Reports of fire losses

AN ACT Relating to reports of fire losses; and amending RCW 1
42.56.400, 48.05.320, and 48.50.040. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 42.56.400 and 2023 c 149 s 12 are each amended to 4
read as follows: 5
The following information relating to insurance and financial 6
institutions is exempt from disclosure under this chapter:7
(1) Records maintained by the board of industrial insurance 8
appeals that are related to appeals of crime victims' compensation 9
claims filed with the board under RCW 7.68.110; 10
(2) Information obtained and exempted or withheld from public 11
inspection by the health care authority under RCW 41.05.026, whether 12
retained by the authority, transferred to another state purchased 13
health care program by the authority, or transferred by the authority 14
to a technical review committee created to facilitate the 15
development, acquisition, or implementation of state purchased health 16
care under chapter 41.05 RCW; 17
(3) The names and individual identification data of either all 18
owners or all insureds, or both, received by the insurance 19
commissioner under chapter 48.102 RCW; 20
(4) Information provided under RCW 48.30A.045 through 48.30A.060;21
Z-0316.2
SENATE BILL 5419
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovick, Muzzall, Nobles, and Shewmake; by request of
Insurance Commissioner
Read first time 01/22/25. Referred to Committee on Business,
Financial Services & Trade.
p. 1 SB 5419
(5) Information provided under RCW 48.05.510 through 48.05.535, 1
48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 2
48.46.600 through 48.46.625; 3
(6) Examination reports and information obtained by the 4
department of financial institutions from banks under RCW 30A.04.075, 5
from savings banks under RCW 32.04.220, from savings and loan 6
associations under RCW 33.04.110, from credit unions under RCW 7
31.12.565, from check cashers and sellers under RCW 31.45.030(3), and 8
from securities brokers and investment advisers under RCW 21.20.100, 9
information that could reasonably be expected to reveal the identity 10
of a whistleblower under RCW 21.40.090, and information received 11
under RCW 43.320.190, all of which are confidential and privileged 12
information; 13
(7) Information provided to the insurance commissioner under RCW 14
48.110.040(3); 15
(8) Documents, materials, or information obtained by the 16
insurance commissioner under RCW 48.02.065, all of which are 17
confidential and privileged; 18
(9) Documents, materials, or information obtained or provided by 19
the insurance commissioner under RCW 48.31B.015(2) (l) and (m), 20
48.31B.025, 48.31B.030, 48.31B.035, and 48.31B.036, all of which are 21
confidential and privileged; 22
(10) Data filed under RCW 48.140.020, 48.140.030, 48.140.050, and 23
7.70.140 that, alone or in combination with any other data, may 24
reveal the identity of a claimant, health care provider, health care 25
facility, insuring entity, or self-insurer involved in a particular 26
claim or a collection of claims. For the purposes of this subsection:27
(a) "Claimant" has the same meaning as in RCW 48.140.010(2).28
(b) "Health care facility" has the same meaning as in RCW 29
48.140.010(6). 30
(c) "Health care provider" has the same meaning as in RCW 31
48.140.010(7). 32
(d) "Insuring entity" has the same meaning as in RCW 33
48.140.010(8). 34
(e) "Self-insurer" has the same meaning as in RCW 48.140.010(11);35
(11) Documents, materials, or information obtained by the 36
insurance commissioner under RCW 48.135.060; 37
(12) Documents, materials, or information obtained by the 38
insurance commissioner under RCW 48.37.060; 39
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(13) Confidential and privileged documents obtained or produced 1
by the insurance commissioner and identified in RCW 48.37.080;2
(14) Documents, materials, or information obtained by the 3
insurance commissioner under RCW 48.37.140; 4
(15) Documents, materials, or information obtained by the 5
insurance commissioner under RCW 48.17.595; 6
(16) Documents, materials, or information obtained by the 7
insurance commissioner under RCW 48.102.051(1) and 48.102.140 (3) and 8
(7)(a)(ii); 9
(17) Documents, materials, or information obtained by the 10
insurance commissioner in the commissioner's capacity as receiver 11
under RCW 48.31.025 and 48.99.017, which are records under the 12
jurisdiction and control of the receivership court. The commissioner 13
is not required to search for, log, produce, or otherwise comply with 14
the public records act for any records that the commissioner obtains 15
under chapters 48.31 and 48.99 RCW in the commissioner's capacity as 16
a receiver, except as directed by the receivership court;17
(18) Documents, materials, or information obtained by the 18
insurance commissioner under RCW 48.13.151; 19
