D.C. Code § 31-3508 — DC Code / Title 31 / Chapter 35 / § 31-3508
§ 31-3508. Filing of subscriber contract forms and rates.
Status: in_force

(a) Contract form filings. — (1) The form and content of all subscriber contracts between corporation and its contractholders issued in the District of Columbia, including any group certificates and any riders, endorsements, amendments, or other forms made a part of the subscriber contract, shall, at all times, be subject to the prior approval of the Mayor.
  (2) The Mayor shall disapprove a proposed form of subscriber contract if the form contains provisions which are unjust, unfair, inequitable, inadequate, misleading, or deceptive, which encourage misrepresentation of the coverage, or which are otherwise not in compliance with applicable provisions of this chapter.
  (3) Each subscriber contract, group certificate, or other contract form shall plainly state the services, benefits, and indemnification to which the subscriber is entitled as well as the services, benefits, and indemnification to which the subscriber is not entitled.
  (4) Each proposed form of a subscriber contract shall be on file for a waiting period of 60 days before it becomes effective. When, in the Mayor’s opinion, a filing is not accompanied by the information needed to support it and the Mayor does not have sufficient information to determine whether the filing meets the requirements of this section, a corporation shall be required to furnish the needed information. In such event the waiting period shall be suspended and shall recommence as of the date the information is furnished. Upon written application by the corporation, the Mayor may authorize a filing which the Mayor has reviewed to become effective before the expiration of the waiting period or any extension thereof, or at any later date. A filing shall be deemed approved unless disapproved by the Mayor within the waiting period or any extension thereof requested by the corporation.
(b) Rate filings for individual subscriber contracts. — All rates for individual subscriber contracts issued in the District of Columbia shall be subject to the prior approval of the Mayor. Each proposed rate filing shall be on file for a waiting period of 60 days before it becomes effective. When, in the Mayor’s opinion, a rate filing is not accompanied by the information needed to support it and the Mayor does not have sufficient information to determine whether the rate filing meets the requirements of this section, a corporation shall be required to furnish the needed information. In such event, the waiting period shall be suspended and shall recommence as of the date the information is furnished. Upon written application by the corporation, the Mayor may authorize a rate filing which the Mayor has reviewed to become effective before the expiration of the waiting period or any extension thereof. A filing shall be deemed approved unless disapproved by the Mayor within the waiting period or any extension thereof requested by the corporation. All approved rate filings for individual subscriber contracts submitted in other jurisdictions shall be filed with the Mayor for information purposes only.
(c) Rate filings for group subscriber contracts. — All rates for group subscriber contracts, other than experience rated groups, issued in the District of Columbia shall be filed with the Mayor no later than the date on which a corporation proposes to make such rates effective. The rate filing shall be subject to review and disapproval by the Mayor for a period of 60 days after the filing date. If not disapproved before the expiration of the review period or any extension thereof requested by the corporation, the filing shall be deemed approved. Any disapproval under this subsection shall be applied retrospectively to the date the corporation made such rates effective. Upon application by the corporation, the Mayor may affirmatively approve a filing prior to the end of the review period. All approved rate filings for group subscriber contracts, other than experience rated groups, submitted in other jurisdictions shall be filed with the Mayor for information purposes only.
(d) Contract form and rate filings generally. — (1) Application for approval shall be made to the Mayor in the format, and with the information, that the Mayor requires.
  (2) The Mayor may, at any time, require any corporation issued a certificate of authority under this chapter to demonstrate that its filings, including the terms and provisions of its subscriber contract forms, its rates, and its method for setting rates, are in compliance with this section, notwithstanding that the filings then in effect had previously been approved by the Mayor. Any subscriber contract forms and rates previously approved by the Mayor, but subsequently disapproved under this section, shall be considered disapproved on a prospective basis only from the date of such notice of disapproval, unless the corporation made a material misrepresentation in its contract form or rate filings.
  (3) If at any time subsequent to the applicable waiting or review period provided for in this section, the Mayor finds that a filing does not meet the requirements of this section, the Mayor shall issue an order to the filer specifying in what respects the Mayor finds that the filing fails to meet the requirements of this section, and stating when, within a reasonable period thereafter, the filing shall be no longer effective. The order shall not affect any subscriber contract, group certificate, or other contract made or issued prior to the expiration of the period set forth in the order. However, the Mayor may, prior to issuing the order and if requested by the filer, hold a hearing upon not less than 10 days written notice to the filer specifying the matters to be considered at the hearing.
(e) Rate filings generally. — (1) Rate filings shall be inclusive of all rates, rating plans, and other documents utilized by a corporation to determine rates.
  (2) Rates shall not be excessive, inadequate, or unfairly discriminatory in relation to the services and benefits offered.
  (3) In determining whether to disapprove a rate filing, the Mayor shall give due consideration to past and prospective loss experience within and outside the District of Columbia, to underwriting practice and judgment to the extent appropriate, to a reasonable margin for surplus needs, to past and prospective expenses both nationwide and within the District of Columbia, and to all other relevant factors within and outside the District of Columbia. In establishing the rates to be charged individuals with open enrollment subscriber contracts, including individual conversion subscriber contracts, the revenue which would have been otherwise collected by the District of Columbia government through the imposition of the 1% premium tax pursuant to § 31-3514(j) , but which a corporation has contributed to a Rate Stabilization Fund in accordance with § 31-3514(j)(1) , shall be credited by the corporation to the benefit of this class of subscribers in an amount which assures competitive rates.
  (4) A corporation filing a rate pursuant to this section shall also comply with the Reasonable Health Insurance Ratemaking Reform Act of 2010 [ D.C. Law 18-360 ].
(f) Transition provision for contract forms and rates. — (1) As to any corporation heretofore existing and operating on April 9, 1997, and subject to § 31-3523 , all subscriber contracts, group certificates, and other contracts issued in the District of Columbia after April 9, 1997, shall be on forms that have been filed and approved under this chapter. The requirement of this section shall not affect the validity of subscriber contracts, group certificates, and other contracts issued in the District of Columbia by such a corporation which are outstanding on April 9, 1997, and have not previously been filed with and approved by the Mayor, but these contracts shall be replaced, at the next contract anniversary date following April 9, 1997, by forms filed and approved under this chapter.
  (2) As to any corporation heretofore existing and operating on April 9, 1997, and subject to § 31-3523 , all rates applied to subscriber contracts after April 9, 1997 shall be such rates as have been filed and approved under this chapter. The requirements of this section shall not affect the validity of rates applied to subscriber contracts issued by such a corporation which are outstanding on April 9, 1997, and have not previously been filed with and approved by the Mayor, but these rates shall be replaced, at the next contract anniversary date following April 9, 1997, by rates filed and approved under this chapter.
(g) A corporation whose proposed form of subscriber contract or proposed contract rate has been disapproved by the Mayor may contest the Mayor’s action in accordance with the procedures of § 31-3522 .
D.C. Code § 31-852 — DC Code / Title 31 / Chapter 8A / § 31-852
§ 31-852. Scope.
Status: in_force

Nothing in this chapter shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including work product, the attorney-client privilege, or the subsequent remedial measures exclusion.
D.C. Code § 31-4714 — DC Code / Title 31 / Chapter 47 / § 31-4714
§ 31-4714. Prohibited activities—Misrepresentations.
Status: repealed

Repealed.
D.C. Code § 31-5323 — DC Code / Title 31 / Chapter 53 / § 31-5323
§ 31-5323. Reports.
Status: in_force

(a) Every society transacting business in the District shall annually, on or before March 1, unless for cause shown the time has been extended by the Commissioner, file with the Commissioner a true statement of its financial condition, transactions, and affairs for the preceding calendar year and pay a filing fee of $50. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the Commissioner.
(b) As part of the annual statement, each society shall, on or before March 1, file with the Commissioner a valuation of its certificates in force on the preceding December 31. The Commissioner may, in his or her discretion for cause shown, extend the time for filing the valuation for not more than 2 calendar months.  The valuation shall be done in accordance with the standards specified in § 31-5322 .  The valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.
(c) A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit $100 for each day during which the neglect continues, and, upon notice by the Commissioner to that effect, its authority to do business in the District shall cease while the default continues.
D.C. Code § 31-5605.03 — DC Code / Title 31 / Chapter 56 / § 31-5605.03
§ 31-5605.03. Manipulation of market.
Status: in_force

(a) A person shall not, directly or indirectly, in the District:
  (1) Quote a fictitious price for a security;
  (2) Effect a transaction in a security which involves no change in the beneficial ownership of the security for the purpose of creating a false or misleading appearance of active trading in a security or for the market for the security;
  (3) Enter an order for the purchase of a security with the knowledge that an order of substantially the same size and at substantially the same time and price for the sale of the security has been, or will be, entered by or for the same, or an affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security;
  (4) Enter an order for the sale of a security with knowledge that an order of substantially the same size and at substantially the same time and price for the purchase of the security has been or will be entered by or for the same or different parties for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; or
  (5) Employ any other deceptive or fraudulent device, scheme, or artifice to manipulate the market in a security.
(b) A transaction effected in compliance with, or conduct that does not violate, the applicable provisions of the Securities Exchange Act of 1934, and the rules and regulations promulgated thereunder, shall not constitute a violation of subsection (a) of this section.
D.C. Code § 31-1371.04 — DC Code / Title 31 / Chapter 13A / § 31-1371.04
§ 31-1371.04. Authorization of investments by the board of directors.
Status: in_force

(a) An insurer’s board of directors shall adopt a written plan for acquiring and holding investments and for engaging in investment practices that specifies guidelines as to the quality, maturity, and diversification of investments and other specifications, including investment strategies intended to assure that the investments and investment practices are appropriate for the business conducted by the insurer, its liquidity needs, and its capital and surplus. The board of directors shall review and assess the insurer’s technical investment and administrative capabilities and expertise before adopting a written plan concerning an investment strategy or investment practice.
(b) Investments acquired and held under this chapter shall be acquired and held under the supervision and direction of the board of directors of the insurer. The board of directors shall evidence by formal resolution, at least annually, that it has determined whether all investments have been made in accordance with delegations, standards, limitations, and investment objectives prescribed by the board of directors or a committee of the board of directors charged with the responsibility to direct its investments.
(c) On no less than a quarterly basis, and more often if considered appropriate, an insurer’s board of directors, or committee of the board of directors, shall:
  (1) Receive and review a summary report on the insurer’s investment portfolio, its investment activities, and investment practices engaged in under delegated authority, to determine whether the investment activity of the insurer is consistent with its written plan; and
  (2) Review and revise, as appropriate, the written plan.
(d) In discharging its duties under this section, the board of directors shall require that records of an authorization or approval, other documentation as the board of directors may require, and the report of an action taken under authority delegated under the plan referred to in subsection (a) of this section shall be made available on a regular basis to the board of directors.
(e) In discharging their duties under this section, the directors of an insurer shall perform their duties in good faith and with that degree of care that ordinarily prudent individuals in like positions would use under similar circumstances.
(f) If an insurer does not have a board of directors, all references to the board of directors in this chapter shall refer to the governing body of the insurer having authority equivalent to that of a board of directors.
D.C. Code § 31-3171.09b — DC Code / Title 31 / Chapter 31D / § 31-3171.09b
§ 31-3171.09b. Sale, solicitation, and negotiation by insurance producers.
Status: in_force

(a) An insurance producer that is licensed in the District and authorized by the Commissioner to sell, solicit, or negotiate health insurance pursuant to Chapter 11A of Title 31 [ § 31-1131.02 et seq.], may sell any qualified health plan offered in the American Health Benefit Exchange, after satisfactorily completing training developed and provided by the Authority.
(b) An insurance producer shall be compensated directly by a health carrier for the sale of a qualified health plan offered in the American Health Benefit Exchange.
D.C. Code § 31-3255 — DC Code / Title 31 / Chapter 32 / § 31-3255
§ 31-3255. Applicability.
Status: in_force

This subchapter shall apply, 120 days after the promulgation of the final regulations pursuant to § 31-3254 , to health insurers, as defined in § 31-3251(5) , and any agency, organization, facility, or distinct part thereof, licensed pursuant to subchapter I of Chapter 5 of Title 44 .
D.C. Code § 31-3932.01 — DC Code / Title 31 / Chapter 39A / § 31-3932.01
§ 31-3932.01. Purpose.
Status: in_force

