Title 48 — Title 48 INSURANCE
101 chapters · 2,134 sections in this title.
RCW 48.31.010 Merger or consolidation.
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(1) Subject to the provisions of RCW 48.08.080, relating to the mutualization of stock insurers, RCW 48.09.350, relating to the conversion or reinsurance of mutual insurers, and RCW 48.10.330, relating to the consolidation or conversion of reciprocal insurers, a domestic insurer …
RCW 48.31.020 Definitions—Insurer, exceeded its powers, consent.
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(1) For the purposes of this chapter, other than as to RCW 48.31.010, and in addition to persons included under RCW 48.99.010, the term "insurer" shall be deemed to include an insurer authorized under chapter 48.05 RCW, an insurer or institution holding a certificate of exemption…
RCW 48.31.021 Insurer—Self-funded multiple employer welfare arrangement.
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A self-funded multiple employer welfare arrangement, as defined in RCW 48.125.010, is an insurer under this chapter.[ 2004 c 260 s 20.]Notes:Effective date—2004 c 260: See RCW 48.125.901.
RCW 48.31.025 Confidentiality of documents, materials, or other information—Commissioner's capacity as a receiver.
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(1) Documents, materials, or other information that the commissioner obtains under this chapter in the commissioner's capacity as a receiver as defined in RCW 48.99.010(12), are records under the jurisdiction and control of the receivership court. These records are confidential b…
RCW 48.31.030 Rehabilitation—Grounds.
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The commissioner may apply for an order directing him or her to rehabilitate a domestic insurer upon one or more of the following grounds: That the insurer(1) Is insolvent; or(2) Has refused to submit its books, records, accounts, or affairs to the reasonable examination of the c…
RCW 48.31.040 Rehabilitation—Order—Termination.
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(1) An order to rehabilitate a domestic insurer shall direct the commissioner forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessa…
RCW 48.31.045 Rehabilitation order against insurer—Insurer is party to action or proceeding—Stay the action—Statute of limitations or defense of laches.
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(1) A court in this state before which an action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety days and such additional time as…
RCW 48.31.050 Liquidation—Grounds.
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The commissioner may apply for an order directing him or her to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this state, regardless of whether or not there has been a prior order directing him or her to …
RCW 48.31.060 Liquidation—Order.
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(1) An order to liquidate the business of a domestic insurer shall direct the commissioner forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business in his or her own name as commissioner or in the nam…
RCW 48.31.070 Liquidation—Alien insurers.
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An order to liquidate the business of the United States branch of an alien insurer having trusteed assets in this state shall be in the same terms as those prescribed for domestic insurers, except that only the assets of the business of such United States branch shall be included…
RCW 48.31.080 Conservation of assets—Foreign insurers.
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The commissioner may apply for an order directing him or her to conserve the assets within this state of a foreign insurer upon any one or more of the following grounds:(1) Upon any of the grounds specified in items (1) to (9) inclusive of RCW 48.31.030 and in item (2) of RCW 48.…
RCW 48.31.090 Conservation of assets—Alien insurers.
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The commissioner may apply for an order directing him or her to conserve the assets within this state of an alien insurer upon any one or more of the following grounds:(1) Upon any of the grounds specified in items (1) to (9) inclusive of RCW 48.31.030 and in item (2) of RCW 48.3…
RCW 48.31.100 Foreign or alien insurers—Conservation, ancillary proceedings.
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(1) An order to conserve the assets of a foreign or alien insurer must direct the commissioner immediately to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court.(2) Whenever a domiciliary receiver is …
RCW 48.31.105 Conduct of proceedings—Requirement to cooperate—Definitions—Violations—Penalties.
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(1) An officer, manager, director, trustee, owner, employee, or agent of an insurer or other person with authority over or in charge of a segment of the insurer's affairs shall cooperate with the commissioner in a proceeding under this chapter or an investigation preliminary to t…
RCW 48.31.111 Commencement of delinquency proceeding by commissioner—Jurisdiction of courts.
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(1) A delinquency proceeding may not be commenced under this chapter by anyone other than the commissioner of this state, and no court has jurisdiction to entertain a proceeding commenced by another person.(2) No court of this state has jurisdiction to entertain a complaint prayi…
RCW 48.31.115 Immunity from suit and liability—Persons entitled to protection.
