator, owner, or lessor of a means of transportation of passengers including, but not limited to, airlines, cruise lines, railroads, steamship companies, and public bus carriers, wherein with regard to any particular travel or type of travel or travelers, all members or customers of the group must have a common exposure to risk attendant to such travel;
(b) Any college, school, or other institution of learning, covering students, teachers, employees, or volunteers;
(c) Any employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests;
(d) Any sports team, camp, or sponsor thereof, covering participants, members, campers, employees, officials, supervisors, or volunteers;
(e) Any religious, charitable, recreational, educational, or civic organization, or branch thereof, covering any group of members, participants, or volunteers;
(f) Any financial institution or financial institution vendor, or parent holding company, trustee, or agent of or designated by one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors, or purchasers;
(g) Any incorporated or unincorporated association, including labor unions, having a common interest, constitution and bylaws, and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members;
(h) Any trust or the trustees of a fund established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the commissioner permitting the use of a trust and the state's premium tax provisions in RCW 48.216.040 of one or more associations meeting the requirements of (g) of this subsection;
(i) Any entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers;
(j) Any volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other such volunteer group;
(k) Preschools, day care institutions for children or adults, and senior citizen clubs;
(l) Any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers defined by their travel status on the rented or leased vehicles, subject to the requirement that the common carrier, operator, owner, or lessor of a means of transportation, or the automobile or truck rental or leasing company, is the policyholder under a policy to which this chapter applies; or
(m) Any other group where the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest.
(5) "Fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details.
(6) "Group travel insurance" means travel insurance issued to any eligible group.
(7) "Limited lines travel insurance producer" means a:
(a) Licensed insurance producer, including a licensed limited lines producer of travel insurance; or
(b) Travel administrator.
(8) "Offer and disseminate" means providing general information, including a description of the coverage and price, as well as processing the application and collecting premiums.
(9) "Primary certificate holder" means an individual person who elects and purchases travel insurance under a group policy.
(10) "Primary policyholder" means an individual person who elects and purchases individual travel insurance.
(11) "Travel administrator" means a person who directly or indirectly underwrites, collects charges, collateral, or premiums from, or adjusts or settles claims on residents of this state, in connection with travel insurance, except that a person may not be considered a travel administrator if that person's only actions that would otherwise cause it to be considered a travel administrator are among the following:
(a) A person working for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator;
(b) An insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer's license;
(c) A travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this chapter;
(d) An attorney-at-law who adjusts insurance losses from time to time incidental to the practice of their profession and who does not collect charges or premiums in connection with insurance coverage; or
(e) A business entity that is affiliated with an authorized insurer while acting as a travel administrator for the direct and assumed insurance business of an insurer.
(12) "Travel assistance services" means noninsurance services for which the consumer is not indemnified based on a fortuitous event, and where providing the service does not result in transfer or shifting of risk that would constitute the business of insurance.
(a) "Travel assistance services" include, but are not limited to: Security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services, and any other service that is furnished in connection with planned travel.
(b) "Travel assistance services" are not insurance and not related to insurance.
(13)(a) "Travel insurance" means, except as excluded in (b) of this subsection, insurance coverage for personal risks incident to planned travel, including:
(i) Interruption or cancellation of trip or event;
(ii) Loss of baggage or personal effects;
(iii) Damages to accommodations or rental vehicles;
(iv) Sickness, accident, disability, or death occurring during travel, provided that the health benefits are not offered on a stand-alone basis and are incidental to other coverage;
(v) Emergency evacuation;
(vi) Repatriation of remains; or
(vii) Any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner.
(b) "Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting longer than six months including, for example, those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.
(14) "Travel protection plans" means plans that provide one or more of the following: Travel insurance, travel assistance services, and cancellation fee waivers.
(15) "Travel retailer" means a business entity that makes, arranges, or offers planned travel and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
[ 2026 c 165 s 2.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Definitions. (Effective January 1, 2027.)


title: RCW 48.216.030

text:
(1) In accordance with RCW 48.17.170, the commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the commissioner an application for a limited lines travel insurance producer license in a form and manner prescribed by the commissioner. Such limited lines travel insurance producer must be licensed to sell, solicit, or negotiate travel insurance through an authorized insurer. No person may act as a limited lines travel insurance producer or travel insurance retailer unless properly licensed or registered, respectively.
(2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the following conditions are met:
(a) The limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance:
(i) A description of the material terms or the actual material terms of the insurance coverage;
(ii) A description of the process for filing a claim;
(iii) A description of the review or cancellation process for the travel insurance policy; and
(iv) The identity and contact information of the insurer and limited lines travel insurance producer;
(b) At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on the limited lines travel insurance producer's behalf. The register must be maintained and updated by the limited lines travel insurance producer and must include the name, address, and contact information of the travel retailer and an officer or person who directs or controls the travel retailer's operations, and the travel retailer's federal tax identification number. The limited lines travel insurance producer shall submit such register to the commissioner annually in a form and manner prescribed by the commissioner. The limited lines travel insurance producer shall certify that the travel retailer registered complies with 18 U.S.C. Sec. 1033. The grounds for the suspension, revocation, and penalties applicable to resident insurance producers under RCW 48.17.530 and 48.17.535 apply to the limited lines travel insurance producers and travel retailers;
(c) The limited lines travel insurance producer has designated one of its employees who is a licensed individual producer as the person responsible for the compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and its registrants;
(d) The employee designated under (c) of this subsection, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations complies with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer;
(e) The limited lines travel insurance producer has paid all applicable licensing fees as set forth in applicable state law; and
(f) The limited lines travel insurance producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which is subject, at the discretion of the commissioner, to review and approval. The training material must, at a minimum, contain adequate instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers.
(3) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that have been approved by the travel insurer. Such materials must include information that, at a minimum:
(a) Provides the identity and contact information of the insurer and the limited lines travel insurance producer;
(b) Explains that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and
(c) Explains that a travel retailer who is not licensed as a limited lines travel insurance producer is permitted to provide only general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage.
(4) A travel retailer employee or authorized representative who is not licensed as a limited lines travel insurance producer may not:
(a) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage;
(b) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or
(c) Represent or otherwise indicate that the employee or authorized representative is an authorized insurer, licensed producer, or insurance expert.
(5) Notwithstanding any other provision in law, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this chapter, is authorized to receive related compensation, upon registration by the limited lines travel insurance producer as described in subsection (2)(b) of this section.
(6) As the insurer's designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall ensure compliance by the travel retailer with this chapter.
(7) The limited lines travel insurance producer is responsible under the insurance code for any acts committed by any unlicensed persons that violate the insurance code under the limited lines travel insurance producer's or travel retailer's supervision, control, or direction. The commissioner may enforce the provisions of this title against the limited lines travel insurance producer or travel retailer for any such acts.
[ 2026 c 165 s 3.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Limited lines travel insurance producer license—Application—Requirements—Travel retailers. (Effective January 1, 2027.)


