2006 House Bill 2415 (Regulating under- and un-insured motorist coverage)

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Introduced by Rep. Mark Ericks, (D-Bothell) (D) on January 3, 2006, to provide that those covered by under- or un-insured motorist coverage are entitled to coverage without regard to whether an event was intentionally caused unless the insurer can demonstrate that the covered person intended to cause the damage for which uninsured and/or underinsured motorists' coverage is sought. Pertaining to these statutes, “accident” means an occurrence that is unexpected and unintended from the standpoint of the covered person. See companion SB 6182.
- Referred to the House Financial Institutions & Insurance Committee on January 9, 2006.
- Substitute offered to the House Financial Institutions & Insurance Committee on January 12, 2006, to provide that if the insured seeking underinsured motorist coverage was the intended victim of an intentional act, the incident must be reported to law enforcement and the insured must cooperate with any related law enforcement investigation.
- The substitute passed in the House by voice vote on January 18, 2006.
Passed in the House (96 to 0) on January 18, 2006. [Vote Details and Comments]
Received in the Senate on January 19, 2006.
- Referred to the Senate Financial Institutions, Housing, and Consumer Protection Committee on January 19, 2006.
- Amendment offered to the Senate on February 23, 2006, by the Senate Financial Institutions, Housing, and Consumer Protection Committee, to clarify that a person is not entitled to underinsured motorist coverage when that person had the intent to cause an "event," rather than the intent to cause the "damage," for which coverage is sought. Technical corrections are made.
- The amendment passed in the Senate by voice vote on February 28, 2006.
Passed in the Senate (48 to 0) on February 28, 2006, to provide that those covered by under- or un-insured motorist coverage are entitled to coverage without regard to whether an event was intentionally caused. [Vote Details and Comments]
Received in the House on March 4, 2006, to concur in Senate amendments, for final passage of the bill. Passed in the House (97 to 0) on March 4, 2006. [Vote Details and Comments]
Signed by Gov. Christine Gregoire on March 24, 2006, to provide that those covered by under- or un-insured motorist coverage are entitled to coverage without regard to whether an event was intentionally caused.

Most Recent Comments

1) Uninsured Motorist [by Anonymous on January 12, 2006]
Insurance Issues in our State of Washington are important. As this 2006 Session begins there are actions in both the House and Senate on Insurance. Because I was personally in a "Hit and Run" automobile accident and have been drawn into 3 lawsuits, I wanted to call your attention to my concerns for our citizens.

Our State of Washington requires automobile insurance, yet our state does not require insurance companies to identify their insured, and these insurance companies have a pattern of drawing their harmed insured into the legal system, and then through the court system, thus using our courts for their insurance company benefits (concealing the details of settlement, drawing out settlements, payments, or creating a history of appealing decisions, and even hiring independent medical examiners to minimize injury). These court actions are done at a dear cost to our citizens. Yet these same insurance companies are allowed to deny coverage to those that cause injury, who as they drive uninsured, cause harm again at the cost of our citizens.

It would not take any great action to require insurance at the time one gets a drivers/learner permit, or purchases a car, but I have a grave concern of giving Insurance companies one more ounce of authority without accountability. Even the driving record of offenses could be micro-chipped on a drivers’ license if one wanted drivers to be accountable. This micro chipping could also assist Homeland Security and Law Enforcement officers.

As an injured party, I am now aware of techniques these insurance companies use, also drawing out payments, so that even basic caregivers cannot afford to stay around to assist the injured. Also, I have experience unpaid medical bills (which can affect one's medical care and credit), and even in pain I have had difficulty making basic cost of living payments on time.

It is my understanding doctors are allowed to deny medical care to those insured in automobile accidents. I have seen care be denied and I have seen quick assessments, with full medical billing. I have seen discontinuity of medical care. This care and assistance at home, as well as uninsured motorist coverage were part of the coverage which I paid into for years.

I have grave concerns that our citizens are being bilked for insurance required by law, but basically just going into the pockets of large insurance companies. These companies then hire attorneys to protect their assets or to draw out payments, or deny them due to "preexisting conditions". These insurance companies are allowed to sell "stacking policies", more than one policy for the same coverage, yet it is my understanding that citizens cannot collect on these policies. Let our citizens know clearly that no payment is made on death and how settlements are to be made, by lawsuit or arbitration. Let our citizens know of the Washington State Insurance Commissioners’ Office and the complaint hotline.

Even the process of a lawsuit or arbitration is a concern. Our State of Washington should have an absolute vested interest in what is going on. Certainly their are ways to insure quality control of the insurance industry.

I have gone to the Washington Department of Disabilities. They have rooms full of people, insured like me, yet only those with 4 types of disability are being given immediate assistance and even then only after a review of their medical records. Imagine the time it takes to review records of a disabled party. I was refused even the chance to look at employment resources, a department paid for by tax money. I receive my medical care only because I have alternate medical insurance, with a subrogation file. Many of our citizens are undoubtedly on the streets and untreated as a result of insurance negligence. This neglect contributes to families, adults and children alike.

Please watch the upcoming Legislative Session, the House and Senate, carefully and please hold these insurance companies accountable. No insurance rate or health information should be held private, our citizens need access to this information. Please specifically watch actions on Insurance Fraud, Arbitration, and Medical Payments.

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2) Excellent Idea [by Anonymous on January 4, 2006]
A family member had to wait MONTHS to get an uninsured motorist claim paid while the insurance company waited for a police report. Who cares whether the other driver caused the accident on purpose?
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3) 2006 House Bill 2415 (Regulating under- and un-insured motorist coverage) [by admin on January 1, 2001]
Introduced in the House on January 3, 2006

The vote was 96 in favor, 0 opposed and 2 not voting

(House Roll Call 0 at House Journal 0)

Click here to view bill details.
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