WA People
BILL · 2007–08 SESSION · LATEST VERSION ESSB 5726

SB 5726: Insurance fair conduct act

Creating the insurance fair conduct act.

Summary

  • Prohibits the unfair practice of an insurer unreasonably denying a claim for coverage or payment of benefits to a first party claimant.
  • Requires a court to award actual damages sustained, together with the costs of the action, including reasonable attorneys' fees and litigation costs if an insurer: (1) unreasonably denied a claim; (2) violated one of five specific unfair practice rules; or (3) violated an unfair practice rule adopted under unfair practice rule-making authority by the Insurance Commissioner intended to implement this act.
  • Allows a court to award up to triple the amount of actual damages if an insurer: (1) unreasonably denied a claim; (2) violated one of five specific unfair practice rules; or (3) violated an unfair practice rule adopted under unfair practice rule-making authority by the Insurance Commissioner intended to implement this act.

From the Substitute House Bill Report (SSB 5726), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 498, Laws of 2007
  1. IntroducedJan 29, 2007
  2. Out of committeeFeb 16, 2007
  3. Passed SenateMar 13, 2007
  4. Passed HouseApr 5, 2007
  5. GovernorMay 15, 2007
  6. LawMay 15, 2007
Prime sponsor
Brian Weinstein (D-41)
Introduced
January 29, 2007 in the Senate
Last action
May 15, 2007
Session law
Chapter 498, Laws of 2007
Companion bill
HB 1491
Budget
Has a fiscal note
Versions
SB 5726, ESSB 5726

AN ACT Relating to creating the insurance fair conduct act;

Sponsors

Prime sponsor: Brian Weinstein (D-41)

2 co-sponsors (2 Democrats, 0 Republicans)

Adam Kline D-37Rosa Franklin D-29

Votes

Senate · 3rd Reading & Final Passage

Passed March 13, 2007
Version voted on: ESSB 5726
30 Yea 17 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat29300
Republican11402
How each member voted

Excused (2)

Permalink to this vote

House · Final Passage as Amended by the House

Passed April 5, 2007
Version voted on: ESSB 5726
59 Yea 38 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat58401
Republican13400
How each member voted

Yea (59)

Excused (1)

Permalink to this vote

Senate · Final Passage as Amended by the House

Passed April 14, 2007
Version voted on: ESSB 5726
31 Yea 18 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat30200
Republican11600
How each member voted
Permalink to this vote
2 other recorded votes (amendments, procedural motions)

Senate · Amendment 254 by Honeyford (page 2, line 32)

March 13, 2007
Version voted on: ESSB 5726
17 Yea 29 Nay 2 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat32900
Republican14021
How each member voted

Absent (2)

Excused (1)

Permalink to this vote

Senate · Amendment 255 by Brandland (page 2, line 34)

March 13, 2007
Version voted on: ESSB 5726
21 Yea 26 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat62600
Republican15002
How each member voted

Excused (2)

Permalink to this vote

History

  1. Effective date 7/22/2007. (ESSB 5726)
  2. Chapter 498, 2007 Laws. (ESSB 5726)
  3. Governor signed. (ESSB 5726)
  4. Delivered to Governor. (ESSB 5726)
  5. Speaker signed. (ESSB 5726)
  6. President signed. (ESSB 5726)
  7. Passed final passage; yeas, 31; nays, 18; absent, 0; excused, 0. (ESSB 5726)
  8. Senate concurred in House amendments. (ESSB 5726)
  9. Third reading, passed; yeas, 59; nays, 38; absent, 0; excused, 1. (ESSB 5726)
  10. Rules suspended. Placed on Third Reading. (ESSB 5726)
  11. Committee amendment adopted as amended. (ESSB 5726)
  12. Placed on second reading by Rules Committee. (ESSB 5726)
  13. Passed to Rules Committee for second reading. (ESSB 5726)
  14. IFCP - Majority; do pass with amendment(s). (ESSB 5726)
  15. Minority; do not pass. (ESSB 5726)
  16. IFCP - Executive action taken by committee. (ESSB 5726)
  17. First reading, referred to Insurance, Financial Services & Consumer Protection. (ESSB 5726)
  18. Third reading, passed; yeas, 30; nays, 17; absent, 0; excused, 2. (ESSB 5726)
  19. Rules suspended. Placed on Third Reading. (ESSB 5726)
  20. Floor amendment(s) adopted. (ESSB 5726)
  21. 1st substitute bill substituted. (ESSB 5726)
  22. 1st substitute bill substituted.
  23. Placed on second reading by Rules Committee. (ESSB 5726)
  24. Placed on second reading by Rules Committee.
  25. Passed to Rules Committee for second reading. (ESSB 5726)
  26. Minority; do not pass. (ESSB 5726)
  27. CPH - Majority; 1st substitute bill be substituted, do pass. (ESSB 5726)
  28. CPH - Majority; 1st substitute bill be substituted, do pass.
  29. Minority; do not pass.
  30. Passed to Rules Committee for second reading.
  31. First reading, referred to Consumer Protection & Housing.

SB 5726 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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