WSR 26-07-041
PERMANENT RULES
OFFICE OF THE
INSURANCE COMMISSIONER
[Insurance Commissioner Matter R 2025-09—Filed March 12, 2026, 2:36 p.m., effective April 12, 2026]
Effective Date of Rule: Thirty-one days after filing.
Purpose: HB 1006 allows motor vehicle service contract and protection product guarantee providers additional ways to demonstrate financial responsibility. Rule making is necessary to ensure these statutory changes are reflected in WAC.
Rule making is also necessary to clarify what a motor vehicle service contract is and which contracts must be filed with the office of the insurance commissioner (OIC) in accordance with RCW 48.110.073. This clarification will require that certain service contracts be filed with and approved by OIC before use. The rule making includes, but is not limited to, service contracts covering the following services:
Tire and wheel repair and replacement.
Motor vehicle dent, ding, and crease removal.
Motor vehicle windshield repair or replacement.
Motor vehicle key fob repair or replacement.
Citation of Rules Affected by this Order: New WAC 284-110-040; and amending WAC 284-20C-020, 284-110-010, and 284-110-030.
Statutory Authority for Adoption: RCW 48.02.060 (3)(a) and 48.110.150.
Adopted under notice filed as WSR 25-23-108 on November 18, 2025.
Changes Other than Editing from Proposed to Adopted Version: OIC made the following technical changes to WAC 284-20C-020(7) from the proposed to the adopted version:
Clarifies that WAC 284-20C-020 applies to service contracts on motor vehicles, in addition to service contracts covering motor vehicles.
Clarifies that service contracts on or covering motor vehicles must also meet the requirements of RCW 48.110.075.
Clarifies that WAC 284-20C-020(7) only applies to service contracts entered into on or after January 1, 2027.
A final cost-benefit analysis is available by contacting Rules Coordinator, 302 Sid Snyder Avenue, Olympia, WA 98501, phone 360-725-7171, fax 360-586-3109/3535, TTY 360-586-0241, email rulescoordinator@oic.wa.gov, website insurance.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 2, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, 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 0, Repealed 0.
Date Adopted: March 12, 2026.
Patty Kuderer
Insurance Commissioner
RDS-6776.4
AMENDATORY SECTION(Amending WSR 13-12-038, filed 5/30/13, effective 7/1/13)
WAC 284-20C-020General motor vehicle service contract filing rules.
Filers and providers must submit complete filings that comply with these rules:
(1) Filings must comply with the filing instructions and procedures in the SERFF Industry Manual available within the SERFF application and Washington State Motor Vehicle Service Contract Filing Instructions.
(2) Filers must submit every service contract to the commissioner electronically using SERFF.
(a) Every service contract filed in SERFF must be attached to the form schedule.
(b) All written correspondence related to a service contract filing must be sent in SERFF.
(3) Filers must not combine "prior approval" and "use and file" contracts in one filing. Filers must file these types of contracts separately:
(a) Contracts filed under RCW 48.110.073(2); or
(b) Contracts filed under RCW 48.110.073(3).
(4) All filed contracts must be legible for both the commissioner's review and retention as a public record. Filers must submit new and replaced contracts to the commissioner for review in final printed form displayed in ten-point or larger type.
(5) Each contract must have a unique identifying number and a way to distinguish it from other editions of the same contract.
(6) Filers must submit a completed compliance checklist with each new motor vehicle service contract as supporting documentation. If the filing includes more than one new contract, the filer may:
(a) Complete a separate checklist for each motor vehicle service contract; or
(b) Complete one checklist and submit an explanatory memorandum that lists any material differences between the filed contracts.
(7) For the purposes of this chapter, all service contracts on or covering motor vehicles including, but not limited to, service contracts that perform the services listed in RCW 48.110.020 (18)(b)(i) through (iv), must be filed with and approved by the commissioner in accordance with RCW 48.110.073 (2) or (3) and meet the requirements of RCW 48.110.075.
(a) If a service contract provider has already included a contract for the services listed in RCW 48.110.020 (18)(b)(i) through (iv) in a form filing that received approval from the commissioner prior to January 1, 2027, the service contract provider is not required to refile the contract in order to comply with this subsection.
(b) For service contracts that perform the services listed in RCW 48.110.020 (18)(b)(i) through (iv), subsection (7) of this section only applies to service contracts entered into on or after January 1, 2027.
RDS-6777.3
AMENDATORY SECTION(Amending WSR 20-24-123, filed 12/2/20, effective 1/2/21)
WAC 284-110-010Definitions.
The definitions in this section apply throughout this chapter.
(1) "Most recent financial statements" means a partial fiscal year financial statement to include year-end totals, if available. For start-up applicants, formed less than one fiscal year, partial fiscal year financial statements shall include the months from formation to current.
(2) "Statutory accounting principles" means the current year accounting practices and procedures manual as adopted by the national association of insurance commissioners. Service contract providers and protection product guarantee providers must follow all statement of statutory accounting principles with a type of issue of "common area" and "property and casualty." Any permitted accounting practices from a domiciliary state regulator shall not be used in determining minimum net worth. Only service contract providers or protection product guarantee providers relying on RCW 48.110.050 (2)(a) or 48.110.075 (2)(a) may elect to use statutory accounting principles.
(3) "Material changes or additions" as referred to in RCW 48.110.030(6) and 48.110.055(7) means the following:
(a) Any financial condition where the registrant, or its parent company if applicable, fails to maintain the net worth requirements under RCW 48.110.030 (2)(c)(i) and (ii) and 48.110.055 (3)(e).
(b) The information referred to in RCW 48.110.030 (2)(a) and (b).
(c) Change of financial responsibility or faithful performance requirements under RCW 48.110.050 (2)(a) through (c).
(d) The information referred to in RCW 48.110.055 (2)(b) through (3)(d).
AMENDATORY SECTION(Amending WSR 20-24-123, filed 12/2/20, effective 1/2/21)
WAC 284-110-030Parental guarantee.
Service contract providers or protection product guarantee providers relying on RCW 48.110.050 (2)(c) to demonstrate financial responsibility or assure faithful performance must use the prescribed parental guarantee form that is available on the commissioner's website.
NEW SECTION
WAC 284-110-040Reimbursement insurance policies insuring service contracts or protection product guarantees.
A service contract provider or protection product guarantee provider that uses a reimbursement insurance policy to demonstrate its financial responsibility or to assure faithful performance of its obligations under RCW 48.110.050 (2)(a) may insure each service contract or protection product guarantee under separate reimbursement insurance policies. However, no service contract or protection product guarantee may be insured by more than one reimbursement insurance policy. For example:
(1) A service contract provider or protection product guarantee provider may insure one or more service contracts or protection product guarantees under Reimbursement Insurance Policy A, and separately insure one or more service contracts or protection product guarantees not covered by Reimbursement Insurance Policy A under Reimbursement Insurance Policy B.
(2) A service contract provider or protection product guarantee provider may not insure a single service contract or a single protection product guarantee under Reimbursement Insurance Policy A and Reimbursement Insurance Policy B. The service contract or protection product guarantee must be insured solely by either Reimbursement Insurance Policy A or Reimbursement Insurance Policy B, not both.