RCW 48.31.020
Definitions—Insurer, exceeded its powers, consent.
(1) For the purposes of this chapter, other than as to RCW 48.31.010, and in addition to persons included under RCW 48.99.010, the term "insurer" shall be deemed to include an insurer authorized under chapter 48.05 RCW, an insurer or institution holding a certificate of exemption under RCW 48.38.010, a health care service contractor registered under chapter 48.44 RCW, and a health maintenance organization registered under chapter 48.46 RCW, as well as all persons engaged as, or purporting to be engaged as insurers, institutions issuing charitable gift annuities, health care service contractors, or health maintenance organizations in this state, and to persons in process of organization to become insurers, institutions issuing charitable gift annuities, health care service contractors, or health maintenance organizations.
(2) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.
(a) "Exceeded its powers" means the following conditions:
(i) The insurer has refused to permit examination of its books, papers, accounts, records, or affairs by the commissioner, his or her deputies, employees, or duly commissioned examiners as required by this title or any rules adopted by the commissioner;
(ii) A domestic insurer has unlawfully removed from this state books, papers, accounts, or records necessary for an examination of the insurer;
(iii) The insurer has failed to promptly comply with the filing of any applicable financial reports as required by this title or any rules adopted by the commissioner;
(iv) The insurer has neglected or refused to observe a lawful order of the commissioner to comply, within the time prescribed by law, with any prohibited deficiency in its applicable capital, capital stock, or surplus;
(v) The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner;
(vi) The insurer, by contract or otherwise, has unlawfully or has in violation of an order of the commissioner or with respect to a transaction to which the insurer has without first having obtained written approval of the commissioner if approval is required by law:
(A) Totally reinsured its entire outstanding business; or
(B) Merged or consolidated substantially its entire property or business with another insurer; or
(vii) The insurer engaged in any transaction in which it is not authorized to engage under this title or any rules adopted by the commissioner.
(b) "Consent" means agreement to administrative supervision by the insurer.
[ 2005 c 432 § 1; 1998 c 284 § 8; 1989 c 151 § 1; 1947 c 79 § .31.02; Rem. Supp. 1947 § 45.31.02.]
Structure Revised Code of Washington
Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.
48.31.010 - Merger or consolidation.
48.31.020 - Definitions—Insurer, exceeded its powers, consent.
48.31.021 - Insurer—Self-funded multiple employer welfare arrangement.
48.31.030 - Rehabilitation—Grounds.
48.31.040 - Rehabilitation—Order—Termination.
48.31.050 - Liquidation—Grounds.
48.31.060 - Liquidation—Order.
48.31.070 - Liquidation—Alien insurers.
48.31.080 - Conservation of assets—Foreign insurers.
48.31.090 - Conservation of assets—Alien insurers.
48.31.100 - Foreign or alien insurers—Conservation, ancillary proceedings.
48.31.105 - Conduct of proceedings—Requirement to cooperate—Definitions—Violations—Penalties.
48.31.111 - Commencement of delinquency proceeding by commissioner—Jurisdiction of courts.
48.31.115 - Immunity from suit and liability—Persons entitled to protection.
48.31.125 - Order of liquidation—Termination of coverage.
48.31.145 - Liquidator denies claim—Written notice—Objections of claimant—Court hearing.
48.31.161 - After termination of liquidation proceeding—Good cause to reopen proceedings.
48.31.171 - Domiciliary liquidator—Reciprocal state—Nonreciprocal state—Commissioner's duties.
48.31.175 - Foreign or alien insurer—Property located in this state—Commissioner's discretion.
48.31.184 - Ancillary receiver in another state or foreign country—Failure to transfer assets.
48.31.190 - Commencement of proceeding—Venue—Effect of appellate review.
48.31.220 - Deposit of moneys collected.
48.31.230 - Exemption from filing fees.
48.31.240 - Borrowing on pledge of assets.
48.31.260 - Liquidation—Date rights, liabilities fixed.
48.31.270 - Voidable transfers.
48.31.280 - Priority and order of distribution of claims.
48.31.300 - Allowance of contingent and other claims.
48.31.310 - Time to file claims.
48.31.320 - Report for assessment.
48.31.330 - Levy of assessment.
48.31.340 - Order for payment of assessment.
48.31.350 - Publication, transmittal of assessment order.
48.31.360 - Judgment upon the assessment.
48.31.400 - Administrative supervision—Conditions—Notice and hearing.
48.31.405 - Administrative supervision—Confidentiality.
48.31.410 - Administrative supervision—Standards and procedures—Limitations on insurer.
48.31.415 - Administrative supervision—Insurer may contest.
48.31.420 - Administrative supervision—No limitation on judicial proceedings.
48.31.425 - Administrative supervision—Commissioner contacts.
48.31.430 - Administrative supervision—Chapters 48.04 and 34.05 RCW.