48.164.035 - Application for insurance -- Denial requires explanation. - Washington Statutes

Application for insurance — Denial requires explanation. (Expires December 31, 2016.)

(1) If an association is formed, a person that is unable to obtain excess flood or business interruption insurance because it is unavailable in the voluntary market or because the market is not competitive is eligible to apply to an association for insurance.

     (2) The association may decline to insure particular persons that present an extraordinary risk because of the nature of their operations, property condition, past claims experience, or inadequate risk management. However, the location of a property for which insurance is sought from the association must not, in and of itself, constitute an extraordinary risk.

     (3) Any decision to decline coverage must be sent to the applicant and include:

     (a) A statement of the actual reason for declination; and

     (b) A statement that the applicant may appeal the decision to the commissioner.

     (4) If the commissioner finds that the decision to decline coverage is not supported by the criteria in this section, the commissioner may require the association to provide coverage.

     (5) A decision of the commissioner to provide or to decline to provide coverage under this [section] may be appealed under chapters 48.04 and 34.05 RCW.

[2010 c 230 § 5.]