Consumers

Who you can serve through our agency

You can serve insurance companies, agencies and producers through our office, including those that are:

• Authorized or unauthorized
• Foreign (out-of-state) or alien (out-of-country)

We can't accept service of legal process for a domestic company. You'll need to serve them through an agent they authorize.

How to serve an insurer

To serve a foreign or alien insurer, please mail or deliver the following to us:

• A cover letter explaining who you're serving and the documents you're attaching (e.g., summons, complaint, case schedule).
• Two sets of all documents for each insurer you're serving. For example, if you're serving one insurer, submit two sets. If you're serving two insurers, submit four sets.
• A $10 check or money order for each insurer you're serving. Make them payable to Washington State Office of the Insurance Commissioner. If you're serving multiple insurers, submit a separate payment for each.

Where to submit or mail your service of legal process

Use one of the following options to get your service of legal process:

• Certified mail with a return receipt
• Registered mail
• A person who is 18 years or older and can serve a summons

Mailing address

Office of the Insurance Commissioner
Service of Legal Process
P.O. Box 40255
Olympia, WA 98504-0255

Street address

Office of the Insurance Commissioner
Service of Legal Process
5000 Capitol Blvd. SE
Tumwater, WA 98501

What to expect after you submit your service of legal process

We try to process your service of legal process within three business days after receiving your documents and payment. After processing, we will:

• Send a set of documents and a certificate of service to the insurer's contact for legal notice
• Send your attorney a copy of the certificate of service
• Keep all records for one year

The insurer has 40 days to plead, answer or otherwise defend the action. This period starts the day we accept your service of legal process.

Service of legal process laws

 

Service of legal process laws in Washington state

RCW	Topic
RCW 1.12.060	Certified mail - Use
RCW 4.28.080(6)(7)	Summons, how served
RCW 48.02.200	When legal process against a person is served on the commission
RCW 48.05.200	Authorized foreign or alien insurers
RCW 48.05.215	Unauthorized foreign or alien insurers
RCW 48.10.170	Reciprocal insurer
RCW 48.15.150	Legal process against surplus line insurer
RCW 48.15.073 (4)	Nonresident surplus line broker
RCW 48.17.173 (9)	Nonresident insurance producer or title insurance agent
RCW 48.17.380	Adjusters
RCW 48.36A.350	Fraternal benefit society
RCW 48.92.040(1)(d)	Required acts - Prohibited practices (risk retention groups)
RCW 48.92.080 (3)	Purchasing groups - Notice and registration
RCW 48.94.010 (4)(b)	Reinsurance intermediary - broker or reinsurance intermediary
RCW 48.102.011(8)(a)	Life settlement providers
RCW 48.102.021(6)(a)	Life settlement brokers
RCW 48.110.030(3)	Service contract providers
RCW 48.110.055(4)	Protection product guarantee providers
RCW 48.155.020(2)(b)(xv)	Health care discount plan organizations

Section 02.16 of chapter seventy-nine (79) of the Laws of 1947 (RCW 48.02.160) says that "* * * The Commissioner shall: Obtain and publish for the use of courts and appraisers throughout the state, tables showing the average expectancy of life and values of annuities and of life and term estates.”

The following tables, for determining the present worth of life estates or annuities and remainders or reversionary interests, can be used by state courts and appraisers. The tables are based on the 2020 U.S. population mortality and calculated at ½, 1, 1 ½, 2, 2 ½, 3, 3 ½, 4, 4 ½, 5, 5 ½, 6, 6 ½, 7, 7 ½, 8, 8 ½, 9, 9 ½, 10% annual interest rates. The range of interest rates used in the tables is based on current and future market conditions until next publication.

Tables I.A. through I.T. give the basis for valuing life estates or annuities, the proceeds of which the beneficiary enjoys during their life. These tables are applicable only where continuation of the annuity is dependent upon a single life. Where two or more lives are involved, a special calculation will be required, using supplementary factors derived from the 2020 U.S. population mortality.

