48.56.080 - Premium finance agreement.

Premium finance agreement.

(1) A premium finance agreement shall:

     (a) Be dated, signed by or on behalf of the insured, and the printed portion thereof shall be in at least eight point type;

     (b) Contain the name and place of business of the insurance producer negotiating the related insurance contract, the name and residence or the place of business of the premium finance company to which payments are to be made, a description of the insurance contracts involved and the amount of the premium therefor; and

     (c) Set forth the following items where applicable:

     (i) The total amount of the premiums;

     (ii) The amount of the down payment;

     (iii) The principal balance (the difference between items (i) and (ii));

     (iv) The amount of the service charge;

     (v) The balance payable by the insured (sum of items (iii) and (iv)); and

     (vi) The number of installments required, the amount of each installment expressed in dollars, and the due date or period thereof.

     (2) The items set out in subsection (1)(c) of this section need not be stated in the sequence or order in which they appear in that subsection, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.

     (3) The information required by subsection (1) of this section shall only be required in the initial agreement where the premium finance company and the insured enter into an open end credit transaction, which is defined as follows: A plan prescribing the terms of credit transactions which may be made thereunder from time to time and under the terms of which a finance charge may be computed on the outstanding unpaid balance from time to time thereunder.

     (4) A copy of the premium finance agreement shall be given to the insured at the time or within ten days of its execution, except where the application has been signed by the insured and all the finance charges are one dollar or less per payment. In addition, the premium finance company shall deliver or mail a copy of the premium finance agreement or notice identifying policy, insured, and insurance producer to each insurer that has premiums involved in the transaction, within thirty days of the execution of the premium finance agreement.

     (5) It shall be illegal for a premium finance company to offset funds of an insurance producer with funds belonging to an insured. Premiums advanced by a premium finance company are funds belonging to the insured and shall be held in a fiduciary relationship.

[2008 c 217 § 61; 1975-'76 2nd ex.s. c 119 § 6; 1969 ex.s. c 190 § 8.]

Notes: Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.