CERTIFICATION OF ENROLLMENT
HOUSE BILL 1285
Chapter
10, Laws of 1995
54th
Legislature
1995
Regular Session
Surplus line
insurance‑-Immunity for those supplying
information about
unauthorized sales or sellers
EFFECTIVE
DATE: 7/23/95
|
Passed by
the House February 17, 1995
Yeas 94 Nays 0
CLYDE BALLARD
Speaker
of the
House
of Representatives
Passed by
the Senate April 4, 1995
Yeas 46 Nays 0
|
CERTIFICATE
I, Timothy
A. Martin, Chief Clerk of the House of Representatives of the State of
Washington, do hereby certify that the attached is HOUSE BILL 1285 as
passed by the House of Representatives and the Senate on the dates hereon set
forth.
|
|
JOEL PRITCHARD
President
of the Senate
|
TIMOTHY A. MARTIN
Chief
Clerk
|
|
Approved
April 12, 1995 Place Style On Codes above, and
Style Off Codes below.
|
FILED
April
12, 1995 - 11:09 a.m.
|
|
|
|
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MIKE LOWRY
Governor
of the State of Washington
|
Secretary
of State
State
of Washington
|
_______________________________________________
HOUSE BILL 1285
_______________________________________________
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/19/95.
Referred to Committee on Financial Institutions & Insurance.
Allowing
persons that provide the insurance commissioner with surplus line insurance
information to gain immunity from civil liability.
AN ACT Relating to
immunity for providing surplus line insurance information to the insurance
commissioner; 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 licensee
under chapter 48.17 RCW and any trade association of the licensees under
chapter 48.15 RCW, and any officer, director, employee, agent, or committee of
the licensee or association who furnishes information to or for the
commissioner or to or for the association regarding unauthorized insurers or
regarding attempts by any person to place or actual placement by any person of
business with the insurers, whether in compliance with chapter 48.15 RCW or
not, shall be immune from each and every kind of liability in any civil action
or suit arising in whole or in part from the information or from the furnishing
of the information.
(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.
Passed
the House February 17, 1995.
Passed
the Senate April 4, 1995.
Approved by the Governor April 12, 1995.
Filed in Office of Secretary of State April 12, 1995.