RCW 48.17.173
Nonresident license request -- Conditions for
approval -- Service of legal process.
(1) Unless denied licensure
under RCW 48.17.530, a nonresident person must receive a
nonresident producer license for the line or lines of authority
under RCW 48.17.170 which is substantially equivalent to the line
or lines of authority granted to the nonresident person in the
person's home state if:
(a) The person is currently licensed as a resident and in
good standing in the person's home state;
(b) The person has submitted the proper request for
licensure and has paid the fees required by RCW 48.14.010;
(c) The person has submitted or transmitted to the
commissioner a completed uniform application;
(d) The person's home state awards nonresident producer
licenses to residents of this state on the same basis; and
(e) A business entity, it has designated an individual
licensed insurance producer responsible for the business entity's
compliance with the insurance laws and rules of this state.
(2) An individual, as part of the request for licensure,
must furnish information concerning the individual's identity for
submission to the Washington state patrol, the federal bureau of
investigation, and any governmental agency or entity authorized
to receive this information for a state and national criminal
history background check. If, in the process of verifying
business records or other information, the commissioner's office
incurs fees or charges from another governmental agency or from a
business firm, the amount of the fees or charges must be paid to
the commissioner's office by the applicant.
(3) A nonresident business entity acting as a title
insurance agent is required to obtain a title insurance agent
license. Application must be made to the commissioner on the
uniform business entity application, and the individual
submitting the application must declare under penalty of refusal,
suspension, or revocation of the license that the statements made
in the application are true, correct, and complete to the best of
the individual's knowledge and belief. Before approving the
application, the commissioner must find that the business entity:
(a) Has paid the fees set forth in RCW 48.14.010;
(b) Maintains a lawfully established place of business in
its home state and holds a corresponding license issued by the
state of its principal place of business, and has complied with
the laws of this state governing the admission of foreign
corporations;
(c) Is empowered to be a title agent under a members'
agreement, if a limited liability company, or by its articles of
incorporation;
(d) Is appointed as an agent by one or more authorized title
insurance companies;
(e) Has complied with RCW 48.29.155 and 48.29.160; and
(f) Has designated an individual officer of the title
insurance agent to be responsible for the business entity's
compliance with the insurance laws and rules of this state.
(4) If the nonresident insurance producer applicant (a) has
a valid license from the applicant's home state and (b) the
applicant's home state awards nonresident insurance producer
licenses to residents of this state on the same basis, the
commissioner must waive any license application requirements,
except those imposed under this section.
(5) A nonresident insurance producer's satisfaction of the
nonresident insurance producer's home state's continuing
education requirements for licensed insurance producers
constitutes satisfaction of this state's continuing education
requirements if the nonresident producer's home state recognizes
the satisfaction of its continuing education requirements imposed
upon producers from this state on the same basis.
(6) The commissioner may verify the nonresident insurance
producer's licensing status through the producer database
maintained by the NAIC, its affiliates, or subsidiaries.
(7) A nonresident insurance producer who moves from one
state to another state or a resident producer who moves from this
state to another state must file a change of address and provide
certification from the new resident state within thirty days of
the change of legal residence. No fee or license application is
required.
(8) A person licensed as a limited line credit insurance or
other type of limited lines insurance producer in the person's
home state and who complies with the requirements of subsection
(1) of this section must receive a nonresident limited lines
insurance producer license, under subsection (1) of this section,
granting the same scope of authority as granted under the license
issued by the insurance producer's home state. For the purpose
of this subsection, "limited lines insurance" is any authority
granted by the home state which restricts the authority of the
license to the lines set out in RCW 48.17.170(1) (g) or (h).
(9) Each licensed nonresident insurance producer or title
insurance agent, by application for and issuance of a license, is
deemed to have appointed the commissioner as the insurance
producer's or title insurance agent's attorney to receive service
of legal process issued against the insurance producer or title
insurance agent in this state upon causes of action arising
within this state. Service upon the commissioner as attorney
constitutes effective legal service upon the insurance producer
or title insurance agent.
(a) The appointment of the commissioner as attorney is
irrevocable, binds any successor in interest or to the assets or
liabilities of the insurance producer or title insurance agent,
and remains in effect for as long as there could be any cause of
action against the insurance producer or title insurance agent
arising out of the insurance producer's or title insurance
agent's insurance transactions in this state.
(b) Service of legal process must be accomplished and
processed in the manner prescribed in RCW 48.02.200.
(10) The commissioner may require any documents reasonably
necessary to verify the information contained in an application
and may, from time to time, require any licensed insurance
producer or title insurance agent to produce the information
called for in an application for license.
[2010 c 18 § 3; 2009 c 162 § 20; 2007 c 117 § 13.]
NOTES:
Effective date -- 2010 c 18: See note following RCW 48.15.070.
Effective date -- 2009 c 162: See note following RCW 48.03.020.