reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.151 - Creditor's claim against insurer is secured by other person—Subrogated rights—Agreements concerning distributions.

RCW 48.31.151
Creditor's claim against insurer is secured by other person—Subrogated rights—Agreements concerning distributions.
Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and is subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he or she discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person is not entitled to a distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. The creditor shall hold any excess received by him or her in trust for the other person. The term "other person" as used in this section does not apply to a guaranty association or foreign guaranty association.
[ 1993 c 462 § 67.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.155 - Unclaimed funds—Liquidator's application for discharge—Deposits with the department of revenue.

RCW 48.31.155
Unclaimed funds—Liquidator's application for discharge—Deposits with the department of revenue.
Unclaimed funds subject to distribution remaining in the liquidator's hands when he or she is ready to apply to the court for discharge, including the amount distributable to a person who is unknown or cannot be found, shall be deposited with the state department of revenue as unclaimed funds, and shall be paid without interest to the person entitled to them or his or her legal representative upon proof satisfactory to the state department of revenue of his or her right to them. An amount on deposit not claimed within six years from the discharge of the liquidator is deemed to have been abandoned and shall be escheated without formal escheat proceedings and be deposited with the state treasurer.
[ 2007 c 80 § 12; 1993 c 462 § 68.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.161 - After termination of liquidation proceeding—Good cause to reopen proceedings.

RCW 48.31.161
After termination of liquidation proceeding—Good cause to reopen proceedings.
After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.
[ 1993 c 462 § 69.]
NOTES:
Severability—Implementation—1993 c 462: See note following RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.165 - Domiciliary receiver not appointed—Court order to liquidate—Notice—Domiciliary receiver appointed in other state.

RCW 48.31.165
Domiciliary receiver not appointed—Court order to liquidate—Notice—Domiciliary receiver appointed in other state.
(1) If no domiciliary receiver has been appointed, the commissioner may apply to the court for an order directing him or her to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the grounds stated in: RCW 48.31.030, except subsection (10) of that section; 48.31.050(2); or 48.31.080.
(2) When an order is sought under subsection (1) of this section, the court shall cause the insurer to be given thirty days' notice and time to respond, or a lesser period reasonable under the circumstances.
(3) If it appears to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with the recorder of deeds of the county in which the principal business of the company in this state is located or the county in which its principal office or place of business in this state is located, imparts the same notice as a deed or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.
(4) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under RCW 48.99.030. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under RCW 48.99.030.
(5) On the same grounds as are specified in subsection (1) of this section, the commissioner may petition an appropriate federal court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part thereof that the commissioner deems desirable for the protection of policyholders, creditors, and the public in this state.
(6) The court may order the commissioner, when he or she has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under those rules on the liquidation of insurers under this chapter that are otherwise compatible with this section.
[ 1993 c 462 § 70.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.171 - Domiciliary liquidator—Reciprocal state—Nonreciprocal state—Commissioner's duties.

RCW 48.31.171
Domiciliary liquidator—Reciprocal state—Nonreciprocal state—Commissioner's duties.
(1) Except as to special deposits and security on secured claims under RCW 48.99.030(2), the domiciliary liquidator of an insurer domiciled in a reciprocal state is vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents' balances, and all the books, accounts, and other records of the insurer located in this state. The date of vesting is the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting is the date of entry of the order directing possession to be taken. The domiciliary liquidator has the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. The domiciliary liquidator also has the right to recover all other assets of the insurer located in this state, subject to RCW 48.99.030.
(2) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state is vested by operation of law with the title to all of the property, contracts, and rights of action, and all the books, accounts, and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this state may petition for a conservation or liquidation order under RCW 48.31.100 or 48.99.030, or for an ancillary receivership under RCW 48.99.030, or after approval by the court may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.
(3) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
[ 1993 c 462 § 71.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.175 - Foreign or alien insurer—Property located in this state—Commissioner's discretion.

RCW 48.31.175
Foreign or alien insurer—Property located in this state—Commissioner's discretion.
The commissioner in his or her sole discretion may institute proceedings under RCW 48.31.121 at the request of the commissioner or other appropriate insurance official of the domiciliary state of a foreign or alien insurer having property located in this state.
[ 1993 c 462 § 72.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.181 - Liquidation proceedings—One or more reciprocal states—Distributions—Special deposit claims—Secured claims.

