WSR 11-19-040

PERMANENT RULES

OFFICE OF

INSURANCE COMMISSIONER

[ Insurance Commissioner Matter No. R 2011-12 -- Filed September 13, 2011, 8:08 a.m. , effective October 14, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule making makes technical corrections to chapter 284-17 WAC to ensure that these sections are correct for ease in use for consumers, individuals and entities regulated by the insurance commissioner.

Citation of Existing Rules Affected by this Order: Repealing WAC 284-17-258 and 284-17-260; and amending WAC 284-17-001, 284-17-009, and 284-17-011.

Statutory Authority for Adoption: RCW 48.02.060 (3)(a) and 48.17.005.

Adopted under notice filed as WSR 11-14-114 on July 6, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 2.

Date Adopted: September 13, 2011.

Mike Kreidler

Insurance Commissioner

OTS-4125.1


AMENDATORY SECTION(Amending Matter No. R 2010-07, filed 1/28/11, effective 2/28/11)

WAC 284-17-001   Definitions.   For purposes of this chapter, unless the context requires otherwise:

(1) "Affiliation" is a type of appointment whereby a business entity authorizes an individual insurance producer or surplus line broker to represent it when conducting insurance business.

(2) "Business entity" has the meaning set forth in RCW 48.17.010(2) and includes a sole proprietorship having associated licensees authorized to act on its behalf in the business or trade name of the sole proprietorship.

(3) "Days" means calendar days including Saturday and Sunday and holidays, unless otherwise specified.

(4) "Electronic submission" or "submitted electronically" means submission of a licensing process by an applicant, licensee, insurer, or education provider by means of the commissioner's web site or a third-party licensing provider.

(5) "File" means a record in any retrievable format, and unless otherwise specified, includes paper and electronic formats.

(6) "Home state" has the meaning set forth in RCW 48.17.010(((3))) (4).

(7) "Insurer" has the meaning set forth in RCW 48.17.010(((6))) (7).

(8) "Licensee" means a person licensed by the commissioner under Title 48 RCW to sell, solicit or negotiate insurance and includes adjusters and surplus line brokers.

(9) "Line of authority" means a license issued in one or more lines of insurance listed in RCW 48.17.170.

(10) "NAIC" means the National Association of Insurance Commissioners.

(11) "Third-party licensing provider" is designated on the commissioner's web site at: www.insurance.wa.gov.

(12) "Reinstatement" means the reissuance by the commissioner of a license that was not renewed more than sixty days but fewer than twelve months after its expiration date.

(13) "Resident" means a person who has elected to make Washington his or her home state, or, in the case of a business entity, has a place of business in this state.

(14) "Sending written notice" or "sending a copy of the written notice" means transmitting the required information in writing and, where required, on forms designated by the commissioner for that purpose, via first class mail, commercial parcel delivery company, telefacsimile, or electronic transmission, unless a specific method of transmission is specified.

(15) "Surety" means that limited line of authority of insurance or bond that covers obligations to pay the debts of, or answer for the default of another, including faithlessness in a position of public or private trust.

(16) "Travel insurance" means that limited line of authority of insurance coverage for trip cancellation, trip interruption, baggage, life, sickness and accident, disability, and personal effects when limited to a specific trip and sold in connection with transportation provided by a common carrier.

(17) "Written" or "in writing" means any retrievable method of recording an agreement or document, and, unless otherwise specified, includes paper and electronic formats.

[Statutory Authority: RCW 48.15.015 and 48.17.005. 11-04-067 (Matter No. R 2010-07), 284-17-001, filed 1/28/11, effective 2/28/11. Statutory Authority: RCW 48.02.060, 48.17.005. 09-02-073 (Matter No. R 2008-06), 284-17-001, filed 1/6/09, effective 7/1/09.]


AMENDATORY SECTION(Amending Matter No. R 2008-06, filed 1/6/09, effective 7/1/09)

WAC 284-17-009   Limited line credit insurance.   Limited line credit insurance is defined at RCW 48.17.010(((8))) (9).

(1) Insurers must ensure that their licensed and appointed insurance producers who transact the limited line credit insurance are qualified by education or experience to offer their credit insurance products.

(2) The requirements of this chapter for prelicensing and continuing insurance education do not apply to insurance producers that transact only the limited line credit insurance.

[Statutory Authority: RCW 48.02.060, 48.17.005. 09-02-073 (Matter No. R 2008-06), 284-17-009, filed 1/6/09, effective 7/1/09.]


AMENDATORY SECTION(Amending Matter No. R 2008-06, filed 1/6/09, effective 7/1/09)

WAC 284-17-011   Limited line of travel insurance.   Travel insurance is a limited line of authority and is defined in WAC 284-17-001(((14))) (16).

(1) Insurers must ensure that their licensed and appointed insurance producers who transact the limited line of travel insurance are qualified by education or experience to offer their travel insurance products.

(2) The requirements of this chapter for passing an insurance producer examination and for prelicensing and continuing insurance education do not apply to insurance producers that transact only the limited line of travel insurance.

[Statutory Authority: RCW 48.02.060, 48.17.005. 09-02-073 (Matter No. R 2008-06), 284-17-011, filed 1/6/09, effective 7/1/09.]

((LONG-TERM CARE (LTC)SPECIAL EDUCATION))
REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 284-17-258 Long-term care education requirement.
WAC 284-17-260 Resident and nonresident agents required to complete the long-term care education requirement.

Washington State Code Reviser's Office