This subchapter provides for the creation of special purpose financial captive insurance companies for the exclusive purpose of facilitating the securitization of one or more risks as a means of accessing alternative sources of capital and achieving the benefits of securitization. Their creation is intended to achieve greater efficiencies in structuring and executing insurance securitizations, to diversify and broaden insurers’ access to sources of capital, to facilitate access for many insurers to insurance securitization and capital markets financing technology, and to further the economic development of the District of Columbia through its captive insurance program.
D.C. Code § 31-1346 — DC Code / Title 31 / Chapter 13 / § 31-1346
§ 31-1346. Disposition of records during and after termination of liquidation.
Status: in_force

Whenever it shall appear to the Commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he or she may recommend to the court, and the court shall direct, what records should be retained for future reference and what records should be destroyed.
D.C. Code § 31-809 — DC Code / Title 31 / Chapter 8 / § 31-809
§ 31-809. Surrender of license; loss or destruction of license.
Status: repealed

Repealed.
D.C. Code § 31-4425 — DC Code / Title 31 / Chapter 44 / § 31-4425
§ 31-4425. Voting powers under group policies.
Status: in_force

In every group policy issued by a domestic life company the employer shall be deemed to be the policyholder for all purposes, within the meaning of this chapter, and, if entitled to vote at meetings of the company, shall be entitled to 1 vote thereat.
D.C. Code § 31-3875.07 — DC Code / Title 31 / Chapter 38F / § 31-3875.07
§ 31-3875.07. Continuity of care for enrollees.
Status: in_force

(a) (1) A utilization review entity shall honor an approval granted by a previous utilization review entity for at least the initial 60 days of an enrollee's coverage under the new health benefits plan; provided, that the utilization review entity may condition honoring the approval on receipt of information documenting the approval.
  (2) During the 60-day period described in subsection (a) of this section, a utilization review entity may perform its own prior authorization review; provided, that if the utilization review entity issues an adverse determination following review, the adverse determination shall not take effect before the end of the 60-day period described in subsection (a) of this section.
(b) If a health insurer changes coverage of, or approval criteria for, a health care service for which an enrollee previously received approval, the change in coverage or approval criteria shall not apply to an enrollee who received approval prior to the effective date of the change for the duration of the approval.
(c) A utilization review entity shall honor a prior grant of approval to an enrollee who changes health benefit plans offered by the same health insurer.
D.C. Code § 31-1003 — DC Code / Title 31 / Chapter 10 / § 31-1003
§ 31-1003. Nonrenewals, cancellations, or revisions of ceded reinsurance agreements.
Status: in_force

(a) No nonrenewals, cancellations, or revisions of ceded reinsurance agreements need be reported pursuant to § 31-1001 if the nonrenewals, cancellations, or revisions are not material.
(b) For purposes of this chapter, a material nonrenewal, cancellation, or revision is one that affects:
  (1) As respects property and casualty business, including accident and health business written by a property and casualty insurer:
    (A) More than 50% of the insurer’s total ceded written premium; or
    (B) More than 50% of the insurer’s total ceded indemnity and loss adjustment reserves.
  (2) As respects life, annuity, and accident and health business, more than 50% of the total reserve credit taken for business ceded, on an annualized basis, as indicated in the insurer’s most recent annual statement.
(c) As respects either property and casualty or life, annuity, and accident and health business, either of the following events shall constitute a material revision which must be reported:
  (1) An authorized reinsurer representing more than 10% of a total cession is replaced by one or more unauthorized reinsurers; or
  (2) Previously established collateral requirements that have been reduced or waived as respects one or more unauthorized reinsurers representing collectively more than 10% of a total cession.
(d) No filing shall be required if:
  (1) As respects property and casualty business, including accident and health business written by a property and casualty insurer, the insurer’s total ceded written premium represents, on an annualized basis, less than 10% of its total written premium for direct and assumed business; or
  (2) As respects life, annuity, and accident and health business, the total reserve credit taken for business ceded represents, on an annualized basis, less than 10% of the statutory reserve requirement prior to any cession.
(e) The following information is required to be disclosed in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements:
  (1) Effective date of the nonrenewal, cancellation, or revision;
  (2) The description of the transaction with an identification of the initiator thereof;
  (3) Purpose of, or reason for, the transaction; and
  (4) if applicable, the identity of the replacement reinsurers.
(f) Insurers are required to report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100% reinsurance agreement that affects the solvency and integrity of the insurer’s reserves and the insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1,000,000 total direct plus assumed written premiums during a calendar year that $1,000,000 total direct plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than 5% of the insurer’s capital and surplus.
D.C. Code § 31-3303.13d — DC Code / Title 31 / Chapter 33 / § 31-3303.13d
§ 31-3303.13d. Short-term, limited-duration health insurance.
Status: in_force

(a) An insurer shall not provide short-term, limited-duration health insurance policies, certificates of coverage, or contracts unless the insurer obtains a certificate of authority from the Commissioner to offer health insurance.
(b) An insurer offering for sale a short-term, limited-duration health insurance policy, certificate of coverage, or contract shall apply the same underwriting standards to all applicants for such coverage regardless of whether the applicant has previously been covered by a short-term, limited-duration health insurance policy, certificate of coverage, or contract.
(c) A short-term, limited-duration health insurance policy, certificate of coverage, or contract shall not exclude from coverage as a pre-existing condition any medical or behavioral health condition for which an applicant sought treatment in the prior 12 months or for which an applicant is currently in an active course of treatment. An insurer shall not use underwriting related to such a condition to deny enrollment in short-term, limited-duration coverage to an applicant.
(d) A short-term, limited-duration insurance policy, certificate of coverage, or contract shall terminate not more than 3 months after its effective date.
(e) A short-term, limited-duration health insurance policy, certificate of coverage, or contract shall not be extended or renewed. The insurer shall not issue, directly or indirectly through an affiliate, a new short-term, limited-duration health insurance policy, certificate of coverage, or contract to an individual who had such a policy, certificate of coverage, or contract from the insurer within the preceding 9 months.
(f) An insurer shall ensure that each policy, certificate of coverage, or contract for short-term, limited-duration health insurance and all application materials for enrollment in that coverage displays prominently, in at least 14-point type, a statement that the coverage does not constitute minimum essential coverage for the purposes of satisfying the individual responsibility requirement of § 47-5102 , and any other disclosures the Commissioner may require through rulemaking, including the types of benefits and consumer protections that are and are not included in the coverage.
(g) A company offering for sale a short-term, limited-duration health insurance policy, certificate of coverage, or contract shall provide to the Commissioner any information the Commissioner requires by rulemaking.
D.C. Code § 31-5031.19 — DC Code / Title 31 / Chapter 50A / § 31-5031.19
§ 31-5031.19. Filing by rating bureaus.
Status: in_force

(a) A title insurer may satisfy its obligation to file premium rates, rating manuals, and forms as required by this chapter if:
  (1) It becomes a member of, or a subscriber to, a rate service organization, organized and licensed under the provisions of acts relating to insurance which are codified in this  title;
  (2) The rate service organization makes the filings; and
  (3) It authorizes the Commissioner in writing to accept the filings on the title insurer’s behalf.
(b) This chapter shall not:
  (1) Require any title insurer to become a member of, or a subscriber to, any rate service organization; and
  (2) Prohibit the filing of deviations from rate service organization filings by any member or subscriber.
D.C. Code § 31-3611 — DC Code / Title 31 / Chapter 36 / § 31-3611
§ 31-3611. Rules and regulations.
Status: in_force

The Commissioner may issue rules to implement any provisions of this chapter. The rules may include:
(1) Requirements for any disclosure made under this chapter, including the manner, content, and required disclosures for the sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents and preexisting conditions, termination of coverage, continuation or conversion of coverage, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definitions;
(2) Loss ratio standards specifically applicable to long-term care insurance policies;
(3) A standard format, which may include a description of the style, arrangement, overall appearance, and the content of an outline of coverage; and
(4) Minimum standards for making and reporting practices for long-term care insurance.
D.C. Code § 31-1331 — DC Code / Title 31 / Chapter 13 / § 31-1331
§ 31-1331. Recovery of premiums owed.
Status: in_force

(a) (1) An agent, broker, premium finance company, or any other person, other than the insured, responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, whether earned or unearned, as shown on the records of the insurer. The liquidator shall also have the right to recover from such a person any part of an unearned premium that represents the commission of such a person. Credits or setoffs, or both, shall not be allowed to an agent, broker, or premium finance company for any amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a payment by, the insured.
  (2) An insured shall be obligated to pay any unpaid earned premium due the insurer at the time of the declaration of insolvency, as shown on the records of the insurer.
(b) Upon satisfactory evidence of a violation of this section, the Commissioner may pursue either one or both of the following courses of action:
  (1) Suspend, revoke, or refuse to renew the licenses of the offending party or parties; or
  (2) Impose a penalty of not more than $1,000 for each act in violation of this section by the party or parties.
(c) Before the Commissioner takes any action as set forth in subsection (b) of this section, he or she shall give written notice to the person, company, association, or exchange accused of violating the law, stating specifically the nature of the alleged violation, and fixing a time and place, at least 10 days thereafter, when a hearing on the matter shall be held. After the hearing, or upon failure of the accused to appear at the hearing, the Commissioner, if he or she finds the violation, shall impose any of the penalties under subsection (b) of this section as he or she deems advisable.
(d) When the Commissioner takes action in any or all of the ways set out in subsection (b) of this section, the party aggrieved may appeal from the action to the Superior Court of the District of Columbia.
D.C. Code § 31-4121.08 — DC Code / Title 31 / Chapter 41A / § 31-4121.08
§ 31-4121.08. Sanctions.
Status: in_force

An insurer failing without just cause, as defined by the Commissioner by rule, to timely file an ORSA Summary Report required by this chapter shall, after notice and a hearing conducted according to the rules for contested cases set forth in Chapter 38 of Title 26 of the District of Columbia Municipal Regulations, be subject to a penalty in an amount not to exceed $1,000 per day. The maximum penalty assessed under this section shall be $25,000.  The Commissioner shall recover this penalty.
D.C. Code § 31-2008 — DC Code / Title 31 / Chapter 20 / § 31-2008
§ 31-2008. Confidentiality; prohibition on announcements; prohibition on use in ratemaking.
Status: in_force

(a) All RBC Reports (to the extent the information therein is not required to be set forth in a publicly available annual statement schedule) and RBC Plans (including the results or report of any examination or analysis of an insurer performed pursuant hereto and any Corrective Order issued by the Commissioner pursuant to examination or analysis) with respect to any domestic insurer or foreign insurer that are in the possession or control of the Department of Insurance, Securities, and Banking shall be confidential and privileged; shall not be subject to subchapter II of Chapter 5 of Title 2 ; shall not be subject to subpoena; and shall not be subject to discovery or admissible in evidence in a private civil action; provided, that the Commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s official duties. This information is also exempt from any applicable freedom of information law, public records law, public records disclosure law, or other similar statute.
(a-1) The Commissioner or any person who received documents, materials, or other information while acting under the authority of the Commissioner shall not be permitted or required to testify in a private civil action concerning confidential documents, materials, or other information subject to subsection (a) of this section.
(a-2) To assist in the performance of the Commissioner’s duties, the Commissioner:
  (1) May share documents, materials, or other information, including the confidential and privileged documents, materials, or other information subject to subsection (a) of this section, with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners, including its affiliates and subsidiaries; and with state, federal and international law enforcement authorities; provided, that the recipient agrees, and has the legal authority, to maintain the confidentiality and privileged status of the documents, materials, or other information;
  (2) May receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, or other information, from the National Association of Insurance Commissioners, and its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or other information; or
  (3) May enter into agreements governing the sharing and use of information consistent with this section.
(a-3) No waiver of an applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of disclosure to the Commissioner under this section or as a result of sharing as authorized in subsection (a-2) of this section. Nothing in this section shall require an insurer to disclose documents, materials, or other information that is not otherwise required by law to be disclosed.
(b) Except as otherwise required under the provisions of this chapter, the making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with regard to the RBC Levels of any insurer, or of any component derived in the calculation, by any insurer, agent, broker, or other person engaged in any manner in the insurance business would be misleading and is therefore prohibited; provided, however, that if any materially false statement with respect to the comparison regarding an insurer’s total adjusted capital to its RBC Levels (or any of them) or an inappropriate comparison of any other amount to the insurers’ RBC Levels is published in any written publication and the insurer is able to demonstrate to the Commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, then the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false statement.
(c) The RBC Instructions, RBC Reports, Adjusted RBC Reports, RBC Plans and Revised RBC Plans shall not be used by the Commissioner for ratemaking nor considered or introduced as evidence in any rate proceeding nor used by the Commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance which an insurer or any affiliate is authorized to write.
D.C. Code § 31-5709 — DC Code / Title 31 / Chapter 57 / § 31-5709
§ 31-5709. Incorporation of subordinate bodies.
Status: repealed