RCW 48.31.181
Liquidation proceedings—One or more reciprocal states—Distributions—Special deposit claims—Secured claims.
(1) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state controls as to claims of residents of this and reciprocal states. Claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where the assets are located.
(2) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in a deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(3) The owner of a secured claim against an insurer for which a liquidator has been appointed in this or another state may surrender his or her security and file his or her claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
[ 1993 c 462 § 73.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.184 - Ancillary receiver in another state or foreign country—Failure to transfer assets.

RCW 48.31.184
Ancillary receiver in another state or foreign country—Failure to transfer assets.
If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state assets within his or her control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, then the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under RCW 48.31.280(8).
[ 2003 c 248 § 12; 1993 c 462 § 74.]
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. › 48.31.190 - Commencement of proceeding—Venue—Effect of appellate review.

RCW 48.31.190
Commencement of proceeding—Venue—Effect of appellate review.
(1) Proceedings under this chapter involving a domestic insurer shall be commenced in the superior court for the county in which is located the insurer's home office or, at the election of the commissioner, in the superior court for Thurston county. Proceedings under this chapter involving other insurers shall be commenced in the superior court for Thurston county.
(2) The commissioner shall commence any such proceeding, the attorney general representing him or her, by an application to the court or to any judge thereof, for an order directing the insurer to show cause why the commissioner should not have the relief prayed for.
(3) Upon a showing of an emergency or threat of imminent loss to policyholders of the insurer the court may issue an ex parte order authorizing the commissioner immediately to take over the premises and assets of the insurer, the commissioner then to preserve the status quo, pending a hearing on the order to show cause, which shall be heard as soon as the court calendar permits in preference to other civil cases.
(4) In response to any order to show cause issued under this chapter the insurer shall have the burden of going forward with and producing evidence to show why the relief prayed for by the commissioner is not required.
(5) On the return of such order to show cause, and after a full hearing, the court shall either deny the relief sought in the application or grant the relief sought in the application together with such other relief as the nature of the case and the interest of policyholders, creditors, stockholders, members, subscribers, or the public may require.
(6) No appellate review of a superior court order, entered after a hearing, granting the commissioner's petition to rehabilitate an insurer or to carry out an insolvency proceeding under this chapter, shall stay the action of the commissioner in the discharge of his responsibilities under this chapter, pending a decision by the appellate court in the matter.
(7) In any proceeding under this chapter the commissioner and his or her deputies shall be responsible on their official bonds for the faithful performance of their duties. If the court deems it desirable for the protection of the assets, it may at any time require an additional bond from the commissioner or his or her deputies.
[ 2009 c 549 § 7127; 1993 c 462 § 82; 1988 c 202 § 46; 1969 ex.s. c 241 § 13; 1967 c 150 § 31; 1947 c 79 § .31.19; Rem. Supp. 1947 § 45.31.19.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.200 - Injunctions.

RCW 48.31.200
Injunctions.
(1) Upon application by the commissioner for such an order to show cause or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents, and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court.
(2) The court may at any time during a proceeding under this chapter issue such other injunctions or orders as may be deemed necessary to prevent interference with the commissioner or the proceeding, or waste of the assets of the insurer, or the commencement or prosecution of any actions, or the obtaining of preferences, judgments, attachments or other liens, or the making of any levy against the insurer or against its assets or any part thereof.
[1947 c 79 § .31.20; Rem. Supp. 1947 § 45.31.20.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.210 - Change of venue.

RCW 48.31.210
Change of venue.
At any time after the commencement of a proceeding under this chapter the commissioner may apply to the court for an order changing the venue of, and removing the proceeding to Thurston county, or to any other county of this state in which he or she deems that such proceeding may be most economically and efficiently conducted.
[ 2009 c 549 § 7128; 1947 c 79 § .31.21; Rem. Supp. 1947 § 45.31.21.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.220 - Deposit of moneys collected.