title: RCW 48.216.040

text:
(1) A travel insurer shall pay premium tax as provided in RCW 48.14.020 on travel insurance premiums paid by any of the following:
(a) An individual primary policyholder who is a resident of this state;
(b) A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; or
(c) A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in this state for eligible blanket group members, subject to any apportionment rules that apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
(2) A travel insurer shall:
(a) Document the state of residence or principal place of business of the policyholder or certificate holder, as required in subsection (1) of this section; and
(b) Report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services, cancellation fee waivers, or other noninsurance services.
[ 2026 c 165 s 4.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Premium tax. (Effective January 1, 2027.)


title: RCW 48.216.050

text:
Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if:
(1) The travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services, and cancellation fee waivers as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and
(2) The fulfillment materials:
(a) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and
(b) Include the travel insurance disclosures and the contact information for persons providing travel assistance services, and cancellation fee waivers, as applicable.
[ 2026 c 165 s 5.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Combined travel protection plans. (Effective January 1, 2027.)


title: RCW 48.216.060

text:
(1) All persons offering travel insurance to residents of this state are subject to chapter 48.30 RCW, except as otherwise provided in this section. In the event of a conflict between this chapter and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter control.
(2) Pursuant to RCW 48.30.370, offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under chapter 48.30 RCW.
(3) The marketing requirements in this subsection apply to travel insurance.
(a) All documents provided to consumers prior to the purchase of travel insurance including, but not limited to, sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy itself including, but not limited to, forms, endorsements, policies, rate filings, and certificates of insurance.
(b) For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions must be provided any time prior to the time of purchase, and in the coverage's fulfillment materials.
(c) The fulfillment materials and the information described in RCW 48.216.030(2)(a) must be provided to a policyholder or certificate holder as soon as practicable, following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (i) 15 days following the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (ii) 10 days following the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail. For the purposes of this subsection, "delivery" means handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.
(d) The company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.
(e) Where travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it is not an unfair trade practice or other violation of law where an accurate summary or short description of coverage is provided on the web page, so long as the consumer has access to the full provisions of the policy through electronic means.
(4) No person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form, when the consumer purchases a trip.
(5) Pursuant to RCW 48.30.370, it is an unfair trade practice to market blanket travel insurance coverage as free.
(6) Where a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice to require that a consumer choose between the following options as a condition of purchasing a trip or travel package:
(a) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or
(b) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure.
[ 2026 c 165 s 6.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Unfair trade practices. (Effective January 1, 2027.)


title: RCW 48.216.070

text:
(1) Notwithstanding any other provisions of this title, no person may act or represent itself as a travel administrator for travel insurance in this state unless that person is licensed as an insurance producer with the travel limited line of authority.
(2) A travel administrator and its employees are exempt from the licensing requirements of RCW 48.17.060(2) for travel insurance it administers.
(3) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.
[ 2026 c 165 s 7.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Travel administrators. (Effective January 1, 2027.)


title: RCW 48.216.080

text:
(1)(a) Subject to (b) and (c) of this subsection, notwithstanding any other provision of this title, travel insurance is classified and filed for purposes of rates and forms under an inland marine line of insurance.
(b) Travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively, or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.
(c) The rates and forms filings per product may only be filed under one line of insurance.
(2) Travel insurance may be in the form of an individual, group, or blanket policy.
(3)(a) Travel insurance rates may vary due to marketing or distribution channels.
(b) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's underwriting standards for inland marine.
(4) Subsections (1) through (3) of this section do not constitute a violation of RCW 48.18.480 when used for travel insurance.
[ 2026 c 165 s 8.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Classification and filing of travel insurance. (Effective January 1, 2027.)


title: RCW 48.216.090

text:
The commissioner may adopt rules as necessary to implement and administer this chapter and shall repeal existing rules pertaining to travel insurance that are inconsistent with this chapter.
[ 2026 c 165 s 9.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Rules. (Effective January 1, 2027.)


title: RCW 48.216.900

text:
This chapter may be known and cited as the Washington travel insurance act.
[ 2026 c 165 s 10.]
Notes:
Effective date—2026 c 165 ss 1-13: See note following RCW 48.216.010.

catchline: Short title. (Effective January 1, 2027.)


title: RCW 48.21A.010

text:
It is the purpose of this chapter to provide a means of more adequately meeting the needs of persons who are sixty-five years of age or older and their spouses for insurance coverage against financial loss from accident or disease through the combined resources and experience of a number of insurers; to make possible the fullest extension of such coverage by encouraging insurers to combine their resources and experience and to exercise their collective efforts in the development and offering of policies of such insurance to all applicants; and to regulate the joint activities herein authorized in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), as amended.
[ 1965 ex.s. c 70 s 27.]

catchline: Declaration of purpose.


title: RCW 48.21A.020

text:
Wherever used in this chapter, the following terms shall have the meanings hereinafter set forth or indicated, unless the context otherwise requires:
(a) "Association" means a voluntary unincorporated association of insurers formed for the purpose of enabling cooperative action to provide disability insurance in accordance with this chapter in this or any other state having legislation enabling the issuance of insurance of the type provided in this chapter.
(b) "Insurer" means any insurance company which is authorized to transact disability insurance in this state.
(c) "Extended health insurance" means hospital, surgical and medical expense insurance provided by a policy issued as provided by this chapter.
[ 1965 ex.s. c 70 s 28.]

catchline: Definitions.


title: RCW 48.21A.030

text:
Notwithstanding any other provision of this code or any other law which may be inconsistent herewith, any insurer may join with one or more other insurers, to plan, develop, underwrite, and offer and provide to any person who is sixty-five years of age or older and to the spouse of such person, extended health insurance against financial loss from accident or disease, or both. Such insurance may be offered, issued and administered jointly by two or more insurers by a group policy issued to a policyholder through an association formed for the purpose of offering, selling, issuing and administering such insurance. The policyholder may be an association, a trustee, or any other person. Any such policy may provide, among other things, that the benefits payable thereunder are subject to reduction if the individual insured has any other coverage providing hospital, surgical or medical benefits whether on an indemnity basis or a provision of service basis resulting in such insured being eligible for more than one hundred percent of covered expenses which he or she is required to pay, and any insurer issuing individual policies providing extended hospital, surgical or medical benefits to persons sixty-five years of age and older and their spouses may also use such a policy provision. A master group policy issued to an association or to a trustee or any person appointed by an association for the purpose of providing the insurances described in this section shall be another form of group disability insurance.
Any form of policy approved by the commissioner for an association shall be offered throughout Washington to all persons sixty-five and older and their spouses, and the coverage of any person insured under such a form of policy shall not be cancellable except for nonpayment of premiums unless the coverage of all persons insured under such form of policy is also canceled.
[ 2009 c 549 s 7104; 1965 ex.s. c 70 s 29.]

