48.37.005 – Short title.

RCW 48.37.005 Short title. This chapter may be known and cited as the market conduct oversight law. [ 2007 c 82 § 2.]

48.37.010 – Purpose—Intent.

RCW 48.37.010 Purpose—Intent. (1) The purpose of this chapter is to establish a framework for the commissioner’s market conduct actions, including: (a) Processes and systems for identifying, assessing, and prioritizing market conduct problems that have a substantial adverse impact on consumers, policyholders, and claimants; (b) Market conduct actions by the commissioner to substantiate such market […]

48.37.020 – Application.

RCW 48.37.020 Application. This chapter applies to all entities regulated by this title, and to all persons or entities acting as or holding themselves out as insurers in this state, unless otherwise exempted from the provisions of this title. [ 2007 c 82 § 4.]

48.37.030 – Definitions.

RCW 48.37.030 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “Best practices organization” means insurance marketplace standards association or a similar generally recognized organization whose purpose and central mission is the promotion of high ethical standards in the insurance marketplace. (2) “Commissioner” means the insurance commissioner […]

48.37.040 – Market analysis procedures—Commissioner’s duties—Rules.

RCW 48.37.040 Market analysis procedures—Commissioner’s duties—Rules. (1)(a) The commissioner shall collect and report market data information to the NAIC’s market information systems, including the complaint database system, the examination tracking system, the regulatory retrieval system, other successor systems, or to additional systems as the commissioner determines is necessary for market analysis. (b) Market data and […]

48.37.050 – Protocols for market conduct actions—Rules—Report to the legislature.

RCW 48.37.050 Protocols for market conduct actions—Rules—Report to the legislature. (1) Market conduct actions shall be taken as a result of market analysis and shall focus on the general business practices and compliance activities of insurers, rather than identifying obviously infrequent or unintentional random errors that do not cause significant consumer harm. (2)(a) The commissioner […]

48.37.060 – Market conduct examinations—Procedures—Final orders—Fees.

RCW 48.37.060 Market conduct examinations—Procedures—Final orders—Fees. (1) When the commissioner determines that other market conduct actions identified in RCW 48.37.040(4)(a) have not sufficiently addressed issues raised concerning company activities in Washington state, the commissioner has the discretion to conduct market conduct examinations in accordance with the NAIC market conduct uniform examination procedures and the NAIC […]

48.37.070 – Access to records and information—Commissioner’s authority—Depositions, subpoena, and oaths.

RCW 48.37.070 Access to records and information—Commissioner’s authority—Depositions, subpoena, and oaths. (1) Except as otherwise provided by law, market conduct oversight personnel shall have free, convenient, and full access to all books, records, employees, officers, and directors, as practicable, of the insurer during regular business hours. (2) An insurer using a third-party model or product […]

48.37.080 – Confidentiality.

RCW 48.37.080 Confidentiality. (1) All data and documents, including but not limited to working papers, third-party models or products, complaint logs, and copies thereof, created, produced, or obtained by or disclosed to the commissioner, the commissioner’s authorized representative, or an examiner appointed by the commissioner in the course of any market conduct actions or examinations […]

48.37.090 – Market conduct oversight personnel.

RCW 48.37.090 Market conduct oversight personnel. (1) Market conduct oversight personnel shall be qualified by education, experience, and, where applicable, professional designations. The commissioner may supplement the in-house market conduct oversight staff with qualified outside professional assistance if the commissioner determines that the assistance is necessary. (2) Market conduct oversight personnel have a conflict of […]

48.37.100 – Immunity for the commissioner, market conduct oversight personnel, authorized representatives, and examiners.

RCW 48.37.100 Immunity for the commissioner, market conduct oversight personnel, authorized representatives, and examiners. (1) No cause of action shall arise, nor shall any liability be imposed against the commissioner, the commissioner’s authorized representatives, market conduct oversight personnel, or an examiner appointed by the commissioner for any statements made, or conduct performed in good faith […]

48.37.110 – Fines and penalties.

RCW 48.37.110 Fines and penalties. (1) Fines and penalties, applicable to the insurer as found in the Washington insurance code, levied as a result of a market conduct action or examination shall be consistent, reasonable, and justified. (2) The commissioner shall take into consideration actions taken by insurers to maintain membership in, and comply with […]

48.37.120 – Dispute resolution—Rules.

RCW 48.37.120 Dispute resolution—Rules. (1) At any point in the market analysis, the insurer may request a review and resolution of issues by identifying the issues either orally or in writing to the market conduct oversight manager, or deputy insurance commissioner responsible for market conduct oversight. At each level, a response to the insurer shall […]

48.37.130 – Coordination with other state insurance regulators through the NAIC.

RCW 48.37.130 Coordination with other state insurance regulators through the NAIC. (1) The commissioner shall share information and coordinate the commissioner’s market analysis, market conduct actions, and examination efforts with other state insurance regulators. Such matters will be coordinated in accordance with guidelines adopted by the NAIC. (2)(a) If a market conduct examination or action […]

48.37.140 – Additional duties of the commissioner.

RCW 48.37.140 Additional duties of the commissioner. (1) The commissioner shall designate a specific person or persons within the commissioner’s office whose responsibilities shall include the receipt of information from employees of insurers and licensed entities concerning violations of laws or rules by their employers, as defined in this chapter. These persons shall be provided […]