reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.14 - Fees and Taxes. › 48.14.095 - Unlawful or delinquent insurers or taxpayers—Computing the tax payable—Risks, exposures, or enrolled participants only partially in state.

RCW 48.14.095
Unlawful or delinquent insurers or taxpayers—Computing the tax payable—Risks, exposures, or enrolled participants only partially in state.
(1) This section applies to any insurer or taxpayer, as defined in RCW 48.14.0201, violating or failing to comply with RCW 48.05.030(1), 48.17.060, 48.36A.290(1), 48.44.015(1), or 48.46.027(1).
(2) Except as provided in subsections (7) and (8) of this section, RCW 48.14.020, 48.14.0201, and 48.14.060 apply to insurers or taxpayers identified in subsection (1) of this section.
(3) If an insurance contract, health care services contract, or health maintenance agreement covers risks or exposures, or enrolled participants only partially in this state, the tax payable is computed on the portion of the premium that is properly allocated to a risk or exposure located in this state, or enrolled participants residing in this state.
(4) In determining the amount of taxable premiums under subsection (3) of this section, all premiums, other than premiums properly allocated or apportioned and reported as taxable premiums of another state, that are written, procured, or received in this state, or that are for a policy or contract negotiated in this state, are considered to be written on risks or property resident, situated, or to be performed in this state, or for health care services to be provided to enrolled participants residing in this state.
(5) Insurance on risks or property resident, situated, or to be performed in this state, or health coverage for the provision of health care services for residents of this state, is considered to be insurance procured, continued, renewed, or performed in this state, regardless of the location from which the application is made, the negotiations are conducted, or the premiums are remitted.
(6) Premiums on risks or exposures that are properly allocated to federal waters or international waters or under the jurisdiction of a foreign government are not taxable by this state.
(7) This section does not apply to premiums on insurance procured by a licensed surplus line broker under chapter 48.15 RCW.
(8) This section does not apply to premiums on insurance that is issued by a registered eligible captive insurer under chapter 48.201 RCW.
[ 2021 c 281 § 8; 2008 c 217 § 8; 2003 c 341 § 3.]
NOTES:
Application—2021 c 281 §§ 8-11: "Sections 8 through 11 of this act apply both retroactively and prospectively." [ 2021 c 281 § 14.]
Effective date—2021 c 281: See note following RCW 48.201.010.
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.14 - Fees and Taxes. › 48.14.100 - Foreign or alien insurers, continuing liability for taxes.

RCW 48.14.100
Foreign or alien insurers, continuing liability for taxes.
Any foreign or alien insurer authorized to do business in this state which hereafter either withdraws from the state or has its certificate of authority suspended or revoked shall continue to pay premium taxes pursuant to this chapter as to policies upon risks or property resident, situated, or to be performed in this state, which policies were issued during the time the insurer was authorized in this state.
[ 1963 c 195 § 15.]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 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.]
2023 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.]
2023 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.
2023 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.
2023 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.]
2023 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.
2023 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.
2023 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.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.120 - Premium tax—Surplus lines.

RCW 48.15.120
Premium tax—Surplus lines.
(1) On or before the first day of March of each year each surplus line broker must remit to the state treasurer through the commissioner a tax on the premiums, exclusive of sums collected to cover federal and state taxes and examination fees, on surplus line insurance subject to tax transacted by him or her during the preceding calendar year as shown by his or her annual statement filed with the commissioner, and at the same rate as is applicable to the premiums of authorized foreign insurers under this code. The tax when collected must be credited to the general fund.
(2) For property and casualty insurance other than industrial insurance under Title 51 RCW, when this state is the insured's home state:
(a) If the surplus line insurance covers risks or exposures located inside the United States, its territories, or both, the tax so payable must be computed upon the entire premium under subsection (1) of this section, without regard to whether the policy covers risks or exposures that are located in this state; and
(b) If the surplus line insurance covers risks or exposures located outside of the United States and its territories, no tax under subsection (1) of this section is due or payable for the premium properly allocable to the risks and exposures located outside the United States and its territories.
(3) For all other lines of insurance, if a surplus line policy covers risks or exposures only partially in this state, the tax so payable must be computed upon the proportion of the premium that is properly allocable to the risks or exposures located in this state.
[ 2015 c 132 § 2; 2011 c 31 § 8; 2009 c 549 § 7059; 1947 c 79 § .15.12; Rem. Supp. 1947 § 45.15.12.]
NOTES:
Application—2011 c 31 § 8: "Section 8 of this act applies to all surplus line insurance policies with an effective date on or after July 21, 2011." [ 2011 c 31 § 9.]
Effective date—2011 c 31: See note following RCW 48.15.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.130 - Penalty for default.

