Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.15.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Affiliate" means, with respect to an insured, any entity that controls, is controlled by, or is under common control with the insured.(2) "Affiliated group" means any …
RCW 48.15.015 Rules.
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The commissioner may adopt rules to implement and administer this chapter.[ 2009 c 162 s 12.]Notes:Effective date—2009 c 162: See note following RCW 48.03.020.
RCW 48.15.020 Solicitation by unauthorized insurer prohibited—Personal liability.
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(1) An insurer that is not authorized by the commissioner may not solicit insurance business in this state or transact insurance business in this state, except as provided in this chapter.(2)(a) A person may not, in this state, represent an unauthorized insurer except as provided…
RCW 48.15.023 Unauthorized activities—Acts committed in this state—Sanctions.
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(1) As used in this section, "person" has the same meaning as in RCW 48.01.070.(2) For the purpose of this section, an act is committed in this state if it is committed, in whole or in part, in the state of Washington, or affects persons or property within the state and relates t…
RCW 48.15.025 Application of other chapters to surplus line brokers.
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(1) A surplus line broker shall not engage in any act prohibited by RCW 48.05.465(2), 48.43.335(2), and chapter 48.30 RCW.(2) A surplus line broker is entitled to the immunities granted under RCW 48.43.105 and 48.50.070.(3) The rights and prohibitions applicable to insurance prod…
RCW 48.15.030 Validity of contracts illegally effectuated.
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A contract of insurance effectuated by an unauthorized insurer in violation of the provisions of this code shall be voidable except at the instance of the insurer.[1947 c 79 s .15.03; Rem. Supp. 1947 s 45.15.03.]
RCW 48.15.039 National database—Surplus line brokers.
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When a national insurance producer database of the national association of insurance commissioners, or other equivalent uniform national database, for the licensure of surplus line brokers is created, the commissioner may participate in the database.[ 2011 c 31 s 4.]Notes:Effecti…
RCW 48.15.040 "Surplus line" coverage.
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If certain insurance coverages cannot be procured from authorized insurers, such coverages, hereinafter designated as "surplus lines," may be procured from unauthorized insurers subject to the following conditions:(1) The insurance must be procured through a licensed surplus line…
RCW 48.15.043 Diligent effort requirement—Exempt commercial purchaser.
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A surplus line broker seeking to procure from or place insurance with an unauthorized insurer for an exempt commercial purchaser is not required to satisfy the diligent effort requirement set forth in RCW 48.15.040 when:(1) The surplus line broker or referring insurance producer …
RCW 48.15.050 Endorsement of contract.
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Every insurance contract procured and delivered as a surplus line coverage pursuant to this chapter must have stamped upon it and be initialed by or bear the name of the surplus line broker who procured it, the following:"This contract is registered and delivered as a surplus lin…
RCW 48.15.060 Validity of contracts.
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Insurance contracts procured as surplus line coverage from unauthorized insurers in accordance with this chapter shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect as like contracts issued by autho…
RCW 48.15.070 Surplus line brokers—Licensing—Bond—Renewal.
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Any individual while a resident of this state, or any firm, corporation, or other business entity that has in its employ a qualified individual who is a resident of this state and who is authorized to exercise the powers of the firm or corporation, deemed by the commissioner to b…
RCW 48.15.073 Nonresident surplus line brokers—Licensing—Reciprocity—Service of process.
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(1) The commissioner may license a nonresident person as a surplus line broker who is not a resident of this state if the person's resident state issues nonresident surplus line broker licenses to residents of this state on the same basis.(2) A nonresident that holds a surplus li…
RCW 48.15.080 Licensed surplus line broker may accept business.
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A licensed surplus line broker may accept and place surplus line business for any insurance producer licensed in this state for the kind of insurance involved, and may compensate that insurance producer therefor.[ 2008 c 217 s 9; 1947 c 79 s .15.08; Rem. Supp. 1947 s 45.15.08.]No…
RCW 48.15.085 Liability of insurer assuming direct risk.
