reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31B - Insurer Holding Company Act. › 48.31B.060 - Order for liquidation or rehabilitation—Recovery of distributions or payments—Personal liability—Maximum amount recoverable.

RCW 48.31B.060
Order for liquidation or rehabilitation—Recovery of distributions or payments—Personal liability—Maximum amount recoverable.
(1) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under the order may recover on behalf of the insurer: (a) From a parent corporation or holding company or person or affiliate who otherwise controlled the insurer, the amount of distributions, other than distributions of shares of the same class of stock, paid by the insurer on its capital stock; or (b) a payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment made by the insurer or its subsidiary to a director, officer, or employee, where the distribution or payment under (a) or (b) of this subsection is made at any time during the one year before the petition for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations of subsections (2), (3), and (4) of this section.
(2) No such distribution is recoverable if it is shown that when paid, the distribution was lawful and reasonable, and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.
(3) A person who was a parent corporation or holding company or a person who otherwise controlled the insurer or affiliate when the distributions were paid is liable up to the amount of distributions or payments under subsection (1) of this section the person received. A person who controlled the insurer at the time the distributions were declared is liable up to the amount of distributions he or she would have received if they had been paid immediately. If two or more persons are liable with respect to the same distributions, they are jointly and severally liable.
(4) The maximum amount recoverable under this section is the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse any guaranty funds.
(5) To the extent that a person liable under subsection (3) of this section is insolvent or otherwise fails to pay claims due from it under those provisions, its parent corporation or holding company or person who otherwise controlled it at the time the distribution was paid, is jointly and severally liable for a resulting deficiency in the amount recovered from the parent corporation or holding company or person who otherwise controlled it.
[ 1993 c 462 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31B - Insurer Holding Company Act. › 48.31B.065 - Violations of chapter—Contrary to interests of policyholders or the public—Suspension, revocation, or nonrenewal of license.

RCW 48.31B.065
Violations of chapter—Contrary to interests of policyholders or the public—Suspension, revocation, or nonrenewal of license.
Whenever it appears to the commissioner that a person has committed a violation of this chapter that makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke, or refuse to renew the insurer's license or authority to do business in this state for such period as he or she finds is required for the protection of policyholders or the public. Such a determination must be accompanied by specific findings of fact and conclusions of law.
[ 1993 c 462 § 14.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31B - Insurer Holding Company Act. › 48.31B.070 - Person aggrieved by actions of commissioner.

RCW 48.31B.070
Person aggrieved by actions of commissioner.
(1) A person aggrieved by an act, determination, rule, order, or any other action of the commissioner under this chapter may proceed in accordance with the administrative procedure act, chapter 34.05 RCW.
(2) A person aggrieved by a failure of the commissioner to act or make a determination required by this chapter may petition the commissioner under the procedure described in the administrative procedure act, chapter 34.05 RCW.
[ 2015 c 122 § 12; 1993 c 462 § 15.]
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.901 - Severability—1993 c 462.

RCW 48.31B.901
Severability—1993 c 462.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1993 c 462 § 112.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.31B - Insurer Holding Company Act. › 48.31B.902 - Implementation—1993 c 462.

RCW 48.31B.902
Implementation—1993 c 462.
The insurance commissioner may take such steps as are necessary to ensure that this act is implemented on July 25, 1993.
[ 1993 c 462 § 106.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.010 - Purpose.

RCW 48.32.010
Purpose.
The purpose of this chapter is to provide a mechanism for the payment of covered claims to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders under certain policies of insurance covered by the scope of this chapter because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers.
[ 2005 c 100 § 1; 1971 ex.s. c 265 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.020 - Scope.

RCW 48.32.020
Scope.
This chapter applies to all kinds of direct insurance, except life, title, surety, disability, credit, mortgage guaranty, workers' compensation, and ocean marine. Workers' compensation as used in this section does not include longshore and harbor workers' compensation act insurance.
[ 2005 c 100 § 2; 1987 c 185 § 29; 1975-'76 2nd ex.s. c 109 § 2; 1971 ex.s. c 265 § 2.]
NOTES:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.040 - Creation of the association—Required accounts.