catchline: Insurers may join—Policyholder—Reduced benefit provision—Master group policy—Offering—Cancellation.


title: RCW 48.21A.040

text:
Any person licensed to transact disability insurance as an insurance producer may transact extended health insurance and may be paid a commission thereon.
[ 2008 c 217 s 25; 1965 ex.s. c 70 s 30.]
Notes:
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.

catchline: Insurance producers.


title: RCW 48.21A.050

text:
Any association formed for the purposes of this chapter may hold title to property, may enter into contracts, and may limit the liability of its members to their respective pro rata shares of the liability of such association. Any such association may sue and be sued in its associate name and for such purpose only shall be treated as a domestic corporation. Service of process against such association, made upon a managing agent, any member thereof or any agent authorized by appointment to receive service of process, shall have the same force and effect as if such service had been made upon all members of the association. Such association's books and records shall also be subject to examination under the provisions of RCW 48.03.010 through 48.03.070, inclusive, either separately or concurrently with examination of any of its member insurers.
[ 1983 c 3 s 151; 1965 ex.s. c 70 s 31.]

catchline: Powers and duties of associations.


title: RCW 48.21A.060

text:
The forms of the policies, applications, certificates or other evidence of insurance coverage and applicable premium rates relating thereto shall be filed with the commissioner. No such policy, contract, or other evidence of insurance, application or other form shall be sold, issued or used and no endorsement shall be attached to or printed or stamped thereon unless the form thereof shall have been approved by the commissioner or thirty days shall have expired after such filing without written notice from the commissioner of disapproval thereof. The commissioner shall disapprove the forms of such insurance if he or she finds that they are unjust, unfair, inequitable, misleading or deceptive or that the rates are by reasonable assumption excessive in relation to the benefits provided. In determining whether such rates by reasonable assumptions are excessive in relation to the benefits provided, the commissioner shall give due consideration to past and prospective claim experience, within and outside this state, and to fluctuations in such claim experience, to a reasonable risk charge, to contribution to surplus and contingency funds, to past and prospective expenses, both within and outside this state, and to all other relevant factors within and outside this state including any differing operating methods of the insurers joining in the issue of the policy. In exercising the powers conferred upon him or her by this chapter, the commissioner shall not be bound by any other requirement of this code with respect to standard provisions to be included in disability policies or forms.
The commissioner may, after hearing upon written notice, withdraw an approval previously given, upon such grounds as in his or her opinion would authorize disapproval upon original submission thereof. Any such withdrawal of approval after hearing shall be by notice in writing specifying the ground thereof and shall be effective at the expiration of such period, not less than ninety days after the giving of notice of withdrawal, as the commissioner shall in such notice prescribe.
If and when a program of hospital, surgical and medical benefits is enacted by the federal government or the state of Washington, the extended health insurance benefits provided by policies issued under this chapter shall be adjusted to avoid any duplication of benefits offered by the federal or state programs and the premium rates applicable thereto shall be adjusted to conform with the adjusted benefits.
The association shall submit an annual report to the insurance commissioner which shall become public information and shall provide information as to the number of persons insured, the names of the insurers participating in the association with respect to insurance offered under this chapter and the calendar year experience applicable to such insurance offered under this chapter, including premiums earned, claims paid during the calendar year, the amount of claims reserve established, administrative expenses, commissions, promotional expenses, taxes, contingency reserve, other expenses, and profit and loss for the year. The commissioner shall require the association to provide any and all information concerning the operations of the association deemed relevant by him for inclusion in the report.
[ 2009 c 549 s 7105; 1965 ex.s. c 70 s 32.]

catchline: Commissioner's powers—Forms—Rates—Standard provisions—Withdrawal of approval—Federal, state benefits—Annual reports.


title: RCW 48.21A.070

text:
The articles of association of any association formed in accordance with this chapter, all amendments and supplements thereto, a designation in writing of a resident of this state as agent for the service of process, and a list of insurers who are members of the association and all supplements thereto shall be filed with the commissioner.
The name of any association or any advertising or promotional material used in connection with extended health insurance to be sold, offered, or issued, pursuant to this chapter shall not be such as to mislead or deceive the public.
[ 1965 ex.s. c 70 s 33.]

catchline: Documents to be filed—Deceptive name or advertising.


title: RCW 48.21A.080

text:
No act done, action taken or agreement made pursuant to the authority conferred by this chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state heretofore or hereafter enacted which does not specifically refer to insurance.
[ 1965 ex.s. c 70 s 34.]

catchline: Remedies.


title: RCW 48.21A.090

text:
(1) Every insurer entering into or renewing extended health insurance governed by this chapter shall offer optional coverage for home health care and hospice care for persons who are homebound and would otherwise require hospitalization. Such optional coverage need only be offered in conjunction with a policy that provides payment for hospitalization as a part of health care coverage. Persons seeking such services for palliative care in conjunction with treatment or management of serious or life-threatening illness need not be homebound in order to be eligible for coverage under this section.
(2) Home health care and hospice care coverage offered under subsection (1) of this section shall conform to the following standards, limitations, and restrictions in addition to those set forth in chapters 70.126 and 70.127 RCW:
(a) The coverage may include reasonable deductibles, coinsurance provisions, and internal maximums;
(b) The coverage should be structured to create incentives for the use of home health care and hospice care as an alternative to hospitalization;
(c) The coverage may contain provisions for utilization review and quality assurance;
(d) The coverage may require that home health agencies and hospices have written treatment plans approved by a physician licensed under chapter 18.57 or 18.71 RCW, and may require such treatment plans to be reviewed at designated intervals;
(e) The coverage shall provide benefits for, and restrict benefits to, services rendered by home health and hospice agencies licensed under chapter 70.127 RCW;
(f) Hospice care coverage shall provide benefits for terminally ill patients for an initial period of care of not less than six months and may provide benefits for an additional six months of care in cases where the patient is facing imminent death or is entering remission if certified in writing by the attending physician;
(g) Home health care coverage shall provide benefits for a minimum of one hundred thirty health care visits per calendar year. However, a visit of any duration by an employee of a home health agency for the purpose of providing services under the plan of treatment constitutes one visit;
(h) The coverage may be structured so that services or supplies included in the primary contract are not duplicated in the optional home health and hospice coverage.
(3) The insurance commissioner shall adopt any rules necessary to implement this section.
(4) The requirements of this section shall not apply to contracts or policies governed by chapter 48.66 RCW.
(5) An insurer, as a condition of reimbursement, may require compliance with home health and hospice certification regulations established by the United States department of health and human services.
[ 2015 c 22 s 2; 1989 1st ex.s. c 9 s 220; 1988 c 245 s 32; 1984 c 22 s 2; 1983 c 249 s 2.]
Notes:
Application—2015 c 22: See note following RCW 48.21.220.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Effective date—1984 c 22: See note following RCW 48.21.220.
Effective date—1983 c 249: See note following RCW 70.126.001.
Home health care, hospice care, rules: Chapter 70.126 RCW.