Repealed.
D.C. Code § 31-3523.01 — DC Code / Title 31 / Chapter 35 / § 31-3523.01
§ 31-3523.01. Regulatory authority.
Status: in_force

Nothing in this chapter shall be construed to diminish the authority of the Council to regulate the affairs of Group Hospitalization and Medical Services, Inc.
D.C. Code § 31-2011 — DC Code / Title 31 / Chapter 20 / § 31-2011
§ 31-2011. Immunity.
Status: in_force

There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the Department of Insurance, Securities, and Banking or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter.
D.C. Code § 31-3451.02 — DC Code / Title 31 / Chapter 34A / § 31-3451.02
§ 31-3451.02. RBC reports.
Status: in_force

(a) A domestic health organization shall, prior to each March 2 (“filing date”), prepare and submit to the Commissioner a report of its RBC levels as of the end of the previous calendar year, in a form and containing such information as is required by the RBC instructions. In addition, a domestic health organization shall file its RBC report:
  (1) With the NAIC in accordance with the RBC instructions; and
  (2) With the insurance commissioner in any state in which the health organization is authorized to do business, if the insurance commissioner has notified the health organization of its request in writing, in which case the health organization shall file its RBC report not later than the later of:
    (A) Fifteen days after the receipt of notice to file its RBC report with that state; or
    (B) The filing date.
(b) A health organization's RBC level shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall apply and may be adjusted for the covariance between the following factors in the manner set forth in the RBC instructions:
  (1) Asset risk;
  (2) Credit risk;
  (3) Underwriting risk; and
  (4) All other business risks and such other relevant risks as are set forth in the RBC instructions.
(c) If a domestic health organization files an RBC report that, in the judgment of the Commissioner, is inaccurate, the Commissioner shall adjust the RBC report to correct the inaccuracy and shall notify the health organization of the adjustment. The notice shall contain a statement of the reason for the adjustment.
D.C. Code § 31-3916 — DC Code / Title 31 / Chapter 39 / § 31-3916
§ 31-3916. Captive Insurance Regulatory and Supervision Trust Account.
Status: repealed

Repealed.
D.C. Code § 31-3171.10 — DC Code / Title 31 / Chapter 31D / § 31-3171.10
§ 31-3171.10. Conflicts of interest.
Status: in_force

(a) (1) A member of the executive board or of the staff of the Authority shall not be employed by, a consultant to, a member of the board of directors of, affiliated with, or otherwise a representative of, a health carrier or other insurer, an agent or broker, a health professional, or a health care facility or health clinic while serving on the board or on the staff of the Authority.
  (2) A member of the executive board or of the staff of the Authority shall not be a member, a board member, or an employee of a trade association of health carriers, health facilities, health clinics, or health professionals while serving on the board or on the staff of the Authority.
  (3) A member of the executive board or of the staff of the Authority shall not be a health professional unless he or she receives no compensation for rendering services as a health professional and does not have an ownership interest in a professional health care practice.
(b) No member of the executive board or of the staff of the Authority shall, for one year after the end of the member’s service on the board or employment by the Authority, accept employment with any health carrier that offers a qualified health benefit plan through the exchanges.
(c) No member of the executive board shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any decision that he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on him or her or a member of his or her immediate family, or on either of the following:
  (1) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $250 or more in value provided to, received by, or promised to the member within 12 months prior to the time when the decision is made.
  (2) Any business entity in which the member is a director, officer, partner, trustee, or employee, or holds any position of management.
D.C. Code § 31-6206 — DC Code / Title 31 / Chapter 62 / § 31-6206
§ 31-6206. Records required to be kept.
Status: repealed

Repealed.
D.C. Code § 31-2351.04 — DC Code / Title 31 / Chapter 23M / § 31-2351.04
§ 31-2351.04. Required disclosures – reimbursement insurance policy.
Status: in_force

(a) Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale shall state that the insurer that issued the reimbursement insurance policy shall reimburse or pay on behalf of the provider any covered sums the provider is obligated to pay or, in the event of the provider's non-performance, shall provide the service that the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider.
(b) If covered service is not provided by the service contract provider within 60 days of proof of loss by the service contract holder, the contract holder shall be entitled to apply directly to the reimbursement insurance company.
D.C. Code § 31-3171.07 — DC Code / Title 31 / Chapter 31D / § 31-3171.07
§ 31-3171.07. Advisory board.
Status: in_force

(a) In addition to the executive board, there shall be a standing advisory board consisting of 9 members, who shall be residents of the District.
(b) The executive board may create additional advisory boards as it considers appropriate.
(c) The executive board shall solicit the recommendations of, and consult with, the advisory boards on:
  (1) Insurance standards;
  (2) Covered benefits;
  (3) Premiums;
  (4) Plan certification;
  (5) Internet technology system development; and
  (6) Any other policy or operational issues, within the executive board’s discretion.
(d) The executive board shall:
  (1) Select the members of the advisory boards;
  (2) Establish the terms of the members;
  (3) Ensure that at least one member of the standing advisory board demonstrates expertise as a health insurance broker or agent;
  (4) Appoint the chair of the standing advisory board;
  (5) Determine the residency requirement of any additional advisory board created; and
  (6) Appoint the chair of any additional advisory boards created.
(e) (1) An advisory board member may continue to serve until the appointment of his or her successor.
  (2) Vacancies shall be filled by appointment by the executive board for the unexpired term of the appointee’s predecessor.
(f) Each person appointed to an advisory board shall have demonstrated and acknowledged expertise on issues related to at least one of the following groups:
  (1) Health professionals;
  (2) Health insurance consumers;
  (3) Disease and demographic-specific advocacy groups;
  (4) Commercial sector health plans;
  (5) Public sector health plans;
  (6) Health insurance brokers;
  (7) Health care consumer interest advocacy;
  (8) Health care foundations;
  (9) Exchange consumers; or
  (10) Such other interests considered necessary.
D.C. Code § 31-3303.09 — DC Code / Title 31 / Chapter 33 / § 31-3303.09
§ 31-3303.09. Eligibility to enroll.
Status: in_force

(a) A group health plan, and a health insurer offering group health insurance coverage, may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any of the health status-related factors.
(b) The provisions of this section shall not be construed to:
  (1) Require a health insurer offering group health insurance coverage to provide particular benefits other than those provided under the terms of such plan or coverage; or
  (2) To prevent a health insurer offering group health insurance coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage rules for eligibility to enroll under a plan which includes rules defining any applicable waiting periods for such enrollment.
(c) A health insurer offering group health insurance coverage may not require an individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual.
(d) Nothing in subsection (c) of this section shall be construed to restrict the amount that an employee may be charged for coverage under group health insurance coverage, or prevent a health insurer offering group health insurance coverage from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
D.C. Code § 31-5202 — DC Code / Title 31 / Chapter 52 / § 31-5202
§ 31-5202. “Health, accident, and life insurance companies” defined; assets or capital stock requirements; annual required tax and financial statement; annual required examinations; revocation or suspension of license; appeal; issuance of license; exemptions.
Status: in_force

Every corporation, joint-stock company, or association not exempt herein, transacting business in the District of Columbia, which collects premiums, dues, or assessments from its members or from holders of its certificates or policies, and which provides for the payment of indemnity on account of sickness or accident, or a benefit in case of death, shall be known as “health, accident, and life insurance companies or associations.” No such company or association shall transact business within the District of Columbia unless it shall have in assets or in capital stock fully paid up in cash, or in both together, not less than $25,000 as a capital or guarantee fund; which assets may be invested in United States, state, county, municipal bonds, and bonds of the District of Columbia, or railroad bonds; but investments in the bonds of railroads shall be limited to the bonds of those railroads which have paid dividends on their capital stock for the 10 years immediately previous to the date of the investment; or in improved real estate, or in first mortgages on improved real estate; but no loan on real estate shall be made for an amount exceeding 70% of its assessed value, such investments to be approved by the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] of the District of Columbia. No such health, accident, and life insurance company or association, transacting on August 15, 1911, or thereafter the business of health, accident, and life insurance, or either or all said kinds of insurance, in the District of Columbia shall issue policies or certificates providing, either singly or in aggregate, a greater accident or death benefit than $500, or a greater weekly indemnity than $20, on any 1 person unless such company or association has in assets or in capital stock fully paid up in cash, or in both together, not less than $100,000 invested and approved as aforesaid. Every such company or association shall pay to the Collector of Taxes for the District of Columbia a sum of money, as tax, equal to 1% of all moneys received from members of policy or certificate holders within the District of Columbia, said tax to be paid on or before the 1st day of March of each year on the amount of such income for the year ending December 31st next preceding; and shall also file annually with said Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking], on or before the 1st day of March of each year, a sworn statement, on blanks furnished by said Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking], showing its true financial condition, income, disbursements, assets, and liabilities on the 31st of December next preceding, and such other information as said Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] may require; and shall pay to the said Collector of Taxes $10 for filing such statement. All companies or associations described herein shall be examined as described in Chapter 14 of this title ; and when the Mayor finds the capital stock of any such company impaired or its assets reduced in value to an amount less than required by the provisions hereof he shall at once give notice of said fact to said company or association, and unless said impairment is made good within 60 days after said notice, it shall be the duty of said Commissioner to revoke or suspend the license of said company or association until such impairment shall have been made good; and any company or association that issues policies or certificates of insurance as described herein without a license from said Commissioner or during a suspension thereof, as herein provided, shall be fined not less than $20 nor more than $100 per day; provided, that if any such company or association shall feel aggrieved by the decision of said Commissioner concerning the investment or impairment of its assets or capital stock, it shall have the right to appeal, within 10 days, from the decision of said Commissioner to the Mayor of the District of Columbia, and the Council of the District of Columbia shall prescribe rules and regulations for the hearing of said appeal, and the Mayor’s decision shall be final; provided also, that when any such company or association shall have complied with the provisions contained herein, the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall issue to it a license to transact its business in the District of Columbia; provided, however, that nothing contained herein shall interfere with or abridge the rights of any fraternal beneficial association licensed to transact business under §§ 31-5701 to 31-5717 [repealed], or incorporated by special act of Congress; and provided further, that nothing contained herein shall apply to any relief association, not conducted for profit, composed solely of officers and enlisted men of the United States Army, Navy, or Air Force, or solely of employees of any other branch of the United States government service, or solely of employees of any individual, company, firm, or corporation. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this section, or any rules or regulations issued under the authority of this section, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this section shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 31-3834.01 — DC Code / Title 31 / Chapter 38B / § 31-3834.01
§ 31-3834.01. Full-year coverage for contraception.
Status: in_force

(a) An individual health plan or group health plan, a health insurer offering health insurance coverage for prescription drugs, and health insurance coverage through Medicaid and the D.C. Healthcare Alliance program shall provide coverage for a supply of contraceptives intended to last over the course of a 12-month period, that shall be dispensed all at once or over the course of the 12 months at the patient's election, including for over-the-counter contraceptives and contraceptives obtained from a licensed pharmacist pursuant to § 3-1202.08(g-1) ; provided, that the D.C. Healthcare Alliance program shall not be required to provide coverage for a supply of contraceptives intended to last longer than the period of recertification for the D.C. Healthcare Alliance. The costs of any consultation by the pharmacist shall also be covered.
(b) For the purposes of this section, the term:
  (1) "Contraceptive" means a drug or drug regimen approved by the U.S. Food and Drug Administration to prevent pregnancy.
  (2) "Medicaid" shall have the same meaning as provided in § 4-204.12(2) .
(c) Repealed.
D.C. Code § 31-3303.11 — DC Code / Title 31 / Chapter 33 / § 31-3303.11
§ 31-3303.11. Rules used to determine group size.
Status: in_force

