48.31.121 - Court order for a formal delinquency proceeding -- Commissioner may petition -- Insurer may petition for hearing and review.

Court order for a formal delinquency proceeding — Commissioner may petition — Insurer may petition for hearing and review.

(1) The commissioner may petition the court alleging, with respect to a domestic insurer:

     (a) That there exists a ground that would justify a court order for a formal delinquency proceeding against an insurer under this chapter;

     (b) That the interests of policyholders, creditors, or the public will be endangered by delay; and

     (c) The contents of an order deemed necessary by the commissioner.

     (2) Upon a filing under subsection (1) of this section, the court may issue forthwith, ex parte and without a hearing, the requested order that shall: Direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business; and until further order of the court enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the commissioner.

     (3) The court shall specify in the order what the order's duration shall be, which shall be such time as the court deems necessary for the commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold hearings it deems desirable after such notice as it deems appropriate, and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter vacates the seizure order.

     (4) Entry of a seizure order under this section does not constitute an anticipatory breach of a contract of the insurer.

     (5) An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of an order under this section for a hearing and review of the order. The court shall hold the hearing and review not more than fifteen days after the request. A hearing under this subsection may be held privately in chambers, and it must be so held if the insurer proceeded against so requests.

     (6) If, at any time after the issuance of an order under this section, it appears to the court that a person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given does not stay the effect of an order previously issued by the court.

[1993 c 462 § 61.]

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