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RCW 48.05.340

Capital and surplus requirements.

Applied in 2 court decisions — leading case 39 Wash. App. 333 - Sternoff Metals Corp. v. Vertecs Corp. (1984)

Most recently applied in Chicago Title Insurance v. Office of the Insurance Commissioner (August 2013)

2007 c 127 s 1; 2005 c 223 s 2; 1995 c 83 s 14; 1994 c 171 s 1; 1993 c 462 s 50; 1991 sp.s. c 5 s 1; 1982 c 181 s 3; 1980 c 135 s 1; 1967 c 150 s 5; 1963 c 195 s 7.

(1) Subject to RCW 48.05.350 to qualify for authority to transact any one kind of insurance as defined in chapter 48.11 RCW or combination of kinds of insurance as set forth in this subsection, a foreign or alien insurer, whether stock or mutual, or a domestic insurer must possess unimpaired paid-in capital stock, if a stock insurer, or unimpaired surplus if a mutual insurer, and additional funds in surplus, as follows, and must thereafter maintain unimpaired a combined total of: (a) The paid-in capital stock if a stock insurer or surplus if a mutual insurer, plus (b) additional funds in surplus equal to the total of the following initial requirements:

Life . . . .

Disability . . . .

Life and disability . . . .

Property . . . .

Marine & transportation . . . .

General casualty . . . .

Vehicle . . . .

Surety . . . .

Ocean marine and foreign trade . . . .

Any two of the following kinds of insurance: Property, marine & transportation, general casualty, vehicle, surety, ocean marine and foreign trade, disability . . . .

Multiple lines (all insurances except life and title insurance) . . . .

Title

(3) Until December 31, 1996, a foreign or alien insurer holding a certificate of authority to transact insurance in this state immediately prior to June 9, 1994, may continue to be authorized to transact the same kinds of insurance as long as it is otherwise qualified for that authority. A domestic insurer, except a title insurer, holding a certificate of authority to transact insurance in this state immediately prior to June 9, 1994, may continue to be authorized to transact the same kinds of insurance as long as it is otherwise qualified for such an authority and thereafter maintains unimpaired the amount of paid-in capital stock, if a stock insurer, or basic surplus, if a mutual or reciprocal insurer, and special or additional surplus as required of it under laws in force immediately prior to June 9, 1994. A domestic insurer that is acquired or merged must, immediately after completion of an acquisition or merger, meet the capital and surplus requirements of subsection (1) of this section. A domestic insurer, upon attaining the capital and surplus requirements of subsection (1) of this section, may not return to the capital and surplus requirements existing before June 9, 1994.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.