(a) All employers treated as a single employer under subsection (b), (c), (m), or (o) of § 414 of the Internal Revenue Code of 1986 (26 U.S.C. § 414) shall be treated as one employer.
(b) In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small or large group employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year.
(c) Any reference in this section to an employer shall include a reference to any predecessor of such employer.
D.C. Code § 31-3914 — DC Code / Title 31 / Chapter 39 / § 31-3914
§ 31-3914. Insolvency.
Status: repealed

Repealed.
D.C. Code § 31-4712 — DC Code / Title 31 / Chapter 47 / § 31-4712
§ 31-4712. Accident and sickness policies.
Status: in_force

(a) Filing requirements. — No policy of insurance against loss resulting from sickness or from bodily injury or death by accident, or both, shall be issued or delivered to any person in the District by any company organized under this or any other law of the District, or, if a foreign or alien company, authorized to do business in the District, including, but not limited to, all Health Maintenance Organizations, Group Hospitalization and Medical Services, Inc., all life insurance companies licensed to do business in the District, and all for-profit as well as nonprofit health insurers issuing or delivering expense incurred accident and sickness health insurance policies and certificates, until a copy of the form thereof, and of the classification of risks and the premium rates appertaining thereto, have been filed with the Commissioner; nor shall it be so issued or delivered until the expiration of 30 days after it has been so filed, unless the Commissioner shall sooner give his written approval thereto. If the Commissioner shall give written notice to the company which has filed such form that it does not comply with the requirements of law, specifying the reasons for his opinion, it shall be unlawful thereafter for any such insurer to issue any policy in such form. Rates filed with respect to a policy or certificate subject to the Reasonable Health Insurance Ratemaking Reform Act of 2010 [Chapters 30A, 31C, and 33A of this title] shall also comply with the provisions of such act.
(b) Form. — (1) No policy of accident and sickness insurance shall be delivered or issued for delivery to any person in the District unless:
    (A) The entire money and other considerations therefor are expressed therein;
    (B) The time at which the insurance takes effect and terminates is expressed therein;
    (C) It purports to insure only 1 person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any 2 or more eligible members of that family, including spouse, domestic partner, dependent children or any children under a specified age which shall not exceed 19 years and any other person dependent upon the policyholder;
    (D) The style, arrangement, and overall appearance of the policy give no undue prominence to any portion of the text, and unless every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in lightfaced type of a style in general use, the size of which shall be uniform and not less than 10-point with a lowercase unspaced alphabet length not less than 120-point (the text shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions);
    (E) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in subsection (c) of this section, are printed, at the insurer’s option, either included with the benefit provision to which they apply, or under an appropriate caption such as “EXCEPTIONS,” or “EXCEPTIONS AND REDUCTIONS”; provided, that, if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies;
    (F) Each such form, including riders and endorsements, shall be identified by a former number in the lower left-hand corner of the 1st page thereof;
    (G) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short-rate table filed with the Commissioner;
    (H) It contains no provision which would restrict access to psychologists or optometrists. When a policy relating to health insurance requires payment or reimbursement for services which may be performed by a duly licensed psychologist or optometrist, any person covered by the policy shall be free to select and have direct access to such psychologist or optometrist without supervision or referral by a practitioner of the healing art and shall be entitled, under the policy, to have payment or reimbursement made for services performed;
    (I) For a policy issued or renewed after April 15, 1995, it contains a provision covering a minor grandchild, niece, or nephew of an employee of the District of Columbia if the minor grandchild, niece, or nephew is under the primary care of the insured, and if the legal guardian of the minor grandchild, niece, or nephew, if other than the insured, is not covered by an accident or sickness policy. For the purposes of this paragraph, the term “primary care” means that the insured provides food, clothing, and shelter, on a regular and continuous basis, for the minor grandchild, niece, or nephew during the time that the District of Columbia public schools are in regular session; and
    (J) For a policy issued or renewed after April 15, 1996, it contains a provision covering a minor grandchild, niece, or nephew under the primary care of the insured, and if the legal guardian of the minor grandchild, niece, or nephew, if other than the insured, is not covered by an accident or sickness policy. For the purposes of this paragraph, the term “primary care” means that the insured provides food, clothing, and shelter, on a regular and continuous basis, for the minor grandchild, niece, or nephew during the time that the District of Columbia public schools are in regular session.
  (2) If any policy is issued by an insurer domiciled in the District for delivery to a person residing in another jurisdiction, and if the official having responsibility for the administration of the insurance laws of such other jurisdiction shall have advised the Commissioner that any such policy is not subject to approval or disapproval by such official, the Commissioner may by ruling require that such policy meet the standards set forth in paragraph (1) of this subsection and in subsection (c) of this section.
(c) Provisions. — (1) Required provisions. — Except as provided in paragraph (3) of this subsection each such policy delivered or issued for delivery to any person in the District shall contain the provisions specified in this paragraph in the words in which the same appear in this paragraph; provided, however, that the insurer may, at its option, substitute for one or more of such provisions corresponding provisions of different wording approved by the Commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Such provisions shall be preceded individually by the caption appearing in this paragraph or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Commissioner may approve:
    (A) A provision as follows:
    “ENTIRE CONTRACT; CHANGES:       This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions.”.
    (B) (i) A provision as follows:
      “TIME LIMIT ON CERTAIN DEFENSES:         After 3 years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such 3-year period.”.
      (ii) (The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial 3-year period, nor to limit the application of subparagraphs (A), (B), (C), (D), and (E) of paragraph (2) of this subsection in the event of misstatement with respect to age or occupation or other insurance.)
      (iii) A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium until at least age 50 or in the case of a policy issued after age 44, for at least 5 years from its date of issue; may contain in lieu of the foregoing the following provision (from which the clause in parentheses may be omitted at the insurer’s option) under the caption “INCONTESTABLE.”
    “After this policy has been in force for a period of 3 years during the lifetime of the insured (excluding any period during which the insured has a disability), it shall become incontestable as to the statements contained in the application.”
    “No claim for loss incurred or disability (as defined in the policy) commencing after 3 years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy.”
    (C) (i) A provision as follows:
      “GRACE PERIOD:         A grace period of . . . . . . . . .(insert the last day of the month for which the premium is due for policies issued on a calendar month basis and a period not less than 31 days for all other policies) will be granted for the payment of each premium falling due after the 1st premium, during which grace period the policy shall continue in force.”.
      (ii) A policy which contains a cancellation provision may add, at the end of the above provision, “Subject to the right of the insurer to cancel in accordance with the cancellation provision hereof.”.
      (iii) A policy in which the insurer reserves the right to refuse any renewal shall have, at the beginning of the above provision;
      “Unless not less than 5 days prior to the premium due date the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted.”.
    (D) (i) A provision as follows:
      “REINSTATEMENT:         If any renewal premium be not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy; provided, however, that if the insurer or such agent requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer, or, lacking such approval, upon the 45th day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application. The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than 10 days after such date. In all other respects the insured and insurer shall have the same rights thereunder as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions endorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement.”.
      (ii) The last sentence of the above provision may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age 50 or in the case of a policy issued after age 44, for at least 5 years from its date of issue.
    (E) (i) A provision as follows:
      “NOTICE OF CLAIM:         Written notice of claim must be given to the insurer within 20 days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at . . . . . . . . . . (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer.”.
      (ii) In a policy providing a loss-of-time benefit which may be payable for at least 2 years, an insurer may at its option insert the following between the 1st and 2nd sentences of the above provision:
      “Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least 2 years, he shall, at least once in every 6 months after having given notice of claim, give to the insurer notice of continuance of said disability, except in the event of legal incapacity. The period of 6 months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured’s right to any indemnity which would otherwise have accrued during the period of 6 months preceding the date on which such notice is actually given.”.
    (F) A provision as follows:
    “CLAIM FORMS:       The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within 15 days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.”
    (G) A provision as follows:
    “PROOFS OF LOSS:       Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within 90 days after the termination of the period for which the insurer is liable and in case of claim for any other loss within 90 days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than 1 year from the time proof is otherwise required.”.
    (H) A provision as follows:
    “TIME OF PAYMENT OF CLAIMS:       Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid . . . . . . . . . . (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof.”.
    (I) (i) A provision as follows:
      “PAYMENT OF CLAIMS:         Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured’s death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured.”.
      (ii) The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer:
      “If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity up to an amount not exceeding $. . . . . . . . . . (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage or domestic partnership of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment.
      “Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may, at the insurer’s option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person.”.
    (J) A provision as follows:
    “PHYSICAL EXAMINATIONS AND AUTOPSY:       The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.”.
    (K) A provision as follows:
    “LEGAL ACTIONS:       No action at law or in equity shall be brought to recover on this policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of 3 years after the time written proof of loss is required to be furnished.”.
    (L) (i) A provision as follows:
      “CHANGE OF BENEFICIARY:         Unless the insured makes an irrevocable designation of beneficiary, the right to change of beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy.”.
      (ii) The 1st clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the insurer’s option.
  (2) Other provisions. — Except as provided in paragraph (3) of this subsection, no such policy delivered or issued for delivery to any person in the District shall contain provisions respecting the matters set forth below unless such provisions are in the words in which the same appear in this paragraph; provided, however, that the insurer may, at its option, use in lieu of any such provision a corresponding provision of different wording approved by the Commissioner which is not less favorable in any respect to the insured or the beneficiary. Any such provision contained in the policy shall be preceded individually by the appropriate caption appearing in this paragraph or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Commissioner may approve:
    (A) A provision as follows:
    “CHANGE OF OCCUPATION:       If the insured be injured or contract sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes his occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the official having supervision of insurance in the jurisdiction where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such jurisdiction prior to the occurrence of the loss or prior to the date of proof of change in occupation.”.
    (B) A provision as follows:
    “MISSTATEMENT OF AGE:       If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.”.
    (C) (i) A provision as follows:
      “OTHER INSURANCE IN THIS INSURER:         If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured be in force concurrently herewith, making the aggregate indemnity for . . . . . . . . . . (insert type of coverage or coverages) in excess of $. . . . . . . . . . (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate.”.
      (ii) Or, in lieu thereof: “Insurance effective at any one time on the insured under a like policy or policies in this insurer is limited to the one such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurer will return all premiums paid for all other such policies.”.
    (D) (i) A provision as follows:
      “INSURANCE WITH OTHER INSURERS:         If there be other valid coverage, not with this insurer, providing benefits for the same loss on a provision of service basis or on an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability under any expense incurred coverage of this policy shall be for such proportion of the loss as the amount which would otherwise have been payable hereunder plus the total of the like amounts under all such other valid coverages for the same loss of which this insurer had notice bears to the total like amounts under all valid coverages for such loss, and for the return of such portion of the premiums paid as shall exceed the pro rata portion for the amount so determined. For the purpose of applying this provision when other coverage is on a provision of service basis, the ‘like amount’ of such other coverage shall be taken as the amount which the services rendered would have cost in the absence of such coverage.”.
      (ii) If the foregoing policy provision is included in a policy which also contains the next following policy provision there shall be added to the caption of the foregoing provision the phrase “—EXPENSE INCURRED BENEFITS.” The insurer may, at its option, include in this provision a definition of “other valid coverage,” approved as to form by the Commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other jurisdiction of the United States or any province of Canada, and by hospital or medical service organizations, and to any other coverage the inclusion of which may be approved by the Commissioner. In the absence of such definition such term shall not include group insurance, automobile medical payments insurance, or coverage provided by hospital or medical service organizations or by union welfare plans or employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workmen’s compensation or employer’s liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be “other valid coverage” of which the insurer has had notice. In applying the foregoing policy provision no 3rd party liability coverage shall be included as “other valid coverage.”
    (E) (i) A provision as follows:
      “INSURANCE WITH OTHER INSURERS:         If there be other valid coverage, not with this insurer, providing benefits for the same loss on other than an expense-incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurer had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss, and for the return of such portion of the premium paid as shall exceed the pro rata portion for the indemnities thus determined.”.
      (ii) If the foregoing policy provision is included in a policy which also contains the next preceding policy provision there shall be added to the caption of the foregoing provision the phrase “—OTHER BENEFITS.” The insurer may, at its option, include in this provision a definition of “other valid coverage,” approved as to form by the Commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other jurisdiction of the United States or any province of Canada, and to any other coverage the inclusion of which may be approved by the Commissioner. In the absence of such definition such term shall not include group insurance, or benefits provided by union welfare plans or by employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workmen’s compensation or employer’s liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be “other valid coverage” of which the insurer has had notice. In applying the foregoing policy provision no 3rd-party liability coverage shall be included as “other valid coverage.”
    (F) (i) A provision as follows:
      “RELATION OF EARNINGS TO INSURANCE:         If the total monthly amount of loss-of-time benefits promised for the same loss under all valid loss-of-time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of 2 years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such 2 years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of $200 or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time.”.
      (ii) The foregoing policy provision may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least age 50 or in the case of a policy issued after age 44, for at least 5 years from its date of issue. The insurer may, at its option, include in this provision a definition of “valid loss-of-time coverage,” approved as to form by the Commissioner, which definition shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other jurisdiction of the United States or any province of Canada, or to any other coverage the inclusion of which may be approved by the Commissioner or any combination of such coverages. In the absence of such definition such term shall not include any coverage provided for such insured pursuant to any compulsory benefit statute (including any workmen’s compensation or employer’s liability statute), or benefits provided by union welfare plans or by employer or employee benefit organizations;
    (G) A provision as follows:
    “UNPAID PREMIUM:       Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.”.
    (H) A provision as follows:
    “CANCELLATION:       The insurer may cancel this policy at any time by written notice delivered to the insured, or mailed to his last address as shown by the records of the insurer, stating when, not less than 5 days thereafter, such cancellation shall be effective; and after the policy has been continued beyond its original term the insured may cancel this policy at any time by written notice delivered or mailed to the insurer, effective upon receipt or on such later date as may be specified in such notice. In the event of cancellation, the insurer will return promptly the unearned portion of any premium paid. If the insured cancels, the earned premium shall be computed by the use of the short-rate table last filed with the official having supervision of insurance in the jurisdiction where the insured resided when the policy was issued. If the insurer cancels, the earned premium shall be computed pro rata. Cancellation shall be without prejudice to any claim originating prior to the effective date of cancellation.”.
    (I) A provision as follows:
    “CONFORMITY WITH STATE STATUTES:       Any provision of this policy which, on its effective date, is in conflict with the statutes of the jurisdiction in which the insured resides on such date is hereby amended to conform to the minimum requirements of such statutes.”.
    (J) A provision as follows:
    “ILLEGAL OCCUPATION:       The insurer shall not be liable for any loss to which a contributing cause was the insured’s commission of or attempt to commit a felony or to which a contributing cause was the insured’s being engaged in an illegal occupation.”.
    (K) Repealed.
  (3) Inapplicable or inconsistent provisions. — If any provision of this subsection is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy the insurer, with the approval of the Commissioner, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of the provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
  (4) Order. — The provisions which are the subject of paragraphs (1) and (2) of this subsection, or any corresponding provisions which are used in lieu thereof in accordance with such paragraphs, shall be printed in the consecutive order of the provisions in such paragraphs or, at the option of the insurer, any such provision may appear as a unit in any part of the policy, with other provisions to which it may be logically related, provided the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the policy is offered, delivered, or issued.
  (5) Third-party rights. — The word “insured,” as used in this section, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein.
  (6) Rules and regulations. — The Council of the District of Columbia may make such reasonable rules and regulations concerning the procedure for the filing or submission of policies subject to this section as are necessary, proper or advisable to the administration of this section. This provision shall not abridge any other authority granted the Commissioner by law.
(d) Conforming to statutory requirements. — (1) Provisions not subject to requirements. — No policy provision which is not subject to subsection (c) of this section shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary then the provisions thereof which are subject to this section.
  (2) Violations and conflicts. — A policy delivered or issued for delivery to any person in the District in violation of this section shall be held valid but shall be construed as provided in this section. When any provision in a policy subject to this section is in conflict with any provision of this section, the rights, duties, and obligations of the insurer, the insured, and the beneficiary shall be governed by the provisions of this section.
(e) Applications. — (1) The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as a part thereof. If any such policy delivered or issued for delivery to any person in the District shall be reinstated or renewed, and the insured or the beneficiary or assignee of such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within 15 days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request, a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving such policy or its reinstatement or renewal.
  (2) No alteration of any written application for any such policy shall be made by any person other than the applicant without his written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.
  (3) The falsity of any statement in the application for any policy covered by this section may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.
(f) Waiver of insurer’s rights. — The acknowledgment by any insurer of the receipt of notice given under any policy covered by this section, or the furnishing of forms for filing proofs of loss, or the acceptance of such proofs, or the investigation of any claim thereunder shall not operate as a waiver of any of the rights of the insurer in defense of any claim arising under such policy.
(g) Limitations on coverage. — If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.
(h) Exceptions. — Except as provided in § 31-4724 , nothing in this section shall apply to or affect:
  (1) Repealed.
  (2) Life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to accident and sickness insurance as:
    (A) Provide additional benefits in case of death or dismemberment or loss of sight by accident; or
    (B) Operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall come to have a total and permanent disability, as defined by the contract or supplemental contract; provided, that no such supplemental contract shall be issued or delivered to any person in the District unless and until a copy of the form thereof has been submitted to and approved by the Commissioner under such reasonable rules and regulations as the Council of the District of Columbia shall make concerning the provisions in such contracts and their submission to and approval by him.
D.C. Code § 31-2006 — DC Code / Title 31 / Chapter 20 / § 31-2006
§ 31-2006. Mandatory Control Level Event.
Status: in_force