catchline: Home health care, hospice care, optional coverage required—Standards, limitations, restrictions—Rules—Medicare supplemental contracts excluded.


title: RCW 48.21A.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 117.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 48.22.005

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Automobile" means a passenger car as defined in RCW 46.04.382 registered or principally garaged in this state other than:
(a) A farm-type tractor or other self-propelled equipment designed for use principally off public roads;
(b) A vehicle operated on rails or crawler-treads;
(c) A vehicle located for use as a residence;
(d) A motor home as defined in RCW 46.04.305; or
(e) A moped as defined in RCW 46.04.304.
(2) "Bodily injury" means bodily injury, sickness, or disease, including death at any time resulting from the injury, sickness, or disease.
(3) "Income continuation benefits" means payments for the insured's loss of income from work, because of bodily injury sustained by the insured in an automobile accident, less income earned during the benefit payment period. The combined weekly payment an insured may receive under personal injury protection coverage, worker's compensation, disability insurance, or other income continuation benefits may not exceed eighty-five percent of the insured's weekly income from work. The benefit payment period begins fourteen days after the date of the automobile accident and ends at the earliest of the following:
(a) The date on which the insured is reasonably able to perform the duties of his or her usual occupation;
(b) Fifty-four weeks from the date of the automobile accident; or
(c) The date of the insured's death.
(4) "Insured automobile" means an automobile described on the declarations page of the policy.
(5) "Insured" means:
(a) The named insured or a person who is a resident of the named insured's household and is either related to the named insured by blood, marriage, or adoption, or is the named insured's ward, foster child, or stepchild; or
(b) A person who sustains bodily injury caused by accident while: (i) Occupying or using the insured automobile with the permission of the named insured; or (ii) a pedestrian accidentally struck by the insured automobile.
(6) "Loss of services benefits" means reimbursement for payment to others, not members of the insured's household, for expenses reasonably incurred for services in lieu of those the insured would usually have performed for his or her household without compensation, provided the services are actually rendered. The maximum benefit is forty dollars per day. Reimbursement for loss of services ends the earliest of the following:
(a) The date on which the insured person is reasonably able to perform those services;
(b) Fifty-two weeks from the date of the automobile accident; or
(c) The date of the insured's death.
(7) "Medical and hospital benefits" means payments for all reasonable and necessary expenses incurred by or on behalf of the insured for injuries sustained as a result of an automobile accident for health care services provided by persons licensed under Title 18 RCW, including pharmaceuticals, prosthetic devices and eyeglasses, and necessary ambulance, hospital, and professional nursing service. Medical and hospital benefits are payable for expenses incurred within three years from the date of the automobile accident.
(8) "Automobile liability insurance policy" means a policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage suffered by any person and arising out of the ownership, maintenance, or use of an insured automobile. An automobile liability policy does not include:
(a) Vendors single interest or collateral protection coverage;
(b) General liability insurance; or
(c) Excess liability insurance, commonly known as an umbrella policy, where coverage applies only as excess to an underlying automobile policy.
(9) "Named insured" means the individual named in the declarations of the policy and includes his or her spouse if a resident of the same household.
(10) "Occupying" means in or upon or entering into or alighting from.
(11) "Pedestrian" means a natural person not occupying a motor vehicle as defined in RCW 46.04.320.
(12) "Personal injury protection" means the benefits described in this section and RCW 48.22.085 through 48.22.100. Payments made under personal injury protection coverage are limited to the actual amount of loss or expense incurred.
[ 2003 c 115 s 1; 1993 c 242 s 1.]
Notes:
Severability—1993 c 242: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 242 s 7.]
Effective date—1993 c 242: "Sections 1 through 5 of this act shall take effect July 1, 1994." [ 1993 c 242 s 8.]


title: RCW 48.22.020

text:
The commissioner shall after consultation with the insurers licensed to write motor vehicle liability insurance in this state, approve a reasonable plan or plans for the equitable apportionment among such insurers of applicants for such insurance who are in good faith entitled to but are unable to procure insurance through ordinary methods and, when such plan has been approved, all such insurers shall subscribe thereto and shall participate therein. Any applicant for such insurance, any person insured under such plan and any insurer affected may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate such plan.
[1947 c 79 s .22.02; Rem. Supp. 1947 s 45.22.02.]
Notes:
Rate modifications for assigned risks: RCW 48.19.400.

catchline: Assigned risk plans.