RCW 48.31.220
Deposit of moneys collected.
The moneys collected by the commissioner in a proceeding under this chapter, shall be, from time to time, deposited in one or more state or national banks, savings banks, or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary which is an institution organized and supervised under the laws of this state, such deposits shall be entitled to priority of payment on an equality with any other priority given by the banking law of this state. The commissioner may in his or her discretion deposit such moneys or any part thereof in a national bank or trust company as a trust fund.
[ 2009 c 549 § 7129; 1947 c 79 § .31.22; Rem. Supp. 1947 § 45.31.22.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.230 - Exemption from filing fees.

RCW 48.31.230
Exemption from filing fees.
The commissioner shall not be required to pay any fee to any public officer in this state for filing, recording, issuing a transcript or certificate, or authenticating any paper or instrument pertaining to the exercise by the commissioner of any of the powers or duties conferred upon him or her under this chapter, whether or not such paper or instrument be executed by the commissioner or his or her deputies, employees, or attorneys of record and whether or not it is connected with the commencement of an action or proceeding by or against the commissioner, or with the subsequent conduct of such action or proceeding.
[ 2009 c 549 § 7130; 1947 c 79 § .31.23; Rem. Supp. 1947 § 45.31.23.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.240 - Borrowing on pledge of assets.

RCW 48.31.240
Borrowing on pledge of assets.
For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter the commissioner may, subject to the approval of the court, borrow money and execute, acknowledge and deliver notes or other evidences of indebtedness therefor and secure the repayment of the same by the mortgage, pledge, assignment, transfer in trust, or hypothecation of any or all of the property whether real, personal or mixed of such insurer, and the commissioner, subject to the approval of the court, shall have power to take any and all other action necessary and proper to consummate any such loans and to provide for the repayment thereof. The commissioner shall be under no obligation personally or in his or her official capacity as commissioner to repay any loan made pursuant to this section.
[ 2009 c 549 § 7131; 1947 c 79 § .31.24; Rem. Supp. 1947 § 45.31.24.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.260 - Liquidation—Date rights, liabilities fixed.

RCW 48.31.260
Liquidation—Date rights, liabilities fixed.
The rights and liabilities of the insurer and of its creditors, policyholders, stockholders, members, subscribers, and all other persons interested in its estate shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which made the order, subject to the provisions of RCW 48.31.300 with respect to the rights of claimants holding contingent claims and RCW 48.31.280 with respect to the priority and order of distributions of claims.
[ 2001 c 40 § 2; 1947 c 79 § .31.26; Rem. Supp. 1947 § 45.31.26.]
NOTES:
Application—Severability—2001 c 40: See notes following RCW 48.31.280.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.270 - Voidable transfers.

RCW 48.31.270
Voidable transfers.
(1) Any transfer of, or lien upon, the property of an insurer which is made or created within four months prior to the granting of an order to show cause under this chapter with the intent of giving to any creditor or of enabling him or her to obtain a greater percentage of his or her debt than any other creditor of the same class and which is accepted by such creditor having reasonable cause to believe that such a preference will occur, shall be voidable.
(2) Every director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of such insurer who shall be concerned in any such act or deed and every person receiving thereby any property of such insurer or the benefit thereof shall be personally liable therefor and shall be bound to account to the commissioner.
(3) The commissioner as liquidator, rehabilitator or conservator in any proceeding under this chapter, may avoid any transfer of, or lien upon the property of an insurer which any creditor, stockholder, subscriber or member of such insurer might have avoided and may recover the property so transferred unless such person was a bona fide holder for value prior to the date of the granting of an order to show cause under this chapter. Such property or its value may be recovered from anyone who has received it except a bona fide holder for value as above specified.
[ 2009 c 549 § 7132; 1947 c 79 § .31.27; Rem. Supp. 1947 § 45.31.27.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.290 - Offsets.

RCW 48.31.290
Offsets.
(1) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection (2) of this section.
(2) No offset shall be allowed in favor of any such person where (a) the obligation of the insurer to such person would not at the date of the entry of any liquidation order, or otherwise, as provided in RCW 48.31.260, entitle him or her to share as a claimant in the assets of the insurer, or (b) the obligation of the insurer to such person was purchased by or transferred to such person with a view of its being used as an offset, or (c) the obligation of such person is to pay an assessment levied against the members of a mutual insurer, or against the subscribers of a reciprocal insurer, or is to pay a balance upon a subscription to the capital stock of a stock insurer.
[ 2009 c 549 § 7133; 1947 c 79 § .31.29; Rem. Supp. 1947 § 45.31.29.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.300 - Allowance of contingent and other claims.

