WSR 25-19-084
PROPOSED RULES
OFFICE OF THE
INSURANCE COMMISSIONER
[Insurance Commissioner Matter R 2025-03—Filed September 16, 2025, 12:13 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-13-102.
Title of Rule and Other Identifying Information: Implementation of SSB 5419, fire loss reporting.
Hearing Location(s): On October 22, 2025, at 11:00 a.m. - 12:00 p.m. PT, via Zoom at https://wa-oic.zoom.us/meeting/register/SaM__FzZTdO2TowilOKM2w. Written comments are due to the office of the insurance commissioner (OIC) by 11:59 p.m. on October 23, 2025. Written comments can be emailed to RulesCoordinator@oic.wa.gov.
Date of Intended Adoption: October 24, 2025.
Submit Written Comments to: Rules Coordinator, P.O. Box 40255, Olympia, WA 98504-0255, email RulesCoordinator@oic.wa.gov, fax 360-586-3109 or 360-586-3535, beginning September 17, 2025, by October 23, 2025, at 11:59 p.m. PT.
Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-725-7171, fax 360-586-3109 or 360-586-3535, TTY 360-586-0241, email RulesCoordinator@oic.wa.gov, by close of business on October 21, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2025, the legislature passed a fire loss reporting bill, SSB 5419 (chapter 225, Laws of 2025), which requires insurers to report fire losses to OIC instead of to the Washington state patrol. This rule will implement SSB 5419 and assist insurance companies with fire loss data reporting requirements. A new subsection is being added to WAC 284-20-010 directing authorized insurers to our website for instructions on reporting fire losses.
Reasons Supporting Proposal: WAC revisions are needed to implement SSB 5419. This rule provides guidance to insurance companies for reporting fire loss data.
Statutory Authority for Adoption: RCW 48.02.060; and chapter 225, Laws of 2025.
Statute Being Implemented: Chapter 225, Laws of 2025.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Patty Kuderer, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Simon Casson, P.O. Box 40255, Olympia, WA 98504-0255, 360-725-7171; Enforcement: Kim Tocco, P.O. Box 40255, Olympia, WA 98504-0255, 360-725-7000.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Exempt under RCW 34.05.328 (5)(b)(v): Rules the content of which is explicitly and specifically dictated by statute, including any rules of the department of revenue adopted under the authority of RCW 82.32.762(3).
Rationale: OIC is considering rule making to implement SSB 5419, which requires insurers to report fire losses to OIC instead of the Washington state patrol. The rule making will implement how insurance companies provide fire loss data to OIC.
This proposed rule making is exempt from a full cost-benefit analysis because language added to WAC 284-20-010 is dictated by statute. SSB 5419 requires insurers or insurance company statistical agents to report fire losses within 90 days of closing a claim and details the precise data elements required. The rule language references statute and directs submitters to OIC's website for the reporting instructions. This rule is required by statute and does not expand upon the existing scope of the statutory requirement.
WAC 284-20-010 Standard fire policies, the proposed rule amendment aligns existing rule with the law as established in chapter 225, Laws of 2025.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Is exempt under RCW 19.85.025(4).
Explanation of exemptions: Legal Obligations: Chapter 19.85 RCW states that "… an agency shall prepare a small business economic impact statement: (i) If the proposed rule will impose more than minor costs on businesses in an industry …"1 The small business economic impact statement (SBEIS) must include "… a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements … To determine whether the proposed rule will have a disproportionate cost impact on small businesses."2
1
RCW 19.85.030: http://app.leg.wa.gov/RCW/default.aspx?cite=19.85.030.
2
RCW 19.85.040: http://app.leg.wa.gov/RCW/default.aspx?cite=19.85.040.
This rule proposal, or portions of the proposal, are exempt from requirements of the Regulatory Fairness Act under:
RCW 34.05.310 (4)(e), rules the content of which is explicitly and specifically dictated by statute.
RCW 19.85.025(4), the businesses that must comply with the proposed rule are not small businesses, under chapter 19.85 RCW. OIC has found that none of the existing insurance issuers may be considered small businesses under RCW 19.85.020(3).