title: RCW 48.22.030

text:
(1) "Underinsured motor vehicle" means a motor vehicle with respect to the ownership, maintenance, or use of which either no bodily injury or property damage liability bond or insurance policy applies at the time of an accident, or with respect to which the sum of the limits of liability under all bodily injury or property damage liability bonds and insurance policies applicable to a covered person after an accident is less than the applicable damages which the covered person is legally entitled to recover.
(2) No new policy or renewal of an existing policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage, suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be issued with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of underinsured motor vehicles, hit-and-run motor vehicles, and phantom vehicles because of bodily injury, death, or property damage, resulting therefrom, except while operating or occupying a motorcycle or motor-driven cycle, and except while operating or occupying a motor vehicle owned or available for the regular use by the named insured or any family member, and which is not insured under the liability coverage of the policy. The coverage required to be offered under this chapter is not applicable to general liability policies, commonly known as umbrella policies, or other policies which apply only as excess to the insurance directly applicable to the vehicle insured.
(3) Except as to property damage, coverage required under subsection (2) of this section shall be in the same amount as the insured's third party liability coverage unless the insured rejects all or part of the coverage as provided in subsection (4) of this section. Coverage for property damage need only be issued in conjunction with coverage for bodily injury or death. Property damage coverage required under subsection (2) of this section shall mean physical damage to the insured motor vehicle unless the policy specifically provides coverage for the contents thereof or other forms of property damage.
(4) A named insured or spouse may reject, in writing, underinsured coverage for bodily injury or death, or property damage, and the requirements of subsections (2) and (3) of this section shall not apply. If a named insured or spouse has rejected underinsured coverage, such coverage shall not be included in any supplemental or renewal policy unless a named insured or spouse subsequently requests such coverage in writing. The requirement of a written rejection under this subsection shall apply only to the original issuance of policies issued after July 24, 1983, and not to any renewal or replacement policy. When a named insured or spouse chooses a property damage coverage that is less than the insured's third party liability coverage for property damage, a written rejection is not required.
(5) The limit of liability under the policy coverage may be defined as the maximum limits of liability for all damages resulting from any one accident regardless of the number of covered persons, claims made, or vehicles or premiums shown on the policy, or premiums paid, or vehicles involved in an accident.
(6) The policy may provide that if an injured person has other similar insurance available to him or her under other policies, the total limits of liability of all coverages shall not exceed the higher of the applicable limits of the respective coverages.
(7)(a) The policy may provide for a deductible of not more than three hundred dollars for payment for property damage when the damage is caused by a hit-and-run driver or a phantom vehicle.
(b) In all other cases of underinsured property damage coverage, the policy may provide for a deductible of not more than one hundred dollars.
(8) For the purposes of this chapter, a "phantom vehicle" shall mean a motor vehicle which causes bodily injury, death, or property damage to an insured and has no physical contact with the insured or the vehicle which the insured is occupying at the time of the accident if:
(a) The facts of the accident can be corroborated by competent evidence other than the testimony of the insured or any person having an underinsured motorist claim resulting from the accident; and
(b) The accident has been reported to the appropriate law enforcement agency within seventy-two hours of the accident.
(9) An insurer who elects to write motorcycle or motor-driven cycle insurance in this state must provide information to prospective insureds about the coverage.
(10) An insurer who elects to write motorcycle or motor-driven cycle insurance in this state must provide an opportunity for named insureds, who have purchased liability coverage for a motorcycle or motor-driven cycle, to reject underinsured coverage for that motorcycle or motor-driven cycle in writing.
(11) If the covered person seeking underinsured motorist coverage under this section was the intended victim of the tort feasor, the incident must be reported to the appropriate law enforcement agency and the covered person must cooperate with any related law enforcement investigation.
(12) The purpose of this section is to protect innocent victims of motorists of underinsured motor vehicles. Covered persons are entitled to coverage without regard to whether an incident was intentionally caused. However, a person is not entitled to coverage if the insurer can demonstrate that the covered person intended to cause the event for which a claim is made under the coverage described in this section. As used in this section, and in the section of policies providing the underinsured motorist coverage described in this section, "accident" means an occurrence that is unexpected and unintended from the standpoint of the covered person.
(13) The coverage under this section may be excluded as provided for under *RCW 48.177.010(6).
(14) "Underinsured coverage," for the purposes of this section, means coverage for "underinsured motor vehicles," as defined in subsection (1) of this section.
[ 2015 c 236 s 7; 2009 c 549 s 7106; 2007 c 80 s 14. Prior: 2006 c 187 s 1; 2006 c 110 s 1; 2006 c 25 s 17; 2004 c 90 s 1; 1985 c 328 s 1; 1983 c 182 s 1; 1981 c 150 s 1; 1980 c 117 s 1; 1967 c 150 s 27.]
Notes:
*Reviser's note: RCW 48.177.010 was recodified as RCW 46.72B.180 pursuant to 2022 c 281 s 35.
Severability—1983 c 182: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 182 s 3.]
Effective date—1981 c 150: "This act shall take effect on September 1, 1981." [ 1981 c 150 s 3.]
Effective date—1980 c 117: "This act shall take effect on September 1, 1980." [ 1980 c 117 s 8.]

catchline: Underinsured, hit-and-run, phantom vehicle coverage to be provided—Purpose—Definitions—Exceptions—Conditions—Deductibles—Information on motorcycle or motor-driven cycle coverage—Intended victims.


title: RCW 48.22.040

text:
(1) The term "underinsured motor vehicles" with reference to coverage offered under any insurance policy regulated under this chapter shall, subject to the terms and conditions of such coverage, be deemed to include an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency.
(2) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's underinsured motorist coverage is in effect where the liability insurer of the tort-feasor becomes insolvent within three years after such an accident. Nothing herein contained shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided hereunder.
(3) In the event of payment to an insured under the coverage required by this chapter and subject to the terms and conditions of such coverage, the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment resulting from the exercise of any rights of recovery of such insured against any person or organization legally responsible for the bodily injury, death, or property damage for which such payment is made, including the proceeds recoverable from the assets of the insolvent insurer. Whenever an insurer shall make payment under the coverage required by this section and which payment is occasioned by an insolvency, such insurer's right of recovery or reimbursement shall not include any rights against the insured of said insolvent insurer for any amounts which would have been paid by the insolvent insurer. Such paying insurer shall have the right to proceed directly against the insolvent insurer or its receiver, and in pursuance of such right such paying insurer shall possess any rights which the insured of the insolvent company might otherwise have had, if the insured of the insolvent insurer had personally made the payment.
[ 1983 c 182 s 2; 1980 c 117 s 2; 1967 ex.s. c 95 s 3.]
Notes:
Severability—1983 c 182: See note following RCW 48.22.030.
Effective date—1980 c 117: See note following RCW 48.22.030.

catchline: Underinsured motor vehicle coverage where liability insurer is insolvent—Extent of coverage—Rights of insurer upon making payment.


title: RCW 48.22.050

text:
The commissioner shall by regulation require insurers authorized to write casualty insurance in this state to form a market assistance plan to assist persons and other entities unable to purchase casualty insurance in an adequate amount from either the admitted market or nonadmitted market.
For the purpose of this section, a market assistance plan means a voluntary mechanism by insurers writing casualty insurance in this state in either the admitted or nonadmitted market to provide casualty insurance for a class of insurance designated in writing to the plan by the commissioner.
The bylaws and method of operation of any market assistance plan shall be approved by the commissioner prior to its operation.
A market assistance plan shall have a minimum of twenty-five insurers willing to insure risks within the class designated by the commissioner. If twenty-five insurers do not voluntarily agree to participate, the commissioner may require casualty insurers to participate in a market assistance plan as a condition of continuing to do business in this state. The commissioner shall make such a requirement to fulfill the quota of at least twenty-five insurers. The commissioner shall make his or her designation on the basis of the insurer's premium volume of casualty insurance in this state.
[ 1986 c 305 s 906.]
Notes:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Market assistance plans.