RCW 48.31.300
Allowance of contingent and other claims.
(1) No contingent claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to RCW 48.31.310, except that such claims shall be considered, if properly presented, and may be allowed to share where:
(a) Such claim becomes absolute against the insurer on or before the last day fixed for filing of proofs of claim against the assets of such insurer, or
(b) There is a surplus and the liquidation is thereafter conducted upon the basis that such insurer is solvent.
(2) Where an insurer has been so adjudicated to be insolvent any person who has a cause of action against an insured of such insurer under a liability insurance policy issued by such insurer, shall have the right to file a claim in the liquidation proceeding, regardless of the fact that such claim may be contingent, and such claim may be allowed
(a) If it may be reasonably inferred from the proof presented upon such claim that such person would be able to obtain a judgment upon such cause of action against such insured; and
(b) If such person shall furnish suitable proof, unless the court for good cause shown shall otherwise direct, that no further valid claims against such insurer arising out of his or her cause of action other than those already presented can be made; and
(c) If the total liability of such insurer to all claimants arising out of the same act of its insured shall be no greater than its maximum liability would be were it not in liquidation.
No judgment against such an insured taken after the date of the entry of the liquidation order shall be considered in the liquidation proceedings as evidence of liability, or of the amount of damages, and no judgment against an insured taken by default, inquest or by collusion prior to the entry of the liquidation order shall be considered as conclusive evidence in the liquidation proceeding either of the liability of such insured to such person upon such cause of action or of the amount of damages to which such person is therein entitled.
(3) No claim of any secured claimant shall be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation or such other date set by the court for fixation of rights and liabilities as provided in RCW 48.31.260 unless the claimant shall surrender his or her security to the commissioner in which event the claim shall be allowed in the full amount for which it is valued.
(4) Whether or not the third party files a claim, the insured may file a claim on his or her own behalf in the liquidation.
(5) No claim may be presented under this section if it is or may be covered by a guaranty association or foreign guaranty association.
[ 1993 c 462 § 84; 1947 c 79 § .31.30; Rem. Supp. 1947 § 45.31.30.]
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. › 48.31.310 - Time to file claims.

RCW 48.31.310
Time to file claims.
(1) If upon the granting of an order of liquidation under this chapter or at any time thereafter during the liquidation proceeding, the insurer shall not be clearly solvent, the court shall after such notice and hearing as it deems proper, make an order declaring the insurer to be insolvent. Thereupon, regardless of any prior notice which may have been given to creditors, the commissioner shall notify all persons who may have claims against such insurer and who have not filed proper proofs thereof, to present the same to him or her, at a place specified in such notice, within four months from the date of the entry of such order, or if the commissioner shall certify that it is necessary, within such longer time as the court shall prescribe. The last day for the filing of proofs of claim shall be specified in the notice. Such notice shall be given in a manner determined by the court.
(2) Proofs of claim may be filed subsequent to the date specified, but no such claim shall share in the distribution of the assets until all allowed claims, proofs of which have been filed before said date, have been paid in full with interest.
[ 2009 c 549 § 7134; 1947 c 79 § .31.31; Rem. Supp. 1947 § 45.31.31.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.320 - Report for assessment.

RCW 48.31.320
Report for assessment.
Within three years from the date an order of rehabilitation or liquidation of a domestic mutual insurer or a domestic reciprocal insurer was filed in the office of the clerk of the court by which such order was made, the commissioner may make a report to the court setting forth
(1) the reasonable value of the assets of the insurer;
(2) the insurer's probable liabilities; and
(3) the probable necessary assessment, if any, to pay all claims and expenses in full, including expenses of administration.
[1947 c 79 § .31.32; Rem. Supp. 1947 § 45.31.32.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.330 - Levy of assessment.