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(1) The persons entitled to protection under this section are:(a) The commissioner and any other receiver or administrative supervisor responsible for conducting a delinquency proceeding under this chapter, including present and former commissioners, administrative supervisors, a…
RCW 48.31.121 Court order for a formal delinquency proceeding—Commissioner may petition—Insurer may petition for hearing and review.
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(1) The commissioner may petition the court alleging, with respect to a domestic insurer:(a) That there exists a ground that would justify a court order for a formal delinquency proceeding against an insurer under this chapter;(b) That the interests of policyholders, creditors, o…
RCW 48.31.125 Order of liquidation—Termination of coverage.
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(1) All policies, including bonds and other noncancellable business, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation continue in force only until the earliest of:(a) The end of a period of thirty days from the date of…
RCW 48.31.131 Appointment of liquidator—Actions at law or equity—Statute of limitations or defense of laches.
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(1) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, an action at law or equity or in arbitration may not be brought against the insurer or liquidator, whether in this state or elsewhere, nor may such an exist…
RCW 48.31.135 Recovery from reinsurers—Not reduced by delinquency proceedings—Direct payment to insured.
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The amount recoverable by the commissioner from reinsurers may not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement except as provided in RCW 48.31.290. Payment made directly to an insured or other c…
RCW 48.31.141 Responsibility for payment of a premium—Earned or unearned premium—Violations—Penalties—Rights of party aggrieved.
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(1)(a) An insurance producer, title insurance agent, surplus line broker, premium finance company, or any other person, other than the policy owner or the insured, responsible for the payment of a premium is obligated to pay any unpaid premium for the full policy term due the ins…
RCW 48.31.145 Liquidator denies claim—Written notice—Objections of claimant—Court hearing.
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(1) When the liquidator denies a claim in whole or in part, the liquidator shall give written notice of the determination to the claimant or the claimant's attorney by first-class mail at the address shown in the proof of claim. Within sixty days from the mailing of the notice, t…
RCW 48.31.151 Creditor's claim against insurer is secured by other person—Subrogated rights—Agreements concerning distributions.
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Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and is subrogated to the rights of the creditor, whether the claim has …
RCW 48.31.155 Unclaimed funds—Liquidator's application for discharge—Deposits with the department of revenue.
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Unclaimed funds subject to distribution remaining in the liquidator's hands when he or she is ready to apply to the court for discharge, including the amount distributable to a person who is unknown or cannot be found, shall be deposited with the state department of revenue as un…
RCW 48.31.161 After termination of liquidation proceeding—Good cause to reopen proceedings.
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After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that…
RCW 48.31.165 Domiciliary receiver not appointed—Court order to liquidate—Notice—Domiciliary receiver appointed in other state.
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(1) If no domiciliary receiver has been appointed, the commissioner may apply to the court for an order directing him or her to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the grounds stated in: RCW 48.3…
RCW 48.31.171 Domiciliary liquidator—Reciprocal state—Nonreciprocal state—Commissioner's duties.
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(1) Except as to special deposits and security on secured claims under RCW 48.99.030(2), the domiciliary liquidator of an insurer domiciled in a reciprocal state is vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents' …
RCW 48.31.175 Foreign or alien insurer—Property located in this state—Commissioner's discretion.
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The commissioner in his or her sole discretion may institute proceedings under RCW 48.31.121 at the request of the commissioner or other appropriate insurance official of the domiciliary state of a foreign or alien insurer having property located in this state.[ 1993 c 462 s 72.]…
RCW 48.31.181 Liquidation proceedings—One or more reciprocal states—Distributions—Special deposit claims—Secured claims.
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(1) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state controls as to claims of residents of this and reciprocal states. Claims of residents of reciprocal states shall be given equal priority of pa…
RCW 48.31.184 Ancillary receiver in another state or foreign country—Failure to transfer assets.
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If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state assets within his or her control other than special deposits, diminished only by the expenses of the ancillary receivers…
RCW 48.31.185 Receiver's proposal to disperse assets upon liquidation—Application for approval—Contents of proposal—Notice of application.
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(1) Within one hundred twenty days of a final determination of insolvency of an insurer and order of liquidation by a court of competent jurisdiction of this state, the receiver shall make application to the court for approval of a proposal to disperse assets out of that insurer'…
RCW 48.31.190 Commencement of proceeding—Venue—Effect of appellate review.
