(1) The insurer must provide a clear and conspicuous notice to the named insured participating in either a risk reduction program, pilot risk reduction program, or both, that accurately describes the right to opt out. The notice must:
(a) Identify and describe all risk reduction programs being offered to the insured;
(b) State the goods provided in a program are owned by the named insured, even if the insurance is subsequently canceled or nonrenewed;
(c) Inform the named insured they may opt out of a program at any time;
(d) State that if an insured opts out of a program the premium cost of the policy may change; and
(e) Include a reply form that contains the opt out notice information.
(2) If an insurer communicates with the insured electronically, the insurer may deliver the reply form and opt out notice information electronically, as an electronic form, and the insured may reply to the opt out option via electronic signatures and electronic attestation, in accordance with 15 U.S.C. Sec. 7001 and chapter 48.185
RCW. Electronic communication shall have the same force and effect as paper communications.
(3) The notice to opt out must be included at policy inception or, if the policy is already in effect, at the beginning of a risk reduction program or pilot risk reduction program.
(4) If a named insured elects to opt out of a risk reduction program and later requests to rejoin, an insurer must allow the named insured to rejoin at the earliest reasonable time available in the program.
(5) If a named insured elects to opt out of a pilot risk reduction program, an insurer may allow the insured to rejoin if the opportunity is available.
[Statutory Authority: RCW 48.02.60 [48.02.060] and 48.18.559
. WSR 18-24-084 (R 2018-11), § 284-33-020, filed 12/3/18, effective 1/3/19.]