(a) For the purposes of this chapter, the term “Mandatory Control Level Event” means any of the following events:
  (1) The filing of an RBC Report which indicates that the insurer’s total adjusted capital is less than its Mandatory Control Level RBC;
  (2) Notification by the Commissioner to the insurer of an Adjusted RBC Report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the Adjusted RBC Report under § 31-2007 ; or
  (3) If, pursuant to § 31-2007 , the insurer challenges an Adjusted RBC Report that indicates the event in paragraph (1) of this subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge.
(b) In the event of a Mandatory Control Level Event:
  (1) With respect to a life insurer or fraternal benefit society, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 13 of this title . In that event, the Mandatory Control Level Event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 13 of this title , and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 13 of this title . If the Commissioner takes actions pursuant to an Adjusted RBC Report, the insurer shall be entitled to the protections of Chapter 13 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the Mandatory Control Level Event if the Commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the 90-day period.
  (2) With respect to a property and casualty insurer, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 13 of this title , or, in the case of an insurer which is writing no business and which is running-off its existing business, may allow the insurer to continue its run-off under the supervision of the Commissioner. In either event, the Mandatory Control Level Event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 13 of this title , and the Commissioner shall have the rights, powers and duties with respect to the insurer as are set forth in Chapter 13 of this title . If the Commissioner takes actions pursuant to an Adjusted RBC Report, the insurer shall be entitled to the protections of Chapter 13 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the Mandatory Control Level Event if the Commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the 90-day period.
D.C. Code § 31-1001 — DC Code / Title 31 / Chapter 10 / § 31-1001
§ 31-1001. Report requirement.
Status: in_force

(a) Every insurer domiciled in the District of Columbia shall file a report with the Commissioner of the Department of Insurance, Securities, and Banking (“Commissioner”) disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations or revisions of ceded reinsurance agreements that have been submitted to the Commissioner for review, approval, or information purposes pursuant to other provisions of the insurance code, laws, regulations, or other requirements.
(b) The report required in subsection (a) of this section is due within 15 days after the end of the calendar month in which any of the transactions enumerated in subsection (a) of this section occur.
(c) One complete copy of the report, including any exhibits or other attachments, shall be filed with:
  (1) The insurance department of the insurer’s state of domicile; and
  (2) The National Association of Insurance Commissioners.
(d) Repealed.
D.C. Code § 31-2602.29 — DC Code / Title 31 / Chapter 26 / § 31-2602.29
§ 31-2602.29. [Omitted].
Status: omitted

Omitted.
D.C. Code § 31-5725 — DC Code / Title 31 / Chapter 57 / § 31-5725
§ 31-5725. Separation of fraternal and insurance activities — General powers, duties, liabilities and structure of activities.
Status: repealed

Repealed.
D.C. Code § 31-2005 — DC Code / Title 31 / Chapter 20 / § 31-2005
§ 31-2005. Authorized Control Level Event.
Status: in_force

(a) For the purposes of this chapter, the term “Authorized Control Level Event” means any of the following events:
  (1) The filing of an RBC Report by the insurer which indicates that the insurer’s total adjusted capital is greater than or equal to its Mandatory Control Level RBC, but less than its Authorized Control Level RBC;
  (2) The notification by the Commissioner to the insurer of an Adjusted RBC Report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the Adjusted RBC Report under § 31-2007 ;
  (3) If, pursuant to § 31-2007 , the insurer challenges an Adjusted RBC Report that indicates the event in paragraph (1) of this subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge;
  (4) The failure of the insurer to respond, in a manner satisfactory to the Commissioner, to a corrective order (provided the insurer has not challenged the corrective order under § 31-2007 ); or
  (5) If the insurer has challenged a corrective order under § 31-2007 and the Commissioner has, after a hearing, rejected the challenge or modified the Corrective Order, the failure of the insurer to respond, in a manner satisfactory to the Commissioner, to the corrective order subsequent to rejection or modification by the Commissioner.
(b) In the event of an Authorized Control Level Event with respect to an insurer, the Commissioner shall:
  (1) Take such actions as are required under § 31-2004 regarding an insurer with respect to which a Regulatory Action Level Event has occurred; or
  (2) If the Commissioner deems it to be in the best interests of the policyholders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control under Chapter 13 of this title . In the event the Commissioner takes such actions, the Authorized Control Level Event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 13 of this title , and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 13 of this title . In the event the Commissioner takes actions under this paragraph pursuant to an Adjusted RBC Report, the insurer shall be entitled to such projections as are afforded to insurers under the provisions of Chapter 13 of this title pertaining to summary proceedings.
D.C. Code § 31-811 — DC Code / Title 31 / Chapter 8 / § 31-811
§ 31-811. Representatives of fraternal benefit societies.
Status: repealed

Repealed.
D.C. Code § 31-4445 — DC Code / Title 31 / Chapter 44 / § 31-4445
§ 31-4445. Procedure for consolidating domestic companies.
Status: in_force

(a) Two or more domestic life companies may consolidate into a new company.
(b) To consolidate, the board of directors of each consolidating company, by resolution adopted by majority vote of the members of the boards, shall approve a plan of consolidation listing the following:
  (1) The names of the companies proposing to consolidate.
  (2) The name of the new company into which they propose to consolidate.
  (3) The terms and conditions of the proposed consolidation.
  (4) The manner and the basis of converting the shares or memberships of each company into:
    (A) Shares, memberships, or other securities of the new company.
    (B) Shares or other securities of another company.
    (C) Cash or property.
  (5) The articles of incorporation for domestic companies organized under this chapter.
  (6) Other provisions with respect to the proposed consolidation as are deemed necessary or desirable.
D.C. Code § 31-4409 — DC Code / Title 31 / Chapter 44 / § 31-4409
§ 31-4409. Amendment of articles of incorporation.
Status: in_force

