(1) An employee of a
self-service storage insurance producer may be authorized to
offer, sell, or solicit self-service storage insurance under the
authority of the self-service storage insurance producer's
license, if all of the following conditions have been satisfied:
(a) The employee is eighteen years of age or older;
(b) The employee is a trustworthy person and has not
committed any act set forth in RCW 48.17.530;
(c) The employee has completed a training and education
program;
(d) The self-service storage insurance producer, at the time
it submits its self-service storage insurance producer license
application, also submits a list of the names of all employees to
its self-service storage insurance producer license on forms
prescribed by the commissioner. The list shall be submitted to
the commissioner annually and kept current by reporting all
changes, deletions, or additions within thirty days after the
change, deletion, or addition occurred. Each list shall be
retained by the self-service storage insurance producer for a
period of three years from submission; and
(e) The self-service storage insurance producer submits to
the commissioner with its initial self-service storage insurance
producer license application, and annually thereafter, a
certification subscribed by an officer of the self-service
storage insurance producer on a form prescribed by the
commissioner, stating all of the following:
(i) No person other than an employee offers, sells, or
solicits self-service storage insurance on its behalf or while
working as an employee of the self-service storage insurance
producer; and
(ii) All employees have completed the training and education
program under subsection (4) of this section.
(2) A self-service storage insurance producer's employee may
only act on behalf of the self-service storage insurance producer
in the offer, sale, or solicitation of self-service storage
insurance. A self-service storage insurance producer is
responsible for, and must supervise, all actions of its employees
related to the offering, sale, or solicitation of self-service
storage insurance. The conduct of an employee is the same as the
conduct of the self-service storage insurance producer for
purposes of this chapter.
(3) The manager at each location of a self-service storage
insurance producer, or the direct supervisor of the self-service
storage insurance producer's employees at each location, must be
an employee of that self-service storage insurance producer and
is responsible for the supervision of each additional employee at
that location. Each self-service storage insurance producer
shall identify the employee who is the manager or direct
supervisor at each location in the employee list that it submits
under subsection (1)(d) of this section.
(4) Each self-service storage insurance producer shall
provide a training and education program for each employee prior
to allowing an employee to offer, sell, or solicit self-service
storage 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 employee shall receive instruction about the
insurance authorized under this chapter that may be offered for
sale to prospective occupants; and
(b) Each employee shall receive training about the
requirements and limitations imposed on self-service storage
insurance producer and employees under this chapter. The
training must include specific instruction that the employee 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) Occupant does not have insurance policies in place that
already provide the coverage being offered by the self-service
storage producer under this chapter; or
(ii) Employee is qualified to evaluate the adequacy of the
occupant'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 employee's authorization to offer, sell, or solicit
self-service storage insurance expires when the employee's
employment with the self-service storage insurance producer is
terminated.
(7) The self-service storage 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 employee
involved in each rental transaction when an occupant purchases
self-service storage insurance.
[2009 c 119 § 8.]