RCW 48.36A.310
Deficiencies, noncompliance by
societies -- Actions against license. (Effective until July 1,
2009.)
(1) The commissioner may refuse, suspend, or revoke a
fraternal benefit society's license, if the society:
(a) Has exceeded its powers;
(b) Has failed to comply with any of the provisions of this
chapter;
(c) Is not fulfilling its contracts in good faith;
(d) Is conducting its business fraudulently;
(e) Has a membership of less than four hundred after an
existence of one year or more;
(f) Is found by the commissioner to be in such a condition
that its further transaction of insurance in this state would be
hazardous to certificate holders and the people in this state;
(g) Refuses to remove or discharge a trustee, director, or
officer who has been convicted of any crime involving fraud,
dishonesty, or like moral turpitude;
(h) Refuses to be examined, or if its trustees, 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;
(i) Fails to pay any final judgment rendered against it in
this state upon any certificate, or undertaking issued 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;
(j) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons,
whether by its trustees, directors, officers, or by any other
means, who are incompetent or untrustworthy or so lacking in
fraternal benefit society managerial experience as to make a
proposed operation hazardous to its members; or that there is
good reason to believe it is affiliated directly or indirectly
through ownership, control, or business relations, with any
person or persons whose business operations are or have been
found to be in violation of any law or rule, to the detriment of
the members of the society or of the public, by bad faith or by
manipulation of the assets, or of accounts, or of reinsurance of
the society; or
(k) Does business through agents or other representatives in
this state or in any other state who are not properly licensed
under applicable laws and rules.
(2) Nothing in this section shall prevent a society from
continuing, in good faith, all contracts made in this state
during the time the society was legally authorized to transact
business herein.
[1996 c 236 § 3; 1987 c 366 § 31.]
RCW 48.36A.310
Deficiencies, noncompliance by
societies -- Actions against license. (Effective July 1, 2009.)
(1) The commissioner may refuse, suspend, or revoke a fraternal
benefit society's license, if the society:
(a) Has exceeded its powers;
(b) Has failed to comply with any of the provisions of this
chapter;
(c) Is not fulfilling its contracts in good faith;
(d) Is conducting its business fraudulently;
(e) Has a membership of less than four hundred after an
existence of one year or more;
(f) Is found by the commissioner to be in such a condition
that its further transaction of insurance in this state would be
hazardous to certificate holders and the people in this state;
(g) Refuses to remove or discharge a trustee, director, or
officer who has been convicted of any crime involving fraud,
dishonesty, or like moral turpitude;
(h) Refuses to be examined, or if its trustees, 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;
(i) Fails to pay any final judgment rendered against it in
this state upon any certificate, or undertaking issued 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;
(j) Is found by the commissioner, after investigation or
upon receipt of reliable information, to be managed by persons,
whether by its trustees, directors, officers, or by any other
means, who are incompetent or untrustworthy or so lacking in
fraternal benefit society managerial experience as to make a
proposed operation hazardous to its members; or that there is
good reason to believe it is affiliated directly or indirectly
through ownership, control, or business relations, with any
person or persons whose business operations are or have been
found to be in violation of any law or rule, to the detriment of
the members of the society or of the public, by bad faith or by
manipulation of the assets, or of accounts, or of reinsurance of
the society; or
(k) Does business through insurance producers or other
representatives in this state or in any other state who are not
properly licensed under applicable laws and rules.
(2) Nothing in this section shall prevent a society from
continuing, in good faith, all contracts made in this state
during the time the society was legally authorized to transact
business herein.
[2008 c 217 § 45; 1996 c 236 § 3; 1987 c 366 § 31.]
NOTES:
Severability -- Effective date -- 2008 c 217: See notes following RCW 48.03.020.