Washington Code 48.18.555 – Property insurance — Actions resulting from arson or malicious mischief — Definitions
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(1) For the purposes of this section:
Terms Used In Washington Code 48.18.555
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) “Arson” has the same meaning as in chapter 9A.48 RCW.
(b) “Health care facility” has the same meaning as defined in RCW 48.43.005.
(c) “Health care provider” has the same meaning as defined in RCW 48.43.005.
(d) “Insured” means a current policyholder or a person or entity that is covered under the insurance policy.
(e) A perpetrator does not have to be identified for an act of arson or malicious mischief to have occurred.
(f) “Malicious mischief” has the same meaning as in chapter 9A.48 RCW.
(g) “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) A health care facility;
(b) A health care provider; or
(c) A religious organization.
(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 arson or malicious mischief. 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 arson or malicious mischief, 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 arson or malicious mischief. 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 arson or malicious mischief. The report must include the policy number, name of the insured, location of the property, and the reason for the underwriting action.
[ 2006 c 145 § 2.]
NOTES:
Finding—Intent—2006 c 145: “The legislature finds that access to insurance can be imperiled by the response of insurers to criminal acts. Rather than allow criminals to achieve their objectives, it is the intent of the legislature that criminals, through criminal acts, should not dictate insurance underwriting decisions. It is the intent of the legislature that courts should use restitution from perpetrators of intentional property crimes to make property owners and insurers whole.” [ 2006 c 145 § 1.]