RCW 48.15.130
Penalty for default.
If any surplus line broker fails to file his or her annual statement, or fails to remit the tax provided by RCW 48.15.120, by the last day of the month in which the tax becomes due, the surplus line broker must pay the penalties provided in RCW 48.14.060(1). The tax may be collected by distraint, or the tax and fine may be recovered by an action instituted by the commissioner in any court of competent jurisdiction. Any fine collected by the commissioner must be paid to the state treasurer and credited to the general fund.
[ 2003 c 341 § 2; 1983 1st ex.s. c 32 § 5; 1980 c 102 § 5; 1947 c 79 § .15.13; Rem. Supp. 1947 § 45.15.13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.140 - Revocation, suspension, or failure to renew surplus line broker's license—Civil penalty.

RCW 48.15.140
Revocation, suspension, or failure to renew surplus line broker's license—Civil penalty.
(1) The commissioner may place on probation, revoke, suspend, or refuse to renew any surplus line broker's license, or may levy a civil penalty in accordance with RCW 48.17.560 or any combination of actions, for any one or more of the following causes:
(a) If the surplus line broker fails to file the licensee's annual statement or to remit the tax as required by this chapter; or
(b) If the surplus line broker fails to maintain an office in this state, or to keep the records, or to allow the commissioner to examine the licensee's records as required by this chapter; or
(c) For any of the causes for which an insurance producer's license may be revoked under chapter 48.17 RCW.
(2) The commissioner may suspend or revoke any such license whenever he or she deems suspension or revocation to be for the best interests of the people of this state.
(3) The procedures provided by this code for the suspension or revocation of insurance producers' licenses shall be applicable to suspension or revocation of a surplus line broker's license.
(4) A surplus line broker whose license has been so revoked shall not again be so licensed within one year thereafter, nor until any fines or delinquent taxes owing by the formal licensee have been paid.
[ 2009 c 162 § 7; 2008 c 217 § 10; 1980 c 102 § 6; 1947 c 79 § .15.14; Rem. Supp. 1947 § 45.15.14.]
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.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.142 - Suspension for failure to comply with support order.

RCW 48.15.142
Suspension for failure to comply with support order.
The commissioner shall immediately suspend the license or certificate of a person issued under this chapter who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the commissioner's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2009 c 162 § 10.]
NOTES:
Effective date—2009 c 162: See note following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.150 - Legal process against surplus line insurer.

RCW 48.15.150
Legal process against surplus line insurer.
(1) For any cause of action arising in this state under any contract issued as a surplus line contract under this chapter, an unauthorized insurer must be sued in the superior court of the county in which the cause of action arose.
(2) An unauthorized insurer issuing a policy under this chapter has authorized service of process against it in the manner prescribed under RCW 48.02.200. Any policy must contain a provision designating the commissioner as the person upon whom service of process may be made.
(3) The insurer has forty days from the date of the service upon the commissioner within which to plead, answer, or otherwise defend the action. Upon service of process upon the commissioner in accordance with this section, the court has jurisdiction in personam of the insurer.
[ 2011 c 47 § 9; 1979 ex.s. c 199 § 4; 1963 c 195 § 16; 1955 c 303 § 8; 1947 c 79 § .15.15; Rem. Supp. 1947 § 45.15.15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.160 - Exemptions from surplus line requirements.

RCW 48.15.160
Exemptions from surplus line requirements.
(1) The provisions of this chapter controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance, to insurance issued by a registered eligible captive insurer under chapter 48.201 RCW, or to the following insurances when so placed by licensed insurance producers of this state:
(a) Ocean marine and foreign trade insurances.
(b) Insurance on subjects located, resident, or to be performed wholly outside of this state, or on vehicles or aircraft owned and principally garaged outside this state.
(c) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in such operations.
(d) Insurance of aircraft owned or operated by manufacturers of aircraft, or of aircraft operated in schedule interstate flight, or cargo of such aircraft, or against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance or use of such aircraft.
(2) Insurance producers so placing any such insurance with an unauthorized insurer shall keep a full and true record of each such coverage in detail as required of surplus line insurance under this chapter and shall meet the requirements imposed upon a surplus line broker pursuant to RCW 48.15.090 and any regulations adopted thereunder. The record shall be preserved for not less than five years from the effective date of the insurance and shall be kept available in this state and open to the examination of the commissioner. The insurance producer shall furnish to the commissioner at the commissioner's request and on forms as designated and furnished by him or her a report of all such coverages so placed in a designated calendar year.
[ 2021 c 281 § 9; 2008 c 217 § 11; 1987 c 185 § 23; 1985 c 264 § 5; 1949 c 190 § 22; 1947 c 79 § .15.16; Rem. Supp. 1949 § 45.15.16.]
NOTES:
Application—2021 c 281 §§ 8-11: See note following RCW 48.14.095.
Effective date—2021 c 281: See note following RCW 48.201.010.
Severability—Effective date—2008 c 217: See notes following RCW 48.03.020.
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.170 - Records of insureds—Inspection.

