WSR 98-08-098

EXPEDITED ADOPTION

INSURANCE COMMISSIONER'S OFFICE

[Insurance Commissioner Matter No. R 98-11--Filed April 1, 1998, 10:32 a.m.]



Title of Rule: Regulations pertaining to form filings

Purpose: To update and clarify chapter 284-58 WAC, regulations pertaining to form filings

Statutory Authority for Adoption: RCW 48.02.060

Statute Being Implemented: RCW 48.18.100

Summary: As part of the commissioner's review of Title 284 WAC, the proposed amendments will update various WAC sections in chapter 284-58 WAC that have been identified as outdated, inefficient, unclear, or duplicative

Reasons Supporting Proposal: The proposed amendments should make the code more efficient and improve the clarity of these rules

Name of Agency Personnel Responsible for Drafting: Kacy Brandeberry, Lacey, Washington, (360) 407-0729; Implementation and Enforcement: Dave Diehl, Olympia, Washington, (360) 664-2093

Name of Proponent: Deborah Senn, Insurance Commissioner, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposal will update, clarify and repeal various sections of chapter 284-58 WAC. The affected sections include WAC 284-58-010 and 284-58-020, language/clarity improvements; WAC 284-58-250, authorize companies to submit electronic filings, delete unnecessary and confusing language; WAC 284-58-260, amended to eliminate certification process; and WAC 284-58-270 and 284-58-280, repeal certification process eliminated.

The result of updating and clarifying these sections assists in making the code clearer and more useful to consumers, insurers, and the Office of the Insurance Commissioner

Proposal Changes the Following Existing Rules: WAC 284-58-010 and 284-58-020, language/clarity improvements; WAC 284-58-250, authorize companies to submit electronic filings, delete unnecessary and confusing language; WAC 284-58-260, amended to eliminate certification process; and WAC 284-58-270 and 284-58-280, repeal certification process eliminated.

The result of updating and clarifying these sections assists in making the code clearer and more useful to consumers, insurers, and the Office of the Insurance Commissioner

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kacy Brandeberry, Office of the Insurance Commissioner, P.O. Box 40256, Olympia, WA 98504-0256, e-mail Kacyb@oic.wa.gov, FAX (360) 407-0186, AND RECEIVED BY May 30, 1998

April 1, 1998

Greg J. Scully

Chief Deputy Commissioner

OTS-2105.2

AMENDATORY SECTION (Amending Order R 82-5, filed 11/5/82)



WAC 284-58-010  Title and purpose. (1) This chapter, WAC 284-58-010 through ((284-58-280)) 284-58-260, shall be known and may be cited as the Washington state form filing requirements.

(2) The purpose of this chapter is to:

(a) Establish the necessary contents of a form filing, including the documents to be used in connection with a form filing((, to));

(b) Designate the types of policy forms which may not be filed by certification ((pursuant to)) under RCW 48.18.100(2)((,)); and((,))

(c) With respect to disability insurance, ((to)) establish the filing requirements with respect to manuals of classification, manual of rules and rates, and modifications thereof.

(((3) The fees for filing both forms and rates, and the definitions of such filings for purposes of determining the proper filing fees, are set forth in WAC 284-14-010.))



[Statutory Authority: RCW 48.02.060. 82-23-009 (Order R 82-5), 284-58-010, filed 11/5/82.]



AMENDATORY SECTION (Amending Order R 82-5, filed 11/5/82)



WAC 284-58-020  Scope ((and general contents)). (1) This regulation applies to all insurers and to all forms required to be filed with the commissioner ((pursuant to)) under RCW 48.18.100, and to all manuals of classification, manuals of rules and rates and modifications ((thereof)) required to be filed with respect to disability insurance ((pursuant to)) under RCW 48.19.010(2).

(2) RCW 48.18.100 establishes ((two)) three basic types of form filings. The first type contemplates the approval of the commissioner. The second type contemplates a filing containing a certification, which permits the insurer to use the form without approval, immediately after the filing. The third type, for commercial property casualty forms, permits the insurer to use forms thirty days before filing. The first, or approval, type of filing requires the commissioner to act within ((fifteen days)) thirty (or ((thirty)) forty-five days, if extended ((pursuant to)) under RCW 48.18.100(3)), and, if the form has not been either approved or disapproved during such time period, the form is deemed approved and may be used by the insurer. In either case, the commissioner may subsequently withdraw approval or stop the use of a form for cause.