(19) Data, information, and documents provided by a carrier 20
pursuant to section 1, chapter 172, Laws of 2010; 21
(20) Information in a filing of usage-based insurance about the 22
usage-based component of the rate pursuant to RCW 48.19.040(5)(b);23
(21) Data, information, and documents that are submitted to the 24
office of the insurance commissioner by an entity providing health 25
care coverage pursuant to RCW 28A.400.275; 26
(22) Data, information, and documents obtained by the insurance 27
commissioner under RCW 48.29.017; 28
(23) Information not subject to public inspection or public 29
disclosure under RCW 48.43.730(5); 30
(24) Documents, materials, or information obtained by the 31
insurance commissioner under chapter 48.05A RCW; 32
(25) Documents, materials, or information obtained by the 33
insurance commissioner under RCW 48.74.025, 48.74.028, 48.74.100(6), 34
48.74.110(2) (b) and (c), and 48.74.120 to the extent such documents, 35
materials, or information independently qualify for exemption from 36
disclosure as documents, materials, or information in possession of 37
the commissioner pursuant to a financial conduct examination and 38
exempt from disclosure under RCW 48.02.065; 39
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(26) Nonpublic personal health information obtained by, disclosed 1
to, or in the custody of the insurance commissioner, as provided in 2
RCW 48.02.068; 3
(27) Data, information, and documents obtained by the insurance 4
commissioner under RCW 48.02.230; 5
(28) Documents, materials, or other information, including the 6
corporate annual disclosure obtained by the insurance commissioner 7
under RCW 48.195.020; 8
(29) Findings and orders disapproving acquisition of a trust 9
institution under RCW 30B.53.100(3); 10
(30) All claims data, including health care and financial related 11
data received under RCW 41.05.890, received and held by the health 12
care authority; ((and))13
(31) Contracts not subject to public disclosure under RCW 14
48.200.040 and 48.43.731; and15
(32) Data, information, and documents obtained from an insurer, 16
or by or from the insurance commissioner, under RCW 48.05.320.17
Sec. 2. RCW 48.05.320 and 1995 c 369 s 24 are each amended to 18
read as follows: 19
(1) ((Each)) Within 30 days of closing a claim or any subsequent 20
adjustment or further investigation related to a fire loss or damage, 21
an authorized insurer shall ((promptly)) report to the ((chief of the 22
Washington state patrol, through the director of fire protection, 23
upon forms as prescribed and furnished by him or her )) insurance 24
commissioner, in the manner prescribed by the insurance commissioner , 25
each fire loss of property in this state reported to ((it and)) the 26
insurer. At a minimum, the reported information must include:27
(a) The property address;28
(b) The date of loss;29
(c) The amount that the insurer paid on each coverage;30
(d) The known or suspected origin and cause of the loss or 31
damage, including whether the loss is due to criminal activity or to 32
undetermined causes((.33
(2) Each such insurer shall likewise report to the chief of the 34
Washington state patrol, through the director of fire protection, 35
upon claims paid by it for loss or damage by fire in this state. 36
Copies of all reports required by this section shall be promptly 37
transmitted to the state insurance commissioner)); and38
(e) Any other information required by the insurance commissioner.39
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(2)(a) In addition to the report of information required under 1
subsection (1) of this section, whenever an insurer knows or suspects 2
that a fire loss or damage may be due to criminal activity, the 3
insurer shall immediately report to the local or tribal law 4
enforcement agency of jurisdiction, and the insurance commissioner, 5
the details of the loss or damage and the basis for the insurer's 6
knowledge or suspicion that it may be due to criminal activity, and 7
upon request, provide a complete copy of any full or partial 8
investigation of the claim or loss conducted by the insurer.9
(b) Upon receipt of a report from an insurer made pursuant to (a) 10
of this subsection, the local or tribal law enforcement agency shall 11
timely share all information received from the insurer with the 12
individual responsible for fire investigation under RCW 43.44.050(1), 13
and shall coordinate with that individual consistent with RCW 14
43.44.050.15
(c) Unless actual malice, fraud, or bad faith is shown, an 16
insurer is immune from liability in any civil action or suit arising 17
from its (i) report of information to law enforcement and the 18
insurance commissioner pursuant to this subsection (2), or (ii) 19
cooperation with a duly issued subpoena for a criminal investigation 20
or prosecution.21
(3) Except as provided in this subsection (3), documents, 22
