(1) Each authorized reciprocal insurer must appoint the commissioner as its attorney to receive service of, and upon whom service must be served, all legal process issued against it in this state upon causes of action arising within this state. Service upon the commissioner as attorney constitutes service upon the insurer.

Terms Used In Washington Code 48.10.170

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: as used in this chapter refers to the attorney-in-fact of a reciprocal insurer. See Washington Code 48.10.080
  • Contract: A legal written agreement that becomes binding when signed.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Service of process: The service of writs or summonses to the appropriate party.
(2) With the appointment the insurer must designate the person to whom the commissioner must forward legal process so served upon him or her.
(3) The appointment of the commissioner as attorney is irrevocable, binds any successor in interest or to the assets or liabilities of the insurer, and remains in effect as long as there is in force in this state any contract made by the insurer or liabilities or duties arising under that contract.
(4) The service of process must be accomplished and processed in the manner prescribed under RCW 48.02.200.
(5) In lieu of service on the commissioner, legal process may be served upon a domestic reciprocal insurer by serving the insurer’s attorney at his or her principal offices.
(6) Any judgment against the insurer based upon legal process so served is binding upon each of the insurer’s subscribers as their respective interests may appear and in an amount not exceeding their respective contingent liabilities.
[ 2011 c 47 § 7; 2009 c 549 § 7042; 1947 c 79 § .10.17; Rem. Supp. 1947 § 45.10.17.]