RCW 48.31.131
Appointment of liquidator—Actions at law or equity—Statute of limitations or defense of laches.
(1) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, an action at law or equity or in arbitration may not be brought against the insurer or liquidator, whether in this state or elsewhere, nor may such an existing action be maintained or further presented after issuance of the order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company when the injunctions are included in an order to liquidate an insurer issued under laws in other states corresponding to this subsection. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, the liquidator may intervene in the action. The liquidator may defend an action in which he or she intervenes under this section at the expense of the estate of the insurer.
(2) The liquidator may institute an action or proceeding pursuant to an order of rehabilitation, within the later of two years following entry of the order or two years of the date the liquidator discovers, or in the exercise of reasonable care should have discovered, the injury from which the action or proceeding arose and its cause. However, actions against former directors, officers, and employees brought pursuant to an order of rehabilitation for the benefit or the protection of subscribers, policy beneficiaries, or the general public is subject to the limitations period of RCW 4.16.160.
(3) A statute of limitation or defense of laches does not run with respect to an action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. An action against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty days after the petition is denied.
(4) A guaranty association or foreign guaranty association has standing to appear in a court proceeding concerning the liquidation of an insurer if the association is or may become liable to act as a result of the liquidation.
[ 2007 c 80 § 11; 1993 c 462 § 63.]
NOTES:
Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.
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.