Revised Code of Washington
Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.
48.31.171 - Domiciliary liquidator—Reciprocal state—Nonreciprocal state—Commissioner's duties.

RCW 48.31.171
Domiciliary liquidator—Reciprocal state—Nonreciprocal state—Commissioner's duties.

(1) Except as to special deposits and security on secured claims under RCW 48.99.030(2), the domiciliary liquidator of an insurer domiciled in a reciprocal state is vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents' balances, and all the books, accounts, and other records of the insurer located in this state. The date of vesting is the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting is the date of entry of the order directing possession to be taken. The domiciliary liquidator has the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. The domiciliary liquidator also has the right to recover all other assets of the insurer located in this state, subject to RCW 48.99.030.
(2) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state is vested by operation of law with the title to all of the property, contracts, and rights of action, and all the books, accounts, and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this state may petition for a conservation or liquidation order under RCW 48.31.100 or 48.99.030, or for an ancillary receivership under RCW 48.99.030, or after approval by the court may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.
(3) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.

[ 1993 c 462 § 71.]
NOTES:

Severability—Implementation—1993 c 462: See RCW 48.31B.901 and 48.31B.902.

Structure Revised Code of Washington

Revised Code of Washington

Title 48 - Insurance

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.

48.31.025 - Confidentiality of documents, materials, or other information—Commissioner's capacity as a receiver.

48.31.030 - Rehabilitation—Grounds.

48.31.040 - Rehabilitation—Order—Termination.

48.31.045 - Rehabilitation order against insurer—Insurer is party to action or proceeding—Stay the action—Statute of limitations or defense of laches.

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.

48.31.121 - Court order for a formal delinquency proceeding—Commissioner may petition—Insurer may petition for hearing and review.

48.31.125 - Order of liquidation—Termination of coverage.

48.31.131 - Appointment of liquidator—Actions at law or equity—Statute of limitations or defense of laches.

48.31.135 - Recovery from reinsurers—Not reduced by delinquency proceedings—Direct payment to insured.

48.31.141 - Responsibility for payment of a premium—Earned or unearned premium—Violations—Penalties—Rights of party aggrieved.

48.31.145 - Liquidator denies claim—Written notice—Objections of claimant—Court hearing.

48.31.151 - Creditor's claim against insurer is secured by other person—Subrogated rights—Agreements concerning distributions.

48.31.155 - Unclaimed funds—Liquidator's application for discharge—Deposits with the department of revenue.

48.31.161 - After termination of liquidation proceeding—Good cause to reopen proceedings.

48.31.165 - Domiciliary receiver not appointed—Court order to liquidate—Notice—Domiciliary receiver appointed in other state.

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.

48.31.181 - Liquidation proceedings—One or more reciprocal states—Distributions—Special deposit claims—Secured claims.

48.31.184 - Ancillary receiver in another state or foreign country—Failure to transfer assets.

48.31.185 - Receiver's proposal to disperse assets upon liquidation—Application for approval—Contents of proposal—Notice of application.

48.31.190 - Commencement of proceeding—Venue—Effect of appellate review.

48.31.200 - Injunctions.

48.31.210 - Change of venue.

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.

48.31.290 - Offsets.

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.

48.31.435 - Administrative supervision—Rules.