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13 of 13 (TSO00) <br />compliance with the following: <br /> <br /> (a) For all insurance policies other than medical malpractice insurance policies or fire insurance policies canceled under <br />RCW <br />48.53.040: <br /> <br /> (i) The insurer must deliver or mail written notice of cancellation to the named insured at least forty-five days before the <br />effective date of the cancellation; and <br /> <br /> (ii) The cancellation notice must include the insurer's actual reason for canceling the policy. <br /> <br /> (b) For medical malpractice insurance policies: <br /> <br /> (i) The insurer must deliver or mail written notice of the cancellation to the named insured at least ninety days before the <br />effective date of the cancellation; and <br /> <br /> (ii) The cancellation notice must include the insurer's actual reason for canceling the policy and describe the significant risk <br />factors that led to the insurer's underwriting action, as defined under RCW 48.18.547(1)(e). <br /> <br /> (c) If an insurer cancels a policy described under (a) or (b) of this subsection for nonpayment of premium, the insurer must <br />deliver or mail the cancellation notice to the named insured at least ten days before the effective date of the cancellation. <br /> <br /> (d) If an insurer cancels a fire insurance policy under RCW 48.53.040, the insurer must deliver or mail the cancellation <br />notice to the named insured at least five days before the effective date of the cancellation. <br /> <br /> (e) Like notice must also be so delivered or mailed to each mortgagee, pledgee, or other person shown by the policy to <br />have an interest in any loss which may occur thereunder. For purposes of this subsection (1)(e), "delivered" includes electronic <br />transmittal, facsimile, or personal delivery. <br /> <br /> (2) The mailing of any such notice shall be effected by depositing it in a sealed envelope, directed to the addressee at his <br />or her last address as known to the insurer or as shown by the insurer's records, with proper prepaid postage affixed, in a <br />letter depository of the United States post office. The insurer shall retain in its records any such item so mailed, together with <br />its envelope, which was returned by the post office upon failure to find, or deliver the mailing to, the addressee. <br /> <br /> (3) The affidavit of the individual making or supervising such a mailing, shall constitute prima facie evidence of such facts of <br />the mailing as are therein affirmed. <br /> <br /> (4) The portion of any premium paid to the insurer on account of the policy, unearned because of the cancellation and in <br />amount as computed on the pro rata basis, must be actually paid to the insured or other person entitled thereto as shown by <br />the policy or by any endorsement thereon, or be mailed to the insured or such person as soon as possible, and no later than <br />forty-five days after the date of notice of cancellation to the insured for homeowners', dwelling fire, and private passenger auto. <br />Any such payment may be made by cash, or by check, bank draft, or money order. <br /> <br /> (5) This section shall not apply to contracts of life or disability insurance without provision for cancellation prior to the date <br />to which premiums have been paid, or to contracts of insurance procured under the provisions of chapter 48.15 RCW. <br />[2006 c 8 § 212; 1997 c 85 § 1; 1988 c 249 § 2; 1986 c 287 § 1; 1985 c 264 § 17; 1982 c 110 § 7; 1980 c 102 § 7; 1979 ex.s. c 199 § 5; 1975-'76 2nd <br />ex.s. c 119 § 2; 1947 c 79 § .18.29; Rem. Supp. 1947 § 45.18.29.] <br />Notes: <br /> Application -- 2006 c 8 §§ 211-213: See note following RCW 48.18.547. <br /> Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes <br />following RCW 5.64.010. <br /> Effective date -- 1988 c 249: See note following RCW 48.18.289. <br /> Application -- 1985 c 264 §§ 17-22: "Sections 17 through 22 of this act apply to all new or renewal policies <br />issued or renewed after May 10, 1985. Sections 17 through 22 of this act shall not apply to or affect the validity <br />of any notice of cancellation mailed or delivered prior to May 10, 1985. Sections 17 through 22 of this act shall <br />not be construed to affect cancellation of a renewal policy, if notice of cancellation is mailed or delivered within <br />forty-five days after May 10, 1985. Sections 17 through 22 of this act shall not be construed to require notice, <br />other than that already required, of intention not to renew any policy which expires less than forty-five days <br />after May 10, 1985." [1985 c 264 § 24.] <br />Page 15 of 34Chapter 48.18 RCW: The insurance contract <br />2/1/2011http://apps.leg.wa.gov/RCW/default.aspx?cite=48.18&full=true