Tables II.A. through II.T. relate to term estates or annuities-certain, which are payable irrespective of continuation of life, but terminable at the end of a certain period stated in the provisions of the instrument creating the estate.

Mike Kreidler
Insurance Commissioner

Table IA through IT Single Life based on 2020 US Population Mortality (PDF 935.21KB) Table IIA through IIT Present value of reversions and annuities-certain (PDF 215.27KB)

Explanatory notes - Tables I.A. through I.T.

• The first column (column X) represents the age of the person being considered at their nearest birthday.
• The second and fifth columns (Male A(x) or Female A(x)) show the present worth of one dollar payable upon death.
• The third and sixth columns (Male a(x) or Female a(x)) show the present value of an annuity of $1 (one dollar) per year payable at the end of each year during the lifetime of a person of the specified age, with a final fractional payment upon death commensurate with the time elapsed from the last birthday.
• The fourth and seventh columns (Male e(x) or Female e(x)) show the complete expectation of life, which is the average number of years of future life for persons of the specified age.

Adjustments for monthly payments, etc.

If a life interest in an estate or income from property is payable in semi-annual, quarterly, monthly or weekly installments, the tables should be used without adjustment.

In the case of a life annuity or an annuity-certain, if payable at the end of semi-annual, quarterly, monthly or weekly periods, the annuity value should be multiplied by the appropriate adjustment factor:

Examples with 2% interest

Example 1

• A decedent’s will provides that his nephew, age 40 years, is to receive the sum of $1,000 per year for life, payable in monthly installments. What is the present value of the bequest?
• The third column of Table I.D provides the factor for valuation of a life annuity for a male at age 40 (25.1161), and the monthly adjustment factor is 1.00913. The value required is 25.1161 X 1.00913 X $1,000, or $25,345.

Example 2

• A decedent leaves to his sister, age 50, a life interest in property valued at $50,000, and provides that upon the sister’s death, absolute title to the property will pass to other parties. What is the value of the sister’s interest and what is the value of the remainder interest of the other parties in the estate?
• Assuming a net return of 2% per annum, the sister’s income from the estate will be .02 X $50,000 or $1,000 per year. The value of her income (whether paid annually or otherwise) will be $1,000 X 22.9602 [see Column (6) Table I.D, age 50] or $22,960.
• The remainder interest of the other parties is determined from Column (5) of Table I.D, taking into account the age of the person receiving the life interest. The value of $1 due upon the death of the sister is $.54081. Hence, the reversion is valued at .54081 X $50,000, or $27,041, for those who receive the remainder interest.
• Note: The value of a life estate plus the value of the reversionary or remainder interest equals the value of the whole property. Therefore, only one of the values needs to be computed; the second can then be arrived at by simply subtracting the value computed from the value of the whole property.

Example 3

• Income from property valued at $100,000 is payable to the decedent’s niece for 20 years, regardless of whether or not the niece survives. At the end of 20 years (whether or not the niece is then living), the property is to pass to the decedent’s younger brother (or to the younger brother’s estate if he is not then living).
• Income at 2% on $100,000 will be $2,000 per year. Present worth of $1 per year for 20 years, according to Column (3) of Table II.D, is $16.3514. The niece’s interest, therefore, is $16.3514 X$2,000 or $32,703.
• Present worth of $1.00 due at the end of 20 years, from Column (2) is $.672971. The brother’s interest is valued at $.672971 X 100,000 or $67,297.
• Note: The value of a term estate plus the value of the reversionary or remainder interest equals the value of the whole property. Therefore, only one of the values needs to be computed; the second can be arrived at by simply subtracting the value computed from the value of the whole property.

Example 4

• The decedent provides that a beneficiary is to receive $100 per month for a fixed period of 10 years and at the end of that period the beneficiary will receive a final payment of $10,000. What is the value of the bequest?
• One dollar ($1) per year payable annually for 10 years is worth $8.9826 [Column (3), Table II.D]. For adjustment to a monthly basis, the correcting factor is 1.00913. The payments amount to $1,200 per year and the value of the income is, thus, $8.9826 X 1.00913 X 1,200, or $10,878.
• The value of $10,000 due at the end of 10 years is $.820348 X 10,000, or $8,203 (Column (2), Table II.D). The total value of the bequest is $10,878 + $8,203, or $19,081.

