S-4145               _______________________________________________

                                                   SENATE BILL NO. 6564

                        _______________________________________________

                                                                            C 130 L 90

State of Washington                               51st Legislature                              1990 Regular Session

By Senators von Reichbauer, McMullen and Johnson

Read first time 1/17/90 and referred to Committee on  Financial Institutions & Insurance.

AN ACT Relating to the application of the insurance code to the pooling of funds to pay claims of commercial fishers; and amending RCW 48.01.050.

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

        Sec. 1.  Section .01.05, chapter 79, Laws of 1947 as last amended by section 9, chapter 277, Laws of 1985 and RCW 48.01.050 are each amended to read as follows:

          "Insurer" as used in this code includes every person engaged in the business of making contracts of insurance, other than a fraternal benefit society.  A reciprocal or interinsurance exchange is an "insurer" as used in this code.  Two or more hospitals, as defined in RCW 70.39.020(3), which join and organize as a mutual corporation pursuant to chapter 24.06 RCW for the purpose of insuring or self-insuring against liability claims, including medical liability, through a contributing trust fund shall not be deemed an "insurer" under this code.  Two or more local governmental entities, as defined in RCW 48.62.020, which pursuant to RCW 48.62.040, 48.62.035, or any other provision of law join together and organize to form an organization for the purpose of jointly self-insuring or self-funding shall not be deemed an "insurer" under this code.  Two or more persons engaged in the business of commercial fishing who enter into an arrangement with other such persons for the pooling of funds to pay claims or losses arising out of loss or damage to a vessel or machinery used in the business of commercial fishing and owned by a member of the pool shall not be deemed an "insurer" under this code.