RCW 4.28.080(14)
If against a self-insurance program regulated by chapter 48.62 RCW, as provided in chapter 48.62 RCW.
A question immediately presents itself: What is a self-Insurance program?
The following RCW provides a definition of the type of entity being discussed here.
RCW 48.62.011 (in part)
This chapter is intended to provide the exclusive source of local government entity authority to individually or jointly self-insure risks, jointly purchase insurance or reinsurance, and to contract for risk management, claims, and administrative services.
Therefore, the self-insurance program being discussed relates solely to those created by local government entities under the provisions of 48.62 RCW. Note, it is the program, not the local governmental entity, being served in this situation. Such a service assignment is quite rare but it is important to recognize one when it presents itself.
A review of the specified RCW finds:
| (6) |
Every joint self-insurance program governed by this chapter shall appoint the risk manager as its attorney to receive service of, and upon whom shall be served, all legal process issued against it in this state upon causes of action arising in this state. | |
| (a) |
Service upon the risk manager as attorney shall constitute service upon the program. Service upon joint insurance programs subject to chapter 30, Laws of 1991 1st sp. sess. can be had only by service upon the risk manager. At the time of service, the plaintiff shall pay to the risk manager a fee to be set by the risk manager, taxable as costs in the action. | |
| (b) | With the initial filing for approval with the risk manager, each joint self-insurance program shall designate by name and address the person to whom the risk manager shall forward legal process so served upon him or her. The joint self-insurance program may change such person by filing a new designation. | |
| (c) | The appointment of the risk manager as attorney shall be irrevocable, shall bind any successor in interest or to the assets or liabilities of the joint self-insurance program, and shall remain in effect as long as there is in force in this state any contract made by the joint self-insurance program or liabilities or duties arising therefrom. | |
| (d) | The risk manager shall keep a record of the day and hour of service upon him or her of all legal process. A copy of the process, by registered mail with return receipt requested, shall be sent by the risk manager, to the person designated for the purpose by the joint self-insurance program in its most recent such designation filed with the risk manager. No proceedings shall be had against the joint self-insurance program, and the program shall not be required to appear, plead, or answer, until the expiration of forty days after the date of service upon the risk manager. | |
The most important piece of information, from the process server’s point of view, is the answer to the question “Who is the risk manager?”
RCW 48.62.021
(6) “State risk manager” means the risk manager of the risk management division within the office of financial management.
The only way to serve such a “self-insurance program” is by presentation of the documents to the risk manager of the Risk Management Division within the Office of Financial Management.
It is important to note the risk manager is allowed to collect a fee from the plaintiff at the time of service. The fee is not set by statute but by the risk manager. Therefore it is important to contact the office of the risk manager to determine the amount of money needed to cover the current fee.
Service Instructions Summary
Present the documents to:
| Who | When & Where | |
| 1. | The risk manager for the program | Anytime Anywhere |
NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.
This quiz is for logged in users only.
This is a rough diagram of a typical courtroom in the state of Washington. Courtrooms vary a great deal from city to city and county to county but they all have the same basic structure.
Â