RCW 48.31.330
Levy of assessment.
(1) Upon the basis of the report provided for in RCW 48.31.320, including any amendments thereof, the court, ex parte, may levy one or more assessments against all members of such insurer who, as shown by the records of the insurer, were members (if a mutual insurer) or subscribers (if a reciprocal insurer) at any time within one year prior to the date of issuance of the order to show cause under RCW 48.31.190.
(2) Such assessment or assessments shall cover the excess of the probable liabilities over the reasonable value of the assets, together with the estimated cost of collection and percentage of uncollectibility thereof. The total of all assessments against any member or subscriber with respect to any policy, whether levied pursuant to this chapter or pursuant to any other provisions of this code, shall be for no greater amount than that specified in the policy or policies of the member or subscriber and as limited under this code; except that if the court finds that the policy was issued at a rate of premium below the minimum rate lawfully permitted for the risk insured, the court may determine the upper limit of such assessment upon the basis of such minimum rate.
(3) No assessment shall be levied against any member or subscriber with respect to any nonassessable policy issued in accordance with this code.
[1947 c 79 § .31.33; Rem. Supp. 1947 § 45.31.33.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.340 - Order for payment of assessment.

RCW 48.31.340
Order for payment of assessment.
After levy of assessment as provided in RCW 48.31.330, upon the filing of a further detailed report by the commissioner, the court shall issue an order directing each member (if a mutual insurer) or each subscriber (if a reciprocal insurer) if he or she shall not pay the amount assessed against him or her to the commissioner on or before a day to be specified in the order, to show cause why he or she should not be held liable to pay such assessment together with costs as set forth in RCW 48.31.360 and why the commissioner should not have judgment therefor.
[ 2009 c 549 § 7135; 1947 c 79 § .31.34; Rem. Supp. 1947 § 45.31.34.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.350 - Publication, transmittal of assessment order.

RCW 48.31.350
Publication, transmittal of assessment order.
The commissioner shall cause a notice of such assessment order setting forth a brief summary of the contents of such order to be:
(1) Published in such manner as shall be directed by the court; and
(2) Enclosed in a sealed envelope, addressed and mailed postage prepaid to each member or subscriber liable thereunder at his or her last known address as it appears on the records of the insurer, at least twenty days before the return day of the order to show cause provided for in RCW 48.31.340.
[ 2009 c 549 § 7136; 1947 c 79 § .31.35; Rem. Supp. 1947 § 45.31.35.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.360 - Judgment upon the assessment.

RCW 48.31.360
Judgment upon the assessment.
(1) On the return day of the order to show cause provided for in RCW 48.31.340 if the member or subscriber does not appear and serve verified objections upon the commissioner, the court shall make an order adjudging that such member or subscriber is liable for the amount of the assessment against him or her together with ten dollars costs, and that the commissioner may have judgment against the member or subscriber therefor.
(2) If on such return day the member or subscriber shall appear and serve verified objections upon the commissioner there shall be a full hearing before the court or a referee to hear and determine, who, after such hearing, shall make an order either negativing the liability of the member or subscriber to pay the assessment or affirming his or her liability to pay the whole or some part thereof together with twenty-five dollars costs and the necessary disbursements incurred at such hearing, and directing that the commissioner in the latter case may have judgment therefor.
(3) A judgment upon any such order shall have the same force and effect, and may be entered and docketed, and may be appealed from as if it were a judgment in an original action brought in the court in which the proceeding is pending.
[ 2009 c 549 § 7137; 1947 c 79 § .31.36; Rem. Supp. 1947 § 45.31.36.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.400 - Administrative supervision—Conditions—Notice and hearing.

RCW 48.31.400
Administrative supervision—Conditions—Notice and hearing.
(1) An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time the commissioner makes a finding that:
(a) The insurer's condition renders the continuance of its business financially hazardous to the public or to its insureds consistent with this title or any rules adopted by the commissioner;
(b) The insurer has or appears to have exceeded its powers granted under its certificate of authority and this title or any rules adopted by the commissioner;
(c) The insurer has failed to comply with the applicable provisions of Title 48 RCW or rules adopted by the commissioner such that its condition has or will render the continuance of its business financially hazardous to the public or to its insureds;
(d) The business of the insurer is being conducted fraudulently; or
(e) The insurer gives its consent.
(2) If the commissioner determines that the conditions set forth in subsection (1) of this section exist, the commissioner shall:
(a) Notify the insurer of his or her determination;
(b) Furnish to the insurer a written list of the requirements to abate this determination; and
(c) Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating the provisions of this chapter. Action by the commissioner shall be subject to review pursuant to chapters 48.04 and 34.05 RCW.
(3) If placed under administrative supervision, the insurer has sixty days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner subject to the provisions of this chapter.
(4) If it is determined after notice and hearing that the conditions giving rise to the administrative supervision still exist at the end of the supervision period under subsection (3) of this section, the commissioner may extend the period.
(5) If it is determined that none of the conditions giving rise to the administrative supervision exist, or that the insurer has remedied the conditions that gave rise to the supervision, the commissioner shall release the insurer from supervision.
[ 2005 c 432 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.405 - Administrative supervision—Confidentiality.

