H-531                _______________________________________________

                                                   HOUSE BILL NO. 2240

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Moyer and May

Read first time 4/26/89 and referred to Committee on Judiciary.

AN ACT Relating to the recovery of damages; and adding a new chapter to Title 5 RCW.

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

NEW SECTION. Sec. 1.     This act may be known and cited as the elimination of double recoveries act.

NEW SECTION. Sec. 2.     For purposes of section 3 of this act, "payments" mean any benefit paid or payable to the claimant or on the claimant's behalf, under, from, or pursuant to:

          (1) The federal social security act;

          (2) Any state or federal income replacement, disability, workers' compensation, or other act designed to provide partial or full wage or income replacement;

          (3) Any accident, health or sickness, income or wage replacement insurance, income disability insurance, casualty or property insurance (including automobile accident and homeowners' insurance benefits), or other insurance benefits, except life insurance benefits;

          (4) Any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services or provide similar benefits; and

          (5) Any contractual or voluntary wage continuation plan, or payments made pursuant to such a plan, provided by an employer or otherwise, or any other system intended to provide wages during a period of disability.

NEW SECTION. Sec. 3.     (1) In any action to recover damages for personal injuries or wrongful death, before entering judgment the court shall reduce the verdict or award by the amount of any payments which have been made or which are substantially certain to be made to the claimant as compensation for the same damages awarded in the action.

          (2) The trier of fact shall be informed of the tax consequences of all damage awards.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act shall constitute a new chapter in Title 5 RCW.