reglab/housing_qa huggingface dataset:
WA Rev Code § 48.15.015 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.015 - Rules.

RCW 48.15.015 Rules.The commissioner may adopt rules to implement and administer this chapter.[ 2009 c 162 § 12.]NOTES:Effective date—2009 c 162: See note following RCW 48.03.020.
WA Rev Code § 48.15.020 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.020 - Solicitation by unauthorized insurer prohibited—Personal liability.

RCW 48.15.020 Solicitation by unauthorized insurer prohibited—Personal liability.(1) An insurer that is not authorized by the commissioner may not solicit insurance business in this state or transact insurance business in this state, except as provided in this chapter.(2)(a) A person may not, in this state, represent an unauthorized insurer except as provided in this chapter. This subsection does not apply to any adjuster or attorney-at-law representing an unauthorized insurer from time to time in this state in his or her professional capacity.(b) A person, other than a duly licensed surplus line broker acting in good faith under his or her license, who makes a contract of insurance in this state, directly or indirectly, on behalf of an unauthorized insurer, without complying with the provisions of this chapter, is personally liable for the performance of such contract.(3) Each violation of subsection (2) of this section constitutes a separate offense punishable by a fine of not more than twenty-five thousand dollars, and the commissioner, at the commissioner's discretion, may order replacement of policies improperly placed with an unauthorized insurer with policies issued by an authorized insurer. Violations may result in suspension or revocation of a license.[ 2003 c 250 § 2; 1992 c 149 § 1; 1983 1st ex.s. c 32 § 3; 1980 c 102 § 2; 1947 c 79 § .15.02; Rem. Supp. 1947 § 45.15.02.]NOTES:Severability—2003 c 250: See note following RCW 48.01.080.
WA Rev Code § 48.15.023 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.023 - Unauthorized activities—Acts committed in this state—Sanctions.

RCW 48.15.023 Unauthorized activities—Acts committed in this state—Sanctions.(1) As used in this section, "person" has the same meaning as in RCW 48.01.070.(2) For the purpose of this section, an act is committed in this state if it is committed, in whole or in part, in the state of Washington, or affects persons or property within the state and relates to or involves an insurance contract.(3) Any person who knowingly violates RCW 48.15.020(1) is guilty of a class B felony punishable under chapter 9A.20 RCW.(4) Any criminal penalty imposed under this section is in addition to, and not in lieu of, any other civil or administrative penalty or sanction otherwise authorized under state law.(5)(a) If the commissioner has cause to believe that any person has violated the provisions of RCW 48.15.020(1), the commissioner may:(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080; and/or(ii) Assess a civil penalty of not more than twenty-five thousand dollars for each violation, after providing notice and an opportunity for a hearing in accordance with chapters 34.05 and 48.04 RCW.(b) Upon failure to pay a civil penalty when due, the attorney general may bring a civil action on behalf of the commissioner to recover the unpaid penalty. Any amounts collected by the commissioner must be paid to the state treasurer for the account of the general fund.[ 2003 c 250 § 3.]NOTES:Severability—2003 c 250: See note following RCW 48.01.080.
WA Rev Code § 48.15.025 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.025 - Application of other chapters to surplus line brokers.

RCW 48.15.025 Application of other chapters to surplus line brokers.(1) A surplus line broker shall not engage in any act prohibited by RCW 48.05.465(2), 48.43.335(2), and chapter 48.30 RCW.(2) A surplus line broker is entitled to the immunities granted under RCW 48.43.105 and 48.50.070.(3) The rights and prohibitions applicable to insurance producers contained in RCW 48.30.260, 48.30.270, and 48.62.121 also apply to surplus line brokers.(4) The exemption for taxes and fees in RCW 48.62.151 does not apply to surplus line brokers.[ 2009 c 162 § 8.]NOTES:Effective date—2009 c 162: See note following RCW 48.03.020.
WA Rev Code § 48.15.030 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.030 - Validity of contracts illegally effectuated.

RCW 48.15.030 Validity of contracts illegally effectuated.A contract of insurance effectuated by an unauthorized insurer in violation of the provisions of this code shall be voidable except at the instance of the insurer.[1947 c 79 § .15.03; Rem. Supp. 1947 § 45.15.03.]
WA Rev Code § 48.15.039 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.039 - National database—Surplus line brokers.