RCW 48.31.405
Administrative supervision—Confidentiality.
(1) Except as set forth in this section, proceedings, hearings, notices, correspondence, reports, records, and other information in the possession of the commissioner relating to the supervision of any insurer under this chapter are confidential and are not subject to chapter 42.56 RCW, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action, except as provided by this section. However, the commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's official duties.
(2) The employees of the commissioner have access to these proceedings, hearings, notices, correspondence, reports, records, or information as permitted by the commissioner. Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner is permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (1) of this section.
(3) The commissioner may share the notices, correspondence, reports, records, or information with other state, federal, and international regulatory agencies, with the national association of insurance commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, if the commissioner determines that the disclosure is necessary or proper for the enforcement of the laws of this or another state of the United States, and provided that the recipient agrees to maintain the confidentiality of the documents, material, or other information. No waiver of any applicable privilege or claim of confidentiality may occur as a result of the sharing of documents, materials, or other information under this subsection.
(4) The commissioner may open the proceedings or hearings or make public the notices, correspondence, reports, records, or other information if the commissioner deems that it is in the best interest of the public or in the best interest of the insurer or its insureds, creditors, or the general public. However, the determination of whether to disclose any confidential information at the public proceedings or hearings is subject to applicable law.
(5) This section does not apply to hearings, notices, correspondence, reports, records, or other information obtained upon the appointment of a receiver for the insurer by a court of competent jurisdiction.
[ 2006 c 209 § 5; 2005 c 432 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.410 - Administrative supervision—Standards and procedures—Limitations on insurer.

RCW 48.31.410
Administrative supervision—Standards and procedures—Limitations on insurer.
During the period of administrative supervision, the commissioner or the commissioner's designated appointee shall serve as the administrative supervisor. The commissioner shall establish standards and procedures that maintain reasonable and customary claims practices and otherwise provide for the orderly continuation of the insurer's operations and business. Considering these standards and procedures, the commissioner may provide that the insurer may not do any of the following things during the period of supervision, without the prior approval of the commissioner or the appointed administrative supervisor:
(1) Dispose of, convey, or encumber any of its assets or its business in force;
(2) Withdraw any of its bank accounts;
(3) Lend any of its funds;
(4) Invest any of its funds;
(5) Transfer any of its property;
(6) Incur any debt, obligation, or liability;
(7) Merge or consolidate with another company;
(8) Approve new premiums or renew any policies;
(9) Enter into any new reinsurance contract or treaty;
(10) Terminate, surrender, forfeit, convert, or lapse any insurance policy, certificate, or contract, except for nonpayment of premiums due;
(11) Release, pay, or refund premium deposits; accrued cash or loan values; unearned premiums; or other reserves on any insurance policy, certificate, or contract;
(12) Make any material change in management; or
(13) Increase salaries and benefits of officers or directors or the preferential payment of bonuses, dividends, or other payments deemed preferential.
[ 2005 c 432 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.415 - Administrative supervision—Insurer may contest.

RCW 48.31.415
Administrative supervision—Insurer may contest.
During the period of administrative supervision the insurer may contest an action taken, proposed to be taken, or failed to be taken by the administrative supervisor specifying the manner wherein the action being complained of would not result in improving the condition of the insurer. Denial of the insurer's request upon reconsideration entitles the insurer to request a proceeding under chapters 48.04 and 34.05 RCW.
[ 2005 c 432 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.420 - Administrative supervision—No limitation on judicial proceedings.

