Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-87 - Joint underwriting association for midwifery and birthing centers malpractice insurance › Section 284-87-050 - Administration

Current through Register Vol. 24-14, July 15, 2024
(1) The association
			 must be administered by a governing board, subject to the supervision of the
			 commissioner, and operated by a service company or companies appointed by the
			 board.
(2) The board must consist
			 of five members. Three board members must be member insurers appointed by the
			 commissioner. The other two board members must be licensees who are appointed
			 by the commissioner to so serve, neither of whom shall have an interest,
			 directly or indirectly, in any insurer except as a policyholder. Two of the
			 original board members must be appointed to serve an initial term of three
			 years, two must be appointed to serve an initial term of two years, and the
			 remaining must be appointed to serve a one-year initial term. All other terms
			 must be for three years or until a successor has been appointed. Not more than
			 one member insurer in a group under the same management or ownership shall
			 serve on the board at the same time. At least one of the three insurers on the
			 board must be a domestic insurer. Members of the board may be removed by the
			 commissioner for cause.
(3) The
			 association must indemnify each person serving on the board or any subcommittee
			 thereof, each member insurer of the association, and each officer and employee
			 of the association all costs and expenses actually and necessarily incurred by
			 him, her, or it in connection with the defense of any action, suit, or
			 proceeding in which he, she, or it is made a party by reason of his, her, or
			 its being or having been a member of the board, or a member or officer or
			 employee of the association, except in relation to matters as to which he, she,
			 or it has been judged in such action, suit, or proceeding to be liable by
			 reason of willful misconduct in the performance of his, her, or its duties as a
			 member of such board, or member, officer, or employee of the association. This
			 indemnification shall not be exclusive of other rights as to which such member,
			 or officer, or employee may be entitled as a matter of law.
(4) The association at the discretion of the
			 board may agree to indemnify its appointed service company or companies and its
			 staff from all costs and expenses actually and necessarily incurred by them in
			 defense of any action, suit, or proceeding in which they are made a party by
			 reason of their being or having been a service company of the association,
			 except in relation to matters as to which they have been judged by a court of
			 competent jurisdiction, to have engaged in willful misconduct in the
			 performance of their duties as a service company on its behalf by
			 staff.
Statutory Authority:
				  RCW
				  48.02.060,
				  48.87.100 and chapter 48.87 RCW.
				  11-12-067 (Matter No. R 2011-04), §
										284-87-050, filed 5/31/11,
				  effective 7/1/11. Statutory Authority:
				  RCW
				   48.02.060 and
				  48.87.100. 10-15-014 (Matter No. R
				  2010-02), §
										284-87-050, filed 7/8/10,
				  effective 8/8/10; 94-02-053 (Order R 93-18), §
										284-87-050, filed 12/30/93,
				  effective 1/30/94.