H-4092.1  _______________________________________________

                          HOUSE BILL 2824

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives L. Thomas, Wolfe, Grant, Smith, Benson, DeBolt and Thompson

Read first time 01/21/98.  Referred to Committee on Financial Institutions & Insurance.

Refunding the unearned portion of an insurance contract.

    AN ACT Relating to refunds when an insured cancels a policy; and amending RCW 48.18.300.

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

    Sec. 1.  RCW 48.18.300 and 1980 c 102 s 8 are each amended to read as follows:

    (1) Cancellation by the insured of any policy which by its terms is cancellable at the insured's option or of any binder based on such policy may be effected by written notice thereof to the insurer or surrender of the policy or binder for cancellation prior to or on the effective date of such cancellation.  In (([the])) the event the policy or binder has been lost or destroyed and cannot be so surrendered, the insurer may in lieu of such surrender accept and in good faith rely upon the insured's written statement setting forth the fact of such loss or destruction.

    (2) As soon as possible, and no later than thirty days after the receipt of the notice of cancellation from the policyholder for homeowners', dwelling fire, and private passenger auto insurance, the insurer shall pay to the insured or to the person entitled thereto as shown by the insurer's records, any unearned portion of any premium paid on the policy as computed on the customary short rate or as otherwise specified in the policy:  PROVIDED, That the refund of any unearned portion of any premium paid on a contract of dwelling fire insurance, homeowners' insurance, or insurance predicated upon the use of a private passenger automobile (as defined in RCW 48.18.297 and excluding contracts of insurance and policies enumerated in RCW 48.18.296) shall be computed on a pro rata basis and the insurer shall refund not less than ninety percent of any unearned portion not exceeding one hundred dollars, plus ninety-five percent of any unearned portion over one hundred dollars but not exceeding five hundred dollars, and not less than ninety-seven percent of the amount of any unearned portion in excess of five hundred dollars.  If the amount of any refund is less than ((two)) ten dollars, no refund need be made.  If no premium has been paid on the policy, the insured shall be liable to the insurer for premium for the period during which the policy was in force.

    (3) The surrender of a policy to the insurer for any cause by any person named therein as having an interest insured thereunder shall create a presumption that such surrender is concurred in by all persons so named.

    (4) This section shall not apply to life insurance policies or to annuity contracts.

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