Rationale for Exemptions:
RCW 34.05.310 (4)(e): This proposed rule making is exempt from an SBEIS as language added to WAC 284-20-010 is dictated by statute. SSB 5419 requires insurers or insurance company statistical agents to report fire losses within 90 days of closing a claim and details the precise data elements required. The rule language references statute and directs submitters to OIC's website for the reporting instructions. Rule adoption is required by statute and does not expand upon the existing scope of the statutory requirement.
RCW 19.85.025(4): Further, this rule does not impact small businesses. The rule impacts direct property and casualty insurance carriers, who do not qualify as small businesses. The average number of employees per firm was determined below using Washington employment security department quarterly census of employment and wages data.3
3
https://esd.wa.gov/jobs-and-training/labor-market-information/employment-and-wages/covered-employment-qcew.
Average number of firms: 79.
Average annual employment over 12 months: 4,178.
Average number of employees per firm (North American Industry Classification System code 524126): 53.
The average number of employees for a direct property and casualty insurance carrier is 53 employees, which is above the small business threshold of 50 under chapter 19.85.020(3).
Determination: OIC determines that this rule is exempt from SBEIS requirements.
Scope of exemption for rule proposal:
Is fully exempt.
The public may obtain a copy of the small business economic impact statement or the detailed cost calculations by contacting Simon Casson, P.O. Box 40255, Olympia, WA 98504-0255, phone 360-725-7171, fax 360-586-3109, email RulesCoordinator@oic.wa.gov.
September 16, 2025
Patty Kuderer
Insurance Commissioner
RDS-6646.1
AMENDATORY SECTION(Amending WSR 21-23-066, filed 11/12/21, effective 1/1/22)
WAC 284-20-010Standard fire policies.
(1) This regulation is promulgated pursuant to RCW 48.18.120(1) to define and effect reasonable uniformity in all basic contracts of fire insurance.
(2) All policies which include coverage against loss or damage by fire are hereby defined to be basic contracts of fire insurance unless they come within the scope of insurance code provisions, or regulations adopted by the commissioner, providing that they may be regarded as marine, inland marine, vehicle, or casualty policies.
(3) Except for the provisions of the next succeeding three paragraphs, no company shall issue any basic contract of fire insurance covering property or interest therein in this state other than on the form known as the 1943 New York Standard Fire Insurance Policy, herein referred to as the "standard fire policy": Provided, however, that such form shall be modified to conform to RCW 48.18.290 with respect to the number of days' notice of cancellation required. In addition, such form shall be modified as necessary to conform to WAC 284-20-020 with respect to inception and expiration times. Such modifications may be by endorsement.
(a) Insurers issuing a standard fire policy pursuant to this regulation are hereby authorized to affix thereto or include therein a written statement that the policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, all whether directly or indirectly resulting from an insured peril under said policy: Provided, however, that nothing herein contained shall be construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming coverage for loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination provided such assumption clause has been filed with and approved by the commissioner in accordance with RCW 48.18.100.
(b) The pages of the standard fire policy issued pursuant to this regulation may be renumbered and the format rearranged for convenience in the preparation of individual contracts, and to provide space for the listing of rates and premiums for coverages insured thereunder or under endorsement attached to or printed thereon, and such other data as may be conveniently included for duplication on daily reports for office records.
(c) As an alternative form, a form written in clear, understandable language, which provides terms, conditions and coverages not less favorable to the insured than the "standard fire policy," may be used. Such alternative form may be incorporated in or integrated within a form providing other or additional coverages, as, for example, a homeowners policy or a special multiperil policy. The intent of this subsection is to permit understandable plain language policies and package policies without diminishing any rights an insured would have under the 1943 New York Standard Fire Insurance Policy.
(d) By use of such alternative form, an insurer certifies that it is not less favorable to the insured than the "standard fire policy." If, in the adjustment of claims, any provision of the "standard fire policy" applicable to such claims is found to be more favorable to the insured than the alternative form used, then provisions of the "standard fire policy" shall govern.
(4) Except for the intrinsic labor costs that are included in the cost of manufactured materials or goods, the expense of labor necessary to repair, rebuild, or replace covered property is not a component of physical depreciation and may not be subject to depreciation or betterment.
(5) In accordance with RCW 48.05.320, instructions for insurer reporting of fire loss or damage may be found on the commissioner's website at www.insurance.wa.gov.