Any company may amend its articles of incorporation upon publishing notice of such intention, authorized by a majority of its directors, once a week for 3 consecutive weeks in a newspaper of general circulation in the District, and with the written consent of stockholders representing at least two thirds of the capital stock entitled to vote, or two thirds of its members present in person or by proxy at a meeting called for that purpose if it does not have capital stock, and by observing such other and further requirements in that behalf as may be prescribed in its articles of incorporation. Such amendment shall be signed and acknowledged by the president and secretary or like officers of the company, and, with a copy of the proceedings of the stockholders or members, if any, and of the directors, shall be filed with the Commissioner and by him submitted to the Corporation Counsel, and if he finds the amendment and proceedings in conformity with the law, he shall so certify to the Commissioner. The amendment shall not take effect until the Commissioner shall deliver to the company his certified copy of the amendment and of the certificate of the Corporation Counsel.
D.C. Code § 31-854 — DC Code / Title 31 / Chapter 8A / § 31-854
§ 31-854. Civil or administrative proceedings.
Status: in_force

A court may, after an in camera review, require disclosure of material for which the privilege is asserted if the court determines:
(1) The privilege is asserted for fraudulent purposes;
(2) The material is not subject to the privilege; or
(3) Even if subject to the privilege, the material shows evidence of noncompliance with District or federal statutes, rules, or orders and the company failed to take reasonable corrective action or eliminate the noncompliance within a reasonable time.
D.C. Code § 31-2231.17 — DC Code / Title 31 / Chapter 22A / § 31-2231.17
§ 31-2231.17. Unfair claim settlement practices.
Status: in_force

(a) No person shall commit or perform with such frequency as to indicate a general business practice any of the following:
  (1) Knowingly misrepresent pertinent facts or insurance policy provisions relating to the claim at issue;
  (2) Refuse to pay a claim for a reason that is arbitrary or capricious based on all available information;
  (3) Attempt to settle a claim on the basis of an application which is altered without notice to, or the knowledge or consent of, the insured;
  (4) Fail to include with a claim paid to an insured or beneficiary a statement setting forth the coverage under which payment is being made;
  (5) Fail to settle a claim promptly whenever liability is reasonably clear under one portion of a policy in order to influence settlements under other portions of the policy; or
  (6) Fail promptly upon request to provide a reasonable explanation of the basis for a denial of a claim.
(b) No person shall commit or perform with such frequency as to indicate a general business practice any of the following:
  (1) Knowingly misrepresent pertinent facts or insurance policy provisions relating to coverage at issue;
  (2) Fail to acknowledge and act reasonably promptly upon communication with respect to claims arising under insurance policies;
  (3) Fail to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
  (4) Refuse to pay claims without conducting a reasonable investigation;
  (5) Fail to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed or after having completed its investigation related to the claims;
  (6) Not attempt in good faith to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear;
  (7) Compel insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in actions brought by the insureds or beneficiaries;
  (8) Attempt to settle a claim for less than the amount to which a reasonable person would believe the insured or beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application or policy;
  (9) Attempt to settle claims on the basis of an application which was materially altered without notice to or knowledge or consent of the insured;
  (10) Make claims payments to an insured or beneficiary without indicating the coverage under which each payment is being made;
  (11) Make known to insureds or claimants of a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises of less than the amount awarded in arbitration;
  (12) Unreasonably delay the investigation or payment of claims by requiring both a formal proof of loss form and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form;
  (13) Fail, in the case of claims denials or offers of compromise settlement, to promptly provide a reasonable and accurate explanation of the basis for such action; or
  (14) Make false or fraudulent statements or representations on, or relative to an application for, a policy, for the purpose of obtaining a fee, commission, money, or other benefit from a provider or individual person.
(c) The Commissioner may impose a penalty of up to $1,000 for each violation of subsection (a) of this section or of a regulation promulgated under subsection (a) of this section. The Commissioner may impose a penalty for violations of subsection (b) of this section as provided in § 31-4305 , § 31-2602.24 [repealed], § 31-2502.03, and § 31-1105 .
D.C. Code § 31-3932.07 — DC Code / Title 31 / Chapter 39A / § 31-3932.07
§ 31-3932.07. Authorized contracts.
Status: in_force

(a) An SPFC shall insure only the risks of a counterparty and shall not issue a contract for assumption of risk or indemnification of loss other than an SPFC contract; provided, that an SPFC may cede risks assumed through an SPFC contract to third party reinsurers through the purchase of reinsurance or retrocession protection on terms approved by the Commissioner.
(b) An SPFC may enter into agreements with affiliated companies and third parties and conduct other commercial activities related or incidental to and necessary to fulfill the purposes of an SPFC contract and insurance securitization contemplated by the strategic business plan approved by the Commissioner. The agreements may include management and administrative services agreements and other allocation and cost sharing agreements.
(c) An SPFC may enter into swap agreements, or other forms of asset management agreements, including guaranteed investment contracts, or other transactions that have the objective of leveling timing differences in funding of up-front or ongoing transaction expenses or managing asset, credit, or interest rate risk of the investments in the trust to ensure that the investments are sufficient to assure payment or repayment of the securities, and related interest or principal payments, issued pursuant to an SPFC insurance securitization transaction or the obligations of an SPFC under an SPFC contract.
(d) An SPFC contract shall:
  (1) Obligate the SPFC to indemnify the counterparty for losses;
  (2) Require that contingent obligations of the SPFC under the SPFC contract that are securitized through an SPFC insurance securitization be funded and secured with assets held in trust for the benefit of the counterparty;
  (3) Require the SPFC to:
    (A) Enter into a trust agreement that meets the criteria set forth in this section and specifies the recoverables or reserves, or both, to covered; and
    (B) Establish a trust account for the benefit of the counterparty;
  (4) Stipulate that assets deposited in the trust account shall be valued according to their current fair value and shall consist only of permitted investments;
  (5) Require the SPFC, before depositing assets with the trustee, to execute assignments, endorsements in blank, or to transfer legal title to the trustee of all shares, obligations, or any other assets requiring assignments, in order that the counterparty, or the trustee upon the direction of the counterparty, may transfer whenever necessary the assets without consent or signature from the SPFC or another entity;
  (6) Require that all settlements of account between the counterparty and the SPFC be made in cash or its equivalent; and
  (7) Stipulate that the SPFC and the counterparty agree that the assets in the trust account, established pursuant to the provisions of the SPFC contract:
    (A) May be withdrawn by the counterparty at any time, notwithstanding any other provisions in the SPFC contract; and
    (B) Shall be utilized and applied by the counterparty or any successor by operation of law of the counterparty, including, subject to the provisions of § 31-3932.11 , but without further limitation, any liquidator, rehabilitator, receiver, or conservator of the counterparty, without diminution because of insolvency on the part of the counterparty or the SPFC, only for the following purposes:
      (i) To transfer all of the assets into one or more trust accounts for the benefit of the counterparty pursuant to and in accordance with the terms of the SPFC contract and in compliance with the provisions of this subchapter; and
      (ii) To pay any other incurred and paid amounts that the counterparty claims are due pursuant to and under the terms of the SPFC contract and in compliance with this subchapter.
(e) (1) An SPFC contract may allow the SPFC to seek approval from the counterparty to withdraw from the trust all or part of the assets, or income from them, and to transfer the assets to the SPFC; provided, that,
    (A) At the time of the withdrawal, the SPFC shall replace the withdrawn assets, excluding any income withdrawn, with other qualified assets having a fair value equal to the fair value of the assets withdrawn and that meet the requirements of this section; and
    (B) After the withdrawals and transfer, the fair value of the assets in trust securing the obligations of the SPFC under the SPFC contract shall be no less than the amount needed to satisfy the funded requirement of the SPFC contract.
  (2) The counterparty shall be the sole judge as to the application of these provisions, but shall not unreasonably or arbitrarily withhold its approval.
(f) In fulfilling its function, an SPFC shall comply with, and, to the extent of its powers, ensure that contracts obligating other parties to perform certain functions incident to its operations are substantively and materially consistent with, the following requirements and guidelines:
  (1) The assets by the SPFC shall be preserved and administered by or on behalf of the SPFC to satisfy the liabilities and obligations of the SPFC incident to the insurance securitization and other related agreements.
  (2) Assets held by the SPFC in trust shall be valued at their fair value.
  (3) The proceeds from the sale of securities pursuant to the insurance securitization shall be deposited with the trustee to the extent required to secure its obligations under the SPFC contract as provided by this subchapter and shall be held or invested by the trustee pursuant to the provisions of this section and the asset management agreement, if any, filed with the Department.
  (4) (A) Assets of the SPFC, other than those held in trust for the counterparty, and income on trust assets received by the SPFC may be used to pay interest on, or other consideration with respect to, any securities, outstanding debt, or other obligation of the SPFC.
    (B) This paragraph shall not prevent an SPFC from entering into a swap agreement or other asset management transaction that has the effect of hedging or guaranteeing the fixed or floating interest rate returns paid on the assets in trust or required for the securities issued by the SPFC generated from or other consideration or payment flows in the transaction.
  (5) In the SPFC insurance securitization, the contracts or other relating documentation shall identify the SPFC.
(g) Unless otherwise approved by the Commissioner, an SPFC shall not:
  (1) Issue or otherwise administer primary insurance policies;
  (2) Enter into an SPFC contract with a person that is not licensed or otherwise authorized to transact the business of insurance or reinsurance in at least its state or country of domicile;
  (3) Assume or retain exposure to insurance or reinsurance losses for its own account that is not funded by proceeds from an SPFC securitization that complies with the provisions of this subchapter; provided, that the SPFC may wholly or partially reinsure or retrocede the risks assumed to a third party reinsurer on terms approved by the Commissioner;
  (4) Have any direct obligation to the policyholders or reinsureds of the counterparty; or
  (5) Lend or otherwise invest, or place in custody, trust, or under management any of its assets with, or to borrow money or receive a loan from, other than by issuance of the securities pursuant to an insurance securitization, or advance from, anyone convicted of a felony, anyone who is untrustworthy or of known bad character, or anyone convicted of a criminal offense involving the conversion or misappropriation of fiduciary funds or insurance accounts, theft, deceit, fraud, misrepresentation, or corruption.
D.C. Code § 31-6007 — DC Code / Title 31 / Chapter 60 / § 31-6007
§ 31-6007. Plan of operation; notice of claims against insurers.
Status: repealed

Repealed.
D.C. Code § 31-106.02d — DC Code / Title 31 / Chapter 1 / § 31-106.02d
§ 31-106.02d. Affirmative duties – private education lenders.
Status: in_force