title: RCW 48.22.060

text:
Every insurer that writes collision and comprehensive coverage for loss or damage to "private passenger automobiles" or "motor homes," as those terms are defined in RCW 48.18.297 and 46.04.305, respectively, shall provide, upon the insured's request, coverage that will pay, in the event of total loss, an amount, in excess of the actual cash value of the vehicle, sufficient to satisfy any outstanding indebtedness secured by and incurred in conjunction with the financing of the purchase of a new private passenger automobile or motor home.
Nothing in this section prohibits an insurer from denying or excluding such coverage where the insured or someone acting on the insured's behalf acts in a fraudulent manner to obtain or file a claim under such coverage.
[ 1988 c 248 s 16; 1987 c 240 s 1.]
Notes:
Effective date—1987 c 240: "The effective date of this act is January 1, 1988." [ 1987 c 240 s 2.]

catchline: Debt and financing coverage.


title: RCW 48.22.070

text:
(1) The commissioner shall adopt rules establishing a reasonable plan to insure that workers' compensation coverage as required by the United States longshore and harbor workers' compensation act, 33 U.S.C. Secs. 901 through 950, and maritime employer's liability coverage incidental to the workers' compensation coverage is available to those unable to purchase it through the normal insurance market. This plan shall require the participation of all authorized insurers writing primary or excess United States longshore and harbor workers' compensation insurance in the state of Washington and the Washington state industrial insurance fund as defined in RCW 51.08.175 which is authorized to participate in the plan and to make payments in support of the plan in accordance with this section. Any underwriting losses or surpluses incurred by the plan shall be determined by the governing committee of the plan and shall be shared by plan participants in accordance with the following ratios: The state industrial insurance fund, fifty percent; and authorized insurers writing primary or excess United States longshore and harbor workers' compensation insurance, fifty percent.
(2) The Washington state industrial insurance fund may obtain or provide reinsurance coverage for the plan created under subsection (1) of this section the terms of which shall be negotiated between the state fund and the plan. This coverage shall not be obtained or provided if the commissioner determines that the premium to be charged would result in unaffordable rates for coverage provided by the plan. In considering whether excess of loss coverage premiums would result in unaffordable rates for workers' compensation coverage provided by the plan, the commissioner shall compare the resulting plan rates to those provided under any similar pool or plan of other states.
(3) An applicant for plan insurance, a person insured under the plan, or an insurer, affected by a ruling or decision of the manager or committee designated to operate the plan may appeal to the commissioner for resolution of a dispute. In adopting rules under this section, the commissioner shall require that the plan use generally accepted actuarial principles for rate making.
[ 1997 c 110 s 1; 1993 c 177 s 1; 1992 c 209 s 2.]
Notes:
Effective date—1997 c 110: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 21, 1997]." [ 1997 c 110 s 3.]
Effective date—1993 c 177: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 30, 1993]." [ 1993 c 177 s 4.]
Finding—Declaration—1992 c 209: "The legislature finds and declares that the continued existence of a strong and healthy maritime industry in this state is threatened by the unavailability and excessive cost of workers' compensation coverage required by the United States longshoreman's and harbor worker's compensation act. The legislature, therefore, acting under its authority to protect industry and employment in this state hereby establishes a commission to devise and implement both a near and long-term solution to this problem, for the purpose of maintaining employment for Washington workers and a vigorous maritime industry." [ 1992 c 209 s 1.]

catchline: Longshoreman's and harbor worker's compensation coverage—Rules—Plan creation.


title: RCW 48.22.080

text:
Effective July 1, 1994, a casualty insurer's issuance of a new medical malpractice policy or renewal of an existing medical malpractice policy to a physician or other independent health care practitioner shall be conditioned upon that practitioner's participation in, and completion of, an insurer-designed health care liability risk management training program once every three years. Completion of said training program during 1994 shall satisfy the first three-year training requirement. The risk management training shall provide information related to avoiding adverse health outcomes resulting from substandard practice and minimizing damages associated with the adverse health outcomes that do occur. For purposes of this section, "independent health care practitioners" means those health care practitioner licensing classifications designated by the department of health in rule pursuant to *RCW 18.130.330.
[ 1994 c 102 s 2; 1993 c 492 s 413.]
Notes:
*Reviser's note: RCW 18.130.330 was repealed by 1995 c 265 s 27, effective July 1, 1995.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.

catchline: Health care liability risk management training program.


title: RCW 48.22.085

text:
(1) No new automobile liability insurance policy or renewal of such an existing policy may be issued unless personal injury protection coverage is offered as an optional coverage.
(2) A named insured may reject, in writing, personal injury protection coverage and the requirements of subsection (1) of this section shall not apply. If a named insured rejects personal injury protection coverage:
(a) That rejection is valid and binding as to all levels of coverage and on all persons who might have otherwise been insured under such coverage; and
(b) The insurer is not required to include personal injury protection coverage in any supplemental, renewal, or replacement policy unless a named insured subsequently requests such coverage in writing.
(3) The coverage under this section may be excluded as provided for under *RCW 48.177.010(6).
[ 2015 c 236 s 8; 2003 c 115 s 2; 1993 c 242 s 2.]
Notes:
*Reviser's note: RCW 48.177.010 was recodified as RCW 46.72B.180 pursuant to 2022 c 281 s 35.
Severability—Effective date—1993 c 242: See notes following RCW 48.22.005.

catchline: Automobile liability insurance policy—Optional coverage for personal injury protection—Rejection by insured.


title: RCW 48.22.090

text:
An insurer is not required to provide personal injury protection coverage to or on behalf of:
(1) A person who intentionally causes injury to himself or herself;
(2) A person who is injured while participating in a prearranged or organized racing or speed contest or in practice or preparation for such a contest;
(3) A person whose bodily injury is due to war, whether or not declared, or to an act or condition incident to such circumstances;
(4) A person whose bodily injury results from the radioactive, toxic, explosive, or other hazardous properties of nuclear material;
(5) The named insured or a relative while occupying a motor vehicle owned by the named insured or furnished for the named insured's regular use, if such motor vehicle is not described on the declaration page of the policy under which a claim is made;
(6) A relative while occupying a motor vehicle owned by the relative or furnished for the relative's regular use, if such motor vehicle is not described on the declaration page of the policy under which a claim is made; or
(7) An insured whose bodily injury results or arises from the insured's use of an automobile in the commission of a felony.
[ 2003 c 115 s 3; 1993 c 242 s 3.]
Notes:
Severability—Effective date—1993 c 242: See notes following RCW 48.22.005.

catchline: Personal injury protection coverage—Exceptions.


