Read first time 02/09/11.   Referred to Committee on Financial Institutions, Housing & Insurance.

     AN ACT Relating to usage-based automobile insurance and exempting certain usage-based insurance information from public inspection; amending RCW 48.19.040; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that among the choices of automobile insurance policies that are available to drivers in this state should be policies whose premiums are priced based upon the demonstration of safe driving behavior. Having such usage-based policies available will provide people an opportunity to save money in the costs of insuring their vehicles, and would provide an incentive for reduced and safer driving that will reduce costs for fuel and vehicle maintenance, reduce accidents, and decrease driving-related pollution and congestion. Therefore, it is the purpose of this legislation to encourage the offering of these policies in Washington by eliminating existing regulatory barriers to offering usage-based automobile insurance policies, expressly authorizing the insurance commissioner to approve the offering of such policies, ensuring the privacy of drivers is protected, and allowing trade secret protection for proprietary usage-based insurance models.

Sec. 2   RCW 48.19.040 and 1994 c 131 s 8 are each amended to read as follows:
     (1) Every insurer or rating organization shall, before using, file with the commissioner every classifications manual, manual of rules and rates, rating plan, rating schedule, minimum rate, class rate, and rating rule, and every modification of any of the foregoing which it proposes. The insurer need not so file any rate on individually rated risks as described in subdivision (1) of RCW 48.19.030; except that any such specific rate made by a rating organization shall be filed.
     (2) Every such filing shall indicate the type and extent of the coverage contemplated and must be accompanied by sufficient information to permit the commissioner to determine whether it meets the requirements of this chapter. An insurer or rating organization shall offer in support of any filing:
     (a) The experience or judgment of the insurer or rating organization making the filing;
     (b) An exhibit detailing the major elements of operating expense for the types of insurance affected by the filing;
     (c) An explanation of how investment income has been taken into account in the proposed rates; and
     (d) Any other information which the insurer or rating organization deems relevant.
     (3) If an insurer has insufficient loss experience to support its proposed rates, it may submit loss experience for similar exposures of other insurers or of a rating organization.
     (4) Every such filing shall state its proposed effective date.
     (5)(a) A filing made pursuant to this chapter shall be exempt from the provisions of RCW 48.02.120(3). However, the filing and all supporting information accompanying it shall be open to public inspection only after the filing becomes effective unless such information is specifically exempt from public inspection.
     (b) Information associated with an auto insurance filing for a usage or mileage-based insurance product that constitutes a trade secret as defined in RCW 19.108.010 is exempt from public inspection.
     (6) Where a filing is required no insurer shall make or issue an insurance contract or policy except in accordance with its filing then in effect, except as is provided by RCW 48.19.090.