RCW 48.115.020
Rental car agent endorsees -- Duties of rental
car agent -- Training -- Transaction records. (Effective until July
1, 2009.)
(1) An employee or agent of a rental car agent may be
an endorsee authorized to offer, sell, or solicit rental car
insurance under the authority of the rental car agent license, if
all of the following conditions have been satisfied:
(a) The employee or agent is eighteen years of age or older;
(b) The employee or agent is a trustworthy person and has
not committed any act set forth in RCW 48.17.530;
(c) The employee or agent has completed a training and
education program;
(d) The rental car company, at the time it submits its
rental car agent license application, also submits a list of the
names of all endorsees to its rental car agent license on forms
prescribed by the commissioner. The list shall be updated and
submitted to the commissioner quarterly on a calendar year basis.
Each list shall be retained by the rental car company for a
period of three years from submission; and
(e) The rental car company or its agent submits to the
commissioner with its initial rental car agent license
application, and annually thereafter, a certification subscribed
by an officer of the rental car company on a form prescribed by
the commissioner, stating all of the following:
(i) No person other than an endorsee offers, sells, or
solicits rental car insurance on its behalf or while working as
an employee or agent of the rental car agent; and
(ii) All endorsees have completed the training and education
program under subsection (4) of this section.
(2) A rental car agent's endorsee may only act on behalf of
the rental car agent in the offer, sale, or solicitation of a
rental car insurance. A rental car agent is responsible for, and
must supervise, all actions of its endorsees related to the
offering, sale, or solicitation of rental car insurance. The
conduct of an endorsee acting within the scope of his or her
employment or agency is the same as the conduct of the rental car
agent for purposes of this chapter.
(3) The manager at each location of a rental car agent, or
the direct supervisor of the rental car agent's endorsees at each
location, must be an endorsee of that rental car agent and is
responsible for the supervision of each additional endorsee at
that location. Each rental car agent shall identify the endorsee
who is the manager or direct supervisor at each location in the
endorsee list that it submits under subsection (1)(d) of this
section.
(4) Each rental car agent shall provide a training and
education program for each endorsee prior to allowing an endorsee
to offer, sell, or solicit rental car insurance. Details of the
program must be submitted to the commissioner, along with the
license application, for approval prior to use, and resubmitted
for approval of any changes prior to use. This training program
shall meet the following minimum standards:
(a) Each endorsee shall receive instruction about the kinds
of insurance authorized under this chapter that may be offered
for sale to prospective renters; and
(b) Each endorsee shall receive training about the
requirements and limitations imposed on car rental agents and
endorsees under this chapter. The training must include specific
instruction that the endorsee is prohibited by law from making
any statement or engaging in any conduct express or implied, that
would lead a consumer to believe that the:
(i) Purchase of rental car insurance is required in order
for the renter to rent a motor vehicle;
(ii) Renter does not have insurance policies in place that
already provide the coverage being offered by the rental car
company under this chapter; or
(iii) Endorsee is qualified to evaluate the adequacy of the
renter's existing insurance coverages.
(5) The training and education program submitted to the
commissioner is approved if no action is taken within thirty days
of its submission.
(6) An endorsee's authorization to offer, sell, or solicit
rental car insurance expires when the endorsee's employment with
the rental car company is terminated.
(7) The rental car agent shall retain for a period of one
year from the date of each transaction records which enable it to
identify the name of the endorsee involved in each rental
transaction when a renter purchases rental car insurance.
[2002 c 273 § 5.]
RCW 48.115.020
Rental car insurance producer
endorsees -- Duties of rental car insurance
producer -- Training -- Transaction records. (Effective July 1,
2009.)
(1) An employee or agent of a rental car insurance
producer may be an endorsee authorized to offer, sell, or solicit
rental car insurance under the authority of the rental car
insurance producer license, if all of the following conditions
have been satisfied:
(a) The employee or agent is eighteen years of age or older;
(b) The employee or agent is a trustworthy person and has
not committed any act set forth in RCW 48.17.530;
(c) The employee or agent has completed a training and
education program;
(d) The rental car company, at the time it submits its
rental car insurance producer license application, also submits a
list of the names of all endorsees to its rental car insurance
producer license on forms prescribed by the commissioner. The
list shall be updated and submitted to the commissioner quarterly
on a calendar year basis. Each list shall be retained by the
rental car company for a period of three years from submission;
and
(e) The rental car company or its agent submits to the
commissioner with its initial rental car insurance producer
license application, and annually thereafter, a certification
subscribed by an officer of the rental car company on a form
prescribed by the commissioner, stating all of the following:
(i) No person other than an endorsee offers, sells, or
solicits rental car insurance on its behalf or while working as
an employee or agent of the rental car insurance producer; and
(ii) All endorsees have completed the training and education
program under subsection (4) of this section.
(2) A rental car insurance producer's endorsee may only act
on behalf of the rental car insurance producer in the offer,
sale, or solicitation of a rental car insurance. A rental car
insurance producer is responsible for, and must supervise, all
actions of its endorsees related to the offering, sale, or
solicitation of rental car insurance. The conduct of an endorsee
acting within the scope of his or her employment or agency is the
same as the conduct of the rental car insurance producer for
purposes of this chapter.
(3) The manager at each location of a rental car insurance
producer, or the direct supervisor of the rental car insurance
producer's endorsees at each location, must be an endorsee of
that rental car insurance producer and is responsible for the
supervision of each additional endorsee at that location. Each
rental car insurance producer shall identify the endorsee who is
the manager or direct supervisor at each location in the endorsee
list that it submits under subsection (1)(d) of this section.
(4) Each rental car insurance producer shall provide a
training and education program for each endorsee prior to
allowing an endorsee to offer, sell, or solicit rental car
insurance. Details of the program must be submitted to the
commissioner, along with the license application, for approval
prior to use, and resubmitted for approval of any changes prior
to use. This training program shall meet the following minimum
standards:
(a) Each endorsee shall receive instruction about the kinds
of insurance authorized under this chapter that may be offered
for sale to prospective renters; and
(b) Each endorsee shall receive training about the
requirements and limitations imposed on rental car insurance
producers and endorsees under this chapter. The training must
include specific instruction that the endorsee is prohibited by
law from making any statement or engaging in any conduct express
or implied, that would lead a consumer to believe that the:
(i) Purchase of rental car insurance is required in order
for the renter to rent a motor vehicle;
(ii) Renter does not have insurance policies in place that
already provide the coverage being offered by the rental car
company under this chapter; or
(iii) Endorsee is qualified to evaluate the adequacy of the
renter's existing insurance coverages.
(5) The training and education program submitted to the
commissioner is approved if no action is taken within thirty days
of its submission.
(6) An endorsee's authorization to offer, sell, or solicit
rental car insurance expires when the endorsee's employment with
the rental car company is terminated.
(7) The rental car insurance producer shall retain for a
period of one year from the date of each transaction records
which enable it to identify the name of the endorsee involved in
each rental transaction when a renter purchases rental car
insurance.
[2008 c 217 § 89; 2002 c 273 § 5.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.