reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.005 - Findings—Intent.

RCW 48.30A.005
Findings—Intent.
The legislature finds that the business of insurance is one affected by the public interest, requiring that all persons be actuated by good faith, abstain from deception, and practice honesty and equity in all insurance matters. The payment of kickbacks, bribes, or rebates for referrals to service providers, as has been occurring with increasing regularity in this state, results in inflated or fraudulent insurance claims, results in greater insurance costs for all citizens, and is contrary to the public interest. In particular, the process whereby "cappers" buy and sell insurance claims without the controls of professional licensing and discipline creates a fertile ground for illegal activity and has, in this state, resulted in frauds committed against injured claimants, insurance companies, and the public. Operations that engage in this practice have some or all of the following characteristics: Cappers, acting under an agreement or understanding that they will receive a pecuniary benefit, refer claimants with real or imaginary claims, injuries, or property damage to service providers. This sets off a chain of events that corrupts both the provision of services and casualty or property insurance for all citizens. This chain of events includes false claims for services through the use of false estimates of repair; false prescriptions of care or rehabilitative therapy; services that either do not occur or are provided by persons unqualified to provide the services; submission of false claims; submission of and demands for fraudulent costs, lost wages, pain and suffering, and the like; and other devices meant to result in false claims under casualty or property insurance policies or contracts, whether insured or self-insured, and either directly or through subrogation.
The legislature finds that combatting these practices requires laws carefully fashioned to identify practices that mimic customary business practices. The legislature does not intend this law to be used against medical and other business referral practices that are otherwise legal, customary, and unrelated to the furtherance of some or all of the corrupt practices identified in this chapter.
[ 1995 c 285 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.010 - Definitions.

RCW 48.30A.010
Definitions.
The definitions set forth in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Casualty or property insurance" includes both the insurance under which a claim is filed and insurance that receives a claim through subrogation, and means insurance as defined in RCW 48.11.040 and 48.11.070 and includes self-insurance arrangements.
(2) "Claimant" means a person who has or is believed by an actor to have an insurance claim.
(3) "Group-buying arrangement" means an arrangement made by a membership organization having one hundred or more members in which the organization asks for or receives valuable consideration in exchange for referring its members to a service provider; the consideration asked for or received will be or is used to benefit the entire organization, not just one or more individuals in positions of power or influence in the organization; and reasonable efforts are made to disclose to affected members of the organization the nature of the referral relationship, including the nature, extent, amount, and use of the consideration.
(4) "Health care services" means a service provided to a claimant for treatment of physical or mental illness or injury arising in whole or substantial part from trauma.
(5) "Insurance claim" means a claim for payment, benefits, or damages under a contract, plan, or policy of casualty or property insurance.
(6) "Legal provider" means an active member in good standing of the Washington state bar association, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law.
(7) "Service provider" means a person who directly or indirectly provides, advertises, or otherwise claims to provide services.
(8) "Services" means health care services, motor vehicle body or other motor vehicle repair, and preparing, processing, presenting, or negotiating an insurance claim.
(9) "Trauma" means a physical injury or wound caused by external force or violence.
[ 1995 c 285 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.015 - Unlawful acts—Penalties.

RCW 48.30A.015
Unlawful acts—Penalties.
(1) It is unlawful for a person:
(a) Knowing that the payment is for the referral of a claimant to a service provider, either to accept payment from a service provider or, being a service provider, to pay another; or
(b) To provide or claim or represent to have provided services to a claimant, knowing the claimant was referred in violation of (a) of this subsection.
(2) It is unlawful for a service provider to engage in a regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give, or pay all or any part of a claimant's casualty or property insurance deductible.
(3) A violation of this section constitutes trafficking in insurance claims.
(4)(a) Trafficking in insurance claims is a gross misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a class C felony.
[ 2003 c 53 § 271; 1995 c 285 § 3.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.020 - Defenses to proceedings under this chapter.

