H-4210              _______________________________________________

 

                                                   HOUSE BILL NO. 1929

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Locke, Dellwo, Niemi, Padden, Crane, Hargrove, Armstrong, Hine and McMullen

 

 

Read first time 1/24/86 and referred to Committee on Judiciary.

 

 


AN ACT Relating to contribution among joint tort feasors; and adding a new section to chapter 4.22 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 4.22 RCW to read as follows:

          In an action in which a right of contribution exists under RCW 4.22.040, the court shall determine, upon a motion made not later than one year after judgment is entered, whether all or part of the equitable share of a party liable is uncollectible by reason of insolvency.  If the court so finds, it shall reallocate the uncollectible amount among all other parties who were allocated a percentage of fault, including a claimant at fault, according to their respective percentages of fault.  The party whose liability is reallocated is nonetheless subject to contribution and to any continuing liability to the claimant on the judgment.