(1) Under RCW 48.92.050
(3) and (4), in some situations there is no coverage by the Washington Insurance Guaranty Association for some insurance obtained by a purchasing group. Under RCW 48.92.090
(2), the purchasing group must inform its members of the lack of that protection and that the insurer or risk retention group may not be subject to all insurance laws and regulations of this state. In any such situation, the disclosure must be in writing. It must be given when the application is taken. The disclosure must be reasonably calculated to make the individual aware of the lack of guaranty coverage and the inapplicability of some laws and regulations. The lack of coverage and that inapplicability may not be presented as an advantage or as a technical oddity, nor may it be downplayed by references to the solvency of the insurer or otherwise.
(2) If the insurance is to be issued by a risk retention group, compliance with WAC 284-92-700
and RCW 48.92.040
(7) is sufficient compliance with this rule and with RCW 48.92.090
(3) The insurer, for a domestic purchasing group on risks located in Washington, must be an insurer holding a Washington certificate of authority for that type of insurance, or a registered risk retention group.
[Statutory Authority: RCW 48.02.060
. WSR 93-19-006 (Order R 93-10), § 284-92-270, filed 9/1/93, effective 10/2/93.]