title: RCW 48.22.095

text:
(1) Insurers providing automobile insurance policies must offer minimum personal injury protection coverage for each insured with benefit limits as follows:
(a) Medical and hospital benefits of ten thousand dollars;
(b) A funeral expense benefit of two thousand dollars;
(c) Income continuation benefits of ten thousand dollars, subject to a limit of two hundred dollars per week; and
(d) Loss of services benefits of five thousand dollars, subject to a limit of two hundred dollars per week.
(2) The coverage under this section may be excluded as provided for under *RCW 48.177.010(6).
[ 2015 c 236 s 9; 2003 c 115 s 4; 1993 c 242 s 4.]
Notes:
*Reviser's note: RCW 48.177.010 was recodified as RCW 46.72B.180 pursuant to 2022 c 281 s 35.
Severability—Effective date—1993 c 242: See notes following RCW 48.22.005.

catchline: Automobile insurance policies—Minimum personal injury protection coverage.


title: RCW 48.22.100

text:
If requested by a named insured, an insurer providing automobile liability insurance policies must offer personal injury protection coverage for each insured with benefit limits as follows:
(1) Medical and hospital benefits of thirty-five thousand dollars;
(2) A funeral expense benefit of two thousand dollars;
(3) Income continuation benefits of thirty-five thousand dollars, subject to a limit of seven hundred dollars per week; and
(4) Loss of services benefits of fourteen thousand six hundred dollars.
[ 2003 c 115 s 5; 1993 c 242 s 5.]
Notes:
Severability—Effective date—1993 c 242: See notes following RCW 48.22.005.

catchline: Automobile insurance policies—Personal injury protection coverage—Request by named insured—Benefit limits.


title: RCW 48.22.105

text:
The commissioner may adopt such rules as are necessary to implement RCW 48.22.005 and 48.22.085 through 48.22.100.
[ 1993 c 242 s 9.]
Notes:
Severability—1993 c 242: See note following RCW 48.22.005.

catchline: Rule making.


title: RCW 48.22.110

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 48.22.115 through 48.22.135.
(1) "Borrower" means a person who receives a loan or enters into a retail installment contract under chapter 63.14 RCW to purchase a motor vehicle or vessel in which the secured party holds an interest.
(2) "Motor vehicle" means a motor vehicle in this state subject to registration under *chapter 46.16 RCW, except motor vehicles governed by RCW 46.16A.170 or registered with the Washington utilities and transportation commission as common or contract carriers.
(3) "Secured party" means a person, corporation, association, partnership, or venture that possesses a bona fide security interest in a motor vehicle or vessel.
(4) "Vendor single-interest" or "collateral protection coverage" means insurance coverage insuring primarily or solely the interest of a secured party but which may include the interest of the borrower in a motor vehicle or vessel serving as collateral and obtained by the secured party or its agent after the borrower has failed to obtain or maintain insurance coverage required by the financing agreement for the motor vehicle or vessel. Vendor single-interest or collateral protection coverage does not include insurance coverage purchased by a secured party for which the borrower is not charged.
(5) "Vessel" means a vessel as defined in RCW 88.02.310 and includes personal watercraft as defined in RCW 79A.60.010.
[ 2010 c 161 s 1148; 2003 c 248 s 10; 1994 c 186 s 1.]
Notes:
*Reviser's note: Although directed to be recodified within chapter 46.16 RCW pursuant to chapter 161, Laws of 2010, a majority of chapter 46.16 RCW was recodified under chapter 46.16A RCW pursuant to RCW 1.08.015 (2)(k) and (3).
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.
Effective date—1994 c 186 ss 1-5: "Sections 1 through 5 of this act take effect January 1, 1995." [ 1994 c 186 s 8.]

catchline: Vendor single-interest or collateral protection coverage—Definitions.


title: RCW 48.22.115

text:
In a contract or loan agreement, or on a separate document accompanying the contract or loan agreement and signed by the borrower, that provides financing for a motor vehicle or vessel and authorizes a secured party to purchase vendor single interest or collateral protection coverage, the following or substantially similar warning must be set forth in ten-point print:
WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR LOAN AGREEMENT, WE MAY PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPER COVERAGE ELSEWHERE.
YOU ARE RESPONSIBLE FOR THE COST OF ANY INSURANCE PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE ADDED TO YOUR LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR PRIOR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE.
THE COVERAGE WE PURCHASE MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN AND MAY NOT SATISFY WASHINGTON'S MANDATORY LIABILITY INSURANCE LAWS.
[ 1994 c 186 s 2.]
Notes:
Effective date—1994 c 186 ss 1-5: See note following RCW 48.22.110.

catchline: Vendor single-interest or collateral protection coverage—Warning.