If you want to sue your insurance company under the Insurance Fair Conduct Act, you'll need to provide written notice to both the insurance company and our office 20 days before filing suit.

Under IFCA, you may receive three times the actual damages if your insurer denies your claim without good reason. "Actual damages" means the amount of money you would have received if your insurer had approved your claim.

Types of claims IFCA covers

This law covers claims you make with your insurer. It doesn't cover claims you have with someone else’s insurer. It also doesn't cover health insurance, but may cover claims for auto and homeowner policies that include medical costs. The Patient Bill of Rights protects health insurance policyholders.

How to file your notice of potential lawsuit

Send your notice to us and your insurer. It should include a cover sheet and explain the reason for your lawsuit.

• IFCA cover sheet (PDF 149.68KB)

Where to send your notice

You can send us your notice through regular postal mail, registered mail or certified mail with return receipt. When we receive your notice, we'll date-stamp it and enter it into our tracking log. Please note that our office and your insurer are not deemed to have received your notice until three business days after you mail it. This means you may have to wait 23 days to file your lawsuit against your insurer.

To find your insurer's mailing address, use our agent and company lookup tool.

Our mailing address is:

Office of the Insurance Commissioner
IFCA Claim Notification
P.O. Box 40255
Olympia, WA 98504-0255

Insurance Fair Conduct Act laws and rules

Laws and rules regarding the Insurance Fair Conduct Act (IFCA)

RCW	Topic
RCW 48.30.010	Unfair practices in general - Remedies and penalties
RCW 48.30.015	Unreasonable denial of a claim for coverage or payment of benefits
WAC 284-30-330	Specific unfair claims settlement practices defined
WAC 284-30-350	Misrepresentation of policy provisions
WAC 284-30-360	Standards for the insurer to acknowledge pertinent communications
WAC 284-30-370	Standards for prompt investigation of a claim
WAC 284-30-380	Settlement standards applicable to all insurers

We will hold and record your hearing at our Tumwater, Washington location. At the hearing, you will present testimony and evidence to the presiding officer deciding your case. An attorney working for our Legal Affairs division will represent the commissioner at the hearing.

You can start by explaining what you plan to prove. You and any witnesses will give testimony under oath, and our attorney and the presiding officer may ask questions. If you have documents or statements to support your case, you can submit them to the presiding officer. At the end of the hearing, you can summarize what the evidence shows and what you want to happen.

To learn how to present your case and get the testimony and evidence you need, read the sections below.

If you have other questions or concerns, contact the Administrative Hearings unit at 360-725-7002.

Attending the hearing and hiring an attorney

If you don't go to your hearing, you may be held in default and lose your case. You can represent yourself or hire an attorney. If you can't attend the hearing in person, ask the presiding officer (at the prehearing conference) if you can attend remotely.

Corporations and other entities can choose an attorney or an authorized representative, such as a corporate officer, to represent them. You can also use an out-of-state attorney instead of one from Washington (Washington Court Rules, General Rule 24(b)(3).

If you need help at the hearing due to difficulty with language or disability, you can request an accommodation for free. Contact the Administrative Hearings unit at 360-725-7002 for more information.

What you'll need to prove

If you're appealing a disciplinary action, we need to prove it is reasonable. This includes showing the facts and how you broke the law. You should bring evidence against the charges and evidence of your good character and conduct or mitigation and rehabilitation.

In non-contested cases, such as applications the commissioner needs to approve by law, you need to show that you meet the legal requirements.

Evidence you'll need

In addition to your testimony, you may want witnesses to testify for you. If a witness needs to testify by phone, you can ask the presiding officer for permission in advance.

