reglab/housing_qa huggingface dataset:
WA Rev Code § 48.31.111 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.111 - Commencement of delinquency proceeding by commissioner—Jurisdiction of courts.

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 praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an insurer, or praying for an injunction or restraining order or other relief preliminary to, incidental to, or relating to the proceedings, other than in accordance with this chapter.(3) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served under the rules of civil procedure or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state:(a) If the person served is an insurance producer, title insurance agent, surplus line broker, or other person who has written policies of insurance for or has acted in any manner on behalf of an insurer against which a delinquency proceeding has been instituted, in an action resulting from or incident to such a relationship with the insurer; (b) If the person served is a reinsurer who has entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an insurance producer of or for the reinsurer, in an action on or incident to the reinsurance contract;(c) If the person served is or has been an officer, director, manager, trustee, organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in an action resulting from or incident to such a relationship with the insurer;(d) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in an action concerning the assets; or(e) If the person served is obligated to the insurer in any way, in an action on or incident to the obligation.(4) If the court on motion of a party finds that an action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.[ 2009 c 162 § 27; 2008 c 217 § 43; 2003 c 248 § 11; 1993 c 462 § 59.]NOTES:Effective date—2009 c 162: See note following RCW 48.03.020.Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.121 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.121 - Court order for a formal delinquency proceeding—Commissioner may petition—Insurer may petition for hearing and review.

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) That the interests of policyholders, creditors, or the public will be endangered by delay; and(c) The contents of an order deemed necessary by the commissioner.(2) Upon a filing under subsection (1) of this section, the court may issue forthwith, ex parte and without a hearing, the requested order that shall: Direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business; and until further order of the court enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the commissioner.(3) The court shall specify in the order what the order's duration shall be, which shall be such time as the court deems necessary for the commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold hearings it deems desirable after such notice as it deems appropriate, and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter vacates the seizure order.(4) Entry of a seizure order under this section does not constitute an anticipatory breach of a contract of the insurer.(5) An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of an order under this section for a hearing and review of the order. The court shall hold the hearing and review not more than fifteen days after the request. A hearing under this subsection may be held privately in chambers, and it must be so held if the insurer proceeded against so requests.(6) If, at any time after the issuance of an order under this section, it appears to the court that a person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given does not stay the effect of an order previously issued by the court.[ 1993 c 462 § 61.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.125 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.125 - Order of liquidation—Termination of coverage.

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 date of entry of the liquidation order;(b) The expiration of the policy coverage;(c) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;(d) The liquidator has effected a transfer of the policy obligation; or(e) The date proposed by the liquidator and approved by the court to cancel coverage.(2) An order of liquidation terminates coverages at the time specified in subsection (1) of this section for purposes of any other statute.(3) Policies of life or health insurance or annuities shall continue in force for the period and under the terms provided by an applicable guaranty association or foreign guaranty association.(4) Policies of life or health insurance or annuities or a period or coverage of the policies not covered by a guaranty association or foreign guaranty association shall terminate under subsections (1) and (2) of this section.[ 1993 c 462 § 62.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.131 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.131 - Appointment of liquidator—Actions at law or equity—Statute of limitations or defense of laches.

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, whether in this state or elsewhere, nor may such an existing action be maintained or further presented after issuance of the order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company when the injunctions are included in an order to liquidate an insurer issued under laws in other states corresponding to this subsection. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, the liquidator may intervene in the action. The liquidator may defend an action in which he or she intervenes under this section at the expense of the estate of the insurer.(2) The liquidator may institute an action or proceeding pursuant to an order of rehabilitation, within the later of two years following entry of the order or two years of the date the liquidator discovers, or in the exercise of reasonable care should have discovered, the injury from which the action or proceeding arose and its cause. However, actions against former directors, officers, and employees brought pursuant to an order of rehabilitation for the benefit or the protection of subscribers, policy beneficiaries, or the general public is subject to the limitations period of RCW 4.16.160.(3) A statute of limitation or defense of laches does not run with respect to an action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. An action against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty days after the petition is denied.(4) A guaranty association or foreign guaranty association has standing to appear in a court proceeding concerning the liquidation of an insurer if the association is or may become liable to act as a result of the liquidation.[ 2007 c 80 § 11; 1993 c 462 § 63.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.135 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.135 - Recovery from reinsurers—Not reduced by delinquency proceedings—Direct payment to insured.

