Which insurers could Washington use for state employees’ nonscheduled-flight death coverage under its 1965 law?

Plain-English summary

The Washington Attorney General concluded in 1965 that state departments could obtain the limited insurance authorized for employees and elected officials traveling on nonscheduled aircraft in the course of employment from insurers licensed to issue accidental-death coverage. The state’s policy could pay only for death, even if the insurer otherwise sold accidental death and dismemberment insurance. (Official opinion)

The statute quoted in the opinion capped coverage at one hundred thousand dollars per person. The AG read it as authorizing a specific accidental-death benefit, not broader life or disability benefits.

Currency note

This opinion was issued in 1965. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could an accidental death and dismemberment insurer issue the state policy?
Yes, if authorized to issue that type of insurance, but the state policy could provide only death benefits.

Did the 1965 statute cover injuries without death?
No. The AG said benefits under the state policy were payable only upon death.

Which flights did the opinion address?
It concerned nonscheduled aircraft flights taken by state personnel as passengers or crew members in the course of employment.

Background and statutory framework

The Department of General Administration asked which insurers could issue the coverage authorized by chapter 68, Laws of 1965, Ex. Sess. The AG distinguished the limited benefit allowed by that statute from the broader classes of insurance an authorized insurer might offer.

Citations and references

• The official opinion states: “while they are, in the course of their employment, passengers on or crew members of any nonscheduled aircraft flight”
• The official opinion states: “the state's policies may only provide benefits payable in the event of death.”

Subject

INSURANCE ‑- STATE OFFICERS AND EMPLOYEES ‑- LIMITED LIFE INSURANCE ‑- NONSCHEDULED AIRCRAFT FLIGHTS

Source

• Landing page: https://www.atg.wa.gov/ago-opinions/insurance-state-officers-and-employees-limited-life-insurance-nonscheduled-aircraft

Original opinion text

Attorney General John J. O'Connell

INSURANCE ‑- STATE OFFICERS AND EMPLOYEES ‑- LIMITED LIFE INSURANCE ‑- NONSCHEDULED AIRCRAFT FLIGHTS

The limited type of life insurance contemplated by § 1, chapter 68, Laws of 1965, providing ". . . coverage not to exceed one hundred thousand dollars per person for the benefit of state employees and state elected officials, including legislators, while they are, in the course of their employment, passengers on or crew members of any nonscheduled aircraft flight" may be secured from those insurance companies authorized to issue policies known in the insurance industry as "accidental health and/or dismemberment insurance," but the state's policies may only provide benefits payable in the event of death.

November 9, 1965

Honorable Wm. E. Schneider
Director, Department of General Administration
218 General Administration Building
Olympia, Washington

Cite as: AGO 65-66 No. 49

Dear Sir:

By letter previously acknowledged you asked the opinion of this office on a question which we paraphrase as follows:

What insurance companies are permitted to issue the type of limited life insurance authorized by chapter 68, Laws of 1965, Ex. Sess.?

We answer the question in the manner set forth in our analysis.

ANALYSIS

Section 1, chapter 68, Laws of 1965, Ex. Sess., provides as follows:

"The departments of state government are authorized to procure at state expenselife insurance coverage not to exceed one hundred thousand dollars per person for the benefit of state employees and state elected officials, [[Orig. Op. Page 2]] including legislators, while they are, in the course of their employment, passengers on or crew members of any nonscheduled aircraft flight." (Emphasis supplied.)

This statute in our opinion simply authorizes and is limited to the procurement by the state of atype of life insurance coverage which will provide the payment of benefits in the event of accidental death of state officers and employees "while they are, in the course of their employment, passengers on or crew members of any nonscheduled aircraft flight."

The policies of insurance providing accidental death benefits contemplated by the statute may be secured from companies authorized under the insurance code to issue such policies.1/ A review of the provisions of the insurance code discloses that the type of insurance authorized falls within the category of accidental death insurance, a form of disability, vehicle or general casualty insurance.2/

[[Orig. Op. Page 3]]

RCW 48.11.030 defines disability insurance as follows:

"'Disability insurance' is insurance against bodily injury, disablementor death by accident, against disablement resulting from sickness, and every insurance appertaining thereto." (Emphasis supplied.)

RCW 48.11.060 defining vehicle insurance provides in pertinent part as follows:

". . .

"(2)Insurance against accidental death or accidental injury to individuals while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if such insurance is issued as part of insurance on the vehicle, aircraft, or draft or riding animal, shall be deemed to be vehicle insurance." (Emphasis supplied.)

RCW 48.11.070 defining general casualty insurance provides in pertinent part as follows:

"'General casualty insurance' includes vehicle insurance as defined in RCW 48.11.060, . . ."

Accordingly, it is our opinion that the limited type of life insurance contemplated by § 1, chapter 68,supra, may be secured from those insurance companies authorized to issue policies known in the industry as "accidental death and/or dismemberment insurance," but the state's policies may only provide benefits payable in the event of death.

We trust the foregoing will be of assistance to you.

Very truly yours,

JOHN J. O'CONNELL
Attorney General

BASIL L. BADLEY
Assistant Attorney General

*** FOOTNOTES ***

1/In order to issue a particular type of insurance an insurer must have a certificate of authority issued by the insurance commissioner. RCW 548.05.030.

2/Insurance of this kind is known in the industry as "accidental death and/or dismemberment insurance." Policies of "life insurance," as that term is used in the insurance code, would provide broader coverage than that authorized by § 1, chapter 68, supra. RCW 48.11.020 provides:

"'Life insurance' is insurance on human lives and insurances appertaining thereto or connected therewith. For the purposes of this code the transacting of life insurance includes the granting of annuities and endowment benefits; additional benefits in event of death by accident; additional benefits in event of the total and permanent disability of the insured; and optional modes of settlement of proceeds."