Wash. Rev. Code » Title 48 · Chapter 48.32
Revised Code of Washington

Wash. Rev. Code § 48.32.030 (2026)

Definitions

✓ current as of May 2026
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As used in this chapter:
(1) "Account" means one of the three accounts created in RCW 48.32.040.
(2) "Association" means the Washington insurance guaranty association created in RCW 48.32.040.
(3) "Commissioner" means the insurance commissioner of this state.
(4) "Covered claim" means:
(a) Except for longshore and harbor workers' compensation act insurance, an unpaid claim, including one for unearned premiums, that arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if such insurer becomes an insolvent insurer after the first day of April, 1971 and (i) the claimant or insured is a resident of this state at the time of the insured event; or (ii) the property from which the claim arises is permanently located in this state. "Covered claim" does not include any amount due any reinsurer, insurer, insurance pool, or underwriting association, as subrogation recoveries or otherwise. However, a claim for any such amount asserted against a person insured under a policy issued by an insurer which has become an insolvent insurer, which, if it were not a claim by or for the benefit of a reinsurer, insurer, insurance pool, or underwriting association, would be a "covered claim" may be filed directly with the receiver of the insolvent insurer, but in no event may any such claim be asserted in any legal action against the insured of such insolvent insurer. In addition, "covered claim" does not include any claim filed with the association subsequent to the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer; and
(b) For longshore and harbor workers' compensation act insurance, an unpaid claim, excluding one for unearned premiums, for benefits due an injured worker under the longshore and harbor workers' compensation act that is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if that insurer becomes an insolvent insurer after April 20, 2005, and (i) the worksite from which the injury occurred is within this state or on the navigable waters within or immediately offshore of this state, or (ii) the worksite from which the injury occurred is outside this state, the injured worker is a permanent resident of this state, the injured worker is temporarily working at the worksite from which the injury occurred, and the injured worker is not covered under a policy of longshore and harbor workers' compensation insurance issued in another state. "Covered claim" does not include any amount due any insurer, reinsurer, insurance pool, or underwriting association, as subrogation recoveries or otherwise.
(5) "Insolvent insurer" means:
(a) An insurer (i) authorized to transact insurance in this state either at the time the policy was issued or when the insured event occurred and (ii) determined to be insolvent and ordered liquidated by a court of competent jurisdiction, and which adjudication was subsequent to the first day of April, 1971; and
(b) In the case of an insurer writing longshore and harbor workers' compensation act insurance, an insurer (i) authorized to write this class of insurance at the time the policy was written and (ii) determined to be insolvent and ordered liquidated by a court of competent jurisdiction subsequent to April 20, 2005.
(6) "Longshore and harbor workers' compensation act" means the longshore and harbor workers' compensation act as defined in U.S.C. Title 33, Chapter 18, 901 et seq. and its extensions commonly known as the defense base act, outer continental shelf lands act, nonappropriated funds instrumentalities act, District of Columbia workers' compensation act, and the war hazards act.
(7) "Member insurer" means any person who (a) writes any kind of insurance to which this chapter applies under RCW 48.32.020, including the exchange of reciprocal or interinsurance contracts, and (b) holds a certificate of authority to transact insurance in this state.
(8) "Net direct written premiums" means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. "Net direct written premiums" does not include premiums on contracts between insurers or reinsurers.
(9) "Person" means any individual, corporation, partnership, association, or voluntary organization.
[ 2005 c 100 s 3; 1975-'76 2nd ex.s. c 109 s 3; 1971 ex.s. c 265 s 3.]
Notes of Decisions
Cited in 21 cases, 1978–2005 · leading case: Agency Budget Corp. v. Washington Ins. Guar. Ass'n, 610 P.2d 361 (Wash. 1980).
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Agency Budget Corp. v. Washington Ins. Guar. Ass'n, 610 P.2d 361 (Wash. 1980). · cites it 12× “At issue in this declaratory judgment action is the meaning and applicability of a '"covered claim"', as that term is used in the Washington Insurance Guaranty Association Act, RCW 48.32.030(4) (Laws of 1975, 2d Ex. Sess.”
