BILL REQ. #: S-1319.1

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SENATE BILL 5893
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State of Washington

61st Legislature

2009 Regular Session

By Senators Berkey, Benton, Hobbs, Schoesler, and Shin

Read first time 02/05/09. Referred to Committee on Financial Institutions, Housing & Insurance.

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 insurer damaged as a result of a violation of this section when there has been a criminal adjudication of guilt, shall have a cause of action to recover compensatory damages, plus all reasonable investigation and litigation expenses, including attorneys' fees, at the trial and appellate courts.

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