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(1) Proceedings under this chapter involving a domestic insurer shall be commenced in the superior court for the county in which is located the insurer's home office or, at the election of the commissioner, in the superior court for Thurston county. Proceedings under this chapter…
RCW 48.31.200 Injunctions.
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(1) Upon application by the commissioner for such an order to show cause or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents, and all other persons from the transa…
RCW 48.31.210 Change of venue.
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At any time after the commencement of a proceeding under this chapter the commissioner may apply to the court for an order changing the venue of, and removing the proceeding to Thurston county, or to any other county of this state in which he or she deems that such proceeding may…
RCW 48.31.220 Deposit of moneys collected.
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The moneys collected by the commissioner in a proceeding under this chapter, shall be, from time to time, deposited in one or more state or national banks, savings banks, or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such dep…
RCW 48.31.230 Exemption from filing fees.
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The commissioner shall not be required to pay any fee to any public officer in this state for filing, recording, issuing a transcript or certificate, or authenticating any paper or instrument pertaining to the exercise by the commissioner of any of the powers or duties conferred …
RCW 48.31.240 Borrowing on pledge of assets.
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For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter the commissioner may, subject to the approval of the court, borrow money and execute, acknowledge and deliver notes or other evidences of indebtedne…
RCW 48.31.260 Liquidation—Date rights, liabilities fixed.
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The rights and liabilities of the insurer and of its creditors, policyholders, stockholders, members, subscribers, and all other persons interested in its estate shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of…
RCW 48.31.270 Voidable transfers.
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(1) Any transfer of, or lien upon, the property of an insurer which is made or created within four months prior to the granting of an order to show cause under this chapter with the intent of giving to any creditor or of enabling him or her to obtain a greater percentage of his o…
RCW 48.31.280 Priority and order of distribution of claims.
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The priority of distribution of claims from the insurer's estate is as follows: Every claim in a class must be paid in full or adequate funds retained for payment before the members of the next class receive any payment; no subclasses may be established within a class; and no cla…
RCW 48.31.290 Offsets.
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(1) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection (2) of…
RCW 48.31.300 Allowance of contingent and other claims.
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(1) No contingent claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to RCW 48.31.310, except that such claims shall be considered, if properly presented, and may be allowed to share where:(a) Such …
RCW 48.31.310 Time to file claims.
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(1) If upon the granting of an order of liquidation under this chapter or at any time thereafter during the liquidation proceeding, the insurer shall not be clearly solvent, the court shall after such notice and hearing as it deems proper, make an order declaring the insurer to b…
RCW 48.31.320 Report for assessment.
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Within three years from the date an order of rehabilitation or liquidation of a domestic mutual insurer or a domestic reciprocal insurer was filed in the office of the clerk of the court by which such order was made, the commissioner may make a report to the court setting forth(1…
RCW 48.31.330 Levy of assessment.
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(1) Upon the basis of the report provided for in RCW 48.31.320, including any amendments thereof, the court, ex parte, may levy one or more assessments against all members of such insurer who, as shown by the records of the insurer, were members (if a mutual insurer) or subscribe…
RCW 48.31.340 Order for payment of assessment.
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After levy of assessment as provided in RCW 48.31.330, upon the filing of a further detailed report by the commissioner, the court shall issue an order directing each member (if a mutual insurer) or each subscriber (if a reciprocal insurer) if he or she shall not pay the amount a…
RCW 48.31.350 Publication, transmittal of assessment order.
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The commissioner shall cause a notice of such assessment order setting forth a brief summary of the contents of such order to be:(1) Published in such manner as shall be directed by the court; and(2) Enclosed in a sealed envelope, addressed and mailed postage prepaid to each memb…
RCW 48.31.360 Judgment upon the assessment.
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(1) On the return day of the order to show cause provided for in RCW 48.31.340 if the member or subscriber does not appear and serve verified objections upon the commissioner, the court shall make an order adjudging that such member or subscriber is liable for the amount of the a…
RCW 48.31.400 Administrative supervision—Conditions—Notice and hearing.
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(1) An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time the commissioner makes a finding that:(a) The insurer's condition renders the continuance of its business financially hazardous to the public or to its insured…
RCW 48.31.405 Administrative supervision—Confidentiality.
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(1) Except as set forth in this section, proceedings, hearings, notices, correspondence, reports, records, and other information in the possession of the commissioner relating to the supervision of any insurer under this chapter are confidential and are not subject to chapter 42.…