RCW 48.32.040
Creation of the association—Required accounts.
There is hereby created a nonprofit unincorporated legal entity to be known as the Washington insurance guaranty association. All insurers defined as member insurers in RCW 48.32.030 shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under a plan of operation established and approved under RCW 48.32.070 and shall exercise its powers through a board of directors established under RCW 48.32.050. For purposes of administration and assessment, the association shall be divided into three separate accounts: (1) The automobile insurance account; (2) the account for longshore and harbor workers' compensation act insurance; and (3) the account for all other insurance to which this chapter applies.
[ 2005 c 100 § 4; 1975-'76 2nd ex.s. c 109 § 4; 1971 ex.s. c 265 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.050 - Board of directors.

RCW 48.32.050
Board of directors.
(1) The board of directors of the association shall consist of not less than five nor more than nine persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner.
(2) In approving selections to the board, the commissioner shall consider among other things whether all member insurers are fairly represented. In the event of the insolvency of a member insurer who writes longshore and harbor workers' compensation act insurance, at least one member of the board must represent the interests of this class of insurer, and this member shall be added to the board at the next annual meeting following the insolvency.
(3) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors.
[ 2005 c 100 § 5; 1975-'76 2nd ex.s. c 109 § 5; 1971 ex.s. c 265 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.090 - Effect of paid claims.

RCW 48.32.090
Effect of paid claims.
(1) Any person recovering under this chapter shall be deemed to have assigned his or her rights under the policy to the association to the extent of his or her recovery from the association. Every insured or claimant seeking the protection of this chapter shall cooperate with the association to the same extent as such person would have been required to cooperate with the insolvent insurer. The association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out.
(2) The receiver, liquidator, or statutory successor of an insolvent insurer shall be bound by settlements of covered claims by the association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that which the claimant would have been entitled in the absence of this chapter against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims shall be accorded the same priority as the liquidator's expenses.
(3) The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association which shall preserve the right of the association against the assets of the insolvent insurer.
[ 2009 c 549 § 7139; 1971 ex.s. c 265 § 9.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.100 - Nonduplication of recovery.

RCW 48.32.100
Nonduplication of recovery.
(1) Any person having a claim against his or her insurer under any provision in his or her insurance policy which is also a covered claim shall be required to exhaust first any right under that policy. Any amount payable on a covered claim under this chapter shall be reduced by the amount of a recovery under the claimant's insurance policy.
(2) Any person having a claim that may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, from the association of the location of the property, and if it is a workers' compensation claim or a longshore and harbor workers' compensation act claim, from the association of the permanent residence of the claimant. Any recovery under this chapter shall be reduced by the amount of the recovery from any other insurance guaranty association or its equivalent.
[ 2005 c 100 § 7; 1987 c 185 § 30; 1971 ex.s. c 265 § 10.]
NOTES:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.110 - Prevention of insolvencies.

RCW 48.32.110
Prevention of insolvencies.
To aid in the detection and prevention of insurer insolvencies:
(1) It shall be the duty of the board of directors, upon majority vote, to notify the commissioner of any information indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public.
(2) The board of directors may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be in a financial condition hazardous to the policyholders or the public. Within thirty days of the receipt of such request, the commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated as are other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the commissioner from complying with subsection (3) of this section. The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the commissioner but it shall not be open to public inspection prior to the release of the examination report to the public.
(3) It shall be the duty of the commissioner to report to the board of directors when he or she has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to the policyholders or the public.
(4) The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public documents.
(5) The board of directors may, upon majority vote, make recommendations to the commissioner for the detection and prevention of insurer insolvencies.
(6) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the commissioner.
[ 2009 c 549 § 7140; 1971 ex.s. c 265 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.120 - Examination of the association.

RCW 48.32.120
Examination of the association.
The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30th of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
[ 1971 ex.s. c 265 § 12.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.130 - Tax exemption.

