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                              REENGROSSED SUBSTITUTE SENATE BILL NO. 4541

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                                                                            C 287 L 86

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Financial Institutions (originally sponsored by Senators Granlund, Deccio, Moore, von Reichbauer, Zimmerman, Johnson, Hansen, Vognild, Bauer, Fleming, Williams, Newhouse, McManus and Conner; by request of Joint Study Committee on Insurance Availability and Affordability)

Read first time 1/21/86.

AN ACT Relating to insurance; and amending RCW 48.18.290, 48.18.296, and 48.18.2901.

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

        Sec. 1.  Section .18.29, chapter 79, Laws of 1947 as last amended by section 17, chapter 264, Laws of 1985 and RCW 48.18.290 are each amended to read as follows:

          (1) Cancellation by the insurer of any policy which by its terms is cancellable at the option of the insurer, or of any binder based on such policy, may be effected as to any interest only upon compliance with either or both of the following:

          (a) Written notice of such cancellation, accompanied by the actual reason therefor, must be actually delivered or mailed to the insured ((or)) and to his or her representative in charge of the subject of the insurance not less than forty-five days prior to the effective date of the cancellation except for cancellation of insurance policies for nonpayment of premiums, which notice shall be not less than ten days prior to such date and except for cancellation of fire insurance policies under chapter 48.53 RCW, which notice shall not be less than five days prior to such date;

          (b) Like notice of not less than forty-five days must also be so delivered or mailed to each mortgagee, pledgee, or other person shown by the policy to have an interest in any loss which may occur thereunder.

          (2) The mailing of any such notice shall be effected by depositing it in a sealed envelope, directed to the addressee at his or her last address as known to the insurer or as shown by the insurer's records, with proper prepaid postage affixed, in a letter depository of the United States post office.  The insurer shall retain in its records any such item so mailed, together with its envelope, which was returned by the post office upon failure to find, or deliver the mailing to, the addressee.

          (3) The affidavit of the individual making or supervising such a mailing, shall constitute prima facie evidence of such facts of the mailing as are therein affirmed.

          (4) The portion of any premium paid to the insurer on account of the policy, unearned because of the cancellation and in amount as computed on the pro rata basis, must be actually paid to the insured or other person entitled thereto as shown by the policy or by any endorsement thereon, or be mailed to the insured or such person as soon as possible, and no later than forty-five days after the date of notice of cancellation to the insured for homeowners', dwelling fire, and private passenger auto.  Any such payment may be made by cash, or by check, bank draft, or money order.

          (5) This section shall not apply to contracts of life or disability insurance without provision for cancellation prior to the date to which premiums have been paid, or to contracts of insurance procured under the provisions of chapter 48.15 RCW.

        Sec. 2.  Section 20, chapter 264, Laws of 1985 and RCW 48.18.2901 are each amended to read as follows:

          (1) Each insurer shall be required to renew any contract of insurance subject to RCW 48.18.290 unless one of the following situations  exists:

          (a) The insurer gives the named insured at least forty-five days' notice in writing as provided for in RCW 48.18.290, that it proposes to refuse to renew the insurance contract upon its expiration date; and sets forth therein the actual reason for refusing to renew; or

          (b) At least twenty days prior to its expiration date, the insurer has communicated its willingness to renew in writing to the named insured, or to his or her representative, and has included therein a statement of the amount of the premium or portion thereof required to be paid by the insured to renew the policy, ((including the amount by which the premium or deductibles have changed from the previous policy period, and the date by which such payment must be made,)) and the insured fails to discharge when due his obligation in connection with the payment of such premium or portion thereof; or

          (c) The insured's agent or broker has procured  other coverage acceptable to the insured prior to the expiration of the policy period.

          (2) A renewal shall be based on rates and forms applicable to the expiring policy and its term, except to the extent the insurer gives at least twenty days' advance notice of changes in rates or contract provisions.

(3) Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal, or with respect to cancellation of fire policies under chapter 48.53 RCW.

          (((3))) (4) "Renewal" or "to renew" means the issuance and delivery by an insurer of a contract of insurance replacing at the end of the contract period a contract of insurance previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a contract beyond its policy period or term:  PROVIDED, HOWEVER, That any contract of insurance with a policy period or term of six months or less whether or not made continuous for successive terms upon the payment of additional premiums shall for the purpose of RCW 48.18.290 and 48.18.293 through 48.18.295 be considered as if written for a policy period or term of six months:  PROVIDED, FURTHER, That any policy written for a term longer than one year or any policy with no fixed expiration date, shall, for the purpose of RCW 48.18.290 and 48.18.293 through 48.18.295, be considered as if written for successive policy periods or terms of one year.

        Sec. 3.  Section 23, chapter 241, Laws of 1969 ex. sess. as last amended by section 22, chapter 264, Laws of 1985 and RCW 48.18.296 are each amended to read as follows:

          The provisions of RCW 48.18.291 through 48.18.297 shall not apply to:

          (1) Contracts of insurance issued under the assigned risk plan; ((and))

          (2) Any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards; and

(3) Contracts of insurance procured under the provisions of chapter 48.15 RCW.

                                                                                                                          Passed the Senate March 11, 1986.

                                                                                                                                       President of the Senate.

                                                                                                                          Passed the House March 11, 1986.

                                                                                                                                         Speaker of the House.