RCW 48.30A.020
Defenses to proceedings under this chapter.
In a proceeding under this chapter, it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense:
(1) The conduct alleged was authorized by the rules of professional conduct or the admission to practice rules for lawyers as adopted by the state supreme court, Washington business and professions licensing statutes, or rules adopted by the secretary of health or the director of licensing;
(2) The payment was an incidental nonmonetary gift or gratuity, or was purely social in nature;
(3) The conduct alleged was an exercise of a group-buying arrangement;
(4) The conduct alleged was a legal provider paying a service provider's bills from the proceeds of an insurance claim that included the bills;
(5) The conduct alleged was a legal provider paying for services of an expert witness, including reports, consultation, and testimony; or
(6) The conduct alleged was a service provider's purchase of advertising from an unrelated business that provides referrals from advertising for groups of ten or more service providers that are not related to the advertising business and not related to each other.
[ 1995 c 285 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.030 - Injunction available—Remedies—Costs—Attorneys' fees—Degree of proof—Time limit.

RCW 48.30A.030
Injunction available—Remedies—Costs—Attorneys' fees—Degree of proof—Time limit.
Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney's fee. The degree of proof required in an action brought under this section is a preponderance of the evidence. An action under this section must be brought within three years after the violation of this chapter occurred.
[ 1995 c 285 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.035 - Detrimental judgment—Written notification to appropriate regulatory or disciplinary body or agency.

RCW 48.30A.035
Detrimental judgment—Written notification to appropriate regulatory or disciplinary body or agency.
Whenever a service provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under RCW 48.30A.030, the attorney general or the prosecuting attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency.
[ 1995 c 285 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.040 - Violation—Cause for discipline—Unprofessional conduct—Regulatory penalty.

RCW 48.30A.040
Violation—Cause for discipline—Unprofessional conduct—Regulatory penalty.
A violation of this chapter is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this chapter is unprofessional conduct in violation of RCW 18.130.180.
[ 1995 c 285 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.045 - Insurance antifraud plan—File plan and changes with commissioner—Exemptions.

RCW 48.30A.045
Insurance antifraud plan—File plan and changes with commissioner—Exemptions.
(1) Each insurer licensed to write direct insurance in this state, except those exempted in subsection (2) of this section, shall institute and maintain an insurance antifraud plan. An insurer licensed after July 1, 1995, shall file its antifraud plan within six months of licensure. An insurer shall file any change to the antifraud plan with the insurance commissioner within thirty days after the plan has been modified.
(2) This section does not apply to:
(a) Health carriers, as defined in RCW 48.43.005;
(b) Life insurers;
(c) Title insurers;
(d) Property or casualty insurers with annual gross written medical malpractice insurance premiums in this state that exceed fifty percent of their total annual gross written premiums in this state;
(e) Credit-related insurance written in connection with a credit transaction in which the creditor is named as a beneficiary or loss payee under the policy, except vendor single-interest or collateral protection coverage as defined in RCW 48.22.110(4); or
(f) Insurers with gross written premiums of less than one thousand dollars in Washington during the reporting year.
[ 2005 c 223 § 20; 1997 c 92 § 1; 1995 c 285 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.050 - Insurance antifraud plan—Specific procedures.

RCW 48.30A.050
Insurance antifraud plan—Specific procedures.
An insurer's antifraud plan must establish specific procedures to:
(1) Prevent insurance fraud, including internal fraud involving employees or company representatives, fraud resulting from misrepresentation on applications for insurance coverage, and claims fraud;
(2) Review claims in order to detect evidence of possible insurance fraud and to investigate claims where fraud is suspected;
(3) Report fraud to appropriate law enforcement agencies and cooperate with those agencies in their prosecution of fraud cases;
(4) Undertake civil actions against persons who have engaged in fraudulent activities;
(5) Train company employees and agents in the detection and prevention of fraud.
[ 1995 c 285 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.055 - Insurance antifraud plan—Review—Disapproval—Notice—Audit to ensure compliance.

