RCW 48.56.080
Premium finance agreement. (Effective until
July 1, 2009.)
(1) A premium finance agreement shall --
(a) be dated, signed by or on behalf of the insured, and the
printed portion thereof shall be in at least eight point type;
(b) contain the name and place of business of the insurance
agent negotiating the related insurance contract, the name and
residence or the place of business of the premium finance company
to which payments are to be made, a description of the insurance
contracts involved and the amount of the premium therefor; and
(c) set forth the following items where applicable --
(i) the total amount of the premiums,
(ii) the amount of the down payment,
(iii) the principal balance (the difference between items
(i) and (ii)),
(iv) the amount of the service charge,
(v) the balance payable by the insured (sum of items (iii)
and (iv)), and
(vi) the number of installments required, the amount of each
installment expressed in dollars, and the due date or period
thereof.
(2) The items set out in paragraph (c) of subsection (1)
need not be stated in the sequence or order in which they appear
in such paragraph (c), and additional items may be included to
explain the computations made in determining the amount to be
paid by the insured.
(3) The information required by subsection (1) of this
section shall only be required in the initial agreement where the
premium finance company and the insured enter into an open end
credit transaction, which is defined as follows: A plan
prescribing the terms of credit transactions which may be made
thereunder from time to time and under the terms of which a
finance charge may be computed on the outstanding unpaid balance
from time to time thereunder.
(4) A copy of the premium finance agreement shall be given
to the insured at the time or within ten days of its execution,
except where the application has been signed by the insured and
all the finance charges are one dollar or less per payment. In
addition, the premium finance company shall deliver or mail a
copy of the premium finance agreement or notice identifying
policy, insured and producing agent to each insurer that has
premiums involved in the transaction, within thirty days of the
execution of the premium finance agreement.
(5) It shall be illegal for a premium finance company to
offset funds of an agent with funds belonging to an insured. Premiums advanced by a premium finance company are funds
belonging to the insured and shall be held in a fiduciary
relationship.
[1975-'76 2nd ex.s. c 119 § 6; 1969 ex.s. c 190 § 8.]
RCW 48.56.080
Premium finance agreement. (Effective July
1, 2009.)
(1) A premium finance agreement shall:
(a) Be dated, signed by or on behalf of the insured, and the
printed portion thereof shall be in at least eight point type;
(b) Contain the name and place of business of the insurance
producer negotiating the related insurance contract, the name and
residence or the place of business of the premium finance company
to which payments are to be made, a description of the insurance
contracts involved and the amount of the premium therefor; and
(c) Set forth the following items where applicable:
(i) The total amount of the premiums;
(ii) The amount of the down payment;
(iii) The principal balance (the difference between items
(i) and (ii));
(iv) The amount of the service charge;
(v) The balance payable by the insured (sum of items (iii)
and (iv)); and
(vi) The number of installments required, the amount of each
installment expressed in dollars, and the due date or period
thereof.
(2) The items set out in subsection (1)(c) of this section
need not be stated in the sequence or order in which they appear
in that subsection, and additional items may be included to
explain the computations made in determining the amount to be
paid by the insured.
(3) The information required by subsection (1) of this
section shall only be required in the initial agreement where the
premium finance company and the insured enter into an open end
credit transaction, which is defined as follows: A plan
prescribing the terms of credit transactions which may be made
thereunder from time to time and under the terms of which a
finance charge may be computed on the outstanding unpaid balance
from time to time thereunder.
(4) A copy of the premium finance agreement shall be given
to the insured at the time or within ten days of its execution,
except where the application has been signed by the insured and
all the finance charges are one dollar or less per payment. In
addition, the premium finance company shall deliver or mail a
copy of the premium finance agreement or notice identifying
policy, insured, and insurance producer to each insurer that has
premiums involved in the transaction, within thirty days of the
execution of the premium finance agreement.
(5) It shall be illegal for a premium finance company to
offset funds of an insurance producer with funds belonging to an
insured. Premiums advanced by a premium finance company are
funds belonging to the insured and shall be held in a fiduciary
relationship.
[2008 c 217 § 61; 1975-'76 2nd ex.s. c 119 § 6; 1969 ex.s. c 190 § 8.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.