title: RCW 48.22.120

text:
(1) A secured party shall not impose charges, that may include but are not limited to interest, finance, and premium charges, on a borrower for vendor single interest or collateral protection coverage for the motor vehicle or vessel as provided in subsection (2) of this section until the following or a substantially similar warning printed in ten-point type is sent to the borrower:
FINAL NOTICE AND WARNING
UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS REQUIRED BY OUR LOAN AGREEMENT WITHIN FIVE DAYS AFTER THE POSTMARK ON THIS LETTER, WE WILL PURCHASE INSURANCE AT YOUR EXPENSE TO PROTECT OUR INTEREST. THIS INSURANCE MAY, BUT NEED NOT, ALSO PROTECT YOUR INTEREST. IF THE COLLATERAL BECOMES DAMAGED, THE COVERAGE WE PURCHASE MAY NOT PAY ANY CLAIM YOU MAKE OR ANY CLAIM MADE AGAINST YOU. YOU MAY LATER CANCEL THIS COVERAGE BY PROVIDING EVIDENCE THAT YOU HAVE OBTAINED PROPER COVERAGE ELSEWHERE OR HAVE PAID OFF THE LOAN ON THE COLLATERAL IN ITS ENTIRETY.
YOU ARE RESPONSIBLE FOR THE COST OF THE INSURANCE PURCHASED BY US. THE COST OF THIS INSURANCE MAY BE ADDED TO YOUR LOAN BALANCE. IF THE COST IS ADDED TO THE LOAN BALANCE, THE INTEREST RATE ON THE UNDERLYING LOAN WILL APPLY TO THIS ADDED AMOUNT. THE EFFECTIVE DATE OF COVERAGE MAY BE THE DATE YOUR COVERAGE LAPSED OR THE DATE YOU FAILED TO PROVIDE PROOF OF COVERAGE.
THE COVERAGE WE PURCHASE WILL COST YOU A TOTAL OF APPROXIMATELY $ . . . . (PLUS INTEREST) AND MAY BE CONSIDERABLY MORE EXPENSIVE THAN INSURANCE YOU CAN OBTAIN ON YOUR OWN.
The final notice and warning shall identify whether the coverage to be purchased is vendor single interest or collateral protection coverage and disclose the extent of the borrower's coverage, if any, including a statement of whether the coverage satisfies Washington's mandatory liability insurance laws.
(2) If reasonable efforts to provide the borrower with the notice required under subsection (1) of this section fail to produce evidence of the required insurance, the secured party may proceed to impose charges for vendor single interest or collateral protection coverage no sooner than eight days after giving notice as required under this chapter. Reasonable efforts to provide notice under this section means:
(a) Within thirty days before the secured party is required to send the final notice and warning in compliance with subsection (1) of this section, the secured party shall mail a notice by first-class mail to the borrower's last known address as contained in the secured party's records. The notice shall state that the secured party intends to charge the borrower for vendor single interest or collateral protection coverage on the collateral if the borrower fails to provide evidence of proper insurance to the lender; and
(b) The secured party shall send the final notice and warning notice in compliance with subsection (1) of this section by certified mail to the borrower's last known address as contained in the secured party's records at least eight days before the insurance is charged to the borrower by the insurer.
(3) The secured party is responsible for complying with subsection (2)(a) and (b) of this section. However, a secured party may seek the services of other entities to fulfill the requirements of subsection (2)(a) and (b) of this section.
(4) Nothing contained in this chapter, or a secured party's compliance with or failure to comply with this chapter, shall be construed to require the secured party to purchase vendor single interest or collateral protection coverage, and the secured party shall not be liable to the borrower or any third party as a result of its failure to purchase vendor single interest or collateral protection coverage.
(5) Substantial compliance by a secured party with RCW 48.22.110 through 48.22.130 constitutes a complete defense to any claim arising under the laws of this state challenging the secured party's placement of vendor single interest or collateral protection coverage.
(6) The effective date of vendor single interest or collateral protection coverage placed under this chapter shall be either the date that the borrower's prior coverage lapsed or the date that the borrower failed to provide proof of coverage on the vehicle or vessel as required under the contract or loan agreement. Premiums for vendor single interest or collateral protection coverage placed under this chapter shall be calculated on a basis that does not exceed the outstanding credit balance as of the effective date of the coverage even though the coverage may limit liability to the outstanding balance, actual cash value, or cost of repair.
(7) If the secured party has purchased the contract or loan agreement relating to the motor vehicle or vessel from the seller of the motor vehicle or vessel under an agreement that the seller must repurchase the contract or loan agreement in the event of a default by the borrower, the secured party shall send a copy of the notice provided under subsection (2)(a) of this section by first-class mail to the seller at the seller's last known address on file with the secured party when such notice is sent to the borrower under subsection (2)(a) of this section.
[ 1994 c 186 s 3.]
Notes:
Effective date—1994 c 186 ss 1-5: See note following RCW 48.22.110.

catchline: Vendor single-interest or collateral protection coverage—Final notice and warning—No requirement to purchase—Effective date of coverage.


title: RCW 48.22.125

text:
(1) The secured party shall cancel vendor single interest or collateral protection coverage charged to the borrower effective the date of receipt of proper evidence from the borrower that the borrower has obtained insurance to protect the secured party's interest. Proper evidence includes an insurance binder that is no older than ninety days from the date of issuance and that contains physical damage coverage as provided in the borrower's loan agreement with respect to the motor vehicle or vessel.
(2) If the underlying loan or extension of credit for the underlying loan is satisfied, the secured party may not require the borrower to maintain vendor single interest or collateral protection coverage that has been purchased.
(3) The interest rate for financing the cost of vendor single interest or collateral protection coverage may not exceed the interest rate applied to the underlying loan obligation.
[ 1994 c 186 s 4.]
Notes:
Effective date—1994 c 186 ss 1-5: See note following RCW 48.22.110.

catchline: Vendor single-interest or collateral protection coverage—Cancellation when borrower has obtained insurance—Interest rate for financing.


title: RCW 48.22.130

text:
If vendor single interest or collateral protection coverage is canceled or discontinued under RCW 48.22.125 (1) or (2), the amount of unearned premium must be refunded to the borrower. At the option of the secured party, this refund may take the form of a credit against the borrower's obligation to the secured party. If the refund is taken as a credit against the borrower's obligation to the secured party, the secured party shall provide the borrower with an itemized statement that indicates the amount of the credit and where the credit has been applied.
[ 1994 c 186 s 5.]
Notes:
Effective date—1994 c 186 ss 1-5: See note following RCW 48.22.110.

catchline: Vendor single-interest or collateral protection coverage—Canceled or discontinued—Premium refund.


title: RCW 48.22.135

text:
The failure of a secured party prior to January 1, 1995, to provide notice as contemplated in this chapter, or otherwise to administer a vendor single interest or collateral protection coverage program in a manner similar to that required under this chapter, shall not be admissible in any court or arbitration proceeding or otherwise used to prove that a secured party's actions with respect to vendor single interest or collateral protection coverage or similar coverage were unlawful or otherwise improper. A secured party shall not be liable to the borrower or any other party for placing vendor single interest or collateral protection coverage in accordance with the terms of an otherwise legal loan or other written agreement with the borrower entered prior to January 1, 1995. The provisions of this section shall be applicable with respect to actions pending or commenced on or after June 9, 1994.
[ 1994 c 186 s 7.]

catchline: Vendor single-interest or collateral protection coverage—Application.


title: RCW 48.22.140

text:
In the event that the department of licensing suspends a driver's license solely for the nonpayment of child support as provided in chapter 74.20A RCW or for noncompliance with a *residential or visitation order as provided in chapter 26.09 RCW, any provision in the driver's motor vehicle liability insurance policy excluding insurance coverage for an unlicensed driver shall not apply to the driver for ninety days from the date of suspension. When a driver's license is suspended under chapter 74.20A RCW, the driving record for the suspended driver shall include a notation that explains the reason for the suspension.
[ 1997 c 58 s 808.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Driver's license suspension for nonpayment of child support—Exclusion of unlicensed driver from insurance coverage not applicable—Notation in driving record.


title: RCW 48.22.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 118.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 48.23.010

text:
This chapter applies to contracts of life insurance and annuities other than group life insurance, group annuities, and, except for RCW 48.23.260, 48.23.270, and 48.23.340, other than industrial life insurance. However, Title 48 RCW does not apply to charitable gift annuities issued by a board of a state university, regional university, or a state college, nor to the issuance thereof.
[ 2005 c 223 s 12; 1979 c 130 s 2; 1947 c 79 s .23.01; Rem. Supp. 1947 s 45.23.01.]
Notes:
Severability—1979 c 130: See note following RCW 28B.10.485.

catchline: Scope of chapter.