RCW 48.15.170
Records of insureds—Inspection.
Every person for whom insurance has been placed with an unauthorized insurer pursuant to or in violation of this chapter shall, upon the commissioner's order, produce for his or her examination all policies and other documents evidencing the insurance, and shall disclose to the commissioner the amount of the gross premiums paid or agreed to be paid for the insurance. For each refusal to obey such order, such person shall be liable to a fine of not more than five hundred dollars.
[ 2009 c 549 § 7060; 1947 c 79 § .15.17; Rem. Supp. 1947 § 45.15.17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.180 - Surplus line broker's fiduciary capacity—Violations.

RCW 48.15.180
Surplus line broker's fiduciary capacity—Violations.
(1) A surplus line broker, its representative, or any person licensed under this chapter involved in the procuring or issuance of an insurance contract and who receives any funds representing premiums or return premiums which belong to or should be paid to another person as a result of or in connection with an insurance transaction is deemed to have been received in the surplus line broker's fiduciary capacity and shall:
(a) Report to the insurer the exact amount of consideration charged as premium for the contract, and the amount shall likewise be shown in the contract and in the records of the surplus line broker;
(b) Be promptly accounted for and paid to the insured, insurer, or person entitled to the funds;
(c) Be accounted for and maintained in a separate account from all other business and personal funds and not commingle or otherwise combine premiums with any other moneys, except a surplus line broker may commingle with premium funds any additional funds as the surplus line broker may deem prudent for the purpose of advancing premiums, establishing reserves for the paying of return premiums, or for any contingencies as may arise in the surplus line broker's business of receiving and transmitting premium or return premium funds.
(2) Each willful violation of this section constitutes a misdemeanor.
(3) Any surplus line broker or other person licensed under this chapter who, not being lawfully entitled thereto, diverts or appropriates funds received in a fiduciary capacity or any portion thereof to his or her own use, is guilty of theft under chapter 9A.56 RCW.
[ 2009 c 162 § 9.]
NOTES:
Effective date—2009 c 162: See note following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.15 - Unauthorized Insurers. › 48.15.185 - Determination of qualifications and competence by state—Unlawful use of questions.

RCW 48.15.185
Determination of qualifications and competence by state—Unlawful use of questions.
It is unlawful for any unauthorized person to remove, reproduce, duplicate, or distribute in any form, any question used by the state of Washington to determine the qualifications and competence of surplus line brokers required by this title to be licensed. This section does not prohibit an insurance education provider from creating and using sample test questions in courses approved by the commissioner.
Any person violating this section is subject to penalties as provided by RCW 48.01.080 and 48.15.140.
[ 2009 c 162 § 11.]
NOTES:
Effective date—2009 c 162: See note following RCW 48.03.020.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.010 - Deposits of insurers—In general.

RCW 48.16.010
Deposits of insurers—In general.
The commissioner shall accept deposits of securities or funds by insurers as follows:
(1) Deposits in amount as required to be made as prerequisite to a certificate of authority to transact insurance in this state.
(2) Deposits of domestic or alien insurers in amount as required to be made by the laws of other states as prerequisite for authority to transact insurance in such other states.
(3) Deposits in amounts as result from application of the retaliatory provision, RCW 48.14.040.
(4) Deposits in other additional amounts permitted to be made by this code.
[ 1955 c 86 § 3; 1947 c 79 § .16.01; Rem. Supp. 1947 § 45.16.01.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.020 - Deposits to be held in trust.

