RCW 48.12.440
Assuming insurer not licensed, accredited, or certified—No credit—Exceptions.
If the assuming insurer is not licensed, accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by RCW 48.12.420 and 48.12.425 must not be allowed unless the assuming insurer agrees in the reinsurance agreements:
(1)(a) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, must submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give the court jurisdiction, and will abide by the final decision of the court or of any appellate court in the event of an appeal; and
(b) To designate the commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding insurer.
(2) This section is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement.
[ 2015 c 63 § 9.]
Structure Revised Code of Washington
Chapter 48.12 - Assets and Liabilities.
48.12.020 - Nonallowable assets.
48.12.040 - Unearned premium reserve, property, casualty, and surety insurance.
48.12.050 - Unearned premium reserve, marine and transportation insurance.
48.12.060 - Reserve—Disability insurance.
48.12.080 - Increased reserves.
48.12.090 - Loss reserves—Liability insurance.
48.12.100 - Unallocated liability loss expense.
48.12.110 - Schedule of experience.
48.12.140 - "Loss payments," "loss expense" defined.
48.12.170 - Valuation of bonds.
48.12.180 - Valuation of stocks.
48.12.190 - Valuation of property.
48.12.200 - Valuation of purchase money mortgages.
48.12.400 - Purpose—Intent—Declaration.
48.12.405 - Domestic ceding insurer—Asset or reduction from liability—Requirements.
48.12.410 - Assuming insurer—Licensed.
48.12.415 - Accredited as reinsurer—Assuming insurer—Requirements.
48.12.420 - Assuming insurer—Domiciled in this state or state with similar statutes.
48.12.425 - Assuming insurer maintains a trust fund—Payment of valid claims—Requirements.
48.12.435 - Assuming insurer not meeting certain requirements—Credit restricted.
48.12.440 - Assuming insurer not licensed, accredited, or certified—No credit—Exceptions.
48.12.455 - Ceding insurer—Reinsurance program.
48.12.462 - Reinsurance ceded to an assuming insurer—Reciprocal jurisdictions—Commissioner's duties.
48.12.464 - Reinsurance agreements—Commissioner may adopt rules.
48.12.465 - Definitions—Apply to RCW 48.12.460(3).
48.12.470 - Credit for reinsurance—Accounting or financial statement—After December 31, 1996.
48.12.475 - Assuming alien reinsurer—Registration—Requirements—Duties of commissioner—Costs.