_______________________________________________
SUBSTITUTE
SENATE BILL 6565
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1998 Regular Session
State of Washington 55th
Legislature 1998 Regular Session
By
Read first time 02/06/98.
Regulating
insurance payments of insureds who are victims of domestic abuse.
AN
ACT Relating to insurance payments for insureds who are victims of domestic
abuse; 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)
No insurer shall deny or refuse to accept an application for insurance, refuse
to insure, refuse to renew, cancel, restrict, or otherwise terminate a policy
of insurance, or charge a different rate for the same coverage, on the basis
that the applicant or insured person is, has been, or may be a victim of
domestic abuse.
(2)
Nothing in this section shall prevent an insurer from taking any of the actions
set forth in subsection (1) of this section on the basis of loss history or
medical condition or for any other reason not otherwise prohibited by this
section, any other law, regulation, or rule.
(3)
Any form filed or filed after the effective date of this section subject to RCW
48.18.120(1) or subject to a rule adopted under RCW 48.18.120(1) may exclude
coverage for losses caused by intentional or fraudulent acts of any insured.
Such an exclusion, however, shall not apply to deny an insured's
otherwise-covered property loss if the property loss is caused by an act of
domestic abuse by another insured under the policy, the insured claiming
property loss files a police report and cooperates with any law enforcement
investigation relating to the act of domestic abuse, and the insured claiming
property loss did not cooperate in or contribute to the creation of the
property loss. Payment by the insurer to an insured may be limited to the
person's insurable interest in the property less payments made to a mortgagee
or other party with a legal secured interest in the property. An insurer
making payment to an insured under this section has all rights of subrogation
to recover against the perpetrator of the act that caused the loss.
(4)
Nothing in this section prohibits an insurer from investigating a claim and
complying with chapter 48.30A RCW.
(5) As used in this section, "domestic abuse" means: (a)
Physical harm, bodily injury, assault, or the infliction of fear of imminent
physical harm, bodily injury, or assault between family or household members;
(b) sexual assault of one family or household member by another; (c) stalking
as defined in RCW 9A.46.110 of one family or household member by another family
or household member; or (d) intentionally, knowingly, or recklessly causing
damage to property so as to intimidate or attempt to control the behavior of
another family or household member.
