CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 6451

                   Chapter 115, Laws of 1992

                        52nd Legislature

                      1992 Regular Session

         SURETY BONDS‑-RESTRICTIONS ON USE AS INSURANCE

                    EFFECTIVE DATE:  6/11/92

Passed by the Senate February 12, 1992   Yeas 44   Nays 0                JOEL PRITCHARD President of the Senate Passed by the House March 6, 1992   Yeas 96   Nays 0

CERTIFICATE I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6451 as passed by the Senate and the House of Representatives on the dates hereon set forth.

JOE KING Speaker of the        House of Representatives

GORDON A. GOLOB                                  Secretary

Approved March 31, 1992 Place Style On Codes above, and Style Off Codes below.

FILED                          March 31, 1992 - 12:08 p.m.

BOOTH GARDNER Governor of the State of Washington

Secretary of State                        State of Washington

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                            SUBSTITUTE SENATE BILL 6451

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                     Passed Legislature - 1992 Regular Session

State of Washington              52nd Legislature             1992 Regular Session

By Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators von Reichbauer, Vognild and Rasmussen)

Read first time 02/07/92.Limiting surety liability.

     AN ACT Relating to insurance coverage; and adding new sections to chapter 19.72 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 19.72 RCW to read as follows:

     (1) Except under RCW 19.72.109, surety bond means any form of surety insurance as defined in RCW 48.11.080.  A surety bond may not provide any other type of insurance coverage defined in chapter 48.11 RCW.  Language in any statute, ordinance, contract, or surety bond to the contrary is void.

     (2) A surety bond shall not be liable for damages based upon or arising out of any:

     (a) Tortious injury, including death, to:

     (i) Any person; or

     (ii) Any real or personal property; or

     (b) Failure to have any or adequate insurance coverage, even if liability under (a) or (b) of this subsection is imposed on the surety's principal or the surety by contract, surety bond, strict liability, ordinance, statute, or common law.

NEW SECTION. Sec. 2.  A new section is added to chapter 19.72 RCW to read as follows:

     This chapter applies to all sureties, regardless of whether the sureties are compensated or uncompensated.

     Passed the Senate February 12, 1992.

     Passed the House March 6, 1992.

Approved by the Governor March 31, 1992.

     Filed in Office of Secretary of State March 31, 1992.