RCW 48.30A.055
Insurance antifraud plan—Review—Disapproval—Notice—Audit to ensure compliance.
If after review of an insurer's antifraud plan, the commissioner finds that the plan does not comply with RCW 48.30A.050, the commissioner may disapprove the antifraud plan. Notice of disapproval must include a statement of the specific reasons for disapproval. The insurer shall refile a plan disapproved by the commissioner within sixty days of the date of the notice of disapproval. The commissioner may audit insurers to ensure compliance with antifraud plans.
[ 1995 c 285 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.060 - Insurance antifraud plan—Actions taken by insurer—Report—Not public records.

RCW 48.30A.060
Insurance antifraud plan—Actions taken by insurer—Report—Not public records.
By March 31st of each year, each insurer shall provide to the insurance commissioner a summary report on actions taken under its antifraud plan to prevent and combat insurance fraud. The report must also include, but not be limited to, measures taken to protect and ensure the integrity of electronic data processing-generated data and manually compiled data, statistical data on the amount of resources committed to combatting fraud, and the amount of fraud identified and recovered during the reporting period. The antifraud plans and summary of the insurer's antifraud activities are not public records and are exempt from chapter 42.56 RCW, are proprietary, are not subject to public examination, and are not discoverable or admissible in civil litigation.
[ 2005 c 274 § 312; 2005 c 223 § 21; 1995 c 285 § 12.]
NOTES:
Reviser's note: This section was amended by 2005 c 223 § 21 and by 2005 c 274 § 312, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.065 - Insurance antifraud plan or summary report—Failure to file or exercise good faith—Penalty—Failure to follow plan—Civil penalty.

RCW 48.30A.065
Insurance antifraud plan or summary report—Failure to file or exercise good faith—Penalty—Failure to follow plan—Civil penalty.
An insurer that fails to file a timely antifraud plan or summary report or that fails to make a good faith attempt to file an antifraud plan that complies with RCW 48.30A.050 or a summary report that complies with RCW 48.30A.060, is subject to the penalty provisions of RCW 48.01.080, but no penalty may be imposed for the first filing made by an insurer under this chapter. An insurer that fails to follow the antifraud plan is subject to a civil penalty not to exceed ten thousand dollars for each violation, at the discretion of the commissioner after consideration of all relevant factors, including the willfulness of the violation.
[ 2005 c 223 § 22; 1995 c 285 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.070 - Duty to investigate, enforce, and prosecute violations.

RCW 48.30A.070
Duty to investigate, enforce, and prosecute violations.
It is the duty of all peace officers, law enforcement officers, and law enforcement agencies within this state to investigate, enforce, and prosecute all violations of this chapter.
[ 1995 c 285 § 14.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.30A - Insurance Fraud. › 48.30A.900 - Effective date—1995 c 285.

RCW 48.30A.900
Effective date—1995 c 285.
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 July 1, 1995.
[ 1995 c 285 § 39.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.010 - Merger or consolidation.

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 the following conditions:
(a) The plan of merger or consolidation must be submitted to and be approved by the commissioner in advance of the merger or consolidation.
(b) The commissioner shall not approve any such plan unless, after a hearing, pursuant to such notice as the commissioner may require, he or she finds that it is fair, equitable, consistent with law, and that no reasonable objection exists. If the commissioner fails to approve the plan, he or she shall state his or her reasons for such failure in his or her order made on such hearing. The insurers involved in the merger shall bear the expense of the mailing of the notice of hearing and of the order on hearing.
(c) No director, officer, member, or subscriber of any such insurer, except as is expressly provided by the plan of merger or consolidation, shall receive any fee, commission, other compensation or valuable consideration whatsoever, for in any manner aiding, promoting or assisting in the merger or consolidation.
(d) Any merger or consolidation as to an incorporated domestic insurer shall in other respects be governed by the general laws of this state relating to business corporations. Except, that as to domestic mutual insurers, approval by two-thirds of its members who vote thereon pursuant to such notice and procedure as was approved by the commissioner shall constitute approval of the merger or consolidation as respects the insurer's members.
(2) Reinsurance of all or substantially all of the insurance in force of a domestic insurer by another insurer shall be deemed a consolidation for the purposes of this section.
[ 2009 c 549 § 7122; 1973 1st ex.s. c 107 § 3; 1961 c 194 § 11; 1947 c 79 § .31.01; Rem. Supp. 1947 § 45.31.01.]
NOTES:
Severability—1973 1st ex.s. c 107: See note following RCW 48.17.540.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.020 - Definitions—Insurer, exceeded its powers, consent.

