Washington Code 48.18.553 – Victims of hate crime offenses — Restrictions of underwriting actions — Definitions
Current as of: 2023 | Check for updates
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(1) For the purposes of this section:
Terms Used In Washington Code 48.18.553
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) “Insured” means a current policyholder or a person or entity that is covered under the insurance policy.
(b) “Hate crime offense” has the same meaning as RCW 9A.36.080. Under this section, the perpetrator does not have to be identified for a hate crime offense to have occurred.
(c) “Underwriting action” means an insurer:
(i) Cancels or refuses to renew an insurance policy; or
(ii) Changes the terms or benefits in an insurance policy.
(2) This section applies to property insurance policies if the insured is:
(a) An individual;
(b) A religious organization;
(c) An educational organization; or
(d) Any other nonprofit organization that is organized and operated for religious, charitable, or educational purposes.
(3) An insurer may not take an underwriting action on a policy described in subsection (2) of this section because an insured has made one or more insurance claims for any loss that occurred during the preceding sixty months that is the result of a hate crime offense. An insurer may take an underwriting action due to other factors that are not prohibited by this subsection.
(4) If an insured sustains a loss that is the result of a hate crime offense, the insured must file a report with the police or other law enforcement authority within thirty days of discovery of the incident, and a law enforcement authority must determine that a crime has occurred. The report must contain sufficient information to provide an insurer with reasonable notice that the loss was the result of a hate crime offense. The insured has a duty to cooperate with any law enforcement official or insurer investigation.
(5) Annually, each insurer must report underwriting actions to the commissioner if the insurer has taken an underwriting action against any insured who has filed a claim during the preceding sixty months that was the result of a hate crime offense. The report must include the policy number, name of the insured, location of the property, and the reason for the underwriting action.