wa-law.org > bill > 2025-26 > SB 5331 > Substitute Bill
The commissioner may prosecute an action in any court of competent jurisdiction to enforce any order made by him or her pursuant to any provision of this code.
If the commissioner has cause to believe that any person has violated any penal provision of this code or of other laws relating to insurance he or she shall certify the facts of the violation to the public prosecutor of the jurisdiction in which the offense was committed.
If the commissioner has cause to believe that any person is violating or is about to violate any provision of this code or any regulation or order of the commissioner, he or she may:
Issue a cease and desist order;
Bring an action in any court of competent jurisdiction to enjoin the person from continuing the violation or doing any action in furtherance thereof;
Order the payment of restitution as provided in subsection (5) of this section; or
Any combination of (a), (b), and (c) of this subsection.
The attorney general and the several prosecuting attorneys throughout the state shall prosecute or defend all proceedings brought pursuant to the provisions of this code when requested by the commissioner.
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The commissioner may order payment of restitution after a hearing under Title 34 RCW or with consent of the person owing the obligation. Restitution shall include only demonstrated economic damages due to another person, excluding a provider. Restitution shall be paid with eight percent simple interest from the date the obligation arose. Any restitution ordered by the commissioner must be paid to the person to whom it is due within 30 days of the date of the order.
For purposes of this subsection, the following definitions apply:
(A) For obligations related to the payment of an insurance claim, 30 days from the date the insurer received all information necessary to determine liability and payment under the policy, unless such investigation cannot reasonably be completed within 30 days;
(B) For obligations related to the payment of premium, the date the premium was charged to the person entitled to restitution; and
(C) For all other obligations, the date the obligation was required to be performed under statute, rule, or contract, or the date the obligated person was first provided written notice of noncompliance; and
ii. "Provider" means any entity providing a service to the person entitled to restitution under this section including, but not limited to, a health care provider, a restoration or mitigation contractor, or an auto body repair shop.
c. Nothing in this subsection shall interfere with RCW 48.49.040.
After hearing or with the consent of the insurer and in addition to or in lieu of the suspension, revocation, or refusal to renew any certificate of authority the commissioner may levy a fine upon the insurer in an amount not less than $250 and not more than $10,000 per violation. The order levying such fine shall specify the period within which the fine shall be fully paid and which period shall not be less than 15 nor more than 30 days from the date of such order. Upon failure to pay any such fine when due the commissioner shall revoke the certificate of authority of the insurer if not already revoked, and the fine shall be recovered in a civil action brought on behalf of the commissioner by the attorney general. Any fine so collected shall be paid by the commissioner to the state treasurer for the account of the general fund.