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 48.38.010, a health care service contractor registered under chapter 48.44 RCW, and a health maintenance organization registered under chapter 48.46 RCW, as well as all persons engaged as, or purporting to be engaged as insurers, institutions issuing charitable gift annuities, health care service contractors, or health maintenance organizations in this state, and to persons in process of organization to become insurers, institutions issuing charitable gift annuities, health care service contractors, or health maintenance organizations.
(2) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.
(a) "Exceeded its powers" means the following conditions:
(i) The insurer has refused to permit examination of its books, papers, accounts, records, or affairs by the commissioner, his or her deputies, employees, or duly commissioned examiners as required by this title or any rules adopted by the commissioner;
(ii) A domestic insurer has unlawfully removed from this state books, papers, accounts, or records necessary for an examination of the insurer;
(iii) The insurer has failed to promptly comply with the filing of any applicable financial reports as required by this title or any rules adopted by the commissioner;
(iv) The insurer has neglected or refused to observe a lawful order of the commissioner to comply, within the time prescribed by law, with any prohibited deficiency in its applicable capital, capital stock, or surplus;
(v) The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner;
(vi) The insurer, by contract or otherwise, has unlawfully or has in violation of an order of the commissioner or with respect to a transaction to which the insurer has without first having obtained written approval of the commissioner if approval is required by law:
(A) Totally reinsured its entire outstanding business; or
(B) Merged or consolidated substantially its entire property or business with another insurer; or
(vii) The insurer engaged in any transaction in which it is not authorized to engage under this title or any rules adopted by the commissioner.
(b) "Consent" means agreement to administrative supervision by the insurer.
[ 2005 c 432 § 1; 1998 c 284 § 8; 1989 c 151 § 1; 1947 c 79 § .31.02; Rem. Supp. 1947 § 45.31.02.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.021 - Insurer—Self-funded multiple employer welfare arrangement.

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.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.040 - Rehabilitation—Order—Termination.

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 at any time the commissioner deems that further efforts to rehabilitate the insurer would be useless, he or she may apply to the court for an order of liquidation.
(3) The commissioner, or any interested person upon due notice to the commissioner, at any time may apply for an order terminating the rehabilitation proceeding and permitting the insurer to resume possession of its property and the conduct of its business, but no such order shall be granted except when, after a full hearing, the court has determined that the purposes of the proceedings have been fully accomplished.
(4) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the commissioner and his or her successors in office as the rehabilitator, and shall direct the rehabilitator to immediately take possession of the assets of the insurer, and to administer them under the general supervision of the court. The filing or recording of the order with the recorder of deeds of the county in this state in which the principal business of the company is conducted, or the county in this state in which the company's principal office or place of business 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. The order to rehabilitate the insurer by operation of law vests title to all assets of the insurer in the rehabilitator.
(5) An order issued under this section requires accountings to the court by the rehabilitator. Accountings must be done at such intervals as the court specifies in its order, but no less frequently than semiannually.
(6) Entry of an order of rehabilitation does not constitute an anticipatory breach of contracts of the insurer nor may it be grounds for retroactive revocation or retroactive cancellation of contracts of the insurer, unless the revocation or cancellation is done by the rehabilitator.
[ 1993 c 462 § 76; 1947 c 79 § .31.04; Rem. Supp. 1947 § 45.31.04.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.045 - Rehabilitation order against insurer—Insurer is party to action or proceeding—Stay the action—Statute of limitations or defense of laches.

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 is entered shall stay the action or proceeding for ninety days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he or she deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.
(2) A statute of limitations or defense of laches does not run with respect to an action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that 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 order of rehabilitation is entered or the petition is denied. The rehabilitator 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 rehabilitator 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 guaranty association or foreign guaranty association covering life or health insurance or annuities has standing to appear in a court proceeding concerning the rehabilitation of a life or health insurer if the association is or may become liable to act as a result of the rehabilitation.
[ 2007 c 80 § 10; 1993 c 462 § 77.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.050 - Liquidation—Grounds.

