SB 5419 — Modifying reports of fire losses.

S-1415.1Z-0316.2 SUBSTITUTE SENATE BILL 5419 State of Washington 69th Legislature 2025 Regular Session By Senate Business, Financial Services & Trade (originally sponsored by Senators Lovick, Muzzall, Nobles, and Shewmake;

by request of Insurance Commissioner)Commissioner READRead FIRSTfirst TIMEtime 02/14/25.01/22/25.

Referred to Committee on Business, Financial Services & Trade.

1 SSBSB 5419 (5) Information provided under RCW 48.05.510 through 48.05.535, 48.43.200 through 48.43.225, 48.44.530 through 48.44.555, and 48.46.600 through 48.46.625;

2 SSBSB 5419 (13) Confidential and privileged documents obtained or produced by the insurance commissioner and identified in RCW 48.37.080;

3 SSBSB 5419 (26) Nonpublic personal health information obtained by, disclosed to, or in the custody of the insurance commissioner, as provided in RCW 48.02.068;

(1) ((Each)) Within 9030 days of closing a claim related to a fire loss or damage, or any subsequent non-de minimis adjustment or further investigation related to a fire loss or damage, an authorized insurer shall ((promptly)) report to the ((chief of the Washington state patrol, through the director of fire protection, upon forms as prescribed and furnished by him or her)) insurance commissioner, in the manner prescribed by the insurance commissioner, each fire loss of property in this state reported to ((it and)) the insurer.

and (e) Any other information required by the insurance commissioner.

4 SSBSB 5419 (e)(2)(a) NAICIn companyaddition number;to the report of information required under subsection (1) of this section, whenever an insurer knows or suspects that a fire loss or damage may be due to criminal activity, the insurer shall immediately report to the local or tribal law enforcement agency of jurisdiction, and the insurance commissioner, the details of the loss or damage and the basis for the insurer's knowledge or suspicion that it may be due to criminal activity, and upon request, provide a complete copy of any full or partial investigation of the claim or loss conducted by the insurer.

and (f) Any other information required by the insurance commissioner relating to the insurance policy and insurance claim.

(2)(a) In addition to the report of information required under subsection (1) of this section, whenever an insurer knows or suspects that a fire loss or damage may be due to criminal activity, the insurer shall immediately report to the local or tribal law enforcement agency of jurisdiction, and the insurance commissioner, the details of the loss or damage and the basis for the insurer's knowledge or suspicion that it may be due to criminal activity, and upon request, provide a complete copy of any full or partial investigation of the claim or loss conducted by the insurer.

(c) Unless actual malicemalice, fraud, or bad faith is shown, an insurer is immune from liability in any civil action or suit arising from its (i) report of information to law enforcement and the insurance commissioner pursuant to this subsection (2), or (ii) cooperation with a duly issued subpoena for a criminal investigation or prosecution.

(i) The national association of insurance p.commissioners and its affiliates and subsidiaries;

5(ii) SSBregulatory, 5419law commissionersenforcement, and itsprosecutorial affiliatesofficials of other states and subsidiaries;p.

(ii)5 regulatory,SB law5419 enforcement, and prosecutorial officials of other states and nations, the federal government, tribal governments, and international authorities;

and (vi) local or tribal law enforcement officials, prosecutors, or fire chiefs and fire marshals in this state.

(d) Local or tribal law enforcement officials, prosecutors, and fire chiefs and fire marshals in this state may use information shared under (a) of this subsection for public safety planning purposes, so long as they do not publicly disclose information that contains personally identifiable information about properties, property owners, policyholders, losses, claimants, or claims, other than aggregated by zip code.

(e) Local, tribal, state, or federal law enforcement officials, prosecutors, and fire chiefs and fire marshals in this state, and limited authority peace officers employed by the insurance commissioner may use information referenced under this section to investigate and prosecute crime, and in so doing, may release information received under this section as is necessary for investigative and prosecutorial purposes, to comply with all due process rights of criminally accused individuals, and to comply with public records obligations applicable to criminal investigations or prosecutions.

Nothing in this section is intended to modify criminal p.investigative procedures or prosecutions or any authority, process, right, or obligation related to them.

6p. SSB 5419 investigative procedures or prosecutions or any authority, process, right, or obligation related to them.

6 SB 5419 (4) The insurance commissioner may adopt rules as necessary to implement this section.

7 SSBSB 5419