RCW 48.92.010 Purpose. The purpose of this chapter is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986. [ 1993 c 462 § 91; 1987 c 306 § 1.] NOTES: Severability—Implementation—1993 c 462: See […]
RCW 48.92.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise: (1) “Commissioner” means the insurance commissioner of Washington state or the commissioner, director, or superintendent of insurance in any other state. (2) “Completed operations liability” means liability arising out of the installation, maintenance, or […]
RCW 48.92.030 Requirements for chartering. (1) A risk retention group seeking to be chartered in this state must be chartered and licensed as a liability insurance company authorized by the insurance laws of this state and, except as provided elsewhere in this chapter, must comply with all of the laws, rules, regulations, and requirements applicable […]
RCW 48.92.040 Required acts—Prohibited practices. Risk retention groups chartered and licensed in states other than this state and seeking to do business as a risk retention group in this state shall comply with the laws of this state as follows: (1) Before offering insurance in this state, a risk retention group shall submit to the […]
RCW 48.92.050 Insolvency guaranty fund, participation prohibited—Joint underwriting associations, participation required. (1) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any […]
RCW 48.92.060 Countersigning not required. A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned. [ 1987 c 306 § 6.]
RCW 48.92.070 Purchasing groups—Exempt from certain laws. A purchasing group and its insurer or insurers are subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that: (1) Prohibits the establishment of a […]
RCW 48.92.080 Purchasing groups—Notice and registration. (1) A purchasing group which intends to do business in this state shall furnish, before doing business, notice to the commissioner, on forms prescribed by the National Association of Insurance Commissioners which shall: (a) Identify the state in which the group is domiciled; (b) Identify all other states in […]
RCW 48.92.090 Purchasing groups—Dealing with foreign insurers—Deductible or self-insured retention—Aggregate limits. (1) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed […]
RCW 48.92.095 Premium taxes—Imposition—Obligations—Member’s liability. Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing groups must be: (1) Imposed at the same rate and subject to the same interest, fines, and penalties as those applicable to premium […]
RCW 48.92.100 Authority of commissioner. The commissioner is authorized to make use of any of the powers established under Title 48 RCW to enforce the laws of this state so long as those powers are not specifically preempted by the federal Product Liability Risk Retention Act of 1981, as amended by the federal Risk Retention […]
RCW 48.92.110 Penalties. A risk retention group which violates any provision of this chapter shall be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license and/or the right to do business in this state. [ 1987 c 306 § 11.]
RCW 48.92.120 Soliciting, negotiating, or procuring liability insurance—License required. (1) A person may not act or aid in any manner in soliciting, negotiating, or procuring liability insurance in this state from a risk retention group unless the person is licensed as an insurance producer for casualty insurance in accordance with chapter 48.17 RCW and pays […]
RCW 48.92.130 Federal injunctions. An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating, in any state or in all states or in any territory or possession of the United States, upon a finding that the group is in a hazardous financial […]
RCW 48.92.140 Rules. The commissioner may establish and from time to time amend the rules relating to risk retention or purchasing groups as may be necessary or desirable to carry out the provisions of this chapter. [ 1993 c 462 § 103; 1987 c 306 § 14.] NOTES: Severability—Implementation—1993 c 462: See RCW 48.31B.901 and […]