RCW 48.16.020
Deposits to be held in trust.
Each such deposit shall be held by the commissioner in trust for the protection of all policyholders in the United States of the insurer making it; except that deposits of alien insurers shall be so held for the security of such insurer's obligations arising out of its insurance transactions in the United States, and except as to deposits the purpose of which may be further limited pursuant to the retaliatory provision, RCW 48.14.040.
[ 1955 c 86 § 4; 1947 c 79 § .16.02; Rem. Supp. 1947 § 45.16.02.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.030 - Securities eligible for deposit.

RCW 48.16.030
Securities eligible for deposit.
All such deposits shall consist of cash funds or public obligations as specified in *RCW 48.13.040; except, that with respect to deposits held on account of registered policies heretofore issued, the commissioner may accept deposit of such other kinds of securities as are expressly required to be deposited by the terms of such policies.
[ 1955 c 86 § 5; 1947 c 79 § .16.03; Rem. Supp. 1947 § 45.16.03.]
NOTES:
*Reviser's note: RCW 48.13.040 was repealed by 2011 c 188 § 22, effective July 1, 2012.
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.050 - Commissioner's receipt—Records.

RCW 48.16.050
Commissioner's receipt—Records.
(1) The commissioner shall deliver to the insurer a receipt for all funds and securities so deposited by it.
(2) The commissioner or the designated depositary shall keep a record in permanent form of all funds and securities so deposited.
[ 1955 c 86 § 6; 1947 c 79 § .16.05; Rem. Supp. 1947 § 45.16.05.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.060 - Transfer of securities.

RCW 48.16.060
Transfer of securities.
(1) No transfer of any funds or security so held on deposit, whether voluntary or by operation of law, shall be valid unless approved in writing by the commissioner.
(2) A statement of each such transfer shall be entered on the records of the commissioner or designated depositary, showing the name of the insurer from whose deposit such transfer is made, the name of the transferee, and the par value of the securities so transferred.
[ 1955 c 86 § 7; 1947 c 79 § .16.06; Rem. Supp. 1947 § 45.16.06.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.070 - Depositaries—Designation.

RCW 48.16.070
Depositaries—Designation.
The commissioner may designate any solvent trust company or other solvent financial institution having trust powers as the commissioner's depositary to receive and hold any deposit of securities. Any deposit so held shall be at the expense of the insurer. Any solvent financial institution having trust powers, the deposits of which are insured by the Federal Deposit Insurance Corporation, may be designated as the commissioner's depositary to receive and hold any deposit of funds. All funds deposited shall be fully insured by the Federal Deposit Insurance Corporation. For purposes of this section, "solvent financial institution" means any national or state-chartered commercial bank or trust company, savings bank, or savings association, or branch or branches thereof, having trust powers located in this state and lawfully engaged in business.
[ 1998 c 25 § 1; 1985 c 264 § 6; 1955 c 86 § 8; 1947 c 79 § .16.07; Rem. Supp. 1947 § 45.16.07.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.080 - Liability for safekeeping.

RCW 48.16.080
Liability for safekeeping.
The state of Washington shall be responsible for the safekeeping and return of all funds and securities deposited pursuant to this chapter with the commissioner or in any such depositary so designated by him or her.
[ 2009 c 549 § 7061; 1955 c 86 § 9; 1947 c 79 § .16.08; Rem. Supp. 1947 § 45.16.08.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.090 - Dividends and substitutions.

RCW 48.16.090
Dividends and substitutions.
While solvent and complying with this code an insurer shall be entitled:
(1) To collect and receive interest and dividends accruing on the securities so held on deposit for its account, and
(2) From time to time exchange and substitute for any of such securities, other securities eligible for deposit and of at least equal value.
[1947 c 79 § .16.09; Rem. Supp. 1947 § 45.16.09.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.100 - Release of deposits—Generally.

RCW 48.16.100
Release of deposits—Generally.
(1) Any such required deposit shall be released in these instances only:
(a) Upon extinguishment of all liabilities of the insurer for the security of which the deposit is held, by reinsurance contract or otherwise.
(b) If any such deposit or portion thereof is no longer required under this code.
(c) If the deposit has been made pursuant to the retaliatory provision, RCW 48.14.040, it shall be released in whole or in part when no longer so required.
(d) Upon proper order of a court of competent jurisdiction the deposit shall be released to the receiver, conservator, rehabilitator, or liquidator of the insurer for whose account the deposit is held.
(2) No such release shall be made except on application to and written order of the commissioner made upon proof satisfactory to him or her of the existence of one of such grounds therefor. The commissioner shall have no personal liability for any such release of any deposit or part thereof so made by him or her in good faith.
(3) All releases of deposits or any part thereof shall be made to the person then entitled thereto upon proof of title satisfactory to the commissioner.
(4) Deposits held on account of title insurers are subject further to the provisions of chapter 48.29 RCW.
[ 2009 c 549 § 7062; 1947 c 79 § .16.10; Rem. Supp. 1947 § 45.16.10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.110 - Release of existing deposits.