RCW 48.15.039 National database—Surplus line brokers.When a national insurance producer database of the national association of insurance commissioners, or other equivalent uniform national database, for the licensure of surplus line brokers is created, the commissioner may participate in the database.[ 2011 c 31 § 4.]NOTES:Effective date—2011 c 31: See note following RCW 48.15.010.
WA Rev Code § 48.15.040 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.040 - "Surplus line" coverage.

RCW 48.15.040 "Surplus line" coverage.If certain insurance coverages cannot be procured from authorized insurers, such coverages, hereinafter designated as "surplus lines," may be procured from unauthorized insurers subject to the following conditions:(1) The insurance must be procured through a licensed surplus line broker under this chapter. If the insurance is property and casualty insurance, except industrial insurance under Title 51 RCW, then the insurance must be procured under the laws and rules of the insured's home state.(2) The insurance must not be procurable, after diligent effort has been made to do so from among a majority of the insurers authorized to transact that kind of insurance in this state.(3) Coverage shall not be procured from an unauthorized insurer for the purpose of securing a lower premium rate than would be accepted by any authorized insurer nor to secure any other competitive advantage.(4) The commissioner may by regulation establish the degree of effort required to comply with subsections (2) and (3) of this section.(5) At the time of procuring the insurance the surplus line broker must certify to the accuracy of the facts supporting the surplus line broker's diligent effort required in subsections (2) and (3) of this section.(a) The certification must set forth the facts supporting the surplus line broker's diligent effort.(b) The certification must state that under the penalty of suspension or revocation of the surplus line broker's license the facts contained in the certification are true and correct.(c) The certification may be in electronic, digital, or another format as designated by the commissioner.(d) The certification must be filed with the commissioner within sixty days after the insurance is procured.[ 2011 c 31 § 3; (2011 c 31 § 2 expired December 31, 2016); (2010 c 230 § 17 expired December 31, 2016); 1983 1st ex.s. c 32 § 4; 1947 c 79 § .15.04; Rem. Supp. 1947 § 45.15.04.]NOTES:Effective date—2011 c 31 § 3: "Section 3 of this act takes effect December 31, 2016." [ 2011 c 31 § 11.]Expiration date—2011 c 31 § 2: "Section 2 of this act expires December 31, 2016." [ 2011 c 31 § 10.]Effective date—2011 c 31: See note following RCW 48.15.010.
WA Rev Code § 48.15.043 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.043 - Diligent effort requirement—Exempt commercial purchaser.

RCW 48.15.043 Diligent effort requirement—Exempt commercial purchaser.A surplus line broker seeking to procure from or place insurance with an unauthorized insurer for an exempt commercial purchaser is not required to satisfy the diligent effort requirement set forth in RCW 48.15.040 when:(1) The surplus line broker or referring insurance producer procuring or placing the surplus line insurance has disclosed to the exempt commercial purchaser that such insurance may or may not be available from the admitted market that may provide greater protection with more regulatory oversight; and(2) The exempt commercial purchaser has subsequently requested in writing the surplus line broker or referring insurance producer to procure or place such insurance from an unauthorized insurer.(3) Records of the surplus line broker's satisfaction of the requirements of this section must be maintained in compliance with RCW 48.15.100.[ 2011 c 31 § 5.]NOTES:Effective date—2011 c 31: See note following RCW 48.15.010.
WA Rev Code § 48.15.050 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.050 - Endorsement of contract.

RCW 48.15.050 Endorsement of contract.Every insurance contract procured and delivered as a surplus line coverage pursuant to this chapter must have stamped upon it and be initialed by or bear the name of the surplus line broker who procured it, the following:"This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW."[ 2015 c 132 § 1; 1947 c 79 § .15.05; Rem. Supp. 1947 § 45.15.05.]
WA Rev Code § 48.15.060 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.060 - Validity of contracts.

RCW 48.15.060 Validity of contracts.Insurance contracts procured as surplus line coverage from unauthorized insurers in accordance with this chapter shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect as like contracts issued by authorized insurers.[1947 c 79 § .15.06; Rem. Supp. 1947 § 45.15.06.]
WA Rev Code § 48.15.073 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.073 - Nonresident surplus line brokers—Licensing—Reciprocity—Service of process.