RCW 48.32.130
Tax exemption.
The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property.
[ 1971 ex.s. c 265 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.145 - Credit against premium tax for assessments paid pursuant to RCW 48.32.060(1)(c).

RCW 48.32.145
Credit against premium tax for assessments paid pursuant to RCW 48.32.060(1)(c).
Every member insurer that prior to April 1, 1993, or after July 27, 1997, shall have paid one or more assessments levied pursuant to RCW 48.32.060(1)(c) shall be entitled to take a credit against any premium tax falling due under RCW 48.14.020. The amount of the credit shall be one-fifth of the aggregate amount of such aggregate assessments paid during such calendar year for each of the five consecutive calendar years beginning with the calendar year following the calendar year in which such assessments are paid. Whenever the allowable credit is or becomes less than one thousand dollars, the entire amount of the credit may be offset against the premium tax at the next time the premium tax is paid.
[ 1997 c 300 § 1; 1993 sp.s. c 25 § 901; 1977 ex.s. c 183 § 1; 1975-'76 2nd ex.s. c 109 § 11.]
NOTES:
Severability—Effective dates—Part headings, captions not law—1993 sp.s. c 25: See notes following RCW 82.04.230.
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.150 - Immunity.

RCW 48.32.150
Immunity.
There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association or its agents or employees, the board of directors, or the commissioner or his or her representatives for any action taken by them in the performance of their powers and duties under this chapter.
[ 2009 c 549 § 7141; 1971 ex.s. c 265 § 15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.160 - Stay of proceedings—Setting aside judgment.

RCW 48.32.160
Stay of proceedings—Setting aside judgment.
All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed for one hundred eighty days and such additional time thereafter as may be fixed by the court from the date the insolvency is determined to permit proper defense by the association of all pending causes of action. Any judgment under any decision, verdict, or finding based on default of the insolvent insurer or on its failure to defend an insured which is unsatisfied at the date the insolvency is determined shall be set aside on the motion of the association and the association shall be permitted to defend such claim on the merits.
[1975-'76 2nd ex.s. c 109 § 8; 1971 ex.s. c 265 § 16.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.170 - Termination, distribution of fund.

RCW 48.32.170
Termination, distribution of fund.
(1) The commissioner shall by order terminate the operation of the Washington insurers insolvency pool as to any kind of insurance afforded by property or casualty insurance policies with respect to which he or she has found, after hearing, that there is in effect a statutory or voluntary plan which:
(a) Is a permanent plan which is adequately funded or for which adequate funding is provided; and
(b) Extends, or will extend to state policyholders and residents protection and benefits with respect to insolvent insurers not substantially less favorable and effective to such policyholders and residents than the protection and benefits provided with respect to such kind of insurance under this chapter.
(2) The commissioner shall by the same such order authorize discontinuance of future payments by insurers to the Washington insurers insolvency pool with respect to the same kinds of insurance: PROVIDED, That assessments and payments shall continue, as necessary, to liquidate covered claims of insurers adjudged insolvent prior to said order and the related expenses not covered by such other plan.
(3) In the event the operation of any account of the Washington insurers insolvency pool shall be so terminated as to all kinds of insurance otherwise within its scope, the pool as soon as possible thereafter shall distribute the balance of the moneys and assets remaining in said account (after discharge of the functions of the pool with respect to prior insurer insolvencies not covered by such other plan, together with related expenses) to the insurers which are then writing in this state policies of the kinds of insurance covered by such account, and which had made payments into such account, pro rata upon the basis of the aggregate of such payments made by the respective insurers to such account during the period of five years next preceding the date of such order. Upon completion of such distribution with respect to all of the accounts specified in RCW 48.32.060, this chapter shall be deemed to have expired.
[ 2009 c 549 § 7142; 1971 ex.s. c 265 § 17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.901 - Effective date—2005 c 100.

RCW 48.32.901
Effective date—2005 c 100.
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 takes effect immediately [April 20, 2005].
[ 2005 c 100 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.910 - Construction—1971 ex.s. c 265.

