S‑0482.2   _____________________________________________

SENATE BILL 5643

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senator Prentice

Read first time 01/29/2001.  Referred to Committee on Labor, Commerce & Financial Institutions.

_1      AN ACT Relating to the admissibility of insurance applications;

_2  and amending RCW 48.18.080.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 48.18.080 and 1947 c 79 s .18.08 are each amended to

_5  read as follows:

_6      (1) No application for the issuance of any insurance policy or

_7  contract shall be admissible in evidence in any action relative to

_8  such policy or contract, unless a true copy of the application was

_9  attached to or otherwise made a part of the policy when issued and

10  delivered.  This provision shall not apply to policies or contracts

11  of industrial life insurance or property and casualty insurance.

12      (2) If any policy of life or disability insurance delivered in

13  this state is reinstated or renewed, and the insured or the

14  beneficiary or assignee of the policy makes written request to the

15  insurer for a copy of the application, if any, for such

16  reinstatement or renewal, the insurer shall, within fifteen days

17  after receipt of such request at its home office or at any of its

18  branch offices, deliver or mail to the person making such request,

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_1  a copy of such application.  If such copy is not so delivered or

_2  mailed, the insurer shall be precluded from introducing the

_3  application as evidence in any action or proceeding based upon or

_4  involving the policy or its reinstatement or renewal.

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