Who Is an Insured Under Washington Auto Insurance?

Basic Rule

Named Insured

Liability Coverage

Permissive Drivers

UIM Insureds

PIP Insureds

Household Members

Business Policies

Citizen Workflow

Authorities

There is no single universal definition of “insured”

Automobile insurance contains several separate coverages. A person can qualify as an insured for one coverage while failing to qualify for another.

Who is protected from claims?

Liability coverage generally focuses on persons or organizations insured against legal responsibility arising from use of a covered vehicle.

Who receives first-party protection?

UIM can protect named insureds and household family members more broadly than people who qualify only because they occupy a covered vehicle.

Washington supplies a statutory definition

Chapter 48.22 RCW expressly defines categories of persons who can qualify as insureds for Washington PIP purposes.

The named insured usually occupies the strongest coverage position

The declarations page identifies the named insured. That designation can affect liability coverage, UIM, PIP, policy rights, cancellation notices, rejection rights and other contractual protections.

RCW 48.22.005 provides a statutory definition for chapter 48.22: “named insured” means the individual named in the declarations and includes that person’s spouse when the spouse resides in the same household.

Liability insured status commonly follows ownership, permission and policy definitions

A standard automobile liability policy generally protects the named insured and may extend coverage to additional people using a covered vehicle with permission.

Washington’s Financial Responsibility Act expressly illustrates this structure for certified owner’s policies. RCW 46.29.490 requires such policies to insure:

• the person named in the policy; and
• another person using the covered vehicle with the named insured’s express or implied permission.

Modern policies may also extend liability insured status to:

• resident family members;
• permissive users;
• organizations legally responsible for a covered insured’s conduct;
• employees using qualifying covered autos;
• users of temporary substitute vehicles; and
• persons using qualifying nonowned vehicles.

The specific policy controls subject to Washington statutory and public-policy limitations.

Permission can determine whether another driver becomes an insured

Washington cases have long analyzed express and implied permission under automobile liability omnibus clauses.

Direct authorization

The owner or named insured expressly allows the person to use the vehicle.

Permission inferred from conduct

Permission may sometimes be established by conduct, practice, relationship and the surrounding circumstances rather than explicit words.

Washington held that coverage under an omnibus clause required the driver’s use to be within express or implied permission attributable to the named insured.

The Washington Supreme Court rejected the proposition that permission to one user automatically permits that person to delegate use to another driver. The policy and facts surrounding the secondary user’s permission matter.

Washington UIM distinguishes between broad insured status and vehicle-based insured status

RCW 48.22.030 requires UIM protection for “persons insured” under the automobile policy, subject to statutory exceptions and permitted written rejection.

Washington Supreme Court decisions commonly distinguish two important categories of UIM insureds.

Named insureds and qualifying family members

These insureds typically receive personal UIM protection that is not limited merely to occupying the vehicle listed on the policy.

Other occupants of the covered vehicle

These persons may qualify for UIM because they occupy a covered vehicle but generally do not receive the same portable status as a named insured.

Explains the important distinction between named-insured/family-member UIM coverage and coverage extended to other persons because they are occupying a covered vehicle.

Reinforces that named insureds and family members occupy a materially different UIM coverage position from persons covered only as vehicle occupants.

A specifically named insured could receive UIM protection even though she was not occupying the insured vehicle at the time of injury.

Washington generally ties the UIM insured class to the policy’s liability insured class

Washington decisions recognize that RCW 48.22.030 protects persons insured under the automobile liability policy. The insurer may define the class of insureds, but it ordinarily cannot define a narrower UIM class than the insured class contemplated by the liability coverage and governing statute merely to defeat the statutory protection.

Washington Supreme Court authority recognizing that the statutory UIM/UM protection must be made available to a class of insureds at least as broad as the class insured under the primary liability coverage.

Washington expressly defines who is insured for PIP

RCW 48.22.005 applies definitions throughout chapter 48.22 unless the context requires otherwise.

For PIP purposes, the statutory insured class includes two principal groups.

