Revised Code of Washington
Wash. Rev. Code § 48.02.200 (2026)
When legal process against a person is served on the commission
✓ current as of May 2026
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(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.
[ 2010 c 18 s 5.]
Notes:
Effective date—2010 c 18: See note following RCW 48.15.070.
Notes of Decisions
Cited in 8
cases (4 in the last 5 years), 2013–2024 · leading case: Ohio Sec. Ins. Co. v. AXIS Ins. Co., 413 P.3d 1028 (Wash. 2018).
Ohio Sec. Ins. Co. v. AXIS Ins. Co., 413 P.3d 1028 (Wash. 2018). “080(7)(a), RCW 48.02.200, and RCW 48.05.200 establish service through the Washington State Insurance Commissioner as a uniform and exclusive means of service for authorized foreign or alien insurers in Washington State?" Order Certifying Question to Wash.”
Trinity Universal Ins. v. Ohio Cas. Ins., 312 P.3d 976 (Wash. Ct. App. 2013). “200 (requiring service on foreign insurer to be on insurance commissioner); RCW 48.02.200(2) (requiring commissioner to send a copy of the process by mail or other means reasonably calculated to give notice).”
Nathaniel D. Cumming, Apps v. United Servs. Auto. Assoc., Resp (Wash. Ct. App. 2020). “200(1)3 and that default was proper because USAA had failed to respond within the allotted 40 days as provided by RCW 48.02.200(4).4 The trial court found that USAA was properly served and failed to timely answer or appear, and it entered an order of default on April 20, 2018.”
Apro LLC v. HDI-Gerling Am. Ins. Co. (W.D. Wash. 2022). “RCW 48.02.200(2). The statute provides that OIC must do so by 26 sending a copy of the process by “mail, electronic means, or other means reasonably calculated 27 to give notice.”
Shangri-la Llc, V. Eagle West Ins. Co. (Wash. Ct. App. 2024). “And because Eagle West failed to “appear, plead, or otherwise defend within forty days of the date it was served,” the court “should therefore enter default against Eagle West under CR 55(1)(a) and RCW 48.02.200(4).” On the same day, a superior court commissioner granted…”
Capstone Training LLC v. Am. Fam. Ins. Co. (W.D. Wash. 2020). “) 3 Because Plaintiff has challenged the timing of Defendant’s removal of this matter, there 4 is conflicting evidence regarding the date Defendant received the complaint and summons, and 5 this issue may be easily resolved through the Commissioner’s verifiable evidence of…”
Pierson v. USAA (W.D. Wash. 2021). “200 and § 48.02.200(4), Defendant had 40 days from service of the summons and complaint upon the Commissioner to answer.”
Reger v. Century Nat'l Ins. Co. (W.D. Wash. 2022). “” RCW 48.02.200. The thirty-day 15 deadline for removal begins to run once the insurer receives the summons and complaint from 16 the Commissioner.”
— Wash. Rev. Code § 48.02.200(1)(a) — 1 case
Ohio Sec. Ins. Co. v. AXIS Ins. Co., 413 P.3d 1028 (Wash. 2018). “080(7)(a), RCW 48.02.200, and RCW 48.05.200 establish service through the Washington State Insurance Commissioner as a uniform and exclusive means of service for authorized foreign or alien insurers in Washington State?" Order Certifying Question to Wash.”
— Wash. Rev. Code § 48.02.200(2) — 2 cases
Trinity Universal Ins. v. Ohio Cas. Ins., 312 P.3d 976 (Wash. Ct. App. 2013). “200 (requiring service on foreign insurer to be on insurance commissioner); RCW 48.02.200(2) (requiring commissioner to send a copy of the process by mail or other means reasonably calculated to give notice).”
Apro LLC v. HDI-Gerling Am. Ins. Co. (W.D. Wash. 2022). “RCW 48.02.200(2). The statute provides that OIC must do so by 26 sending a copy of the process by “mail, electronic means, or other means reasonably calculated 27 to give notice.”
— Wash. Rev. Code § 48.02.200(4) — 3 cases
Nathaniel D. Cumming, Apps v. United Servs. Auto. Assoc., Resp (Wash. Ct. App. 2020). “200(1)3 and that default was proper because USAA had failed to respond within the allotted 40 days as provided by RCW 48.02.200(4).4 The trial court found that USAA was properly served and failed to timely answer or appear, and it entered an order of default on April 20, 2018.”
Shangri-la Llc, V. Eagle West Ins. Co. (Wash. Ct. App. 2024). “And because Eagle West failed to “appear, plead, or otherwise defend within forty days of the date it was served,” the court “should therefore enter default against Eagle West under CR 55(1)(a) and RCW 48.02.200(4).” On the same day, a superior court commissioner granted…”
Pierson v. USAA (W.D. Wash. 2021). “200 and § 48.02.200(4), Defendant had 40 days from service of the summons and complaint upon the Commissioner to answer.”
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