RCW 48.32.910
Construction—1971 ex.s. c 265.
This chapter shall be liberally construed to effect the purpose under RCW 48.32.010 which shall constitute an aid and guide to interpretation.
[ 1971 ex.s. c 265 § 19.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32 - Washington Insurance Guaranty Association Act. › 48.32.920 - Section headings not part of law.

RCW 48.32.920
Section headings not part of law.
Section headings as used in this chapter do not constitute any part of the law.
[ 1971 ex.s. c 265 § 22.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.015 - Purpose.

RCW 48.32A.015
Purpose.
(1) The purpose of this chapter is to protect, subject to certain limitations, the persons specified in RCW 48.32A.025(1) against failure in the performance of contractual obligations, under life insurance, disability insurance, health benefit plans, and certificates of coverage, and annuity policies, plans, or contracts specified in RCW 48.32A.025(2), because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts.
(2) To provide this protection, an association of member insurers is created to pay benefits and to continue coverages as limited by this chapter, and members of the association are subject to assessment to provide funds to carry out the purpose of this chapter.
[ 2022 c 151 § 1; 2001 c 50 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.055 - Creation of the association.

RCW 48.32A.055
Creation of the association.
(1) There is created a nonprofit unincorporated legal entity to be known as the Washington life and disability insurance guaranty association which is composed of the commissioner ex officio and each member insurer. All member insurers must be and remain members of the association as a condition of their authority to transact the business of insurance, health care service contractor business, or health maintenance organization business in this state. The association shall perform its functions under the plan of operation established and approved under RCW 48.32A.095 and shall exercise its powers through a board of directors established under RCW 48.32A.065. For purposes of administration and assessment, the association shall maintain two accounts:
(a) The life insurance and annuity account which includes the following subaccounts:
(i) Life insurance account;
(ii) Annuity account which includes annuity contracts owned by a governmental retirement plan, or its trustee, established under section 401, 403(b), or 457 of the United States Internal Revenue Code, but otherwise excludes unallocated annuities; and
(iii) Unallocated annuity account, which excludes contracts owned by a governmental retirement benefit plan, or its trustee, established under section 401, 403(b), or 457 of the United States Internal Revenue Code; and
(b) The disability insurance account, which includes health benefit plans, disability benefit policies and contracts, and long- term care policies and contracts.
(2) The association is under the immediate supervision of the commissioner and is subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened to the public upon majority vote of the board of directors of the association.
[ 2022 c 151 § 4; 2001 c 50 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.065 - Board of directors.

RCW 48.32A.065
Board of directors.
(1) The board of directors of the association consists of the commissioner ex officio and not less than seven nor more than 11 member insurers serving terms as established in the plan of operation. The insurer members of the board are selected by member insurers subject to the approval of the commissioner.
Vacancies on the board are filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner.
(2) In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.
(3) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors but members of the board are not otherwise compensated by the association for their services.
[ 2022 c 151 § 5; 2001 c 50 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.095 - Plan of operation.

RCW 48.32A.095
Plan of operation.
(1)(a) The association shall submit to the commissioner a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments are effective upon the commissioner's written approval or unless it has not been disapproved within thirty days.
(b) If the association fails to submit a suitable plan of operation within one hundred twenty days following July 22, 2001, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt reasonable rules as necessary or advisable to effectuate the provisions of this chapter. The rules continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.
(2) All member insurers shall comply with the plan of operation.
(3) The plan of operation must, in addition to requirements enumerated elsewhere in this chapter:
(a) Establish procedures for handling the assets of the association;
(b) Establish the amount and method of reimbursing members of the board of directors under RCW 48.32A.065;
(c) Establish regular places and times for meetings including telephone conference calls of the board of directors;
(d) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;
(e) Establish the procedures whereby selections for the board of directors are made and submitted to the commissioner;
(f) Establish any additional procedures for assessments under RCW 48.32A.085;
(g) Establish procedures whereby a director may be removed for cause, including in the case where a member insurer becomes an impaired or insolvent insurer;
(h) Require the board of directors to establish policies and procedures for addressing conflicts of interests among the board of directors and the member insurers they represent; and
(i) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.
(4) The plan of operation may provide that any or all powers and duties of the association, except those under RCW 48.32A.075(12)(c) and 48.32A.085, are delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two or more states. Such a corporation, association, or organization must be reimbursed for any payments made on behalf of the association and must be paid for its performance of any function of the association. A delegation under this subsection takes effect only with the approval of both the board of directors and the commissioner, and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by this chapter.
[ 2022 c 151 § 8; 2001 c 50 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.105 - Duties and powers of the commissioner.

