S-0284.2                   _______________________________________________

                                                     SENATE BILL 5192

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State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Moore and Prentice

Read first time 01/15/93.  Referred to Committee on Labor & Commerce.

Clarifying liability of overlapping homeowners' policies.

          AN ACT Relating to primary and secondary coverage under homeowners' policies; and adding a new section to chapter 48.18 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 48.18 RCW to read as follows:

          (1) As used in this section, "homeowner's policy" means a policy of general casualty or property insurance that includes coverage of loss or damage to the personal property of the insured homeowner.

          (2) If the insured has more than one residence each separately insured, a homeowner's policy shall provide that if a loss occurs to property while in transit between residences the policy covering the residence from which the property is being moved is primary, irrespective of bailment.  If the primary policy coverage does not make the insured whole, the secondary policy shall provide excess coverage.

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