_______________________________________________
SENATE
BILL 5732
_______________________________________________
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 02/10/97. Referred to Committee on Financial Institutions,
Insurance & Housing.
Delivering the cancellation notice for an insurance
policy.
AN
ACT Relating to delivery of the cancellation notice for an insurance policy;
and amending RCW 48.18.290.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
48.18.290 and 1988 c 249 s 2 are each amended to read as follows:
(1)
Cancellation by the insurer of any policy which by its terms is cancellable at
the option of the insurer, or of any binder based on such policy which does not
contain a clearly stated expiration date, may be effected as to any interest
only upon compliance with the following:
(a)
Written notice of such cancellation, accompanied by the actual reason therefor,
must be actually delivered or mailed to the named insured not less than
forty-five days prior to the effective date of the cancellation except for
cancellation of insurance policies for nonpayment of premiums, which notice
shall be not less than ten days prior to such date and except for cancellation
of fire insurance policies under chapter 48.53 RCW, which notice shall not be
less than five days prior to such date;
(b)
Like notice must also be so delivered or mailed to each mortgagee, pledgee, or
other person shown by the policy to have an interest in any loss which may
occur thereunder. For purposes of this subsection (1)(b),
"delivered" includes electronic transmittal, facsimile, or personal
delivery.
(2)
The mailing of any such notice shall be effected by depositing it in a sealed
envelope, directed to the addressee at his or her last address as known to the
insurer or as shown by the insurer's records, with proper prepaid postage
affixed, in a letter depository of the United States post office. The insurer
shall retain in its records any such item so mailed, together with its
envelope, which was returned by the post office upon failure to find, or
deliver the mailing to, the addressee.
(3)
The affidavit of the individual making or supervising such a mailing, shall
constitute prima facie evidence of such facts of the mailing as are therein
affirmed.
(4)
The portion of any premium paid to the insurer on account of the policy,
unearned because of the cancellation and in amount as computed on the pro rata
basis, must be actually paid to the insured or other person entitled thereto as
shown by the policy or by any endorsement thereon, or be mailed to the insured
or such person as soon as possible, and no later than forty-five days after the
date of notice of cancellation to the insured for homeowners', dwelling fire,
and private passenger auto. Any such payment may be made by cash, or by check,
bank draft, or money order.
(5)
This section shall not apply to contracts of life or disability insurance
without provision for cancellation prior to the date to which premiums have
been paid, or to contracts of insurance procured under the provisions of
chapter 48.15 RCW.
Passed the Senate March 11, 1997.
Passed the House April 8, 1997.
Approved by the Governor
April 19, 1997.
Filed
in Office of Secretary of State April 19, 1997.
