48.13.475 - Safeguarding securities -- Maintenance with a custodian -- Commissioner may order transfer -- Challenge to order -- Standing at hearing or for judicial review.

Safeguarding securities — Maintenance with a custodian — Commissioner may order transfer — Challenge to order — Standing at hearing or for judicial review.

(1) Notwithstanding the maintenance of securities with a custodian pursuant to agreement, if the commissioner:

     (a) Has reasonable cause to believe that the domestic insurer:

     (i) Is conducting its business and affairs in such a manner as to threaten to render it insolvent;

     (ii) Is in a hazardous condition or is conducting its business and affairs in a manner that is hazardous to its policyholders, creditors, or the public; or

     (iii) Has committed or is committing or has engaged or is engaging in any act that would constitute grounds for rendering it subject to rehabilitation or liquidation proceedings; or

     (b) Determines that irreparable loss and injury to the property and business of the domestic insurer has occurred or may occur unless the commissioner acts immediately;

then the commissioner may, without hearing, order the insurer and the custodian promptly to effect the transfer of the securities to another custodian approved by the commissioner. Upon receipt of the order, the custodian shall promptly effect the transfer of the securities. Notwithstanding the pendency of any hearing or request for hearing, the order shall be complied with by those persons subject to that order. Any challenge to the validity of the order shall be made under chapter 48.04 RCW, however, the stay of action provisions of RCW 48.04.020 do not apply. It is the responsibility of both the insurer and the custodian to oversee that compliance with the order is completed as expeditiously as possible. Upon receipt of an order, there shall be no trading of the securities without specific instructions from the commissioner until the securities are received by the new custodian, except to the extent trading transactions are in process on the day the order is received by the insurer and the failure to complete the trade may result in loss to the insurer's account. Issuance of an order does not affect the custodian's liabilities with regard to the securities that are the subject of the order.

     (2) No person other than the insurer has standing at the hearing by the commissioner or for any judicial review of the order.

[2008 c 234 § 5; 2000 c 221 § 6.]