Bill
SB 5419
Shifts primary fire-loss reporting from the WSP to the Washington OIC, narrows data, protects confidentiality, and requires quarterly aggregated public reports after 12 months.
Modifying reports of fire losses
Status & timing
- Passed legislature and signed by the Governor (May 12, 2025).
- Effective date: July 27, 2025.
- Enforcement of the new reporting obligations is delayed: insurers are not required to comply until one year after the Insurance Commissioner adopts implementing rules.
Purpose
- Move primary collection of insurer fire-loss data from the Washington State Patrol (WSP) to the Office of the Insurance Commissioner (OIC), modernize and narrow reporting requirements, protect sensitive information from public disclosure, enable targeted information sharing for law enforcement and regulatory use, and provide liability protections for insurers.
Key provisions
- Who must report: “Authorized insurers” transacting insurance under Washington authority.
- When to report: within 90 days after closing a claim or after any non-de minimis subsequent adjustment or further investigation related to fire loss or damage. For fires known or suspected to be criminal, insurers must report immediately to local/tribal law enforcement and the OIC.
- Required data (as amended, narrowed): property address, date of loss, amounts paid by coverage, insurer NAIC number, and the known origin/ cause of loss if determined (the insurer no longer must report suspected cause to the OIC unless criminal). Insurers may submit reports through a third‑party vendor if permitted.
- Investigative cooperation: upon request, insurers must provide full or partial investigation reports to law enforcement; receiving local/tribal agencies must share and coordinate with fire officials.
Confidentiality, disclosure, and use
- All documents, materials, reports, data, and investigations submitted under the statute (including criminal-suspicion reports) are declared confidential and privileged and are exempt from public disclosure under the Public Records Act; they are not subject to civil subpoenas or use in private civil actions. OIC staff and processors generally may not testify in private civil matters about the information, but may comply with subpoenas in criminal matters.
- The OIC may share the confidential data with the NAIC; federal, state, tribal, foreign, and local regulatory, law enforcement and prosecutorial authorities; rating bureaus; State Fire Marshal; and designated fire officials — subject to confidentiality requirements.
- Limited exceptions allow use for wildfire/resiliency planning (State Fire Marshal), rating classification analysis (rating bureaus), and public safety planning by certain local/tribal officials — provided personally identifiable information is not publicly disclosed (aggregated reporting restrictions apply).
Reporting transparency
- The OIC may prepare and publish analyses or reports using aggregated data that do not identify individual companies or consumers. Aggregate data are open records.
- Beginning 12 months after reporting is initiated, the OIC must post quarterly zip-code‑based aggregate reports covering the prior 12 months.
Liability protections
- Insurers (and persons cooperating with subpoenas in criminal matters) are immune from civil liability for reporting known or suspected criminal fire losses or for cooperating with criminal investigations, unless actual malice is shown.
Statutory changes
- Amends RCW 42.56.400 (public records exemptions) and provisions in chapters governing insurance reporting (RCW 48.05.320 and 48.50.040) to implement the above. No appropriation; fiscal note available.
Who is affected
- Authorized insurers writing property/fire coverage in Washington, the OIC (new primary data custodian), local/tribal law enforcement, State Fire Marshal and fire officials, rating bureaus, NAIC, and consumers indirectly through aggregated public reporting and regulatory use.
Compiled from official sources — confirm details with the bill’s official record.
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