Washington Ins. Guar. Ass'n v. Dep't of Labor & Indus., 859 P.2d 592 (Wash. 1993). · cites it 6× “RCW 48.32.030(4). The resolution of this case turns on whether the Department acts as an "insurer" by administering our workers' compensation laws.”
Seattle-First Nat'l Bank v. Washington Ins. Guar. Ass'n, 972 P.2d 1282 (Wash. Ct. App. 1999). · cites it 5× “11 See RCW 48.32.030 (4); 48.32.060. RVI does not insure an ongoing risk, but rather “insures a definite, minimum value of an identified asset at a specific date in the future.”
Washington Ins. Guar. Ass'n v. McKinstry Co., 784 P.2d 190 (Wash. Ct. App. 1990). · cites it 3× “which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if such insurer becomes an insolvent insurer after the first day of April, 1971 RCW 48.”
Prutzman v. Armstrong, 579 P.2d 359 (Wash. 1978). · cites it 2× “Appellant's claim would appear to meet the definition of a covered claim, RCW 48.32.030(4). 2 To obtain compensation from the WIGA, however, a party must first comply *122 with RCW 48.”
Washington Ins. Guar. Ass'n v. Mullins, 816 P.2d 61 (Wash. Ct. App. 1991). · cites it 3× “WIGA contends the trial court erred in granting summary judgment for Mullins in holding as a matter of law that Mullins' claim was a "covered claim" pursuant to RCW 48.32.030(4). The Act is designed to relieve the hardship caused insureds by the insolvency of an insurance…”
Proios v. Bokeir, 863 P.2d 1363 (Wash. Ct. App. 1993). · cites it 4× “030(4) provides, in pertinent part: "Covered claim" means an unpaid claim, including one for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if such insurer becomes an insolvent insurer…”
Stamp v. Dep't of Labor & Indus., 859 P.2d 597 (Wash. 1993). · cites it 2× “See RCW 48.32.030; ORS § 734.510 (1991). Similarly, if either entity is determined to be an "insurer", then that party's Hen would not be a covered claim under the law of either state.”
Vaughn v. Vaughn, 597 P.2d 932 (Wash. Ct. App. 1979). · cites it 2× “3 This statement is too broad. Under the act, the Association is liable only for "covered claims.”
Gauthier v. Champion Ins. Co., 583 So. 2d 556 (La. Ct. App. 1991). · cites it 2× “' RCW 48.32.030(4). As the courts of this state have uniformly held that an action by an insured against his carrier for bad faith in handling a claim or suit sounds in tort rather than contract, (Citations omitted), we must conclude that a claim for such damages is not a…”
Veillon v. Louisiana Ins. Guar. Ass'n, 608 So. 2d 670 (La. Ct. App. 1992). · cites it 2× “' RCW 48.32.030(4). As the courts of this state have uniformly held that an action by an insured against his carrier for bad faith in handling a claim or suit sounds in tort rather than contract, (Citations omitted), we must conclude that a claim for such damages is not a…”
Williams v. Champion Ins. Co., 590 So. 2d 736 (La. Ct. App. 1991). · cites it 2× “' RCW 48.32.030(4). As the courts of this state have uniformly held that an action by an insured against his carrier for bad faith in handling a claim or suit sounds in tort rather than contract, (Citations omitted), we must conclude that a claim for such damages is not a…”
Show all 21 citing cases →
— Wash. Rev. Code § 48.32.030(4) — 19 cases
Agency Budget Corp. v. Washington Ins. Guar. Ass'n, 610 P.2d 361 (Wash. 1980). “At issue in this declaratory judgment action is the meaning and applicability of a '"covered claim"', as that term is used in the Washington Insurance Guaranty Association Act, RCW 48.32.030(4) (Laws of 1975, 2d Ex. Sess.”
Washington Ins. Guar. Ass'n v. Dep't of Labor & Indus., 859 P.2d 592 (Wash. 1993). “RCW 48.32.030(4). The resolution of this case turns on whether the Department acts as an "insurer" by administering our workers' compensation laws.”
Seattle-First Nat'l Bank v. Washington Ins. Guar. Ass'n, 972 P.2d 1282 (Wash. Ct. App. 1999). “11 See RCW 48.32.030 (4); 48.32.060. RVI does not insure an ongoing risk, but rather “insures a definite, minimum value of an identified asset at a specific date in the future.”
Washington Ins. Guar. Ass'n v. McKinstry Co., 784 P.2d 190 (Wash. Ct. App. 1990). “which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if such insurer becomes an insolvent insurer after the first day of April, 1971 RCW 48.”
Prutzman v. Armstrong, 579 P.2d 359 (Wash. 1978). “Appellant's claim would appear to meet the definition of a covered claim, RCW 48.32.030(4). 2 To obtain compensation from the WIGA, however, a party must first comply *122 with RCW 48.”
— Wash. Rev. Code § 48.32.030(5) — 3 cases
Marks v. Washington Ins. Guar. Ass'n, 94 P.3d 352 (Wash. Ct. App. 2004).
Marks v. Washington Ins. Guar. Ass'n, 123 Wash. App. 274 (Wash. Ct. App. 2004).
Smith v. Washington Ins. Guar. Ass'n, 890 P.2d 1060 (Wash. Ct. App. 1995).
— Wash. Rev. Code § 48.32.030(5)(b) — 1 case
Thornock v. Pack River Mgmt. Co., 790 F. Supp. 1014 (D. Mont. 1990).
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