BP BHEAD INT H [atlas:bill]

AN ACT Relating to exempting certain insurance documents from the filing requirements; and amending RCW 48.18.100.

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

Sec. 1. RCW 48.18.100 and 1997 c 428 s 3 are each amended to read as follows:

(1) No insurance policy form other than surety bond forms, forms exempt under RCW 48.18.103, or application form where written application is required and is to be attached to the policy, or printed life or disability rider or endorsement form shall be issued, delivered, or used unless it has been filed with and approved by the commissioner. This section shall not apply to policies, riders or endorsements of unique character designed for and used with relation to insurance upon a particular subject, or for a commercial property casualty policyholder as defined in this section.

(2) Every such filing containing a certification, in a form approved by the commissioner, by either the chief executive officer of the insurer or by an actuary who is a member of the American academy of actuaries, attesting that the filing complies with Title 48 RCW and Title 284 of the Washington Administrative Code, may be used by such insurer immediately after filing with the commissioner. The commissioner may order an insurer to cease using a certified form upon the grounds set forth in RCW 48.18.110. This subsection shall not apply to certain types of policy forms designated by the commissioner by rule.

(3) Except as provided in RCW 48.18.103, every filing that does not contain a certification pursuant to subsection (2) of this section shall be made not less than thirty days in advance of any such issuance, delivery, or use. At the expiration of such thirty days the form so filed shall be deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner. The commissioner may extend by not more than an additional fifteen days the period within which he or she may so affirmatively approve or disapprove any such form, by giving notice of such extension before expiration of the initial thirty-day period. At the expiration of any such period as so extended, and in the absence of such prior affirmative approval or disapproval, any such form shall be deemed approved. The commissioner may withdraw any such approval at any time for cause. By approval of any such form for immediate use, the commissioner may waive any unexpired portion of such initial thirty-day waiting period.

(4) The commissioner's order disapproving any such form or withdrawing a previous approval shall state the grounds therefor.

(5) No such form shall knowingly be so issued or delivered as to which the commissioner's approval does not then exist.

(6) The commissioner may, by order or rule, exempt the form of any policy sold to a commercial property casualty policyholder from the filing requirements of this section ((for so long as he or she deems proper, any insurance document or form or type thereof as specified in such order, to which in his or her opinion this section may not practicably be applied, or the filing and approval of which are, in his or her opinion, not desirable or necessary for the protection of the public)).

(7) Every member or subscriber to a rating organization shall adhere to the form filings made on its behalf by the organization. Deviations from such organization are permitted only when filed with the commissioner in accordance with this chapter.

(8) For the purposes of this section, a "commercial property casualty policyholder" is defined as an insured who uses the services of an insurance agent or broker to purchase insurance, has a risk manager, and certifies that it meets any two of the following four criteria:

(a) Pays an annual aggregate insurance premium of one hundred fifty thousand dollars;

(b) Generates annual net revenues or sales in excess of one hundred million dollars;

(d) Possesses a net worth in excess of fifty million dollars.

(9) For the purposes of this section, a "risk manager" is an employed, retained, or contracted person who is a licensed insurance agent or broker in Washington state or has a professional insurance designation allowing the person to serve in this capacity.

(10) Policies issued to a commercial property casualty policyholder shall contain a disclaimer in language similar to the following: "This policy is exempt from the form filing and approval requirements of the Washington state insurance code (specifically RCW 48.18.100)."