BILL REQ. #:  S-3823.1 

Read first time 01/11/2006.   Referred to Committee on Financial Institutions, Housing & Consumer Protection.

     AN ACT Relating to false or fraudulent refusal of an insurance claim; amending RCW 48.30.230; and prescribing penalties.

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

Sec. 1   RCW 48.30.230 and 2003 c 53 s 270 are each amended to read as follows:
     (1) It is unlawful for any person, knowing it to be such, to:
     (a) Present, or cause to be presented, a false or fraudulent claim, or any proof in support of such a claim, for the payment of a loss under a contract of insurance; or
     (b) Prepare, make, or subscribe any false or fraudulent account, certificate, affidavit, or proof of loss, or other document or writing, with intent that it be presented or used in support of such a claim.
     (2) It is unlawful for any person engaged in the business of insurance, knowing it to be such, to:
     (a) Present, or cause to be presented, a false or fraudulent refusal of a claim, or any proof in support of such a refused claim, for the payment of a loss under a contract of insurance; or
     (b) Prepare, make, or subscribe any false or fraudulent account, certificate, affidavit, or proof of loss, or other document or writing, with intent that it be presented or used in support of such a refusal to pay a claim.
     (3)(a) Except as provided in (b) of this subsection, a violation of this section is a gross misdemeanor.
     (b) If the claim is in excess of one thousand five hundred dollars, the violation is a class C felony punishable according to chapter 9A.20 RCW.