BILL REQ. #:  H-3716.2 

Read first time 01/27/2006.   Referred to Committee on Financial Institutions & Insurance.

     AN ACT Relating to arbitration under certain insurance policies; and amending RCW 48.22.030 and 48.22.085.

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

Sec. 1   RCW 48.22.030 and 2004 c 90 s 1 are each amended to read as follows:
     (1) "Underinsured motor vehicle" means a motor vehicle with respect to the ownership, maintenance, or use of which either no bodily injury or property damage liability bond or insurance policy applies at the time of an accident, or with respect to which the sum of the limits of liability under all bodily injury or property damage liability bonds and insurance policies applicable to a covered person after an accident is less than the applicable damages which the covered person is legally entitled to recover.
     (2) No new policy or renewal of an existing policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage, suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle shall be issued with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of underinsured motor vehicles, hit-and-run motor vehicles, and phantom vehicles because of bodily injury, death, or property damage, resulting therefrom, except while operating or occupying a motorcycle or motor-driven cycle, and except while operating or occupying a motor vehicle owned or available for the regular use by the named insured or any family member, and which is not insured under the liability coverage of the policy. The coverage required to be offered under this chapter is not applicable to general liability policies, commonly known as umbrella policies, or other policies which apply only as excess to the insurance directly applicable to the vehicle insured.
     (3) Except as to property damage, coverage required under subsection (2) of this section shall be in the same amount as the insured's third party liability coverage unless the insured rejects all or part of the coverage as provided in subsection (4) of this section. Coverage for property damage need only be issued in conjunction with coverage for bodily injury or death. Property damage coverage required under subsection (2) of this section shall mean physical damage to the insured motor vehicle unless the policy specifically provides coverage for the contents thereof or other forms of property damage.
     (4) A named insured or spouse may reject, in writing, underinsured coverage for bodily injury or death, or property damage, and the requirements of subsections (2) and (3) of this section shall not apply. If a named insured or spouse has rejected underinsured coverage, such coverage shall not be included in any supplemental or renewal policy unless a named insured or spouse subsequently requests such coverage in writing. The requirement of a written rejection under this subsection shall apply only to the original issuance of policies issued after July 24, 1983, and not to any renewal or replacement policy.
     (5) The limit of liability under the policy coverage may be defined as the maximum limits of liability for all damages resulting from any one accident regardless of the number of covered persons, claims made, or vehicles or premiums shown on the policy, or premiums paid, or vehicles involved in an accident.
     (6) The policy may provide that if an injured person has other similar insurance available to him under other policies, the total limits of liability of all coverages shall not exceed the higher of the applicable limits of the respective coverages.
     (7)(a) The policy may provide for a deductible of not more than three hundred dollars for payment for property damage when the damage is caused by a hit-and-run driver or a phantom vehicle.
     (b) In all other cases of underinsured property damage coverage, the policy may provide for a deductible of not more than one hundred dollars.
     (8) For the purposes of this chapter, a "phantom vehicle" shall mean a motor vehicle which causes bodily injury, death, or property damage to an insured and has no physical contact with the insured or the vehicle which the insured is occupying at the time of the accident if:
     (a) The facts of the accident can be corroborated by competent evidence other than the testimony of the insured or any person having an underinsured motorist claim resulting from the accident; and
     (b) The accident has been reported to the appropriate law enforcement agency within seventy-two hours of the accident.
     (9) An insurer who elects to write motorcycle or motor-driven cycle insurance in this state must provide information to prospective insureds about the coverage.
     (10) An insurer that does not include in its policy of underinsured motorist coverage a binding arbitration clause is subject to a civil suit at the option of the insured in superior court when a dispute arises regarding whether the insured is entitled to damages or the amount of those damages.
     If prior to the insured filing a civil suit against the insurer seeking damages under the policy of underinsured motorist coverage, either the insurer or the insured provides written notice to the other that binding arbitration of the dispute is requested, the party receiving such notice shall have twenty days from the receipt of such notice to either accept or refuse such request. If the request for binding arbitration is refused, or if no timely response is made, the insured may then file a civil suit in superior court to recover damages. In the event that a civil suit is so filed, and the request for binding arbitration has not been withdrawn, the prevailing party or parties in such action shall be entitled to recover all litigation costs, including expert witness fees, and reasonable attorneys' fees, provided that, prior to filing suit, the prevailing party had submitted to the other party a written request for binding arbitration of the claim for damages and the other party refused such request or failed to respond in a timely manner, as set forth herein.

Sec. 2   RCW 48.22.085 and 2003 c 115 s 2 are each amended to read as follows:
     (1) No new automobile liability insurance policy or renewal of such an existing policy may be issued unless personal injury protection coverage is offered as an optional coverage.
     (2) A named insured may reject, in writing, personal injury protection coverage and the requirements of subsection (1) of this section shall not apply. If a named insured rejects personal injury protection coverage:
     (a) That rejection is valid and binding as to all levels of coverage and on all persons who might have otherwise been insured under such coverage; and
     (b) The insurer is not required to include personal injury protection coverage in any supplemental, renewal, or replacement policy unless a named insured subsequently requests such coverage in writing.
     (3) All automobile liability insurance policies sold in this state that contain personal injury protection coverage benefits shall contain binding arbitration clauses to resolve disputes between the insured and the insurer regarding the amount of medical and hospital expenses, funeral expenses, income continuation, and loss of services sustained by an insured because of bodily injury caused by an automobile accident.
     When a dispute regarding the amount of personal injury protection coverage benefits arises, arbitration may be requested by either the insurer or insured. In any event, a request for arbitration must be made in writing and the parties shall select an arbitrator to hear the dispute within thirty days of a written request. The failure to agree on an arbitrator within the required time is resolved under RCW 7.04.050. When arbitration results in additional benefits to the insured, the costs of the arbitrator shall be paid by the insurer, along with the reasonable costs and attorneys' fees incurred in establishing the insured's claim to additional benefits.