Revised Code of Washington
Chapter 48.31 - Mergers, Rehabilitation, Liquidation, Supervision.
48.31.400 - Administrative supervision—Conditions—Notice and hearing.

RCW 48.31.400
Administrative supervision—Conditions—Notice and hearing.

(1) An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time the commissioner makes a finding that:
(a) The insurer's condition renders the continuance of its business financially hazardous to the public or to its insureds consistent with this title or any rules adopted by the commissioner;
(b) The insurer has or appears to have exceeded its powers granted under its certificate of authority and this title or any rules adopted by the commissioner;
(c) The insurer has failed to comply with the applicable provisions of Title 48 RCW or rules adopted by the commissioner such that its condition has or will render the continuance of its business financially hazardous to the public or to its insureds;
(d) The business of the insurer is being conducted fraudulently; or
(e) The insurer gives its consent.
(2) If the commissioner determines that the conditions set forth in subsection (1) of this section exist, the commissioner shall:
(a) Notify the insurer of his or her determination;
(b) Furnish to the insurer a written list of the requirements to abate this determination; and
(c) Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating the provisions of this chapter. Action by the commissioner shall be subject to review pursuant to chapters 48.04 and 34.05 RCW.
(3) If placed under administrative supervision, the insurer has sixty days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner subject to the provisions of this chapter.
(4) If it is determined after notice and hearing that the conditions giving rise to the administrative supervision still exist at the end of the supervision period under subsection (3) of this section, the commissioner may extend the period.
(5) If it is determined that none of the conditions giving rise to the administrative supervision exist, or that the insurer has remedied the conditions that gave rise to the supervision, the commissioner shall release the insurer from supervision.

[ 2005 c 432 § 3.]

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.