RCW 48.15.073 Nonresident surplus line brokers—Licensing—Reciprocity—Service of process.(1) The commissioner may license a nonresident person as a surplus line broker who is not a resident of this state if the person's resident state issues nonresident surplus line broker licenses to residents of this state on the same basis.(2) A nonresident that holds a surplus line broker's license, or the equivalent, in the applicant's home state, and that license is in good standing is deemed qualified and meets the minimum standards of this state for licensing as a nonresident surplus line broker.(3) Once a person has been issued a nonresident surplus line broker's license by the commissioner, the licensee must fulfill all the same responsibilities as a resident surplus line broker, except for bonding, and is subject to the (a) commissioner's supervision as though resident in this state and (b) rules adopted under this chapter.(4) A nonresident surplus line broker's license expires if not timely renewed. A nonresident surplus line broker's license is valid for the time period established by the commissioner unless suspended or revoked at an earlier date. The request and fee for the renewal of the license is the same as the renewal and fee requirements for a resident surplus line broker licensed under RCW 48.15.070.(5) Each licensed nonresident surplus line broker, by application for and issuance of a license, is deemed to have appointed the commissioner as the surplus line broker's attorney to receive service of legal process issued against the surplus line broker in this state upon causes of action arising within this state. Service upon the commissioner as attorney constitutes effective legal service upon the surplus line broker.(a) The appointment of the commissioner as attorney is irrevocable, binds any successor in interest or to the assets or liabilities of the surplus line broker, and remains in effect for as long as there could be any cause of action against the surplus line broker arising out of the surplus line broker's insurance transactions in this state.(b) Service of legal process must be accomplished and processed in the manner prescribed in RCW 48.02.200.[ 2017 c 49 § 2; 2010 c 18 § 2; 2009 c 162 § 4; 2001 c 91 § 1.]NOTES:Effective date—2017 c 49: See note following RCW 48.15.070.Effective date—2010 c 18: See note following RCW 48.15.070.Effective date—2009 c 162: See note following RCW 48.03.020.
WA Rev Code § 48.15.080 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.080 - Licensed surplus line broker may accept business.

RCW 48.15.080 Licensed surplus line broker may accept business.A licensed surplus line broker may accept and place surplus line business for any insurance producer licensed in this state for the kind of insurance involved, and may compensate that insurance producer therefor.[ 2008 c 217 § 9; 1947 c 79 § .15.08; Rem. Supp. 1947 § 45.15.08.]NOTES:Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
WA Rev Code § 48.15.085 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.085 - Liability of insurer assuming direct risk.

RCW 48.15.085 Liability of insurer assuming direct risk.(1) If pursuant to the surplus lines provisions of this chapter an insurer has assumed direct risk under a coverage and the premium therefor has been paid to the broker who placed such insurance, the insurer shall be liable to the insured for unearned premiums payable upon cancellation of the insurance, whether or not the broker is indebted to the insurer for such premium or otherwise. This provision shall not affect rights as between the insurer and the broker.(2) Each such insurer shall be deemed to have subjected itself to this section by acceptance of such direct risk.[ 1959 c 225 § 5.]
WA Rev Code § 48.15.090 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.090 - Solvent insurer required—Rules.

RCW 48.15.090 Solvent insurer required—Rules.(1) A surplus line broker must not knowingly place surplus line insurance with insurers unsound financially. The surplus line broker must ascertain the financial condition of the unauthorized insurer, and maintain written evidence thereof, before placing insurance therewith. The surplus line broker may only so insure with:(a)(i) Any foreign insurer:(A) That is authorized to write the kind of insurance in its domiciliary jurisdiction; and(B) Has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction which equals the greater of:(I) The minimum capital and surplus requirements under the laws of this state; or(II) Fifteen million dollars.(ii) The requirements of (a)(i)(B) of this subsection may be satisfied by an insurer's possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the commissioner. The finding must be based upon factors such as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. The commissioner is prohibited from making an affirmative finding of acceptability when the foreign insurer's capital and surplus is less than four million five hundred thousand dollars; or(b) Any alien insurer that is listed on the quarterly listing of alien insurers maintained by the international insurers department of the national association of insurance commissioners.(2) The commissioner may, by rule, prescribe the terms under which the foregoing financial requirements may be waived in circumstances where insurance cannot be otherwise procured on risks located in this state.(3) For any violation of this section the surplus line broker may be fined not less than one hundred dollars or more than five thousand dollars, and in addition to or in lieu thereof the surplus line broker's license may be revoked, suspended, or nonrenewed.[ 2011 c 31 § 6; 1997 c 89 § 1; 1994 c 86 § 2; 1991 sp.s. c 5 § 2; 1980 c 102 § 4; 1975 1st ex.s. c 266 § 6; 1969 ex.s. c 241 § 10; 1955 c 303 § 5; 1947 c 79 § .15.09; Rem. Supp. 1947 § 45.15.09.]NOTES:Effective date—2011 c 31: See note following RCW 48.15.010.Effective date—1997 c 89: "This act takes effect June 1, 1998." [ 1997 c 89 § 2.]Effective date—1994 c 86: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 23, 1994]." [ 1994 c 86 § 3.]Effective date—1991 sp.s. c 5: See note following RCW 48.05.340.Severability—1975 1st ex.s. c 266: See note following RCW 48.01.010.
WA Rev Code § 48.15.100 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.100 - Record of surplus line broker.

