Revised Code of Washington

Wash. Rev. Code § 48.01.050 (2026)

"Insurer" defined

✓ current as of May 2026
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"Insurer" as used in this code includes every person engaged in the business of making contracts of insurance, other than a fraternal benefit society. A reciprocal or interinsurance exchange is an "insurer" as used in this code. Two or more hospitals that join and organize as a mutual corporation pursuant to chapter 24.06 RCW for the purpose of insuring or self-insuring against liability claims, including medical liability, through a contributing trust fund are not an "insurer" under this code. Two or more local governmental entities, under any provision of law, that join together and organize to form an organization for the purpose of jointly self-insuring or self-funding are not an "insurer" under this code. Two or more affordable housing entities that join together and organize to form an organization for the purpose of jointly self-insuring or self-funding under chapter 48.64 RCW are not an "insurer" under this code. Two or more persons engaged in the business of commercial fishing who enter into an arrangement with other such persons for the pooling of funds to pay claims or losses arising out of loss or damage to a vessel or machinery used in the business of commercial fishing and owned by a member of the pool are not an "insurer" under this code. Two or more nonprofit corporations that join together and organize to form an organization for the purpose of jointly self-insuring or self-funding for property and liability risks under chapter 48.180 RCW are not an "insurer" under this code.
[ 2015 c 109 s 1; 2009 c 314 s 19; 2003 c 248 s 1; 1990 c 130 s 1; 1985 c 277 s 9; 1979 ex.s. c 256 s 13; 1975-'76 2nd ex.s. c 13 s 1; 1947 c 79 s .01.05; Rem. Supp. 1947 s 45.01.05.]

Notes:

Effective date2009 c 314: See RCW 48.64.900.
Retrospective application1985 c 277: "This act applies retrospectively to group self-funded plans formed on or after January 1, 1983." [ 1985 c 277 s 10.]
"Domestic," "foreign," "alien" insurers defined: RCW 48.05.010.
Merger, rehabilitation, liquidation situations"Insurer" defined: RCW 48.31.020, 48.99.010.
"Reciprocal insurance, insurer" defined: RCW 48.10.010, 48.10.020.
Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 1985–2026 · leading case: Carlton Gunn v. Cont'l Cas. Co., 968 F.3d 802 (7th Cir. 2020).
Carlton Gunn v. Cont'l Cas. Co., 968 F.3d 802 (7th Cir. 2020). “More than one state has at least arguable interests in such national policies and the individual certificates issued under them.”
William Merriman, et ux v. Am. Guarantee & Liab. Ins. Co., 396 P.3d 351 (Wash. Ct. App. 2017). · cites it 2× “" RCW 48.01.050 (emphasis added). 35 No. 33929-7-111 Merriman v.”
Bordeaux, Inc. v. Am. Saf. Ins. Co., 186 P.3d 1188 (Wash. Ct. App. 2008). “[10] RCW 48.01.050. [11] Stamp v. Dep't of Labor & Indus.”
Bordeaux, Inc. v. Am. Saf. Ins., 145 Wash. App. 687 (Wash. Ct. App. 2008). “RCW 48.01.050. Stamp v. Dep’t of Labor & Indus.”
Hepler v. CBS, INC., 696 P.2d 596 (Wash. Ct. App. 1985). · cites it 2× “" Given the fact the long-term disability plan is an in-house program for the sole benefit of CBS employees, CBS cannot reasonably be perceived as being in the insurance business within the meaning of RCW 48.”
Washington Ins. Guar. Ass'n v. Dep't of Labor & Indus., 859 P.2d 592 (Wash. 1993). “"Insurance" is defined as "a contract whereby one undertakes to indemnify another or pay a specified amount upon determinable contingencies".”
Armed Citizens' Legal Def. Network, Inc, App V. Off. Of Ins. Comm'r, Resp (Wash. Ct. App. 2023). · cites it 2× “[ACLDN] offers, are specifically exempt from the definition of ‘Insurance’ under RCW 48.01.050.” Statement of Additional Auth.”
BDR Clyde Hill VII LLC v. Cont'l W. Ins. Co. (W.D. Wash. 2020). · cites it 2× “2019) (defining an insurer as “[s]omeone who 23 agrees, by contract, to assume the risk of another’s loss and to compensate for that loss”) 24 (emphasis added).”
Craig R. Jolley, Dmd, Pllc, V. State Of Wa Off. Of Ins Comm'r (Wash. Ct. App. 2025). · cites it 2× “” RCW 48.01.050. Nobody may act as an insurer without authorization from the OIC.”
May v. Honeywell Int'l, Inc., 331 F. App'x 526 (9th Cir. 2009). “2 (1985) (“Given the fact the long- *530 term disability plan is an in-house program for the sole benefit of CBS employees, CBS cannot reasonably be perceived as being in the insurance business within the meaning of RCW 48.01.050. Therefore, the provisions of the insurance code…”
Alex Jones v. St. Paul Fire & Marine Ins. (9th Cir. 2017). “See Wash. Rev. Code § 48.01.050 . Jones’s and Vargas’s alternative bases for extra-contractual duties are unpersuasive.”
Carlton Gunn v. Cont'l Cas. Co. (7th Cir. 2020). “More than one state has at least arguable interests in such national policies and the individual certificates issued under them.”
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