A principal is not liable for an act, error, or omission by an agent of the principal arising out of an agency relationship:

(1) Unless the principal participated in or authorized the act, error, or omission; or

(2) Except to the extent that: (a) The principal benefited from the act, error, or omission; and (b) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent.

Effective date—2023 c 318: See note following RCW 18.86.010.