This
chapter may be known and cited as the uniform insurers
liquidation act. For the purposes of this chapter:
(1) "Insurer" means any person, firm, corporation,
association, or aggregation of persons doing an insurance
business and subject to the insurance supervisory authority of,
or to liquidation, rehabilitation, reorganization, or
conservation by, the commissioner, or the equivalent insurance
supervisory official of another state.
(2) "Delinquency proceeding" means any proceeding commenced
against an insurer for the purpose of liquidating,
rehabilitating, reorganizing, or conserving such insurer.
(3) "State" means any state of the United States, and also
the District of Columbia and Puerto Rico.
(4) "Foreign country" means territory not in any state.
(5) "Domiciliary state" means the state in which an insurer
is incorporated or organized, or, in the case of an insurer
incorporated or organized in a foreign country, the state in
which such insurer, having become authorized to do business in
such state, has, at the commencement of delinquency proceedings,
the largest amount of its assets held in trust and assets held on
deposit for the benefit of its policyholders or policyholders and
creditors in the United States; and any such insurer is deemed to
be domiciled in such state.
(6) "Ancillary state" means any state other than a
domiciliary state.
(7) "Reciprocal state" means any state other than this state
in which in substance and effect the provisions of this chapter
are in force, including the provisions requiring that the
insurance commissioner or equivalent insurance supervisory
official be the receiver of a delinquent insurer.
(8) "General assets" means all property, real, personal, or
otherwise, not specifically mortgaged, pledged, deposited, or
otherwise encumbered for the security or benefit of specified
persons or a limited class or classes of persons, and as to such
specifically encumbered property the term includes all such
property or its proceeds in excess of the amount necessary to
discharge the sum or sums secured thereby. Assets held in trust
and assets held on deposit for the security or benefit of all
policyholders, or all policyholders and creditors in the United
States, shall be deemed general assets.
(9) "Preferred claim" means any claim with respect to which
the law of a state or of the United States accords priority of
payment from the general assets of the insurer.
(10) "Special deposit claim" means any claim secured by a
deposit made pursuant to statute for the security or benefit of a
limited class or classes of persons, but not including any
general assets.
(11) "Secured claim" means any claim secured by mortgage,
trust, deed, pledge, deposit as security, escrow, or otherwise,
but not including special deposit claims or claims against
general assets. The term also includes claims which more than
four months prior to the commencement of delinquency proceedings
in the state of the insurer's domicile have become liens upon
specific assets by reason of judicial process.
(12) "Receiver" means receiver, liquidator, rehabilitator,
or conservator as the context may require.
[1993 c 462 § 78; 1961 c 194 § 12; 1947 c 79 § .31.11; Rem. Supp. 1947 § 45.31.11. Formerly RCW 48.31.110.]