§ 48.05.340 — Capital and surplus requirements.

Washington § 48.05.340

• Jurisdiction: Washington
• Title 48: INSURANCE
• Ch. 48.05: INSURERS—GENERAL REQUIREMENTS

Text

(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

(2) Capital and surplus requirements are based upon all the kinds of insurance transacted by the insurer wherever it operates or proposes to operate, whether or not only a portion of the kinds are to be transacted in this state.

(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.

Severability — Implementation — 1993 c 462: See RCW 48.31B.901 and 48.31B.902 .

Effective date — 1991 sp.s. c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [ 1991 sp.s. c 5 s 3 .]

Severability — 1982 c 181: See note following RCW 48.03.010 .

Legislative History

[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.]