(((3) This chapter is divided into the following parts:

(a) The general contents of a life or disability insurance form filing and the reporting documents to be used are set forth in WAC 284-58-030 through 284-58-060.

(b) Designations of the types of life and disability insurance forms which may and may not be filed by the "certification" procedure are found in WAC 284-58-070 through 284-58-180.

(c) Procedures and forms for the certification of life and disability insurance forms and rates begin with WAC 284-58-190.

(d) The general contents of a form filing for property and casualty or kinds of insurance other than life and disability, required to be made pursuant to RCW 48.18.100, are set forth in WAC 284-58-250.

(e) Designation of the types of forms for insurances other than life and disability which may not be filed by the "certification" procedure is set forth in WAC 284-58-260.

(f) The form to be used for the certification of forms for insurances other than life and disability is set forth in WAC 284-58-280.))



[Statutory Authority: RCW 48.02.060. 82-23-009 (Order R 82-5), 284-58-020, filed 11/5/82.]



AMENDATORY SECTION (Amending Matter No. R 96-1, filed 5/2/96, effective 6/2/96)



WAC 284-58-250  General contents of a form filing for property and casualty insurance and kinds of insurance other than life and disability. (1) Each nonelectronic format form filing for property and casualty insurance or kinds of insurance other than life and disability((, whether for approval or by certification, shall)) must be submitted with the filing transmittal forms prescribed by and available from the commissioner. ((In addition, the filing shall include, if applicable, a completed certification form as prescribed in WAC 284-58-270 and the printed form or forms, in duplicate. Use of a standardized transmittal form makes it easier for the commissioner to identify filings, issuers, and other important identifying information; permits more efficient tracking of filings; and makes it less difficult to provide status reports of filings to persons outside the office. The form will include the name of the filing entity, its address, identification number, the type of filing being submitted, the form name or group name and number, and other relevant information.)) The transmittal forms must be completed according to the instructions provided by the insurance commissioner.

(2) Each electronic format form filing for property and casualty insurance of kinds of insurance other than life and disability must be submitted by the method and format prescribed by the commissioner.

(3) Each form must have a unique identifying number and a way to distinguish new editions.

(4) If a form being filed is a revision or replacement of any existing form, the filing shall specify the change and provide the reason for the change.

(5) Separate filings must be submitted for each line of insurance. However, forms properly used for more than one line of insurance may be submitted in one multipurpose filing.

(6) Form filings must be submitted separately from rate and rule filings.

(7) Filings are considered filed the date they are received by the insurance commissioner. Incomplete filings will be returned to the filer and will not be regarded as filed.



[Statutory Authority: RCW 48.02.060, 48.44.050, 48.46.200, 48.18.100, 48.19.040, 48.19.050, 48.19.070, 48.20.012, 48.21.045(2), 48.29.140, 48.43.055, 48.44.023(2), 48.44.040, 48.44.070, 48.46.030, 48.46.060, 48.46.066(2), 48.46.243, 48.96.025, 48.102.020. 96-11-004 (Matter No. R 96-1), 284-58-250, filed 5/2/96, effective 6/2/96. Statutory Authority: RCW 48.02.060. 82-23-009 (Order R 82-5), 284-58-250, filed 11/5/82.]



AMENDATORY SECTION (Amending Order R 82-5, filed 11/5/82)



WAC 284-58-260  Designation of forms for insurances ((other than life and disability)) which may not be filed by certification. (((1) Except as provided in subsection (2) of this section, every property or casualty insurance policy form and endorsement pertaining to the following types of insurance must be filed for approval and may not be filed through the certification process.

(a) Fire and allied lines;

(b) Farmowners multiple peril;

(c) Homeowners multiple peril;

(d) Commercial multiple peril;

(e) Inland marine;

(f) Professional liability;

(g) Earthquake;

(h) Private passenger automobile;

(i) Commercial automobile;

(j) General liability;

(k) Glass;

(l) Crime coverage;

(m) Boiler and machinery; and

(n) Credit.

(2) Whenever a policy form or endorsement identified in subsection (1) of this section has been filed by a rating organization with, and approved by, the commissioner, a form with identical substantive wording may be filed by an individual insurance company by the certification process.)) Forms may not be filed by certification for the types of insurance defined by RCW 48.11.040 through 48.11.100.



[Statutory Authority: RCW 48.02.060. 82-23-009 (Order R 82-5), 284-58-260, filed 11/5/82.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 284-58-270 Certification form to be used for property and casualty insurance.

WAC 284-58-280 Form to be used for certification of property or casualty insurance form filings.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office