RCW 48.18.547
Underwriting restrictions that apply to medical malpractice insurance—Rules.
(1) For the purposes of this section:
(a) "Affiliate" has the same meaning as in RCW 48.31B.005(1).
(b) "Claim" means a demand for monetary damages by a claimant.
(c) "Claimant" means a person, including a decedent's estate, who is seeking or has sought monetary damages for injury or death caused by medical malpractice.
(d) "Tier" has the same meaning as in RCW 48.18.545(1)(h).
(e) "Underwrite" or "underwriting" means the process of selecting, rejecting, or pricing a risk, and includes each of these activities:
(i) Evaluation, selection, and classification of risk, including placing a risk with an affiliate insurer that has higher rates and/or rating plan components that will result in higher premiums;
(ii) Application of classification plans, rates, rating rules, and rating tiers to an insured risk; and
(iii) Determining eligibility for:
(A) Insurance coverage provisions;
(B) Higher policy limits; or
(C) Premium payment plans.
(2) During each underwriting process, an insurer may consider the following factors only in combination with other substantive underwriting factors:
(a) An insured has inquired about the nature or scope of coverage under a medical malpractice insurance policy;
(b) An insured has notified their insurer about an incident that may be covered under the terms of their medical malpractice insurance policy, and that incident does not result in a claim; or
(c) A claim made against an insured was closed by the insurer without payment. An insurer may consider the effect of multiple claims if they have a significant effect on the insured's risk profile.
(3) If any underwriting activity related to the insured's risk profile results in higher premiums as described under subsection (1)(e)(i) and (ii) of this section or reduced coverage as described under subsection (1)(e)(iii) of this section, the insurer must provide written notice to the insured, in clear and simple language, that describes the significant risk factors which led to the underwriting action. The commissioner must adopt rules that define the components of a risk profile that require notice under this subsection.
[ 2006 c 8 § 211.]
NOTES:
Application—2006 c 8 §§ 211-213: "Sections 211, 212, and 213 of this act apply to insurance policies issued or renewed on or after January 1, 2007." [ 2006 c 8 § 403.]
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Structure Revised Code of Washington
Chapter 48.18 - The Insurance Contract.
48.18.020 - Power to contract.
48.18.030 - Insurable interest—Personal insurances—Nonprofit organizations—Rules.
48.18.040 - Insurable interest—Property insurances.
48.18.050 - Named insured—Interest insured.
48.18.060 - Application—Consent—When required.
48.18.070 - Alteration of application.
48.18.080 - Application as evidence.
48.18.090 - Warranties and misrepresentations, effect of.
48.18.100 - Forms of policies—Filing, certification, and approval—Exceptions.
48.18.110 - Grounds for disapproval.
48.18.130 - Standard provisions.
48.18.140 - Contents of policies in general.
48.18.150 - Additional contents.
48.18.160 - Charter or bylaw provisions.
48.18.170 - "Premium" defined.
48.18.180 - Stated premium must include all charges.
48.18.190 - Policy must contain entire contract.
48.18.200 - Limiting actions, jurisdiction.
48.18.210 - Execution of policies.
48.18.220 - Receipt of premium to bind coverage—Contents of receipt.
48.18.230 - Binders—Duration—Premium.
48.18.240 - Binders—Insurance producer's or title insurance agent's liability.
48.18.250 - Underwriters' and combination policies.
48.18.260 - Delivery of policy.
48.18.280 - Renewal of policy.
48.18.290 - Cancellation by insurer.
48.18.2901 - Renewal required—Exceptions.
48.18.291 - Cancellation of private automobile insurance by insurer—Notice—Requirements.
48.18.295 - RCW 48.18.290 through 48.18.297 not to prevent cancellation or nonrenewal, when.
48.18.296 - Contracts to which RCW 48.18.291 through 48.18.297 inapplicable.
48.18.297 - Private passenger automobile defined.
48.18.298 - Disability insurance—Refusal to renew by insurer.
48.18.299 - Disability insurance—Cancellation by insurer.
48.18.300 - Cancellation by insured.
48.18.310 - Cancellation by commissioner.
48.18.320 - Annulment of liability policies.
48.18.340 - Dividends payable to real party in interest.
48.18.350 - Breach of warranty prior to loss—Effect.
48.18.360 - Assignment of policies—Life and disability.
48.18.370 - Payment discharges insurer—Life and disability.
48.18.375 - Assignment of interests under group insurance policy.
48.18.390 - Simultaneous deaths—Payment of proceeds—Life insurance.
48.18.400 - Exemption of proceeds—Disability.
48.18.410 - Exemption of proceeds—Life.
48.18.420 - Exemption of proceeds—Group life.
48.18.430 - Exemption of proceeds, commutation—Annuities.
48.18.440 - Spouse's rights in life insurance policy.
48.18.450 - Life insurance payable to trustee named as beneficiary in the policy.
48.18.452 - Life insurance designating as beneficiary a trustee named by will.
48.18.460 - Proof of loss—Furnishing forms—May require oath.
48.18.470 - Claims administration—Not waiver.
48.18.480 - Discrimination prohibited.
48.18.510 - Validity of noncomplying forms.
48.18.520 - Construction of policies.
48.18.540 - Cancellations, denials, refusals to renew—Written notification.
48.18.543 - Single premium credit insurance—Residential mortgage loan—Restrictions—Definitions.
48.18.547 - Underwriting restrictions that apply to medical malpractice insurance—Rules.
48.18.553 - Victims of hate crime offenses—Restrictions of underwriting actions—Definitions.
48.18.555 - Property insurance—Actions resulting from arson or malicious mischief—Definitions.
48.18.565 - Homeowner's insurance—Foster parent.
48.18.570 - Life insurance—Lawful travel destinations.
48.18.580 - Employer-owned life insurance—Requirements.
48.18.583 - Employer-owned life insurance—Application to policies.
48.18.586 - Employer-owned life insurance—Rules.
48.18.600 - Usage-based insurance—Restrictions on information collected.
48.18.610 - Customer satisfaction benefits.
48.18.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.