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 such insurer, upon any of the grounds specified in RCW 48.31.030 or upon any one or more of the following grounds: That the insurer
(1) Has ceased transacting business for a period of one year; or
(2) Is an insolvent insurer and has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute any action or proceeding to liquidate its business or affairs, or to dissolve its corporate charter, or to procure the appointment of a receiver, trustee, custodian, or sequestrator under any law except this code; or
(3) Has not organized or completed its organization and obtained a certificate of authority as an insurer prior to the expiration or revocation of its solicitation permit.
[ 2009 c 549 § 7123; 1947 c 79 § .31.05; Rem. Supp. 1947 § 45.31.05.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.060 - Liquidation—Order.

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 as the court may direct, to give notice to all creditors who may have claims against the insurer to present such claims.
(2) The commissioner may apply under this chapter for an order dissolving the corporate existence of a domestic insurer:
(a) Upon his or her application for an order of liquidation of such insurer, or at any time after such order has been granted; or
(b) Upon the grounds specified in item (3) of RCW 48.31.050, regardless of whether an order of liquidation is sought or has been obtained.
[ 2009 c 549 § 7124; 1947 c 79 § .31.06; Rem. Supp. 1947 § 45.31.06.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.070 - Liquidation—Alien insurers.

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 c 79 § .31.07; Rem. Supp. 1947 § 45.31.07.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.080 - Conservation of assets—Foreign insurers.

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 item (2) of RCW 48.31.050.
(2) That its property has been sequestrated in its domiciliary sovereignty or in any other sovereignty.
[ 2009 c 549 § 7125; 1947 c 79 § .31.08; Rem. Supp. 1947 § 45.31.08.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.090 - Conservation of assets—Alien insurers.

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 item (2) of RCW 48.31.050; or
(2) That the insurer has failed to comply, within the time designated by the commissioner, with an order of the commissioner pursuant to law to make good an impairment of its trusteed funds; or
(3) That the property of the insurer has been sequestrated in its domiciliary sovereignty or elsewhere.
[ 2009 c 549 § 7126; 1947 c 79 § .31.09; Rem. Supp. 1947 § 45.31.09.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.100 - Foreign or alien insurers—Conservation, ancillary proceedings.

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 is appointed for a foreign or alien insurer in its domiciliary state that is also a reciprocal state, as defined in RCW 48.99.010, the court shall on application of the commissioner appoint the commissioner as the ancillary receiver in this state, subject to the provisions of the uniform insurers liquidation act.
[ 2005 c 223 § 23; 1947 c 79 § .31.10; Rem. Supp. 1947 § 45.31.10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.105 - Conduct of proceedings—Requirement to cooperate—Definitions—Violations—Penalties.

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 term "person" as used in this section includes a person who exercises control directly or indirectly over activities of the insurer through a holding company or other affiliate of the insurer. "To cooperate" as used in this section includes the following:
(a) To reply promptly in writing to an inquiry from the commissioner requesting such a reply; and
(b) To make available to the commissioner books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his or her possession, custody, or control.
(2) A person may not obstruct or interfere with the commissioner in the conduct of a delinquency proceeding or an investigation preliminary or incidental thereto.
(3) This section does not abridge existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders.
(4) A person included within subsection (1) of this section who fails to cooperate with the commissioner, or a person who obstructs or interferes with the commissioner in the conduct of a delinquency proceeding or an investigation preliminary or incidental thereto, or who violates an order the commissioner issued validly under this chapter may:
(a) Be guilty of a gross misdemeanor and sentenced to pay a fine not exceeding ten thousand dollars or to undergo imprisonment for a term of not more than three hundred sixty-four days, or both; or
(b) After a hearing, be subject to the imposition by the commissioner of a civil penalty not to exceed ten thousand dollars and be subject further to the revocation or suspension of insurance licenses issued by the commissioner.
[ 2011 c 96 § 38; 2003 c 53 § 272; 1993 c 462 § 58.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.