Named insured and qualifying household members

The named insured and household residents related by blood, marriage or adoption, along with a ward, foster child or stepchild of the named insured.

Occupants, users and pedestrians

A person injured while occupying or using the insured automobile with permission, or a pedestrian accidentally struck by the insured automobile.

The statute also defines “named insured” to include the individual named in the declarations and that person’s spouse when the spouse resides in the same household.

Household status can materially change coverage

Automobile policies frequently extend important coverages to a named insured’s spouse and qualifying resident relatives. Whether a person is a resident of the household can therefore determine access to UIM, PIP and other coverage.

Relevant facts can include:

• where the person regularly sleeps;
• where personal belongings are kept;
• mailing and driver’s-license addresses;
• financial dependence;
• family relationships;
• temporary absence for college, military service or work;
• the person’s intent concerning residence; and
• the wording of the particular policy definition.

A vehicle occupant may be insured under one policy and not another

A passenger injured in a Washington crash might potentially qualify under:

• UIM coverage on the occupied vehicle;
• PIP coverage on the occupied vehicle;
• the passenger’s own automobile policy;
• a resident household member’s policy;
• commercial or rideshare insurance applicable to the vehicle; or
• some combination of these sources.

Business auto policies require special attention to who the named insured is

A commercial automobile policy may name a corporation, limited liability company, partnership, governmental entity or other organization rather than an individual.

That can materially change insured-status analysis.

The Washington Supreme Court examined UIM insured status under a commercial policy in which the named insured was a business rather than the injured individual. The employee did not receive the same status as an individually named insured merely because of his relationship to the business.

Commercial policies may define insured status according to:

• ownership of the covered auto;
• employee status;
• permission;
• scope of employment;
• listed auto symbols;
• hired and nonowned auto endorsements;
• executive officer status; and
• special UIM endorsements.

Exclusions can affect insured status but are not automatically controlling

Insurers may rely on exclusions concerning vehicle ownership, regular use, household status, excluded drivers, commercial use or other risks.

Washington courts generally enforce valid policy limitations unless they conflict with a statute, recognized public policy or controlling insurance law.

The Washington Supreme Court invalidated a household liability exclusion that eliminated protection for a class of innocent victims, emphasizing Washington’s public policy favoring compensation of automobile-accident victims.

Citizen workflow for determining Washington insured status

Primary authority behind this guide

Defines “insured,” “named insured,” “insured automobile,” “occupying,” “pedestrian” and other terms applicable throughout chapter 48.22 unless context requires otherwise. The statutory insured definition includes named insureds, qualifying resident household members, permissive users or occupants, and pedestrians struck by the insured automobile.

Requires UIM protection for persons insured under qualifying Washington automobile policies unless coverage is validly rejected or otherwise limited as authorized by statute.

Requires a certified owner’s policy to insure the named insured and persons using the covered vehicle with the named insured’s express or implied permission.

Important Washington cases

Named-insured UIM protection can follow the insured independently of occupancy of the vehicle listed on the policy.

Explains the distinction between named insureds and family members on one hand and other persons insured because they occupy a covered vehicle on the other.

Reinforces Washington’s distinction between personal UIM insureds and occupancy-based insureds.

Important authority concerning the relationship between the liability insured class and the statutory class entitled to UM/UIM protection.

Demonstrates why commercial policies require separate insured-status analysis when the named insured is a business rather than an individual.

Addresses permission under an automobile liability omnibus clause.

Important Washington authority concerning secondary users and whether permission given to one person extends to another driver.

Bottom line

Washington automobile insurance does not have one universal class of insureds. Liability coverage may depend on ownership and permission. UIM gives named insureds and qualifying family members broader personal protection than people insured only because they occupy a covered vehicle. PIP has its own statutory insured categories, including household members, permissive users and occupants, and pedestrians struck by the insured automobile. Identify the coverage, read the complete policy, determine the person’s relationship to the named insured and vehicle, and repeat that analysis for every potentially applicable policy.

← Guide 03: Finding Every Insurance Policy

Guide 05: Uninsured & Underinsured Motorist Coverage →

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