RCW 48.31.420
Administrative supervision—No limitation on judicial proceedings.
RCW 48.31.020, 48.31.115, 48.31.400 through 48.31.415, 48.31.425, and 48.31.435 do not preclude the commissioner from initiating judicial proceedings to place an insurer in rehabilitation or liquidation proceedings or other delinquency proceedings, however designated under the laws of this state, regardless of whether the commissioner has previously initiated administrative supervision proceedings under this chapter against the insurer.
[ 2005 c 432 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.425 - Administrative supervision—Commissioner contacts.

RCW 48.31.425
Administrative supervision—Commissioner contacts.
The commissioner may meet with the administrative supervisor appointed under this chapter and with the attorney or other representative of the administrative supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held under authority of this chapter to carry out the commissioner's duties under this chapter or for the supervisor to carry out his or her duties under this chapter.
[ 2005 c 432 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.430 - Administrative supervision—Chapters 48.04 and 34.05 RCW.

RCW 48.31.430
Administrative supervision—Chapters 48.04 and 34.05 RCW.
An action or the failure to act by the commissioner is subject to chapters 48.04 and 34.05 RCW.
[ 2005 c 432 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision. › 48.31.435 - Administrative supervision—Rules.

RCW 48.31.435
Administrative supervision—Rules.
The commissioner may adopt rules to implement and administer RCW 48.31.020, 48.31.115, and 48.31.400 through 48.31.425.
[ 2005 c 432 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31B - Insurer Holding Company Act. › 48.31B.037 - Commissioner may participate in a supervisory college—Purposes—Costs.

RCW 48.31B.037
Commissioner may participate in a supervisory college—Purposes—Costs.
(1) With respect to any insurer registered under RCW 48.31B.025, and in accordance with subsection (3) of this section, the commissioner has the power to participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine compliance by the insurer with this title. The powers of the commissioner with respect to supervisory colleges include, but are not limited to, the following:
(a) Initiating the establishment of a supervisory college;
(b) Clarifying the membership and participation of other supervisors in the supervisory college;
(c) Clarifying the functions of the supervisory college and the role of other regulators, including the establishment of a group-wide supervisor;
(d) Coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities, and processes for information sharing; and
(e) Establishing a crisis management plan.
(2) Each registered insurer subject to this section is liable for and must pay the reasonable expenses of the commissioner's participation in a supervisory college in accordance with subsection (3) of this section, including reasonable travel expenses. For purposes of this section, a supervisory college may be convened as either a temporary or permanent forum for communication and cooperation between the regulators charged with the supervision of the insurer or its affiliates, and the commissioner may establish a regular assessment to the insurer for the payment of these expenses.
(3) In order to assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management, and governance processes, and as part of the examination of individual insurers in accordance with RCW 48.31B.035, the commissioner may participate in a supervisory college with other regulators charged with supervision of the insurer or its affiliates, including other state, federal, and international regulatory agencies. The commissioner may enter into agreements in accordance with RCW 48.31B.038(3) providing the basis for cooperation between the commissioner and the other regulatory agencies, and the activities of the supervisory college. This section does not delegate to the supervisory college the authority of the commissioner to regulate or supervise the insurer or its affiliates within its jurisdiction.
[ 2015 c 122 § 8.]
NOTES:
Effective dates—2015 c 122: See note following RCW 48.31B.005.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31B - Insurer Holding Company Act. › 48.31B.040 - Rule making.

RCW 48.31B.040
Rule making.
The commissioner may, in accordance with the administrative procedure act, chapter 34.05 RCW, adopt rules interpreting and implementing this chapter.
[ 2015 c 122 § 10; 1993 c 462 § 9.]
NOTES:
Effective dates—2015 c 122: See note following RCW 48.31B.005.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31B - Insurer Holding Company Act. › 48.31B.055 - Violations of chapter—Impairment of financial condition—Commissioner may take possession.

RCW 48.31B.055
Violations of chapter—Impairment of financial condition—Commissioner may take possession.
Whenever it appears to the commissioner that a person has committed a violation of this chapter that so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders, or the public, the commissioner may proceed as provided in RCW 48.31.030 and 48.31.040 to take possession of the property of the domestic insurer and to conduct the business of the insurer.
[ 1993 c 462 § 12.]