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(1) If pursuant to the surplus lines provisions of this chapter an insurer has assumed direct risk under a coverage and the premium therefor has been paid to the broker who placed such insurance, the insurer shall be liable to the insured for unearned premiums payable upon cancel…
RCW 48.15.090 Solvent insurer required—Rules.
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(1) A surplus line broker must not knowingly place surplus line insurance with insurers unsound financially. The surplus line broker must ascertain the financial condition of the unauthorized insurer, and maintain written evidence thereof, before placing insurance therewith. The …
RCW 48.15.100 Record of surplus line broker.
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(1) Each licensed surplus line broker shall keep a full and true record of each surplus line contract procured by him or her including a copy of the daily report, if any, showing such of the following items as may be applicable:(a) Amount of the insurance;(b) Gross premiums charg…
RCW 48.15.103 Use of business name—Place of business—Duties of surplus line broker.
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(1) A surplus line broker doing business under any name other than the surplus line broker's legal name is required to register the name in accordance with chapter 19.80 RCW and notify the commissioner before using the assumed name.(2) Every licensed surplus line broker shall hav…
RCW 48.15.110 Broker's annual statement.
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(1) Each surplus line broker must on or before the first day of March of each year file with the commissioner a verified statement of all surplus line insurance transacted by him or her during the preceding calendar year.(2) The statement must be in a form and format as prescribe…
RCW 48.15.120 Premium tax—Surplus lines.
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(1) On or before the first day of March of each year each surplus line broker must remit to the state treasurer through the commissioner a tax on the premiums, exclusive of sums collected to cover federal and state taxes and examination fees, on surplus line insurance subject to …
RCW 48.15.130 Penalty for default.
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If any surplus line broker fails to file his or her annual statement, or fails to remit the tax provided by RCW 48.15.120, by the last day of the month in which the tax becomes due, the surplus line broker must pay the penalties provided in RCW 48.14.060(1). The tax may be collec…
RCW 48.15.140 Revocation, suspension, or failure to renew surplus line broker's license—Civil penalty.
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(1) The commissioner may place on probation, revoke, suspend, or refuse to renew any surplus line broker's license, or may levy a civil penalty in accordance with RCW 48.17.560 or any combination of actions, for any one or more of the following causes:(a) If the surplus line brok…
RCW 48.15.142 Suspension for failure to comply with support order.
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The commissioner shall immediately suspend the license or certificate of a person issued under this chapter who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person h…
RCW 48.15.150 Legal process against surplus line insurer.
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(1) For any cause of action arising in this state under any contract issued as a surplus line contract under this chapter, an unauthorized insurer must be sued in the superior court of the county in which the cause of action arose.(2) An unauthorized insurer issuing a policy unde…
RCW 48.15.160 Exemptions from surplus line requirements.
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(1) The provisions of this chapter controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance, to insurance issued by a registered eligible captive insurer under chapter 48.201 RCW, or to the following insurances when so placed by licensed insu…
RCW 48.15.170 Records of insureds—Inspection.
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Every person for whom insurance has been placed with an unauthorized insurer pursuant to or in violation of this chapter shall, upon the commissioner's order, produce for his or her examination all policies and other documents evidencing the insurance, and shall disclose to the c…
RCW 48.15.180 Surplus line broker's fiduciary capacity—Violations.
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(1) A surplus line broker, its representative, or any person licensed under this chapter involved in the procuring or issuance of an insurance contract and who receives any funds representing premiums or return premiums which belong to or should be paid to another person as a res…
RCW 48.15.185 Determination of qualifications and competence by state—Unlawful use of questions.
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It is unlawful for any unauthorized person to remove, reproduce, duplicate, or distribute in any form, any question used by the state of Washington to determine the qualifications and competence of surplus line brokers required by this title to be licensed. This section does not …