S-3747.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 6326

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Prentice and Winsley)

READ FIRST TIME 02/04/2002.

Filing reports with the insurance commissioner.

    AN ACT Relating to filing reports with the insurance commissioner; and amending RCW 48.05.380 and 48.05.390.

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

    Sec. 1.  RCW 48.05.380 and 1986 c 148 s 1 are each amended to read as follows:

    The insurance commissioner shall ((promulgate)) adopt rules requiring insurers who are authorized to write property and casualty insurance in the state of Washington to record and report their Washington state loss and expense experiences and other data, as required by RCW 48.05.390.  These rules may not require a report to be submitted by any insurer that has no data or experience to report.

    Sec. 2.  RCW 48.05.390 and 1994 c 131 s 7 are each amended to read as follows:

    (1) The report required by RCW 48.05.380 shall include the types of insurance written by the insurer for policies pertaining to:

    (a) Medical malpractice for physicians and surgeons, hospitals, other health care professions, and other health care facilities individually;

    (b) Products liability.  However, if comparable information is included in the annual statement required by RCW 48.05.250, products liability data must not be reported under RCW 48.05.380;

    (c) Attorneys' malpractice;

    (d) Architects' and engineers' malpractice;

    (e) Municipal liability; and

    (f) Day care center liability.

    (2) The report shall include the following data by the type of insurance for the previous year ending on the thirty-first day of December:

    (a) Direct premiums written;

    (b) Direct premiums earned;

    (c) Net investment income, including net realized capital gain and losses, using appropriate estimates where necessary;

    (d) Incurred claims, development as the sum of the following:

    (i) Dollar amount of claims closed with payments; plus

    (ii) Reserves for reported claims at the end of the current year; minus

    (iii) Reserves for reported claims at the end of the previous year; plus

    (iv) Reserves for incurred but not reported claims at the end of the current year; minus

    (v) Reserves for incurred but not reported claims at the end of the previous year; plus

    (vi) Reserves for loss adjustment expense at the end of the current year; minus

    (vii) Reserves for loss adjustment expense at the end of the previous year.

    (e) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, advertising, general office expenses, taxes, licenses and fees, and all other expenses;

    (f) Net underwriting gain or loss;

    (g) Net operation gain or loss, including net investment income; and

    (h) Other information requested by the insurance commissioner.

    (3) The report shall be filed annually with the commissioner, no later than the first day of May.

(4) An insurer that does not offer, or does not have policies in force under subsection (1) of this section, is not an insurer under RCW 48.05.380 for the purpose of reporting under this section.

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