(1) Whenever under the laws of this state a receiver is to be
appointed in delinquency proceedings for an insurer domiciled in
this state, the court shall appoint the commissioner as such
receiver. The court shall direct the commissioner forthwith to
take possession of the assets of the insurer and to administer the
same under the orders of the court.
(2) As domiciliary receiver the commissioner shall be vested
by operation of law with the title to all of the property,
contracts, and rights of action, and all of the books and records
of the insurer wherever located, as of the date of entry of the
order directing him to rehabilitate or liquidate a domestic
insurer, or to liquidate the United States branch of an alien
insurer domiciled in this state, and he shall have the right to
recover the same and reduce the same to possession; except that
ancillary receivers in reciprocal states shall have, as to assets
located in their respective states, the rights and powers which are
hereinafter prescribed for ancillary receivers appointed in this
state as to assets located in this state.
(3) The filing or recording of the order directing possession
to be taken, or a certified copy thereof, in the office where
instruments affecting title to property are required to be filed or
recorded shall impart the same notice as would be imparted by a
deed, bill of sale, or other evidence of title duly filed or
recorded.
(4) The commissioner as domiciliary receiver shall be
responsible on his official bond for the proper administration of
all assets coming into his possession or control. The court may at
any time require an additional bond from him or his deputies if
deemed desirable for the protection of the assets.
(5) Upon taking possession of the assets of an insurer the
domiciliary receiver shall, subject to the direction of the court,
immediately proceed to conduct the business of the insurer or to
take such steps as are authorized by the laws of this state for the
purpose of liquidating, rehabilitating, reorganizing, or conserving
the affairs of the insurer.
(6) In connection with delinquency proceedings the
commissioner may appoint one or more special deputy commissioners
to act for him, and may employ such counsel, clerks, and assistants
as he deems necessary. The compensation of the special deputies,
counsel, clerks, or assistants and all expenses of taking
possession of the insurer and of conducting the proceedings shall
be fixed by the receiver, subject to the approval of the court, and
shall be paid out of the funds or assets of the insurer. Within
the limits of the duties imposed upon them special deputies shall
possess all the powers given to, and, in the exercise of those
powers, shall be subject to all of the duties imposed upon the
receiver with respect to such proceedings.
[1947 c 79 § .31.12; Rem. Supp. 1947 § 45.31.12. Formerly RCW 48.31.120.]