RCW 48.18.410
Exemption of proceeds—Life.
(1) The lawful beneficiary, assignee, or payee of a life insurance policy, other than an annuity, heretofore or hereafter effected by any person on his or her own life, or on the life of another, in favor of a person other than himself or herself, shall be entitled to the proceeds and avails of the policy against the creditors and representatives of the insured and of the person effecting the insurance, and such proceeds and avails shall also be exempt from all liability for any debt of such beneficiary, existing at the time the proceeds or avails are made available for his or her own use.
(2) The provisions of subsection (1) of this section shall apply
(a) whether or not the right to change the beneficiary is reserved or permitted in the policy; or
(b) whether or not the policy is made payable to the person whose life is insured or to his or her estate if the beneficiary, assignee or payee shall predecease such person; except, that this subsection shall not be construed so as to defeat any policy provision which provides for disposition of proceeds in the event the beneficiary shall predecease the insured.
(3) The exemptions provided by subsection (1) of this section, subject to the statute of limitations, shall not apply
(a) to any claim to or interest in such proceeds or avails by or on behalf of the insured, or the person so effecting the insurance, or their administrators or executors, in whatever capacity such claim is made or such interest is asserted; or
(b) to any claim to or interest in such proceeds or avails by or on behalf of any person to whom rights thereto have been transferred with intent to defraud creditors; but an insurer shall be liable to all such creditors only as to amounts aggregating not to exceed the amount of such proceeds or avails remaining in the insurer's possession at the time the insurer receives at its home office written notice by or on behalf of such creditors, of claims to recover for such transfer, with specification of the amounts claimed; or
(c) to so much of such proceeds or avails as equals the amount of any premiums or portion thereof paid for the insurance with intent to defraud creditors, with interest thereon, and if prior to the payment of such proceeds or avails the insurer has received at its home office written notice by or on behalf of the creditor, of a claim to recover for premiums paid with intent to defraud creditors, with specification of the amount claimed.
(4) For the purposes of subsection (1) of this section a policy shall also be deemed to be payable to a person other than the insured if and to the extent that a facility-of-payment clause or similar clause in the policy permits the insurer to discharge its obligation after the death of the individual insured by paying the death benefits to a person as permitted by such clause.
(5) No person shall be compelled to exercise any rights, powers, options or privileges under any such policy.
[ 2009 c 549 § 7074; 1947 c 79 § .18.41; Rem. Supp. 1947 § 45.18.41.]
Structure Revised Code of Washington
Chapter 48.18 - The Insurance Contract.
48.18.020 - Power to contract.
48.18.030 - Insurable interest—Personal insurances—Nonprofit organizations—Rules.
48.18.040 - Insurable interest—Property insurances.
48.18.050 - Named insured—Interest insured.
48.18.060 - Application—Consent—When required.
48.18.070 - Alteration of application.
48.18.080 - Application as evidence.
48.18.090 - Warranties and misrepresentations, effect of.
48.18.100 - Forms of policies—Filing, certification, and approval—Exceptions.
48.18.110 - Grounds for disapproval.
48.18.130 - Standard provisions.
48.18.140 - Contents of policies in general.
48.18.150 - Additional contents.
48.18.160 - Charter or bylaw provisions.
48.18.170 - "Premium" defined.
48.18.180 - Stated premium must include all charges.
48.18.190 - Policy must contain entire contract.
48.18.200 - Limiting actions, jurisdiction.
48.18.210 - Execution of policies.
48.18.220 - Receipt of premium to bind coverage—Contents of receipt.
48.18.230 - Binders—Duration—Premium.
48.18.240 - Binders—Insurance producer's or title insurance agent's liability.
48.18.250 - Underwriters' and combination policies.
48.18.260 - Delivery of policy.
48.18.280 - Renewal of policy.
48.18.290 - Cancellation by insurer.
48.18.2901 - Renewal required—Exceptions.
48.18.291 - Cancellation of private automobile insurance by insurer—Notice—Requirements.
48.18.295 - RCW 48.18.290 through 48.18.297 not to prevent cancellation or nonrenewal, when.
48.18.296 - Contracts to which RCW 48.18.291 through 48.18.297 inapplicable.
48.18.297 - Private passenger automobile defined.
48.18.298 - Disability insurance—Refusal to renew by insurer.
48.18.299 - Disability insurance—Cancellation by insurer.
48.18.300 - Cancellation by insured.
48.18.310 - Cancellation by commissioner.
48.18.320 - Annulment of liability policies.
48.18.340 - Dividends payable to real party in interest.
48.18.350 - Breach of warranty prior to loss—Effect.
48.18.360 - Assignment of policies—Life and disability.
48.18.370 - Payment discharges insurer—Life and disability.
48.18.375 - Assignment of interests under group insurance policy.
48.18.390 - Simultaneous deaths—Payment of proceeds—Life insurance.
48.18.400 - Exemption of proceeds—Disability.
48.18.410 - Exemption of proceeds—Life.
48.18.420 - Exemption of proceeds—Group life.
48.18.430 - Exemption of proceeds, commutation—Annuities.
48.18.440 - Spouse's rights in life insurance policy.
48.18.450 - Life insurance payable to trustee named as beneficiary in the policy.
48.18.452 - Life insurance designating as beneficiary a trustee named by will.
48.18.460 - Proof of loss—Furnishing forms—May require oath.
48.18.470 - Claims administration—Not waiver.
48.18.480 - Discrimination prohibited.
48.18.510 - Validity of noncomplying forms.
48.18.520 - Construction of policies.
48.18.540 - Cancellations, denials, refusals to renew—Written notification.
48.18.543 - Single premium credit insurance—Residential mortgage loan—Restrictions—Definitions.
48.18.547 - Underwriting restrictions that apply to medical malpractice insurance—Rules.
48.18.553 - Victims of hate crime offenses—Restrictions of underwriting actions—Definitions.
48.18.555 - Property insurance—Actions resulting from arson or malicious mischief—Definitions.
48.18.565 - Homeowner's insurance—Foster parent.
48.18.570 - Life insurance—Lawful travel destinations.
48.18.580 - Employer-owned life insurance—Requirements.
48.18.583 - Employer-owned life insurance—Application to policies.
48.18.586 - Employer-owned life insurance—Rules.
48.18.600 - Usage-based insurance—Restrictions on information collected.
48.18.610 - Customer satisfaction benefits.
48.18.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.