RCW 48.05.140
Certificate of authority -- Discretionary
refusal, revocation, suspension. (Effective until July 1, 2009.)
The commissioner may refuse, suspend, or revoke an insurer's
certificate of authority, in addition to other grounds therefor
in this code, if the insurer:
(1) Fails to comply with any provision of this code other
than those for violation of which refusal, suspension, or
revocation is mandatory, or fails to comply with any proper order
or regulation of the commissioner.
(2) Is found by the commissioner to be in such condition
that its further transaction of insurance in this state would be
hazardous to policyholders and the people in this state.
(3) Refuses to remove or discharge a director or officer who
has been convicted of any crime involving fraud, dishonesty, or
like moral turpitude.
(4) Usually compels claimants under policies either to
accept less than the amount due them or to bring suit against it
to secure full payment of the amount due.
(5) Is affiliated with and under the same general
management, or interlocking directorate, or ownership as another
insurer which transacts insurance in this state without having a
certificate of authority therefor, except as is permitted by this
code.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination or
to produce its accounts, records, and files for examination by
the commissioner when required, or refuse to perform any legal
obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it in
this state upon any policy, bond, recognizance, or undertaking
issued or guaranteed by it, within thirty days after the judgment
became final or within thirty days after time for taking an
appeal has expired, or within thirty days after dismissal of an
appeal before final determination, whichever date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons,
whether by its directors, officers, or by any other means, who
are incompetent or untrustworthy or so lacking in insurance
company managerial experience as to make a proposed operation
hazardous to the insurance-buying public; or that there is good
reason to believe it is affiliated directly or indirectly through
ownership, control, reinsurance or other insurance or business
relations, with any person or persons whose business operations
are or have been marked, to the detriment of policyholders or
stockholders or investors or creditors or of the public, by bad
faith or by manipulation of assets, or of accounts, or of
reinsurance.
(9) Does business through agents or brokers in this state or
in any other state who are not properly licensed under applicable
laws and duly enacted regulations adopted pursuant thereto.
[1973 1st ex.s. c 152 § 1; 1969 ex.s. c 241 § 3; 1967 c 150 § 4; 1947 c 79 § .05.14; Rem. Supp. 1947 § 45.04.14.]
NOTES:
Severability -- 1973 1st ex.s. c 152: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 152 § 7.]
RCW 48.05.140
Certificate of authority -- Discretionary
refusal, revocation, suspension. (Effective July 1, 2009.)
The
commissioner may refuse, suspend, or revoke an insurer's
certificate of authority, in addition to other grounds therefor
in this code, if the insurer:
(1) Fails to comply with any provision of this code other
than those for violation of which refusal, suspension, or
revocation is mandatory, or fails to comply with any proper order
or regulation of the commissioner.
(2) Is found by the commissioner to be in such condition
that its further transaction of insurance in this state would be
hazardous to policyholders and the people in this state.
(3) Refuses to remove or discharge a director or officer who
has been convicted of any crime involving fraud, dishonesty, or
like moral turpitude.
(4) Usually compels claimants under policies either to
accept less than the amount due them or to bring suit against it
to secure full payment of the amount due.
(5) Is affiliated with and under the same general
management, or interlocking directorate, or ownership as another
insurer which transacts insurance in this state without having a
certificate of authority therefor, except as is permitted by this
code.
(6) Refuses to be examined, or if its directors, officers,
employees or representatives refuse to submit to examination or
to produce its accounts, records, and files for examination by
the commissioner when required, or refuse to perform any legal
obligation relative to the examination.
(7) Fails to pay any final judgment rendered against it in
this state upon any policy, bond, recognizance, or undertaking
issued or guaranteed by it, within thirty days after the judgment
became final or within thirty days after time for taking an
appeal has expired, or within thirty days after dismissal of an
appeal before final determination, whichever date is the later.
(8) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons,
whether by its directors, officers, or by any other means, who
are incompetent or untrustworthy or so lacking in insurance
company managerial experience as to make a proposed operation
hazardous to the insurance-buying public; or that there is good
reason to believe it is affiliated directly or indirectly through
ownership, control, reinsurance or other insurance or business
relations, with any person or persons whose business operations
are or have been marked, to the detriment of policyholders or
stockholders or investors or creditors or of the public, by bad
faith or by manipulation of assets, or of accounts, or of
reinsurance.
(9) Does business through insurance producers or title
insurance agents in this state or in any other state who are not
properly licensed under applicable laws and duly enacted
regulations adopted pursuant thereto.
[2008 c 217 § 2; 1973 1st ex.s. c 152 § 1; 1969 ex.s. c 241 § 3; 1967 c 150 § 4; 1947 c 79 § .05.14; Rem. Supp. 1947 § 45.04.14.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.
Severability -- 1973 1st ex.s. c 152: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 152 § 7.]