RCW 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 insurers, and RCW 48.10.330, relating to the consolidation or conversion of reciprocal insurers, a domestic insurer may merge or consolidate with another insurer, subject to […]
RCW 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” shall be deemed to include an insurer authorized under chapter 48.05 RCW, an insurer or institution holding a certificate of exemption under RCW […]
RCW 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: 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. (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 by law […]
RCW 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 the insurer (1) Is insolvent; or (2) Has refused to submit its books, records, accounts, or affairs to the reasonable examination of the commissioner; or (3) Has […]
RCW 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 the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary as the court may direct. (2) If […]
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. (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 […]
RCW 48.31.050 Liquidation—Grounds. 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 rehabilitate […]
RCW 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, to liquidate its business, to deal with the insurer’s property and business in his or her own name as commissioner or in the name of the insurer […]
RCW 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 same terms as those prescribed for domestic insurers, except that only the assets of the business of such United States branch shall be included therein. [1947 […]
RCW 48.31.080 Conservation of assets—Foreign insurers. 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 […]
RCW 48.31.090 Conservation of assets—Alien insurers. 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 […]
RCW 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 the insurer within this state and to conserve it, subject to the further direction of the court. (2) Whenever a domiciliary receiver […]
RCW 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 of the insurer’s affairs shall cooperate with the commissioner in a proceeding under this chapter or an investigation preliminary to the proceeding. The […]
RCW 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 to entertain a proceeding commenced by another person. (2) No court of this state has jurisdiction to entertain a complaint […]
RCW 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 proceeding under this chapter, including present and former commissioners, administrative supervisors, and receivers; and (b) The commissioner’s employees, meaning all […]
RCW 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 order for a formal delinquency proceeding against an insurer under this chapter; (b) […]
RCW 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 an order of liquidation continue in force only until the earliest of: (a) The end of a period of thirty days from the […]
RCW 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 law or equity or in arbitration may not be brought against the insurer or liquidator, […]
RCW 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 reinsurance contract or other agreement except as provided in RCW 48.31.290. Payment made directly to an insured or […]
