Definitions
These definitions relate to insurance companies and certain other types of companies which are related to the insurance industry. For the purposes of this article, the words “insurance” and “authorized” may be used interchangeably.
- A domestic authorized company is formed under the laws of Washington State.
- A foreign authorized company is formed under the laws of the United States or the District of Columbia, but in a state or territory other than Washington State.
- An alien authorized company is formed under the laws of a nation other than the United States.
Service on Domestic Insurance Companies
RCW 4.28.080(6)
If against a domestic insurance company, to any agent authorized by such company to solicit insurance within this state.
As noted above, a domestic insurance company is any insurance company formed under the laws of the state of Washington. See RCW 48.05.010.
Therefore, any agent who can “solicit” business for such an insurance company (sell policies for) is someone to whom the summons can be presented and thus achieve service on the company. For example, the insurance company could be based in Seattle but service can be obtained by presentation of the summons to an authorized agent in Spokane.
Interestingly and of some importance, insurance companies do not have registered agents.
Other Insurance Related Entities
In 2011 RCW 4.28.080(7) under went a number of substantial changes. Prior to that time it had consisted of a single sentence and related only to foreign and alien insurance companies. The changes resulted in a dramatic increase in the size of the subsection.
| (7) | (a) | If against an unauthorized foreign or alien insurance company, as provided in RCW 48.05.200. |
| (b) | If against an unauthorized insurer, as provided in RCW 48.05.215 and RCW 48.15.150. | |
| (c) | If against a reciprocal insurer, as provided in RCW 48.10.170. | |
| (d) | If against a nonresident surplus line broker, as provided in RCW 48.15.073. | |
| (e) | If against a nonresident insurance producer or title insurance agent, as provided in RCW 48.17.173. | |
| (f) | If against a nonresident adjuster, as provided in RCW 48.17.380. | |
| (g) | If against a fraternal benefit society, as provided in RCW 48.36A.350. | |
| (h) | If against a nonresident reinsurance intermediary, as provided in RCW 48.94.010. | |
| (i) | If against a nonresident life settlement provider, as provided in RCW 48.102.011. | |
| (j) | If against a nonresident life settlement broker, as provided in RCW 48.102.021. | |
| (k) | If against a service contract provider, as provided in RCW 48.110.030. | |
| (l) | If against a protection product guarantee provider, as provided in RCW 48.110.055. | |
| (m) | If against a discount plan organization, as provided in RCW 48.155.020. |
Fortunately the method of serving this laundry list of insurance related entities is the same in all 13 cases. Service is controlled by RCW 48.02.200.
RCW 48.02.200
When legal process against a person is served on the commission.
| (1) |
Legal process against a person (a) for whom the commissioner has been appointed attorney for service of process, or (b) who may be served by service of process upon the commissioner, must be served upon the commissioner either by a person competent to serve a summons or by registered mail. At the time of service, the plaintiff must pay to the commissioner ten dollars, taxable as costs in the action. |
| (2) |
As soon as practicable, the commissioner must send or make available a copy of the process to the person on whose behalf he or she has been served by mail, electronic means, or other means reasonably calculated to give notice. The copy must be sent or made available in a manner that is secure and with a receipt that is verifiable. |
| (3) |
The commissioner must keep a record of the day and hour of service upon him or her of all legal process. |
| (4) |
Proceedings must not be had against the person, and the person must not be required to appear, plead, or answer until the expiration of forty days after the date of service upon the commissioner. |
| (5) |
The commissioner may adopt rules to implement this section. |
Thus service is straight forward, service on (presentation to) the Insurance Commissioner is service on any of the 13 entities named in RCW 4.28.080(7).
Note subsection 5 of RCW 48.02.200. The Insurance Commissioner has the power to adopt rules which may influence some of the details of service. According to the Commissioner’s website there are two additional requirements and these are:
- A cover letter stating the name of the person or entity being served and which documents are attached (example attachments: summons, complaint, case schedule, etc.).
- Two sets of all documents for each entity or person you are serving. Example: If you are serving one insurer, submit two sets. If you are serving two insurers, submit four sets of documents = two insurers X two sets.
These requirements are subject to change without legislative action since they have to do with the manner in which the Commissioner implements the statute.
Therefore, for an effective service to be made on one of the entities it is necessary to present the Commissioner with two copies of the service documents, a cover letter, and a fee of $10. The fee is required by statute (see above) and the extra copy and cover letter are required by the Commissioner’s rule making ability.
Without any one of these it is possible the service could fail. Although it is your client’s responsibility to provide these items, it is valuable for a professional process server to be aware of these details. For instance, suppose your client retains you to serve a foreign insurance company but does not provide you with the $10 fee. Your mentioning this fact will greatly increase your standing in your client’s eyes.
Authorized Foreign or Alien Insurance Companies
Despite the fact that RCW 4.28.080(7) now lists out 13 types of insurance entities it fails to mention 2 very important types which were the precise 2 which were listed prior to the amendment of the statute, those being authorized foreign and authorized alien insurance companies. Fortunately they are accounted for in the following RCW.
RCW 48.05.200
Commissioner as attorney for service of process — Exception.
| (1) |
Each authorized foreign or alien insurer must appoint the commissioner as its attorney to receive service of, and upon whom 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. Service of legal process against the insurer can be had only by service upon the commissioner, except actions upon contractor bonds pursuant to RCW 18.27.040, where service may be upon the department of labor and industries. |
| (2) |
With the appointment the insurer must designate by name, e-mail address, and address the person to whom the commissioner must forward legal process so served upon him or her. The insurer may change the person by filing a new designation. |
| (3) |
The insurer must keep the designation, address, and e-mail address filed with the commissioner current. |
| (4) |
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 therefrom. |
| (5) |
The service of process must be accomplished and processed in the manner prescribed under RCW 48.02.200. |
The first paragraph is nicely specific and lets us conclude that there are 15 types of insurance related entities which may be served via presentation to the Insurance Commissioner.
One Last Note
Several of the insurance entity types discussed here may be served in a manner other than via the Insurance Commissioner. Although very unlikely, if you should come across a service assignment which involves such a service, you should speak with your client to make certain their instructions have been researched properly. If you are interested in following up on this yourself simply follow the links provided above in RCW 4.28.080(7).
Service Instructions Summary
Domestic Insurance Company
Present the documents to:
| Who | When & Where | |
| 1. | An agent who can sell their policies |
Anytime Anywhere |
NOTE: Insurance brokers (people or companies who sell policies) are usually not insurance companies. Do not confuse agents and brokers with the insurance company itself.
NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.
Foreign or Alien Insurance Company
Present the documents to:
| Who | When & Where | |
| 1. | The insurance commissioner |
Anytime Anywhere |
NOTE: Service must include two copies of the documents, a cover letter, and a fee of $10.00.
NOTE: Insurance brokers (people or companies who sell policies) are usually not insurance companies. Do not confuse agents and brokers with the insurance company itself.
NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.
Follow this link to the Insurance Commissioner’s website’s article on serving insurance companies.
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