To help prove your argument, you may submit documents like contracts, business records or checks. You'll need to leave them with the presiding officer, so make sure to bring the original and two copies. If necessary, you can use copies instead of the originals.

How to get the records you need

You can ask the presiding officer to subpoena records from individuals, businesses and government agencies. You should request a subpoena during a prehearing conference or well before the hearing.

How to get a witness to testify

Witnesses usually choose to attend hearings. If a witness needs to testify by phone, you can ask the presiding officer for permission in advance. If the witness doesn't want to testify, ask the presiding officer to subpoena the witness well before the hearing. The presiding officer will only speak to a witness at the hearing.

Bringing letters instead of witnesses

We recommend having witnesses, but sometimes you may use letters and other documents as evidence. Make sure any letters or statements from witnesses are dated and signed. If they're not, you may face perjury charges.

We may create rules to clarify, apply or enforce Washington state laws. This process is called rulemaking. Rules (or regulations) we create become part of Title 284 Washington Administrative Code (WAC).

We regulate and enforce our rules by reviewing insurance policies and consumer complaints about possible violations of the law. When a person or company doesn't follow the rules, we can issue fines, revoke licenses or charge other penalties.

The rulemaking process helps us:

• Encourage public participation
• Explain how we can enforce laws
• Write accurate, understandable rules

How to participate in the rulemaking process

You can participate in the rulemaking process by:

• Asking us to amend, adopt or repeal a rule
• Submitting comments during the rulemaking process
• Attending a hearing to provide comments or learn more about the rules

We ask for comments when we publish notices of intent (CR-101s) and proposed rules (CR-102s), but you can comment at any time during the rulemaking process. Send comments to the rules coordinator.

At the end of the rulemaking process, we respond to all comments through a Concise Explanatory Statement. Sign up for updates about rulemaking.

Rulemaking steps

To create a new rule, we follow the steps in the Administrative Procedure Act, including:

1. File a preproposal statement of inquiry (CR-101). The CR-101 announces that we plan to write rules and invites the public to participate.
2. Publish and email notices. We publish the CR-101 and all other CR notices on our legislation and rulemaking page. If you signed up for rulemaking updates, you'll get a notification.
3. Draft the rule. An agency team drafts the rule and shares it publicly. We hold meetings to discuss the proposed changes and ask the public for comments. This process sometimes takes several months and includes multiple drafts.
4. File proposed rulemaking notice (CR-102). We share the proposed rule with the public.
5. Accept public comments. We hold a hearing to get feedback on the rule from the public. Throughout the process, we often change rules based on comments from the public. At the end of the rulemaking process, we respond to all comments through a Concise Explanatory Statement. During this time, we also consider how the rule affects small businesses.
6. File a rulemaking order to adopt the rule (CR-103). After finalizing the rule, we file a final form with the Code Reviser. Most rules go into effect 31 days after we file them.

Other possible rulemaking actions

Emergency rules. If we need to make important rule changes immediately, we don't need to give public notice or hold hearings. Emergency rules usually last for 120 days. We can sometimes extend them, but they can't become permanent unless we follow the regular rulemaking steps above.

Expedited rulemaking. This shortened process allows the OIC - in very limited circumstances - to adopt or repeal a rule without a public hearing or comment process. If anyone disagrees with us using the expedited process, we need to follow the regular rulemaking steps. If no one objects during this period, however, the OIC may adopt the rule by issuing a CR-103 rulemaking order. We mainly use this process to fix errors with a rule's text, update or correct references to other laws or rules, or make changes based on federal or state laws and rules.

Rulemaking petition. You can ask us to adopt, change, or repeal a rule by sending a letter or filling out our petition form. Send petitions to our rules coordinator. We have 60 days to accept or reject your petition. If we accept it, we'll start the regular rulemaking steps.

Who to contact with comments, suggestions or questions

Policy and Legislative Affairs
PO Box 40260
Olympia, WA 98504-0258

Send a message to our rules coordinator
Call our policy and legislative affairs team at 360-725-7171
Fax to 360-586-3109