WSR 13-17-049 PERMANENT RULES OFFICE OF INSURANCE COMMISSIONER [Insurance Commissioner Matter No. R 2012-27—Filed August 14, 2013, 8:07 a.m., effective July 1, 2014] Effective Date of Rule: July 1, 2014.
Purpose: RCW 48.15.040 requires that any unauthorized (surplus line) insurance for an insured whose home state is Washington must be procured through a licensed surplus line broker. This rule makes clear that this requirement must be followed and the practice of "courtesy" filing is not permitted.
Statutory Authority for Adoption: RCW 48.02.060 and 48.15.015.
Adopted under notice filed as WSR 13-13-074 on June 19, 2013.
Changes Other than Editing from Proposed to Adopted Version: The title of the new rule section was changed from "courtesy filing prohibited" to "procurement of insurance from an unauthorized insurer by an unlicensed person prohibited."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.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: August 14, 2013.
Mike Kreidler
Insurance Commissioner
NEW SECTION
WAC 284-15-015 Procurement of insurance from an unauthorized insurer by an unlicensed person prohibited.
(1) "Procured" as used in chapter 48.15 RCW and chapter 284-15 WAC means the act or acts necessary to obtain insurance coverage. (2) A surplus line broker licensed under chapter 48.15 RCW must not assist a person in complying with the requirements of RCW 48.15.040 if the person: (a) Is not licensed under chapter 48.15 RCW; (b) Obtains insurance coverage from an unauthorized insurer; and (c) Fails to procure the insurance coverage through a surplus line broker licensed under chapter 48.15 RCW. This subsection applies without limitation to the services of a courtesy filer.
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