(1) Any foreign or alien insurer not
authorized by the commissioner, whether it be a surplus lines
insurer operating under chapter 48.15 RCW or not, who, by mail or
otherwise, solicits insurance business in this state or transacts
insurance business in this state as defined by RCW 48.01.060,
thereby submits itself to the jurisdiction of the courts of this
state in any action, suit, or proceeding instituted by or on
behalf of an insured, beneficiary or the commissioner arising out
of an unauthorized solicitation of insurance business, including,
but not limited to, an action for injunctive relief by the
commissioner.
(2) In any action, suit, or proceeding instituted by or on
behalf of an insured or beneficiary, service of legal process
against an unauthorized foreign or alien insurer must be
accomplished and processed in the manner prescribed under RCW 48.02.200. The defendant insurer has forty days from the date of
the service on the commissioner within which to plead, answer, or
otherwise defend the action.
(3) In any such action, suit, or proceeding by the
commissioner, service of legal process against an unauthorized
foreign or alien insurer may be made by personal service of legal
process upon any officer of such insurer at its last known
principal place of business outside the state of Washington. The
summons upon an unauthorized foreign or alien insurer must
contain the same requisites and be served in like manner as
personal summons within the state of Washington; except, the
insurer has forty days from the date of personal service within
which to plead, answer, or otherwise defend the action.
[2011 c 47 § 6; 1981 c 339 § 4; 1967 c 150 § 3.]