RCW 48.32A.105
Duties and powers of the commissioner.
(1) In addition to the duties and powers enumerated elsewhere in this chapter, the commissioner shall:
(a) Upon request of the board of directors, provide the association with a statement of the premiums in this and other appropriate states for each member insurer;
(b) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer constitutes notice to its shareholders, if any; the failure of the insurer to promptly comply with such a demand does not excuse the association from the performance of its powers and duties under this chapter; and
(c) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.
(2) In addition to the duties and powers enumerated elsewhere in this chapter, the commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the commissioner may levy a forfeiture on any member insurer that fails to pay an assessment when due. The forfeiture may not exceed five percent of the unpaid assessment per month, but no forfeiture may be less than one hundred dollars per month.
(3) A final action by the board of directors of the association may be appealed to the commissioner by a member insurer if the appeal is taken within sixty days of the member insurer's receipt of notice of the final action being appealed. A final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to the actions or orders of the commissioner.
(4) The liquidator, rehabilitator, or conservator of an impaired insurer may notify all interested persons of the effect of this chapter.
[ 2001 c 50 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.125 - Credits for assessments paid—Tax offsets.

RCW 48.32A.125
Credits for assessments paid—Tax offsets.
(1) A member insurer may offset against its premium tax liability to this state an assessment described in RCW 48.32A.085(8) to the extent of twenty percent of the amount of the assessment for each of the five calendar years following the year in which the assessment was paid. In the event a member insurer ceases doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.
(2) Any sums that are acquired by refund, under RCW 48.32A.085(6), from the association by member insurers, and that have been offset against premium taxes as provided in subsection (1) of this section, must be paid by the insurers to the commissioner and then deposited with the state treasurer for credit to the general fund of the state of Washington. The association shall notify the commissioner that refunds have been made.
[ 2001 c 50 § 13.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.145 - Examination of the association—Annual report.

RCW 48.32A.145
Examination of the association—Annual report.
The association is subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner each year, not later than one hundred eighty days after the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year. Upon the request of a member insurer, the association shall provide the member insurer with a copy of the report.
[ 2001 c 50 § 15.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.155 - Tax exemptions.

RCW 48.32A.155
Tax exemptions.
The association is exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.
[ 2001 c 50 § 16.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.165 - Immunity.

RCW 48.32A.165
Immunity.
There is no liability on the part of and no cause of action of any nature may arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or the commissioner's representatives, for any action or omission by them in the performance of their powers and duties under this chapter. Immunity extends to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.
[ 2001 c 50 § 17.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.175 - Stay of proceedings—Reopening default judgments.

RCW 48.32A.175
Stay of proceedings—Reopening default judgments.
All proceedings in which the insolvent insurer is a party in any court in this state are stayed one hundred eighty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict, or finding based on default the association may apply to have such a judgment set aside by the same court that made such a judgment and must be permitted to defend against the suit on the merits.
[ 2022 c 151 § 11; 2001 c 50 § 18.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.32A - Washington Life and Disability Insurance Guaranty Association Act. › 48.32A.901 - Prospective application—Savings—2001 c 50.

RCW 48.32A.901
Prospective application—Savings—2001 c 50.
(1) This chapter does not apply to any impaired insurer that was under an order of rehabilitation or conservation, or to any insolvent insurer that was placed under an order of liquidation, prior to July 22, 2001.
(2) Any section repealed in this act pertaining to the powers and obligations of the association, reinsurance and guaranty of policies, assessments, and premium tax offsets shall apply to impaired insurers placed under an order of rehabilitation or conservation, and to insolvent insurers placed under an order of liquidation, prior to July 22, 2001.
[ 2001 c 50 § 20.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.010 - Declaration of purpose—Liberal construction.