(a) For a private education loan issued on or after the applicability date of this section:
  (1) A private education lender or student loan servicer acting on behalf of a private education lender when notified of the total and permanent disability of a student loan borrower or cosigner shall release any cosigner from the obligations under the private education loan. The private education lender shall not attempt to collect a payment from a cosigner after being notified of the total and permanent disability of the cosigner or borrower.
  (2) A private education lender shall notify a student loan borrower and cosigner for a private education loan if either a cosigner or the student loan borrower is released from the obligations of the private education loan under this subsection within 30 days of the release.
  (3) A private education lender that extends a private education loan to a student loan borrower shall provide the student loan borrower an option to designate an individual to have the legal authority to act on behalf of the student loan borrower with respect to the private education loan in the event of the total and permanent disability of the student loan borrower.
  (4) In the event a cosigner is released from the obligations of a private education loan pursuant to paragraph (1) of this subsection, the private education lender shall not require the student loan borrower to obtain another cosigner on the private education loan obligation.
  (5) A private education lender shall not declare a default or accelerate the debt against the student loan borrower on the sole basis of the release of the cosigner from the private education loan obligation.
  (6) A private education lender shall when notified of the total and permanent disability of a student loan borrower discharge the liability of the student loan borrower and cosigner on the private education loan.
  (7) After receiving a notification pursuant to paragraph (1) of this subsection, the private education lender shall not attempt to collect on the outstanding liability of the student loan borrower or cosigner or monitor the disability status of the student loan borrower after the date of discharge.
(b) Availability of alternative repayment plans.
  (1) If a private education lender offers a student loan borrower flexible or modified repayment options in connection with a private education loan, those flexible repayment options shall be made available to all borrowers and the private education lender shall:
    (A) Provide on its website a description of any alternative repayment options offered by the private education lender for a private education loan; and
    (B) Establish policies and procedures to facilitate evaluation of private education loan flexible repayment option requests, including providing accurate information regarding any private education loan alternative repayment options that may be available to the student loan borrower through a promissory note or that may have been marketed to the student loan borrower through marketing materials.
  (2) A private education lender or a student loan servicer acting on behalf of a private education lender shall consistently present and offer flexible or modified private education loan repayment options to student loan borrowers with similar financial circumstances, if the private education lender offers such repayment options.
(c) (1) Prior to the extension of a private education loan that requires a cosigner, a private education lender shall deliver the following information to the cosigner:
    (A) How the private education loan obligation shall appear on the cosigner's credit;
    (B) How the cosigner shall be notified if the private education loan becomes delinquent, including how the cosigner can cure the delinquency in order to avoid negative credit furnishing and loss of cosigner release eligibility; and
    (C) Eligibility for release of the cosigner's obligation on the private education loan, including the number of on-time payments and any other criteria required to approve the release of the cosigner from the private education loan obligation.
  (2) Prior to offering a person a private education loan that is being used to refinance an existing education loan, a private education lender shall provide the person a disclosure that benefits and protections applicable to the existing loan may be lost due to the refinancing.
  (3) The information provided pursuant to this section shall be provided on a one-page information sheet in a 12-point font and shall be written in simple, clear, understandable and easily readable language as provided in the Plain Writing Act of 2010 (5 U.S.C. § 301, note).
(d) (1) For any private education loan that obligates a cosigner, a private education lender shall provide the student loan borrower and the cosigner an annual written notice containing information about cosigner release, including the administrative, objective criteria the private education lender requires to approve the release of the cosigner from the private education loan obligation and the process for applying for cosigner release.
  (2) If the student loan borrower has met the applicable requirements to be eligible for cosigner release, the private education lender shall send the student loan borrower and the cosigner a written notification by U.S. mail, and by electronic mail when a student loan borrower or cosigner has elected to receive electronic communications from the private education lender, informing the student loan borrower and cosigner that the requirements to be eligible for cosigner release have been met.
  (3) A private education lender shall provide written notice to a borrower who applies for cosigner release, but whose application is incomplete. The written notice shall include a description of the information needed to consider the application complete and the date by which the applicant must furnish the missing information.
  (4) (A) Within 30 days after a student loan borrower submits a completed application for cosigner release, the private education lender shall send the student loan borrower and the cosigner a written notice that informs the student loan borrower and cosigner whether the cosigner release application has been approved or denied.
    (B) If the private education lender denies the request for cosigner release, the student loan borrower may request any documents or information used in the determination, including the credit score threshold used by the private education lender, the student loan borrower's consumer report, the student loan borrower's credit score, and any other documents specific to the student loan borrower. The private education lender shall also provide any adverse action notices required under applicable federal law if the denial is based in whole or in part on any information contained in a consumer report.
  (5) In response to a written or oral request for cosigner release, a private education lender shall provide the information described in paragraph (1) of this subsection.
  (6) A private education lender shall not impose any restriction that permanently bars a student loan borrower from qualifying for cosigner release, including restricting the number of times a student loan borrower may apply for cosigner release.
  (7) (A) A private education lender shall not impose any negative consequences on a student loan borrower or cosigner during the 60 days following the issuance of the notice required pursuant to paragraph (3) of this subsection or until the private education lender makes a final determination about a borrower's cosigner release application.
    (B) For the purpose of this paragraph, the term "negative consequences" includes the imposition of additional eligibility criteria, negative credit reporting, lost eligibility for cosigner release, late fees, interest capitalization, or other financial penalty.
  (8) (A) For a private education loan executed after the applicable date of this section, a private education lender shall not require more than 12 consecutive, on-time payments as a requirement for cosigner release.
    (B) A student loan borrower who has paid the equivalent of 12 months of principal and interest payments within any 12-month period shall be considered to have satisfied a consecutive, on-time payment requirement even if the student loan borrower has not made payments monthly during the 12-month period.
  (9) If a student loan borrower or cosigner requests a change in terms that restarts the counting of consecutive, on-time payments required for cosigner release, the private education lender shall notify the student loan borrower and cosigner in writing of the impact of the change and provide the student loan borrower or the cosigner the right to withdraw or reverse the request to avoid that impact.
  (10) (A) A student loan borrower shall have the right to request a reconsideration of a private education lender's denial of a request for cosigner release, and the private education lender shall permit the student loan borrower to submit additional documentation evidencing the borrower's ability to meet the payment obligations.
    (B) The student loan borrower may request review of the cosigner release determination by a different employee than the employee who made the original determination.
  (11) (A) A private education lender shall establish and maintain a comprehensive record-management system ("record-management system") reasonably designed to ensure the accuracy, integrity, and completeness of data and other information about cosigner release applications and compliance with applicable District and federal laws, including the Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq .) and the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq .).
    (B) The record-management system shall also include the:
      (i) Number of cosigner release applications received;
      (ii) Approval and denial rate; and
      (iii) primary reasons for any denial.
(e) (1) A private education lender shall provide a cosigner with access to all documents or records related to the cosigned private education loan that are available to the student loan borrower.
  (2) If a private education lender provides electronic access to documents and records for a student loan borrower, it shall provide the equivalent electronic access to the cosigner.
  (3) Upon written notice from the student loan borrower or cosigner, the private education lender may redact or withhold contact information for the student loan borrower and cosigner.
D.C. Code § 31-2602.10 — DC Code / Title 31 / Chapter 26 / § 31-2602.10
§ 31-2602.10. Taxation of companies—Tax on average earnings on reserves for unpaid losses and unexpired premiums.
Status: repealed

Repealed.
D.C. Code § 31-5041.05 — DC Code / Title 31 / Chapter 50B / § 31-5041.05
§ 31-5041.05. Policyholder treatment.
Status: in_force

(a) Unless otherwise agreed upon in writing, if a title insurance commitment is issued before issuing an owners title insurance policy, the title insurance producer or insurer shall furnish the title insurance commitment no later than the time of closing. The commitment shall be accompanied by the following statement on the 1st page in bold type:
“Please read the exceptions and the terms shown or referred to herein carefully. The exceptions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this form is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.”
(b) (1) A title insurance producer or insurer which has been requested to issue a lender’s title insurance policy in conjunction with a mortgage loan made simultaneously with the purchase of all or part of an owner-occupied property securing the loan, where no owner’s title insurance policy has been requested, shall give written notice, on a form prescribed or approved by the Commissioner, to the purchaser-mortgagor at the time the commitment is prepared. The notice shall explain:
    (A) A lender’s title insurance policy is to be issued protecting the mortgage-lender;
    (B) The policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the property being purchased;
    (C) What a title policy insures against and what possible exposures exist for the purchaser-mortgagor that could be insured against through the purchase of an owner’s policy; and
    (D) The purchaser-mortgagor may obtain an owner’s title insurance policy protecting the property owner at a specified cost or approximate cost, if the proposed coverages or amount of insurance is not then known.
  (2) A copy of the notice, signed by the purchaser-mortgagor, shall be retained in the relevant underwriting file at least 3 years after the effective date of the policy.
D.C. Code § 31-804 — DC Code / Title 31 / Chapter 8 / § 31-804
§ 31-804. Licensing procedure.
Status: repealed

Repealed.
D.C. Code § 31-1314 — DC Code / Title 31 / Chapter 13 / § 31-1314
§ 31-1314. Termination of rehabilitation.
Status: in_force

(a) Whenever the Commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public, or would be futile, the Commissioner may petition the Superior Court of the District of Columbia for an order of liquidation. A petition under this subsection shall have the same effect as a petition under § 31-1315 . The Superior Court of the District of Columbia shall permit the directors of the insurer to take any action reasonably necessary to defend against the petition and may order payment from the estate of the insurer of the costs and other expenses of defense as justice may require.
(b) The protection of the interests of insureds, claimants, and the public requires the timely performance of all insurance policy obligations. If the payment of policy obligations is suspended in substantial part for a period of 6 months at any time after the appointment of the rehabilitator and the rehabilitator has not filed an application for approval of a plan under § 31-1312(e) , the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency.
(c) The rehabilitator may at any time petition the Superior Court of the District of Columbia for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of the costs and other expenses of the petition as justice may require. If the Superior Court of the District of Columbia finds that rehabilitation has been accomplished and that grounds for rehabilitation under § 31-1310 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the business. The Superior Court of the District of Columbia may also make that finding and issue that order at any time upon its own motion.
D.C. Code § 31-3303.06 — DC Code / Title 31 / Chapter 33 / § 31-3303.06
§ 31-3303.06. Availability.
Status: in_force

(a) If coverage is offered to small employers under this subchapter, such coverage shall be offered and made available to every small employer that applies for such coverage. Participation in such plan shall be made available to all the eligible employees of a covered small employer and their dependents. No coverage may be offered to only certain eligible employees or their dependents and no employees or their dependents may be excluded or charged additional premiums because of health status.
(b) No coverage offered under this subchapter shall exclude an employer based solely on the nature of the employer’s business.
(c) Subsection (a) of this section shall not apply to health insurance coverage offered by a health insurer if such coverage is made available in the small group market only through one or more bona fide associations.
(d) A health insurer that offers health insurance coverage in a small group market through a network plan may:
  (1) Limit the employees that may apply for such coverage to those eligible individuals who live, work, or reside in the service area for such network plan; or
  (2) Within the service area of such plan, deny such coverage to such employers if the health insurer has demonstrated, if required, to the satisfaction of the Commissioner that:
    (A) It will not have the capacity to deliver services adequately to enrollees of any additional groups because of its obligations to existing group contract holders and enrollees; and
    (B) It is applying this subdivision uniformly to all employers without regard to the claims experience of those employers and their employees (and their dependents) or any health status-related factors relating to such employees and dependents.
(e) A health insurer, upon denying health insurance coverage in the District of Columbia in accordance with subsection (d)(2) of this section, may not offer coverage in the small group market within such service area for a period of 180 days after the date such coverage is denied.
(f) A health insurer may deny health insurance coverage in the small group market if the health insurer has demonstrated, if required, to the satisfaction of the Commissioner that:
  (1) It does not have the financial reserves necessary to underwrite additional coverage; and
  (2) It is applying this subdivision uniformly to all employers in the small group market in the District of Columbia consistent with the laws of this District of Columbia and without regard to the claims experience of those employers and their employees (and their dependents) or any health status-related factor relating to such employees and dependents.
(g) (1) No health insurer offering group health insurance coverage is required to offer coverage or accept applications pursuant to subsection (a) of this section if the Commissioner determines that acceptance of an application or applications would result in the health insurer being declared an impaired insurer.
  (2) A health insurer offering group health insurance coverage that does not offer coverage pursuant to subsection (f) of this section may not offer coverage to small employers until the Commissioner determines that the health insurer is no longer impaired.
(h) A health insurer upon denying health insurance coverage in connection with group health plans in accordance with subsection (d) of this section in the District of Columbia may not offer coverage in connection with group health plans in the small group market for a period of 180 days after the date such coverage is denied or until the health insurer has demonstrated to the satisfaction of the Commissioner that the health insurer has sufficient financial reserves to underwrite additional coverage, whichever is later.
(i) (1) Nothing in this chapter shall be construed to preclude a health insurer from establishing employer contribution rules or group participation rules in connection with a health benefit plan offered in the small group market.
  (2) As used in this subchapter, the term “employer contribution rule” means a requirement relating to the minimum level or amount of employer contribution toward the premium for enrollment of eligible individuals, and the term “group participation rule” means a requirement relating to the minimum number of eligible employees that must be enrolled in relation to a specified percentage or number of eligible employees.
  (3) Any employer contribution rule or group participation rule shall be applied uniformly among small employers without reference to the size of the small employer group, health status of the small employer group, or other factors.
(j) (1) A group health plan or health insurer offering group health insurance coverage that fails to fairly market to small employers as required by this section may not offer coverage in the District of Columbia to new small employers until the later of 180 days after the unfair marketing has been identified and proven to the Commissioner or the date on which the health insurer submits, and the Commissioner approves, a plan to fairly market to the health insurer’s established geographic service area.
  (2) No health maintenance organization is required to offer coverage or accept applications pursuant to subsection (a) of this section in the case of any of the following:
    (A) To small employers where the policy would not be delivered or issued for delivery in the health maintenance organization’s approved service areas;
    (B) To an employee where the employee does not reside or work within the health maintenance organization’s approved service areas; or
    (C) Within an area where the health maintenance organization demonstrates to the satisfaction of the Commissioner that it will not have the capacity within that area and its network of providers to deliver services adequately to the enrollees of those groups because of its obligations to existing group contract holders and enrollees.
  (3) A health maintenance organization that does not offer coverage pursuant to this subsection may not offer coverage in the applicable area to new employer groups with more than 50 eligible employees until the later of 180 days after closure to new applications or the date on which the carrier health maintenance organization notifies the Commissioner that it has regained capacity to deliver services to small employers.
D.C. Code § 31-3302.01 — DC Code / Title 31 / Chapter 33 / § 31-3302.01
§ 31-3302.01. Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage.
Status: in_force

