Wash. Rev. Code § 48.18.550

Current through 2024

Section 48.18.550 - Victims of domestic abuse-Prohibition on certain cancellations, denials, refusals to renew, and different rates-Domestic abuse defined

(1) No insurer shall deny or refuse to accept an application for insurance, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a policy of insurance, or charge a different rate for the same coverage on the basis that the applicant or insured person is, has been, or may be a victim of domestic abuse.

(2) Nothing in this section shall prevent an insurer from taking any of the actions set forth in subsection (1) of this section on the basis of loss history or medical condition or for any other reason not otherwise prohibited by this section, any other law, regulation, or rule.

(3) Any form filed or filed after June 11, 1998, subject to RCW 48.18.120(1) or subject to a rule adopted under RCW 48.18.120(1) may exclude coverage for losses caused by intentional or fraudulent acts of any insured. Such an exclusion, however, shall not apply to deny an insured's otherwise-covered property loss if the property loss is caused by an act of domestic abuse by another insured under the policy, the insured claiming property loss files a police report and cooperates with any law enforcement investigation relating to the act of domestic abuse, and the insured claiming property loss did not cooperate in, or contribute to, the creation of the property loss. Payment by the insurer to an insured may be limited to the person's insurable interest in the property less payments made to a mortgagee or other party with a legal secured interest in the property. An insurer making payment to an insured under this section has all rights of subrogation to recover against the perpetrator of the act that caused the loss.

(4) Nothing in this section prohibits an insurer from investigating a claim and complying with chapter 48.30A RCW.

(5) For the purposes of this section, the following definitions apply:

(a) "Domestic abuse" means:

(i) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members or intimate partners;

(ii) sexual assault of one family or household member by another or of one intimate partner by another;

(iii) stalking as defined in RCW 9A.46.110 of one family or household member by another or of one intimate partner by another; or

(iv) intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another family or household member or of another intimate partner.

(b) "Family or household member" has the same meaning as in RCW 10.99.020.

(c) "Intimate partner" has the same meaning as in RCW 10.99.020.

RCW 48.18.550

Amended by 2021 c 215,§ 151, eff. 7/1/2022.

Amended by 2020 c 29,§ 15, eff. 3/18/2020.

1998 c 301 § 1.

Effective date- 2022 c 268; 2021 c 215 : See note following RCW 7.105.900.

Effective date- 2020 c 29 : See note following RCW 7.77.060.