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 other creditor does not diminish the reinsurer's obligation to the insurer's estate except when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation.[ 1993 c 462 § 64.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.145 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.145 - Liquidator denies claim—Written notice—Objections of claimant—Court hearing.

RCW 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 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, the claimant may file his or her objections with the liquidator. If no such a filing is made, the claimant may not further object to the determination.(2) Whenever the claimant files objections with the liquidator and the liquidator does not alter his or her denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claimant or the claimant's attorney and to other persons directly affected, not less than ten nor more than thirty days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee who shall submit findings of fact along with his or her recommendation.[ 1993 c 462 § 66.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.151 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.151 - Creditor's claim against insurer is secured by other person—Subrogated rights—Agreements concerning distributions.

RCW 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 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 been filed by the creditor or by the other person in the creditor's name, to the extent that he or she discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person is not entitled to a distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. The creditor shall hold any excess received by him or her in trust for the other person. The term "other person" as used in this section does not apply to a guaranty association or foreign guaranty association.[ 1993 c 462 § 67.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.155 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.155 - Unclaimed funds—Liquidator's application for discharge—Deposits with the department of revenue.

RCW 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 amount distributable to a person who is unknown or cannot be found, shall be deposited with the state department of revenue as unclaimed funds, and shall be paid without interest to the person entitled to them or his or her legal representative upon proof satisfactory to the state department of revenue of his or her right to them. An amount on deposit not claimed within six years from the discharge of the liquidator is deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited with the state treasurer.[ 2007 c 80 § 12; 1993 c 462 § 68.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.161 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.161 - After termination of liquidation proceeding—Good cause to reopen proceedings.

RCW 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 reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.[ 1993 c 462 § 69.]NOTES:Severability—Implementation—1993 c 462: See note following RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.165 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.165 - Domiciliary receiver not appointed—Court order to liquidate—Notice—Domiciliary receiver appointed in other state.

RCW 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 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 48.31.030, except subsection (10) of that section; 48.31.050(2); or 48.31.080.(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given thirty days' notice and time to respond, or a lesser period reasonable under the circumstances.(3) If it appears to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the recorder of deeds of the county in which the principal business of the company in this state is located or the county in which its principal office or place of business in this state is located, imparts the same notice as a deed or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.(4) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under RCW 48.99.030. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under RCW 48.99.030.(5) On the same grounds as are specified in subsection (1) of this section, the commissioner may petition an appropriate federal court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part thereof that the commissioner deems desirable for the protection of policyholders, creditors, and the public in this state.(6) The court may order the commissioner, when he or she has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under those rules on the liquidation of insurers under this chapter that are otherwise compatible with this section.[ 1993 c 462 § 70.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.171 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.171 - Domiciliary liquidator—Reciprocal state—Nonreciprocal state—Commissioner's duties.

RCW 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 is vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents' balances, and all the books, accounts, and other records of the insurer located in this state. The date of vesting is the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting is the date of entry of the order directing possession to be taken. The domiciliary liquidator has the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. The domiciliary liquidator also has the right to recover all other assets of the insurer located in this state, subject to RCW 48.99.030.(2) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state is vested by operation of law with the title to all of the property, contracts, and rights of action, and all the books, accounts, and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this state may petition for a conservation or liquidation order under RCW 48.31.100 or 48.99.030, or for an ancillary receivership under RCW 48.99.030, or after approval by the court may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.(3) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.[ 1993 c 462 § 71.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.175 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.175 - Foreign or alien insurer—Property located in this state—Commissioner's discretion.

RCW 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 of the domiciliary state of a foreign or alien insurer having property located in this state.[ 1993 c 462 § 72.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
WA Rev Code § 48.31.181 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.|48.31.181 - Liquidation proceedings—One or more reciprocal states—Distributions—Special deposit claims—Secured claims.

RCW 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 claims of residents of this and reciprocal states. Claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where the assets are located.(2) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in a deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.(3) The owner of a secured claim against an insurer for which a liquidator has been appointed in this or another state may surrender his or her security and file his or her claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.[ 1993 c 462 § 73.]NOTES:Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.