Wash. Rev. Code » Title 48 · Chapter 48.05
Revised Code of Washington

Wash. Rev. Code § 48.05.215 (2026)

✓ current as of May 2026
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(1) Any foreign or alien insurer not authorized by the commissioner, whether it be a surplus lines insurer operating under chapter 48.15 RCW or not, who, by mail or otherwise, solicits insurance business in this state or transacts insurance business in this state as defined by RCW 48.01.060, thereby submits itself to the jurisdiction of the courts of this state in any action, suit, or proceeding instituted by or on behalf of an insured, beneficiary or the commissioner arising out of an unauthorized solicitation of insurance business, including, but not limited to, an action for injunctive relief by the commissioner.
(2) In any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary, service of legal process against an unauthorized foreign or alien insurer must be accomplished and processed in the manner prescribed under RCW 48.02.200. The defendant insurer has forty days from the date of the service on the commissioner within which to plead, answer, or otherwise defend the action.
(3) In any such action, suit, or proceeding by the commissioner, service of legal process against an unauthorized foreign or alien insurer may be made by personal service of legal process upon any officer of such insurer at its last known principal place of business outside the state of Washington. The summons upon an unauthorized foreign or alien insurer must contain the same requisites and be served in like manner as personal summons within the state of Washington; except, the insurer has forty days from the date of personal service within which to plead, answer, or otherwise defend the action.
[ 2011 c 47 s 6; 1981 c 339 s 4; 1967 c 150 s 3.]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1999–2025 · leading case: Ohio Sec. Ins. Co. v. AXIS Ins. Co., 413 P.3d 1028 (Wash. 2018).
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Ohio Sec. Ins. Co. v. AXIS Ins. Co., 413 P.3d 1028 (Wash. 2018). · cites it 2× “4 The question was whether former RCW 48.05.215 (1981), rather than the statute at *355 issue here, RCW 48.”
Prof'l Marine Co. v. Those Certain Underwriters, 77 P.3d 658 (Wash. Ct. App. 2003). · cites it 2× “25 The trial court rejected this argument based on the express provisions of the insurance policy, RCW 48.05.215 (authorizing suit against out of state insurers), and because [t]he body of the complaint, the caption, and the service of the complaint provide sufficient notice to…”
Powell v. Sphere Drake Ins. P.L.C., 988 P.2d 12 (Wash. Ct. App. 1999). “” RCW 48.05.215(2) states that “service of legal process against such unauthorized foreign or alien insurer may be made by service of duplicate copies of legal process on the [state insurance] commissioner.”
PMC v. Those Certain Underwriters at Lloyd's, 77 P.3d 658 (Wash. Ct. App. 2003). “Lloyd's claims that the trial court lacked personal jurisdiction and the judgment is therefore, unenforceable and void.”
Powell v. Sphere Drake Ins. PLC, 988 P.2d 12 (Wash. Ct. App. 1999). “" RCW 48.05.215(2) states that "service of legal process against such unauthorized foreign or alien insurer may be made by service of duplicate copies of legal process on the [state insurance] commissioner.”
Schaal v. IAT Ins. Grp. Inc (E.D. Wash. 2025). · cites it 9× “Schaal contends the federal diversity jurisdiction statute, § 1332(a)(1), 11 conflicts with a Washington statute, RCW 48.05.215(1). Ms. Schaal argues RCW 12 48.”
— Wash. Rev. Code § 48.05.215(1) — 2 cases
Prof'l Marine Co. v. Those Certain Underwriters, 77 P.3d 658 (Wash. Ct. App. 2003). “25 The trial court rejected this argument based on the express provisions of the insurance policy, RCW 48.05.215 (authorizing suit against out of state insurers), and because [t]he body of the complaint, the caption, and the service of the complaint provide sufficient notice to…”
Schaal v. IAT Ins. Grp. Inc (E.D. Wash. 2025). “Schaal contends the federal diversity jurisdiction statute, § 1332(a)(1), 11 conflicts with a Washington statute, RCW 48.05.215(1). Ms. Schaal argues RCW 12 48.”
— Wash. Rev. Code § 48.05.215(2) — 3 cases
Ohio Sec. Ins. Co. v. AXIS Ins. Co., 413 P.3d 1028 (Wash. 2018). “4 The question was whether former RCW 48.05.215 (1981), rather than the statute at *355 issue here, RCW 48.”
Powell v. Sphere Drake Ins. P.L.C., 988 P.2d 12 (Wash. Ct. App. 1999). “” RCW 48.05.215(2) states that “service of legal process against such unauthorized foreign or alien insurer may be made by service of duplicate copies of legal process on the [state insurance] commissioner.”
Powell v. Sphere Drake Ins. PLC, 988 P.2d 12 (Wash. Ct. App. 1999). “" RCW 48.05.215(2) states that "service of legal process against such unauthorized foreign or alien insurer may be made by service of duplicate copies of legal process on the [state insurance] commissioner.”
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