Revised Code of Washington
Wash. Rev. Code § 48.01.040 (2026)
"Insurance" defined
✓ current as of May 2026
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Insurance is a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.
[1947 c 79 s .01.04; Rem. Supp. 1947 s 45.01.04.]
Notes of Decisions
Cited in 26
cases (7 in the last 5 years), 1952–2025 · leading case: Quinn Kyrkos v. State Farm Mut. Auto. Ins., 852 P.2d 1078 (Wash. 1993).
Quinn Kyrkos v. State Farm Mut. Auto. Ins., 852 P.2d 1078 (Wash. 1993). “" RCW 48.01.040. When a statute is unambiguous, its meaning must be derived from the actual language chosen by the Legislature.”
Godfrey v. Hartford Cas. Ins., 142 Wash. 2d 885 (Wash. 2001). “Smith, Johnson, Sanders, and Bridge, JJ., concur. Justice Philip Talmadge is serving as a justice pro tempore of the Supreme Court pursuant to Const, art.”
Godfrey v. Hartford Cas. Ins. Co., 16 P.3d 617 (Wash. 2001). “[1] A self-insurer is not insured for UIM considerations because RCW 48.01.040 defines insurance as "a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.”
Witherspoon v. St. Paul Fire & Marine Ins., 548 P.2d 302 (Wash. 1976). “” RCW 48.01.040; see In re Estate of Knight, 31 Wn.”
Washington Ins. Guar. Ass'n v. Dep't of Labor & Indus., 859 P.2d 592 (Wash. 1993). “The Guaranty Act itself does not define "reinsurer, insurer, insurance pool or underwriting association", although earlier in RCW Title 48, both "insurance" and "insurer" are defined.”
Mendoza v. Rivera-Chavez, 140 Wash. 2d 659 (Wash. 2000). “Insurance is by its nature prospective and not retrospective, as can be seen from the statutory definition of an insurance contract as “a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.”
Mendoza v. Rivera-Chavez, 999 P.2d 29 (Wash. 2000). “Insurance is by its nature prospective and not retrospective, as can be seen from the statutory definition of an insurance contract as "a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.”
Stamp v. Dep't of Labor & Indus., 859 P.2d 597 (Wash. 1993). “However, such a reading is specifically foreclosed by RCW Title 48, which defines "insurance' as "a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.”
State v. Mau, 308 P.3d 629 (Wash. 2013). “” RCW 48.01.040. Read in combination with the definition of “insurance,” therefore, the phrase “contract of insurance” is somewhat perplexing: it literally means a “contract of a contract .”
McIllwain v. State Farm Mut. Auto. Ins. Co., 136 P.3d 135 (Wash. Ct. App. 2006). “RCW 48.01.040. A claim against the insurance company for underinsured motorist coverage is an action on the policy that sounds in contract, although an underlying tortious injury is also involved, which affects the contract claim.”
Emter v. Columbia Health Servs., 819 P.2d 390 (Wash. Ct. App. 1991). “1 RCW 48.01.040 provides: Insurance is a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.”
Washington Physicians Serv. Ass'n v. Gregoire, 967 F. Supp. 424 (W.D. Wash. 1997). “RCW 48.01.040 defines “insurance” as “a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies.”
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