Revised Code of Washington
Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.
48.31.270 - Voidable transfers.

RCW 48.31.270
Voidable transfers.

(1) Any transfer of, or lien upon, the property of an insurer which is made or created within four months prior to the granting of an order to show cause under this chapter with the intent of giving to any creditor or of enabling him or her to obtain a greater percentage of his or her debt than any other creditor of the same class and which is accepted by such creditor having reasonable cause to believe that such a preference will occur, shall be voidable.
(2) Every director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of such insurer who shall be concerned in any such act or deed and every person receiving thereby any property of such insurer or the benefit thereof shall be personally liable therefor and shall be bound to account to the commissioner.
(3) The commissioner as liquidator, rehabilitator or conservator in any proceeding under this chapter, may avoid any transfer of, or lien upon the property of an insurer which any creditor, stockholder, subscriber or member of such insurer might have avoided and may recover the property so transferred unless such person was a bona fide holder for value prior to the date of the granting of an order to show cause under this chapter. Such property or its value may be recovered from anyone who has received it except a bona fide holder for value as above specified.

[ 2009 c 549 § 7132; 1947 c 79 § .31.27; Rem. Supp. 1947 § 45.31.27.]

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.