RCW 48.34.010
Declaration of purpose—Liberal construction.
The purpose of this chapter is to promote the public welfare by regulating credit life insurance and credit accident and health insurance. Nothing in this chapter is intended to prohibit or discourage reasonable competition. The provisions of this chapter shall be liberally construed.
[ 1961 c 219 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.020 - Chapter part of insurance code—What insurance subject to chapter.

RCW 48.34.020
Chapter part of insurance code—What insurance subject to chapter.
(1) This chapter is a part of the insurance code.
(2) All life insurance and all accident and health insurance in connection with loans or other credit transactions shall be subject to the provisions of this chapter, except such insurance under an individual policy in connection with a loan or other credit transaction of more than ten years duration. Insurance shall not be subject to the provisions of this chapter where its issuance is an isolated transaction on the part of the insurer not related to an agreement or a plan for insuring debtors of the creditor.
[ 1969 ex.s. c 241 § 14; 1961 c 219 § 2.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.030 - Definitions.

RCW 48.34.030
Definitions.
For the purpose of this chapter: (1) "Credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction;
(2) "Credit accident and health insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy;
(3) "Creditor" means the lender of money or vendor or lessor of goods, services, properties, rights, or privileges, for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of any such lender, vendor, or lessor, and an affiliate, associate, or subsidiary of any of them or a director, officer, or employee of any of them or any other person in any way associated with any of them;
(4) "Debtor" means a borrower of money or a purchaser or lessee of goods, services, properties, rights, or privileges for which payment is arranged through a credit transaction;
(5) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with the loan or other credit transaction.
[ 1961 c 219 § 3.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.040 - Authorized forms.

RCW 48.34.040
Authorized forms.
Credit life insurance and credit accident and health insurance shall be issued only in the following forms:
(1) Individual policies of life insurance issued to debtors on the term plan;
(2) Individual policies of accident and health insurance issued to debtors on a term plan, or disability benefit provisions in individual policies of credit life insurance;
(3) Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan;
(4) Group policies of accident and health insurance issued to creditors on a term plan insuring debtors, or disability benefit provisions in group credit life insurance policies to provide such coverage.
[ 1961 c 219 § 4.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.050 - Life—Limitation on amount under individual policy.

RCW 48.34.050
Life—Limitation on amount under individual policy.
The initial amount of credit life insurance under an individual policy shall not exceed the total amount repayable under the contract of indebtedness. Where an indebtedness is repayable in substantially equal installments, the amount of insurance shall at no time exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater.
[ 1961 c 219 § 5.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.060 - Life—Limitation on amount repayable under group policy.

RCW 48.34.060
Life—Limitation on amount repayable under group policy.
The initial amount of credit life insurance under a group policy shall at no time exceed the amount owed by the debtor which is repayable in installments to the creditor.
[ 1987 c 130 § 1; 1983 1st ex.s. c 32 § 23; 1977 c 61 § 2; 1967 ex.s. c 82 § 1; 1961 c 219 § 6.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.070 - Accident and health—Limitation on amount.

RCW 48.34.070
Accident and health—Limitation on amount.
The total amount of periodic indemnity payable by credit accident and health insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of the indebtedness; and the amount of such periodic indemnity payment shall not exceed the original indebtedness divided by the number of periodic installments.
[ 1961 c 219 § 7.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.080 - Commencement, termination date of term.

RCW 48.34.080
Commencement, termination date of term.
The term of any credit life insurance or credit accident and health insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor: PROVIDED, That, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. Where evidence of insurability is required and such evidence is furnished more than thirty days after the date when the debtor becomes obligated to the creditor, the term of the insurance may commence on the date on which the insurance company determines the evidence to be satisfactory, and in such event there shall be an appropriate refund or adjustment of any charge to the debtor for insurance. The term of such insurance shall not extend more than fifteen days beyond the scheduled maturity date of indebtedness, except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in RCW 48.34.110.
[ 1961 c 219 § 8.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.100 - Filing policies, notices, riders, etc.—Approval by commissioner—Preexisting policies—Forms.

