Is an insurance policy void for failing to comply with a regulatory requirement?

MultiRegion, United States of America

The following excerpt is from Fleming v. Monumental Life Ins. Co., 154 F.3d 1001 (9th Cir. 1998):

Under Washington law, however, an insurance policy is not necessarily void for failure to follow a regulatory requirement. See Hennessy v. Vanderhoef, 1 Wash.App. 257, 262, 461 P.2d 581, 584 (1969) ("a contract which violates a statutory regulation of business is not void unless made so by the terms of the act") (internal quotation marks and citation omitted); Wash. Rev.Code 48.18.510 (1998) (an insurance policy that is otherwise valid, containing a condition not in compliance with the insurance code, shall not

Page 1009

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