Section 284-19-140 - Administration(1) This program shall be administered by a governing committee (referred to as the committee) of the facility, subject to the supervision of the commissioner, and operated by a manager appointed by the committee.(2) The committee consists of nine members, including six insurers, as follows: (a) Property insurers represented by any trade association(s) shall designate or elect three members. Any such trade association not already represented on the committee may request representation by contacting the FAIR plan manager. The allocation of these three committee members will be made in accordance with applicable committee operating procedures and directives;(b) All other stock insurers shall elect one member by a majority vote counted on a weighted basis in accordance with each insurer's premiums written and the aggregate premiums written for all insurers in this respective group; (c) All other nonstock insurers shall elect one mem-ber by a majority vote counted on a weighted basis in accordance with each insurer's premiums written and the aggregate premiums written for all insurers in this respective group;(d) A sixth member must be an insurer designated as the service insurer under the program, and the commissioner shall designate a sixth member if there is more than one service insur-er;(e) The other three members are individuals who are appointed by the commissioner to serve, none of whom have a direct or indirect interest in any insurer except as a policyholder;(f) Not more than one insurer in a group under the same management or ownership shall serve on the committee at the same time; and(g) One of the six insurers on the governing committee must be a domestic insurer.(3) The governing committee may issue operating procedures and other directives to carry out the purposes of this plan and directives of the commissioner.(4) Each person serving on the committee or any subcommittee, each member of the facility, and each officer and employee of the facility shall be indemnified by the facility against all costs and expenses actually and necessarily incurred in connection with the defense of any action, suit, or proceeding in which he or she is made a party by reason of being or having been a member of the committee, or a member or officer or employee of the facility except in relation to matters as to which he or she has been judged in such action, suit, or proceeding to be liable by reason of willful misconduct in the performance of duties as a member of the committee, or a member or officer or employee of the facility. This indemnification does not apply to any loss, cost, or expense on insurance policy claims under the program. Indemnification is not exclusive of other rights to which such member or officer may be entitled as a matter of law.(5) Members on the committee serve for a period of one year or until successors are elected, designated or appointed, as applicable.Wash. Admin. Code § 284-19-140
Amended by WSR 14-21-179, Filed 10/22/2014, effective 11/22/2014Amended by WSR 22-01-034, Filed 12/6/2021, effective 1/6/2022Statutory Authority: RCW 48.02.060. 98-13-095 (Matter No. R 98-10), § 284-19-140, filed 6/16/98, effective 7/17/98. Statutory Authority: RCW 48.01.030, 48.02.060, 48.18.480, and 48.30.020. 79-08-019 (Order R 79-3), § 284-19-140, filed 7/11/79; Order R-69-1, § 284-19-140, filed 1/28/69.