RCW 48.34.100
Filing policies, notices, riders, etc.—Approval by commissioner—Preexisting policies—Forms.
(1) All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this state and the schedules of premium rates pertaining thereto shall be filed with the commissioner.
(2) No such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, or riders shall be used in this state until approved by the commissioner pursuant to RCW 48.18.100 and 48.18.110. In addition to any grounds for disapproval provided therein, the form shall be disapproved both as to credit life and credit accident and health insurance if the benefits provided therein are not reasonable in relation to the premium charged.
(3) If a group policy of credit life insurance or credit accident and health insurance has been delivered in this state before midnight, June 7, 1961, on the first anniversary date following such time the terms of the policy as they apply to persons newly insured thereafter shall be rewritten to conform with the provisions of this chapter.
(4) If a group policy has been or is delivered in another state before or after August 11, 1969, the forms to be filed by the insurer with the commissioner are the group certificates and notices of proposed insurance delivered or issued for delivery in this state. He or she shall approve them if:
(a) They provide the information that would be required if the group policy was delivered in this state; and
(b) The applicable premium rates or charges do not exceed those established by his or her rules or regulations.
[ 2010 c 8 § 11005; 2009 c 549 § 7143; 1969 ex.s. c 241 § 15; 1961 c 219 § 10.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.110 - Refunds—Credits—Charges to debtor.

RCW 48.34.110
Refunds—Credits—Charges to debtor.
(1) Each individual policy, or group certificate shall provide that in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of an amount paid by the debtor for insurance shall be paid or credited promptly to the person entitled thereto. The formula to be used in computing such refund shall be filed with and approved by the commissioner.
(2) If a creditor requires a debtor to make any payment for credit life insurance or credit accident and health insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to such debtor and shall promptly make an appropriate credit to the account.
(3) The amount charged to a debtor for any credit life or credit accident and health insurance shall not exceed the premiums charged by the insurer, as computed at the time the charge to the debtor is determined.
[ 1961 c 219 § 11.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.34 - Credit Life Insurance and Credit Accident and Health Insurance. › 48.34.120 - Debtor's right to furnish and obtain own insurance.

RCW 48.34.120
Debtor's right to furnish and obtain own insurance.
When the credit life insurance or credit accident and health insurance is required in connection with any credit transaction, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or her or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business within this state.
[ 2009 c 549 § 7144; 1961 c 219 § 12.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.35 - Alien Insurers. › 48.35.010 - Application—Definition.

RCW 48.35.010
Application—Definition.
This chapter applies to all alien insurers using this state as a state of entry to transact insurance in the United States.
For the purposes of this chapter, "alien insurer" has the definition supplied in RCW 48.05.010.
[ 1991 c 268 § 1.]
2023 Revised Code of Washington › Title 48 - Insurance › Chapter 48.35 - Alien Insurers. › 48.35.020 - Deposit required—Amount.

RCW 48.35.020
Deposit required—Amount.
(1) An alien insurer may use this state as a state of entry to transact insurance in the United States by maintaining in this state a deposit of assets in a solvent trust company or other solvent financial institution having trust powers domiciled in this state and so designated by the commissioner. The commissioner's designated depositories are authorized to receive and hold a deposit of assets. A deposit so held is at the expense of the insurer. A solvent financial institution domiciled in this state, the deposits of which are insured by the federal deposit insurance corporation and which is a member of the federal reserve system, may be designated as the commissioner's depository to receive and hold a deposit of assets.
(2) The deposit, together with other trust deposits of the insurer held in the United States for the same purpose, must be in an amount not less than the higher of deposits required of an alien insurer under RCW 48.05.090 or five hundred thousand dollars and consist of eligible assets as set forth in RCW 48.16.030.
(3) The deposit may be referred to as "trusteed assets."
[ 1991 c 268 § 2.]