materials, reports, data, investigations, and other information 23
described in subsections (1) and (2) of this section are confidential 24
by law and privileged, are not subject to public disclosure under 25
chapter 42.56 RCW, and are not subject to a civil matter subpoena 26
directed to the insurance commissioner or any person who processes 27
information received pursuant to this section. Neither the insurance 28
commissioner, staff of the office of the insurance commissioner, nor 29
anyone receiving or processing information pursuant to this section 30
is permitted or required to testify in any private civil action 31
concerning any information that is confidential and privileged under 32
this subsection (3). Nothing in this subsection prohibits cooperation 33
with subpoenas for documents or testimony in criminal matters.34
(a) The commissioner may share documents, materials, reports, 35
data, investigations, and other information, including the 36
confidential and privileged information received pursuant to this 37
section, with: (i) The national association of insurance 38
commissioners and its affiliates and subsidiaries; (ii) regulatory, 39
law enforcement, and prosecutorial officials of other states and 40
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nations, the federal government, tribal governments, and 1
international authorities; (iii) agencies of this state; (iv) rating 2
bureaus; (v) the state fire marshal's office; and (vi) local or 3
tribal law enforcement officials, prosecutors, or fire chiefs in this 4
state. Except as provided in (b) through (e) of this subsection, the 5
commissioner must require a recipient of information shared pursuant 6
to this subsection (3)(a) to maintain the confidentiality and 7
privileged status of the information. 8
(b) The state fire marshal's office may use information shared 9
under (a) of this subsection for wildfire and resiliency planning 10
purposes, so long as it does not publicly disclose information that 11
contains personally identifiable information about properties, 12
property owners, policyholders, losses, claimants, or claims.13
(c) Rating bureaus may use the information shared under (a) of 14
this subsection to analyze and inform rating classifications, so long 15
as they do not publicly disclose, other than to rating subscribers, 16
information that contains personally identifiable information about 17
property owners, policyholders, losses, claimants, claims, or 18
properties, other than aggregated by zip code or fire district 19
boundary.20
(d) Local or tribal law enforcement officials, prosecutors, and 21
fire chiefs in this state may use information shared under (a) of 22
this subsection for public safety planning purposes, so long as they 23
do not publicly disclose information that contains personally 24
identifiable information about properties, property owners, 25
policyholders, losses, claimants, or claims, other than aggregated by 26
zip code.27
(e) Local, tribal, state, or federal law enforcement officials, 28
prosecutors, and fire chiefs in this state, and limited authority 29
peace officers employed by the insurance commissioner may use 30
information referenced under this section to investigate and 31
prosecute crime, and in so doing, may release information received 32
under this section as is necessary for investigative and 33
prosecutorial purposes, to comply with all due process rights of 34
criminally accused individuals, and to comply with public records 35
obligations applicable to criminal investigations or prosecutions. 36
Nothing in this section is intended to modify criminal investigative 37
procedures or prosecutions or any authority, process, right, or 38
obligation related to them.39
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(4) The insurance commissioner may adopt rules as necessary to 1
implement this section. 2
Sec. 3. RCW 48.50.040 and 2000 c 254 s 2 are each amended to 3
read as follows: 4
(1) When an insurer has reason to believe that a fire loss 5
reported to the insurer may be of other than accidental cause, the 6
insurer shall notify the ((chief of the Washington state patrol, 7
through the director of fire protection )) insurance commissioner, in 8
the manner prescribed under RCW 48.05.320 concerning the 9
circumstances of the fire loss, including any and all relevant 10
material developed from the insurer's inquiry into the fire loss.11
(2) Notification of the ((chief of the Washington state patrol, 12
through the director of fire protection, )) insurance commissioner 13
under subsection (1) of this section does not relieve the insurer of 14
the duty to respond to a request for information from any other 15
authorized agency and does not bar an insurer from other reporting 16
under RCW 48.50.030(2). 17
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