Revised Code of Washington - RCW Title 48 Insurance - Chapter 48.31 Mergers, Rehabilitation, Liquidation, Supervision

48.31.010 Merger or consolidation
(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 ...

48.31.020 Definitions -- Insurer, exceeded its powers, consent
(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" ...

48.31.021 Insurer -- Self-funded multiple employer welfare arrangement
A self-funded multiple employer welfare arrangement, as defined in RCW 48.125.010, is an insurer under this chapter.[2004 c 260 § 20.]Notes: Severability -- Effective date ...

48.31.030 Rehabilitation -- Grounds
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 ...

48.31.040 Rehabilitation -- Order -- Termination
(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 ...

48.31.045 Rehabilitation order against insurer -- Insurer is party to action or proceeding -- Stay the action -- Statute of limitations or defense of laches
(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 ...

48.31.050 Liquidation -- Grounds
The commissioner may apply for an order directing him to liquidate the business of a domestic insurer or of the United States branch of an ...

48.31.060 Liquidation -- Order
(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, ...

48.31.070 Liquidation -- Alien insurers
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 ...

48.31.080 Conservation of assets -- Foreign insurers
The commissioner may apply for an order directing him to conserve the assets within this state of a foreign insurer upon any one or more ...

48.31.090 Conservation of assets -- Alien insurers
The commissioner may apply for an order directing him to conserve the assets within this state of an alien insurer upon any one or more ...

48.31.100 Foreign or alien insurers -- Conservation, ancillary proceedings
(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 ...

48.31.105 Conduct of proceedings -- Requirement to cooperate -- Definitions -- Violations -- Penalties
(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 ...

48.31.111 Commencement of delinquency proceeding by commissioner -- Jurisdiction of courts
(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 ...

48.31.115 Immunity from suit and liability -- Persons entitled to protection
(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 ...

48.31.121 Court order for a formal delinquency proceeding -- Commissioner may petition -- Insurer may petition for hearing and review
(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 ...

48.31.125 Order of liquidation -- Termination of coverage
(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 ...

48.31.131 Appointment of liquidator -- Actions at law or equity -- Statute of limitations or defense of laches
(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 ...

48.31.135 Recovery from reinsurers -- Not reduced by delinquency proceedings -- Direct payment to insured
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 ...

48.31.141 Responsibility for payment of a premium -- Earned or unearned premium -- Violations -- Penalties -- Rights of party aggrieved
(1)(a) An agent, broker, premium finance company, or any other person, other than the policy owner or the insured, responsible for the payment of a ...

48.31.145 Liquidator denies claim -- Written notice -- Objections of claimant -- Court hearing
(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 ...

48.31.151 Creditor's claim against insurer is secured by other person -- Subrogated rights -- Agreements concerning distributions
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 ...

48.31.155 Unclaimed funds -- Liquidator's application for discharge -- Deposits with the department of revenue
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 ...

48.31.161 After termination of liquidation proceeding -- Good cause to reopen proceedings
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 ...

48.31.165 Domiciliary receiver not appointed -- Court order to liquidate -- Notice -- Domiciliary receiver appointed in other state
(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 ...

48.31.171 Domiciliary liquidator -- Reciprocal state -- Nonreciprocal state -- Commissioner's duties
(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 ...

48.31.175 Foreign or alien insurer -- Property located in this state -- Commissioner's discretion
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 ...

48.31.181 Liquidation proceedings -- One or more reciprocal states -- Distributions -- Special deposit claims -- Secured claims
(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 ...

48.31.184 Ancillary receiver in another state or foreign country -- Failure to transfer assets
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 ...

48.31.185 Receiver's proposal to disperse assets upon liquidation -- Application for approval -- Contents of proposal -- Notice of application
(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 ...

48.31.190 Commencement of proceeding -- Venue -- Effect of appellate review
(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 ...

48.31.200 Injunctions
(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 ...

48.31.210 Change of venue
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 ...

48.31.220 Deposit of moneys collected
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 ...

48.31.230 Exemption from filing fees
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, ...

48.31.240 Borrowing on pledge of assets
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 ...

48.31.260 Liquidation -- Date rights, liabilities fixed
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 ...

48.31.270 Voidable transfers
(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 ...

48.31.280 Priority and order of distribution of claims
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 ...

48.31.290 Offsets
(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 ...

48.31.300 Allowance of contingent and other claims
(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 ...

48.31.310 Time to file claims
(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 ...

48.31.320 Report for assessment
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 ...

48.31.330 Levy of assessment
(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 ...

48.31.340 Order for payment of assessment
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 ...

48.31.350 Publication, transmittal of assessment order
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 ...

48.31.360 Judgment upon the assessment
(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 ...

48.31.400 Administrative supervision -- Conditions -- Notice and hearing
(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 ...

48.31.405 Administrative supervision -- Confidentiality
(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 ...

48.31.410 Administrative supervision -- Standards and procedures -- Limitations on insurer
During the period of administrative supervision, the commissioner or the commissioner's designated appointee shall serve as the administrative supervisor. The commissioner shall establish standards and ...

48.31.415 Administrative supervision -- Insurer may contest
During the period of administrative supervision the insurer may contest an action taken, proposed to be taken, or failed to be taken by the administrative ...

48.31.420 Administrative supervision -- No limitation on judicial proceedings
RCW 48.31.020, 48.31.115, 48.31.400 through 48.31.415, 48.31.425, and 48.31.435 do not preclude the commissioner from initiating judicial proceedings to place an insurer in rehabilitation or ...

48.31.425 Administrative supervision -- Commissioner contacts
The commissioner may meet with the administrative supervisor appointed under this chapter and with the attorney or other representative of the administrative supervisor, without the ...

48.31.430 Administrative supervision -- Chapters 48.04 and 34.05 RCW
An action or the failure to act by the commissioner is subject to chapters 48.04 and 34.05 RCW.[2005 c 432 § 9.] ...

48.31.435 Administrative supervision -- Rules
The commissioner may adopt rules to implement and administer RCW 48.31.020, 48.31.115, and 48.31.400 through 48.31.425.[2005 c 432 § 10.] ...

48.31.900 Severability -- 2005 c 432
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...