RCW 48.115.025
Restrictions on offer, sale, or
solicitation -- Consumer information. (Effective until July 1,
2009.)
Insurance may not be offered, sold, or solicited under
this section, unless:
(1) The rental period of the rental car agreement is thirty
consecutive days or less;
(2) At every location where rental agreements are executed,
the rental car agent or endorsee provides brochures or other
written materials to each renter who purchases rental car
insurance that clearly, conspicuously, and in plain language:
(a) Summarize, clearly and correctly, the material terms,
exclusions, limitations, and conditions of coverage offered to
renters, including the identity of the insurer;
(b) Describe the process for filing a claim in the event the
renter elects to purchase coverage, including a toll-free
telephone number to report a claim;
(c) Provide the rental car agent's name, address, telephone
number, and license number, as well as the commissioner's
consumer hotline number;
(d) Inform the consumer that the rental car insurance
offered, sold, or solicited by the rental car agent may provide a
duplication of coverage already provided by a renter's personal
automobile insurance policy, homeowners' insurance policy, or by
another source of coverage;
(e) Inform the consumer that the purchase by the renter of
the rental car insurance is not required in order to rent a
rental car from the rental car agent; and
(f) Inform the consumer that the rental car agent and the
rental car agent's endorsees are not qualified to evaluate the
adequacy of the renter's existing insurance coverages;
(3) The purchaser of rental car insurance acknowledges in
writing the receipt of the brochures or written materials
required by subsection (2) of this section;
(4) Evidence of the rental car insurance coverage is stated
on the face of the rental agreement;
(5) All costs for the rental car insurance are separately
itemized in the rental agreement;
(6) When the rental car insurance is not the primary source
of coverage, the consumer is informed in writing in the form
required by subsection (2) of this section that their personal
insurance will serve as the primary source of coverage; and
(7) For transactions conducted by electronic means, the
rental car agent must comply with the requirements of this
section, and the renter must acknowledge in writing or by
electronic signature the receipt of the following disclosures:
(a) The insurance policies offered by the rental car agent
may provide a duplication of coverage already provided by a
renter's personal automobile insurance policy, homeowners'
insurance policy, or by another source of coverage;
(b) The purchase by the renter of rental car insurance is
not required in order to rent a rental car from the rental car
agent; and
(c) The rental car agent and the rental car agent's
endorsees are not qualified to evaluate the adequacy of the
renter's existing insurance coverages.
[2002 c 273 § 6.]
RCW 48.115.025
Restrictions on offer, sale, or
solicitation -- Consumer information. (Effective July 1, 2009.)
Insurance may not be offered, sold, or solicited under this
section, unless:
(1) The rental period of the rental car agreement is thirty
consecutive days or less;
(2) At every location where rental agreements are executed,
the rental car insurance producer or endorsee provides brochures
or other written materials to each renter who purchases rental
car insurance that clearly, conspicuously, and in plain language:
(a) Summarize, clearly and correctly, the material terms,
exclusions, limitations, and conditions of coverage offered to
renters, including the identity of the insurer;
(b) Describe the process for filing a claim in the event the
renter elects to purchase coverage, including a toll-free
telephone number to report a claim;
(c) Provide the rental car insurance producer's name,
address, telephone number, and license number, as well as the
commissioner's consumer hotline number;
(d) Inform the consumer that the rental car insurance
offered, sold, or solicited by the rental car insurance producer
may provide a duplication of coverage already provided by a
renter's personal automobile insurance policy, homeowners'
insurance policy, or by another source of coverage;
(e) Inform the consumer that the purchase by the renter of
the rental car insurance is not required in order to rent a
rental car from the rental car insurance producer; and
(f) Inform the consumer that the rental car insurance
producer and the rental car insurance producer's endorsees are
not qualified to evaluate the adequacy of the renter's existing
insurance coverages;
(3) The purchaser of rental car insurance acknowledges in
writing the receipt of the brochures or written materials
required by subsection (2) of this section;
(4) Evidence of the rental car insurance coverage is stated
on the face of the rental agreement;
(5) All costs for the rental car insurance are separately
itemized in the rental agreement;
(6) When the rental car insurance is not the primary source
of coverage, the consumer is informed in writing in the form
required by subsection (2) of this section that their personal
insurance will serve as the primary source of coverage; and
(7) For transactions conducted by electronic means, the
rental car insurance producer must comply with the requirements
of this section, and the renter must acknowledge in writing or by
electronic signature the receipt of the following disclosures:
(a) The insurance policies offered by the rental car
insurance producer may provide a duplication of coverage already
provided by a renter's personal automobile insurance policy,
homeowners' insurance policy, or by another source of coverage;
(b) The purchase by the renter of rental car insurance is
not required in order to rent a rental car from the rental car
insurance producer; and
(c) The rental car insurance producer and the rental car
insurance producer's endorsees are not qualified to evaluate the
adequacy of the renter's existing insurance coverages.
[2008 c 217 § 90; 2002 c 273 § 6.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.