H-1279.1  _______________________________________________

                          HOUSE BILL 2117

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Bush, Benson, Reardon and Roach

Read first time 02/15/2001.  Referred to Committee on Judiciary.

Admitting certain insurance applications into evidence.

    AN ACT Relating to the admissibility of insurance applications; and amending RCW 48.18.080.

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

    Sec. 1.  RCW 48.18.080 and 1947 c 79 s .18.08 are each amended to read as follows:

    (1) No application for the issuance of any insurance policy or contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy when issued and delivered.  This ((provision shall)) subsection does not apply to policies or contracts of industrial life insurance, property insurance, or casualty insurance.

    (2) If any policy of life or disability insurance delivered in this state is reinstated or renewed, and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within fifteen days after receipt of such request at its home office or at any of its branch offices, deliver or mail to the person making such request, a copy of such application.  If such copy is not so delivered or mailed, the insurer shall be precluded from introducing the application as evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal.

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