PERMANENT RULES
INSURANCE COMMISSIONER
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this new rule is to provide clarity for insurers when issuing personal injury protection coverage with automobile insurance policies.
Statutory Authority for Adoption: RCW 48.02.060 and 48.22.105.
Adopted under notice filed as WSR 10-01-132 on December 21, 2009.
Changes Other than Editing from Proposed to Adopted Version: WAC 284-30-300(3), WAC 284-01-050 was changed to 15 U.S.E. Sec. 7001.
A final cost-benefit analysis is available by contacting Kacy Scott, P.O. Box 50258, Olympia, WA 98504-0258, phone (360) 725-7041, fax (360) 586-3109, e-mail kacys@oic.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: April 29, 2010.
Mike Kreidler
Insurance Commissioner
OTS-2497.5
NEW SECTION
WAC 284-20-300
Mandatory offering of personal injury
protection.
(1) Insurers issuing an automobile liability
insurance policy must offer the minimum personal injury
protection coverage limits required in RCW 48.22.095, and must
make available, if requested, additional personal injury
protection limits as defined in RCW 48.22.100. Insurers may
also offer other personal injury protection limits, in
addition to these required offerings.
(2) If the named insured rejects personal injury protection coverage, the insurer must promptly delete the coverage after the insurer receives the rejection notice from the named insured. The insurer must retain a copy of the rejection notice or request to delete coverage with the policy record.
(3) Insurers may use electronic forms, electronic signatures and electronic attestations, in accordance with 15 U.S.C. Sec. 7001, to comply with this rule. The insurer must maintain an auditable compliance record and provide this information to the commissioner upon request.
(4) This section does not apply to corporations, partnerships, or any other nonhuman entity named as the insured.
[]