RCW 48.16.110
Release of existing deposits.
Any part of any deposit of an insurer held by the commissioner which is in amount in excess of the deposit required or permitted to be made by such insurer under this code, shall, upon written order of the commissioner, be released; except, that no deposit held on account of any registered policies heretofore issued by the insurer shall be released except in accordance with the conditions under which such deposit was made.
[ 1955 c 86 § 10; 1947 c 79 § .16.11; Rem. Supp. 1947 § 45.16.11.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.120 - Voluntary excess deposits.

RCW 48.16.120
Voluntary excess deposits.
An insurer may deposit and maintain on deposit with the commissioner funds and eligible securities in amount exceeding its required deposit under this code by not more than one hundred thousand dollars, for the purpose of absorbing fluctuations in the value of securities held in its required deposit, and to facilitate the exchange and substitution of such required securities. During the solvency of the insurer any such excess deposit or any part thereof shall be released to it upon its request. During the insolvency of the insurer such excess deposit shall be released only as provided in RCW 48.16.100.
[ 1955 c 86 § 11; 1947 c 79 § .16.12; Rem. Supp. 1947 § 45.16.12.]
NOTES:
Effective date—Supervision of transfer—1955 c 86: See notes following RCW 48.05.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.16 - Deposits of Insurers. › 48.16.130 - Immunity from levy.

RCW 48.16.130
Immunity from levy.
No judgment creditor or other claimant of an insurer shall levy upon any deposit held pursuant to this chapter, or upon any part thereof.
[1947 c 79 § .16.13; Rem. Supp. 1947 § 45.16.13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.060 - License required.

RCW 48.17.060
License required.
(1) A person shall not sell, solicit, or negotiate insurance in this state for any line or lines of insurance unless the person is licensed for that line of authority in accordance with this chapter.
(2) A person may not act as or hold himself or herself out to be an adjuster in this state unless licensed by the commissioner or otherwise authorized to act as an adjuster under this chapter.
(3) A person may not act as or hold himself or herself out to be a crop adjuster in this state unless licensed by the commissioner or otherwise authorized to act as a crop adjuster under this chapter.
[ 2010 c 67 § 3; 2009 c 162 § 14; 2007 c 117 § 2; 2003 c 250 § 4; 1995 c 214 § 1; 1975 1st ex.s. c 266 § 7; 1955 c 303 § 9; 1947 c 79 § .17.06; Rem. Supp. 1947 § 45.17.06.]
NOTES:
Effective date—2010 c 67: See note following RCW 48.14.010.
Effective date—2009 c 162: See note following RCW 48.03.020.
Severability—2003 c 250: See note following RCW 48.01.080.
Severability—1975 1st ex.s. c 266: See note following RCW 48.01.010.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.063 - Unlicensed activities—Acts committed in this state—Sanctions.

RCW 48.17.063
Unlicensed activities—Acts committed in this state—Sanctions.
(1) 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, health care services contract, or health maintenance agreement.
(2) Any person who knowingly violates RCW 48.17.060 is guilty of a class B felony punishable under chapter 9A.20 RCW.
(3) 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.
(4)(a) If the commissioner has cause to believe that any person has violated the provisions of RCW 48.17.060, the commissioner may:
(i) Issue and enforce a cease and desist order in accordance with the provisions of RCW 48.02.080;
(ii) Suspend or revoke a license; and/or
(iii) 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.
[ 2007 c 117 § 4; 2003 c 250 § 5.]
NOTES:
Severability—2003 c 250: See note following RCW 48.01.080.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.17 - Insurance Producers, Title Insurance Agents, and Adjusters. › 48.17.065 - Application of chapter to insurance producers appointed by health care service contractors, health maintenance organizations, or both.

RCW 48.17.065
Application of chapter to insurance producers appointed by health care service contractors, health maintenance organizations, or both.
The provisions of this chapter shall apply to insurance producers appointed by either health care service contractors or health maintenance organizations, or both.
[ 2007 c 117 § 5; 1983 c 202 § 7.]