(1) In all cases of mutual debts or
mutual credits between the insurer and another person in
connection with any action or proceeding under this chapter, such
credits and debts shall be set off and the balance only shall be
allowed or paid, except as provided in subsection (2) of this
section.
(2) No offset shall be allowed in favor of any such person
where (a) the obligation of the insurer to such person would not
at the date of the entry of any liquidation order, or otherwise,
as provided in RCW 48.31.260, entitle him or her to share as a
claimant in the assets of the insurer, or (b) the obligation of
the insurer to such person was purchased by or transferred to
such person with a view of its being used as an offset, or (c)
the obligation of such person is to pay an assessment levied
against the members of a mutual insurer, or against the
subscribers of a reciprocal insurer, or is to pay a balance upon
a subscription to the capital stock of a stock insurer.
[2009 c 549 § 7133; 1947 c 79 § .31.29; Rem. Supp. 1947 § 45.31.29.]