WSR 06-19-103

EXPEDITED RULES

OFFICE OF THE

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2006-08 -- Filed September 20, 2006, 9:24 a.m. ]

Title of Rule and Other Identifying Information: Technical correction to WAC 284-20A-050.

NOTICE

THIS RULE IS BEING PROPOSED UNDER 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 USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kacy Scott, Insurance Commissioner's Office, P.O. Box 40255, Olympia, WA 98504-0255, e-mail Kacys@oic.wa.gov, fax (360) 586-3109 , AND RECEIVED BY November 21, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: After adoption of WAC 284-20A-050 (Insurance Commissioner Matter No. R 2006-01) a possible ambiguity was discovered. The intent of WAC 284-20A-050 is to exempt insurers from medical malpractice cancellation and nonrenewal laws if they provide only incidental medical malpractice coverage. It does not benefit consumers, nor is it customary practice to send cancellation and nonrenewal notices when incidental coverages are cancelled. This proposed amendment would eliminate any possible misunderstanding or ambiguity in this section.

Reasons Supporting Proposal: This proposed amendment would eliminate any possible misunderstanding or ambiguity.

Statutory Authority for Adoption: RCW 48.02.060 and 48.18.547.

Statute Being Implemented: RCW 48.18.547.

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

Name of Proponent: Mike Kreidler, insurance commissioner, governmental.

Name of Agency Personnel Responsible for Drafting: Lisa Smego, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7134; Implementation: John Hamje, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7262; and Enforcement: Carol Sureau, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7050.

September 20, 2006

Mike Kreidler

Insurance Commissioner

OTS-9224.1


AMENDATORY SECTION(Amending Matter No. R 2006-01, filed 8/10/06, effective 9/10/06)

WAC 284-20A-050   What constitutes a medical malpractice insurance policy for the purposes of RCW 48.18.290 (1)(b) and 48.18.2901 (1)(a)(ii)?   A medical malpractice insurance policy means an insurance policy written with the principal intent to provide medical malpractice insurance. For the purposes of this section, a policy does not include medical malpractice insurance written as ancillary coverage to a general liability or package policy if the principal exposure insured is not medical malpractice.

[Statutory Authority: RCW 48.02.060 and 48.18.547. 06-17-054 (Matter No. R 2006-01), 284-20A-050, filed 8/10/06, effective 9/10/06.]

Washington State Code Reviser's Office