RCW 48.15.100 Record of surplus line broker.(1) Each licensed surplus line broker shall keep a full and true record of each surplus line contract procured by him or her including a copy of the daily report, if any, showing such of the following items as may be applicable:(a) Amount of the insurance;(b) Gross premiums charged;(c) Return premium paid, if any;(d) Rate of premium charged upon the several items of property;(e) Effective date of the contract, and the terms thereof;(f) Name and address of the insurer;(g) Name and address of the insured;(h) Brief general description of property insured and where located;(i) Other information as may be required by the commissioner.(2) All such records as to any particular transaction shall be kept available and open to the inspection of the commissioner at any business time during the five years next following the date of completion of such transaction.(3) For the purpose of ascertaining its condition, or compliance with this title, the commissioner may as often as he or she deems advisable, examine the accounts, records, documents, and transactions of any surplus line broker as set forth in chapter 48.03 RCW.[ 2009 c 162 § 5; 1955 c 303 § 6; 1947 c 79 § .15.10; Rem. Supp. 1947 § 45.15.10.]NOTES:Effective date—2009 c 162: See note following RCW 48.03.020.
WA Rev Code § 48.15.103 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.103 - Use of business name—Place of business—Duties of surplus line broker.

RCW 48.15.103 Use of business name—Place of business—Duties of surplus line broker.(1) A surplus line broker doing business under any name other than the surplus line broker's legal name is required to register the name in accordance with chapter 19.80 RCW and notify the commissioner before using the assumed name.(2) Every licensed surplus line broker shall have and maintain in this state, or, if a nonresident surplus line broker, in this state or in the state of the licensee's domicile, a place of business accessible to the public. The place of business is where the surplus line broker principally conducts transactions under that person's license. A licensee maintaining more than one place of business in this state shall obtain a duplicate license or licenses for each additional place, and shall pay the full fee therefor.(3) Any notice, order, or written communication from the commissioner to a person licensed under this chapter which directly affects the person's license shall be sent by mail to the person's last address of record with the commissioner.(4) The license or licenses of each surplus line broker shall be displayed in a conspicuous place in that part of the place of business which is customarily open to the public.(5) If a surplus line broker is dealing directly with the insured in any capacity, the surplus line broker must comply with the disclosure requirements contained in RCW 48.17.270.(6) Every surplus line broker or other person licensed under this chapter shall promptly reply in writing to an inquiry of the commissioner relative to the business of insurance. A timely response is one that is received by the commissioner within fifteen business days from receipt of the inquiry. Failure to make a timely response constitutes a violation of this section.(7) A surplus line broker shall report to the commissioner any administrative action taken against the surplus line broker in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report must include a copy of the order, consent to order, or other relevant legal documents.(8) Within thirty days of the initial pretrial hearing date, a surplus line broker shall report to the commissioner any criminal prosecution of the surplus line broker taken in any jurisdiction. The report must include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.[ 2009 c 162 § 6.]NOTES:Effective date—2009 c 162: See note following RCW 48.03.020.
WA Rev Code § 48.15.110 (2021)
2021 Revised Code of Washington|Title 48 - Insurance|Chapter 48.15 - Unauthorized Insurers.|48.15.110 - Broker's annual statement.

RCW 48.15.110 Broker's annual statement.(1) Each surplus line broker must on or before the first day of March of each year file with the commissioner a verified statement of all surplus line insurance transacted by him or her during the preceding calendar year.(2) The statement must be in a form and format as prescribed by the commissioner and must show:(a) Aggregate of net premiums; and(b) Additional information as required by the commissioner.(3) This section does not apply to property and casualty insurance procured by the surplus line broker when the insured's home state is a state other than this state.[ 2011 c 31 § 7; 2009 c 549 § 7058; 1955 c 303 § 7; 1947 c 79 § .15.11; Rem. Supp. 1947 § 45.15.11.]NOTES:Effective date—2011 c 31: See note following RCW 48.15.010.