BILL REQ. #:  H-1010.1 

Read first time 01/27/09.   Referred to Committee on Judiciary.

     AN ACT Relating to actions by insurance companies against violators; and amending RCW 48.135.070.

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

Sec. 1   RCW 48.135.070 and 2006 c 284 s 8 are each amended to read as follows:
     (1) In a criminal prosecution for any crime under Washington law in which the insurance company is a victim, the insurance company is entitled to be considered as a victim in any restitution ordered by the court under RCW 9.94A.753, as part of the criminal penalty imposed against the defendant convicted for such a violation.
     (2) Any insurance company damaged as the result of a violation by the defendant may sue therefore in any court of competent jurisdiction to recover compensatory damages, which shall include reasonable investigation expenses, costs of suit, and attorneys' fees.
     (3) A successful claimant under subsection (2) of this section shall recover treble damages if the court determines that the defendant has engaged in a pattern of violations.
     (4) A claimant under this section shall mail a copy of the initial claim, amended claim, counterclaims, briefs, and legal memoranda to the commissioner at the time of filing of such documents with the court wherein the matter is pending. A successful claimant shall report to the commissioner, on a form prescribed by the commissioner, the amount recovered and other information as required by the commissioner.
     (5) Upon receipt of notification of the filing of a claim by an insurer, the commissioner may join in the action for the purpose of seeking judgment for the payment of a civil penalty. If the commissioner prevails, the court may also award court costs and reasonable attorney fees actually incurred by the commissioner.
     (6) No action shall be brought by an insurance company under this section more than six years after the cause of action has accrued.