H-3961.1          _______________________________________________

                                  HOUSE BILL 2773

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives R. Johnson, May and Paris

Read first time 01/27/92.  Referred to Committee on Financial Institutions & Insurance.Providing immunity from civil liability for insurance loss control activities.

     AN ACT Relating to immunity from civil liability for insurance loss control activities; and amending RCW 48.01.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 48.01.190 and 1987 c 51 s 1 are each amended to read as follows:

     (1) Any person who files reports, or furnishes other information, required under Title 48 RCW, required by the commissioner under authority granted by Title 48 RCW, useful to the commissioner in the administration of Title 48 RCW, or furnished to the National Association of Insurance Commissioners at the request of the commissioner or pursuant to Title 48 RCW, shall be immune from liability in any civil action or suit arising from the filing of any such report or furnishing such information to the commissioner or the National Association of Insurance Commissioners, unless actual malice, fraud, or bad faith is shown.

     (2) The commissioner and the National Association of Insurance Commissioners, and the agents and employees of each, are immune from liability in any civil action or suit arising from the publication of any report or bulletin or dissemination of information related to the official activities of the commissioner or the National Association of Insurance Commissioners, unless actual malice, fraud, or bad faith is shown.

     (3) Any insurer, agent, broker, or person acting on behalf of an insurer, agent, or broker shall be immune from liability in any civil action or suit arising from the provision of loss control advice or related services if such advice or services are:  (a) Not provided for compensation; (b) not represented or relied upon as complying with standards required by law or regulation; and (c) not provided so as to constitute gross negligence or malice as a matter of law.

(4) The immunity granted by this section is in addition to any common law or statutory privilege or immunity enjoyed by such person, and nothing in this section is intended to abrogate or modify in any way such common law or statutory privilege or immunity.