(a) This subchapter applies only to those health insurers that offer individual health insurance coverage in the District of Columbia. Nothing in this subchapter shall require health insurers participating only in the group health insurance market to offer individual health insurance coverage.
(b) A health insurer may not offer any individual health benefit plans in the District of Columbia unless the health insurer offers, and actively markets, the policies required by this section.
(c) Unless a health insurer makes an election under subsection (d)(2) of this section, the health insurer may not:
  (1) Decline to offer coverage to, or deny enrollment of, an eligible individual; or
  (2) Impose any preexisting condition provision on an eligible individual.
(d) (1) A health insurer that makes an election under paragraph (2) of this subsection may choose to offer at least 2 different policy forms, both of which are designed for, made generally available to, actively marketed to, and enroll both eligible individuals and other individuals.  Policy forms that have different cost-sharing arrangements or different riders shall be considered to be different policy forms.
  (2) No later than July 1, 1997, a health insurer that intends to offer 2 policy forms shall submit in writing to the Commissioner both:
    (A) An election whether to offer (i) a high level and low level policy form, each of which includes benefits substantially similar to other individual health insurance coverage offered by the health insurer in the District of Columbia, or (ii) policy forms with the largest and next to largest premium volume of all policy forms offered by the health insurer in the District of Columbia; and
    (B) An election as to which methodology the health insurer will use to determine the weighted average valuation as defined in § 31-3301.01(45) .
  (3) An election made under this section shall be binding for a 2-year period.  After the initial 2-year period, and for each subsequent 2-year period, a health insurer shall again make the elections required by this section.
  (4) An election shall be made on a form and in a manner required by the Commissioner.
  (5) The actuarial value of benefits provided under individual health insurance coverage shall be calculated based on a standardized population and a set of standardized utilization and cost factors.
  (6) A health insurer shall submit any information the Commissioner may require to support and justify the health insurer’s calculations of actuarial values.
  (7) A health insurer shall issue the individual health benefit plan elected under this section to any eligible individual.
  (8) A health insurer shall not impose any pre-existing condition provision on an eligible individual.
D.C. Code § 31-1372.02 — DC Code / Title 31 / Chapter 13A / § 31-1372.02
§ 31-1372.02. General 3% diversification, medium and lower grade investments, and Canadian investments.
Status: in_force

(a) (1) Except as otherwise specified in this chapter, an insurer shall not acquire, directly or indirectly through an investment subsidiary, an investment under this chapter if, as a result of and other giving effect to the investment, the insurer would hold more than 3% of its admitted assets in investments of all kinds issued, assumed, accepted, insured, or guaranteed by a single person.
  (2) The 3% limitation shall not apply to the aggregate amounts insured by a single financial guaranty insurer with the highest generic rating issued by a nationally recognized statistical rating organization.
  (3) Asset-backed securities shall not be subject to the limitations of paragraph (1) of this subsection; provided, that an insurer shall not acquire an asset-backed security if, as a result of and after giving effect to the investment, the aggregate amount of asset-backed securities secured by or evidencing an interest in a single asset or single pool of assets held by a trust or other business entity held by the insurer would exceed 3% of its admitted assets.
(b) (1) An insurer shall not acquire, directly or indirectly through an investment subsidiary, an investment under §§ 31-1372.03 , 31-1372.06 , or 31-1372.09 , or counterparty exposure under § 31-1372.10(d) if, as a result of and after giving effect to the investment:
    (A) The aggregate amount of medium and lower grade investments then held by the insurer would exceed 20% of its admitted assets;
    (B) The aggregate amount of lower grade investments then held by the insurer would exceed 10% of its admitted assets;
    (C) The aggregate amount of investments rated 5 or 6 by the SVO then held by the insurer would exceed 3% of its admitted assets;
    (D) The aggregate amount of investments rated 6 by the SVO then held by the insurer would exceed one percent of its admitted assets; or
    (E) The aggregate amount of medium and lower grade investments held by the insurer that receive as cash income less than the equivalent yield for Treasury issues with a comparative average life would exceed one percent of its admitted assets.
  (2) An insurer shall not acquire, directly or indirectly through an investment subsidiary, an investment under § 31-1372.03 , § 31-1372.06 , or § 31-1372.09 , or counterparty exposure under § 31-1372.10(d) if, as a result of and after giving effect to the investment:
    (A) The aggregate amount of medium and lower grade investments issued, assumed, guaranteed, accepted, or insured by any one person or, as to asset-backed securities, secured by or evidencing an interest in a single asset or pool of assets held by the insurer would exceed one percent of its admitted assets; or
    (B) The aggregate amount of lower grade investments issued, assumed, guaranteed, accepted, or insured by any one person or, as to asset-backed securities secured by or evidencing an interest in a single asset or pool of assets, then held by the insurer would exceed 0.5% of its admitted assets.
  (3) If an insurer attains or exceeds the limit of any rating category referred to in this subsection, the insurer shall not be precluded from acquiring investments in other rating categories subject to the specific and multi-category limits applicable to those investments.
(c) (1) An insurer shall not acquire, directly or indirectly through an investment subsidiary, a Canadian investment authorized by this chapter if, as a result of and after giving effect to the investment, the aggregate amount of these investments then held by the insurer would exceed 40% of its admitted assets or if the aggregate amount of Canadian investments not acquired under § 31-1372.03(b) held by the insurer would exceed 25% of its admitted assets.
  (2) For an insurer that is authorized to do business in Canada or that has outstanding insurance, annuity, or reinsurance contracts on lives or risks resident or located in Canada and denominated in Canadian currency, the limitations of paragraph (1) of this subsection shall be increased by the greater of:
    (A) The amount the insurer is required by Canadian law to invest in Canada or to be denominated in Canadian currency; or
    (B) One hundred fifteen percent of the amount of its reserves and other obligations under contracts on lives or risks resident or located in Canada.
D.C. Code § 31-5717 — DC Code / Title 31 / Chapter 57 / § 31-5717
§ 31-5717. Exceptions to provisions — Associations or individuals using name of previously existing corporation.
Status: repealed

Repealed.
D.C. Code § 31-4317 — DC Code / Title 31 / Chapter 43 / § 31-4317
§ 31-4317. Deposit of securities by companies desiring to transact business — Withdrawal upon discontinuance of business or reinsurance.
Status: in_force

(a) When a company determines to discontinue its business or to cease to do business in the District and desires to withdraw its deposit made in the District pursuant to this subdivision the Commissioner shall, upon the application of the company, and at its expense, give notice of such intention in a newspaper of general circulation in the District once a week for 3 consecutive weeks. After such publication he shall deliver to such company or its assigns the securities so deposited when he is satisfied upon examination and investigation made by him or under his authority and upon the oaths of the president and secretary or other chief officers of the company that all debts and liabilities of every kind due and to become due which the deposit was made to secure are paid and extinguished; provided, that the Commissioner may require any company so withdrawing from the District to furnish bond to cover any undisclosed or contingent liabilities.
(b) Upon a company being wholly reinsured the Commissioner may deliver to it or to its assigns all securities deposited by it upon compliance with the following condition: The reinsuring company shall assume and agree to discharge all liabilities of every kind due and to become due which the deposit of the reinsured company was made to secure. Such reinsuring company shall have a deposit in the District or with some state official in the United States in securities recognized by this law as lawful investments of the company in an amount and value not less than the deposit required of the reinsured company. The deposit of the reinsuring company shall be such that it will subsist for the security of the obligations of the reinsured company assumed by the reinsuring company. The Commissioner shall give notice of such reinsurance agreement and of the application for the deposit once a week for 3 consecutive weeks in a newspaper of general circulation in the District before the delivery of such securities to the reinsuring company.
D.C. Code § 31-4202 — DC Code / Title 31 / Chapter 42 / § 31-4202
§ 31-4202. Definitions.
Status: in_force

In this subdivision, unless the context otherwise requires:
(1) “District” means the District of Columbia.
(2) “Mayor” means the Mayor of the District of Columbia.
(3) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking of the District of Columbia, or the officer or officers, agency or agencies succeeding to his functions under Reorganization Plan No. 5 of 1952.
(4) “Department” means the Department of Insurance, Securities, and Banking of the District of Columbia.
(5) “Company” means any life insurance company and includes a corporation, company, or association of persons engaged in, or proposing to engage in, the business of life insurance.
(6) “Domestic company” means an insurance company organized under the laws of the District, or formed or organized under an act of Congress.
(7) “Foreign company” means an insurance company organized under the laws of any state of the United States, or of any territory or insular possession of the United States.
(8) “Alien company” means a company organized under the laws of any country other than the United States or a territory or insular possession thereof.
(9) “Person” includes individuals, corporations, associations, and partnerships; personal pronouns include all genders; the singular includes the plural, and the plural includes the singular.
(10) The term “general agent” in this subdivision shall include an individual, copartnership, or corporation authorized in writing by a company, association, or exchange to solicit risks and collect premiums, and/or issue policies in its behalf.
(11) The term “agent” in this subdivision shall include an individual, copartnership, or corporation authorized in writing by a company, association, or exchange to solicit risks and collect premiums in its behalf.
(12) The term “solicitor” in this subdivision shall include any individuals authorized in writing by a duly licensed agent to solicit risks and collect premiums in behalf of said agent.
(13) The terms “agent” and “solicitor” shall not include officers or salaried employees of any company, association, or exchange which is authorized to transact business in the District, who do not solicit, negotiate, or place risks.
(14) The term “broker” in this subdivision shall include consultant, surveyor and/or any person, partnership, association, or corporation who, for money, commission, or anything of value, acts or aids in any manner on behalf of the insured in negotiating contracts of insurance or placing risks or taking out insurances, including surety bonds.
(15) “Net premium receipts” means gross premiums received less the sum of the following:
  (A) Premiums returned on policies cancelled or not taken;
  (B) Premiums paid for reinsurances where the same are paid to companies duly licensed to do business in the District; and
  (C) Dividends paid in cash or used by policyholders in payment of renewal premiums or in purchase of paid-up additional insurance.
(16) “Surplus” means the excess of admitted assets over liabilities and capital, in the case of a company with capital stock, and the excess of admitted assets over liabilities in the case of a company without capital stock.
(17) “Liabilities” means all debts, due or to become due, contingent or otherwise, of which the company has knowledge, and includes the reserves required by this subdivision.
(18) “Industrial life insurance” means that form of life insurance, either: (A) Under which the premiums are payable weekly; or (B) under which the premiums are payable monthly or oftener; if the face amount of insurance provided in the policy is less than $1,000, and the words “industrial policy” are plainly printed upon the policy as a part of the descriptive matter.
(19) “Admitted assets” includes the investments authorized or permitted pursuant to the National Association of Insurance Commissioners Accounting Practices and Procedures Manual.
(20) “Domestic partner” shall have the same meaning as provided in § 32-701(3) .
(21) “Domestic partnership” shall have the same meaning as provided in § 32-701(4) ).
D.C. Code § 31-1351 — DC Code / Title 31 / Chapter 13 / § 31-1351
§ 31-1351. Ancillary formal proceedings.
Status: in_force

(a) If a domiciliary liquidator has been appointed for an insurer not domiciled in the District, the Commissioner may file a petition with the Superior Court of the District of Columbia requesting appointment as ancillary receiver in the District:
  (1) If he or she finds that there are sufficient assets of the insurer located in the District to justify the appointment of an ancillary receiver; or
  (2) If the protection of creditors or policyholders in the District so requires.
(b) The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with the recorder of deeds in the District imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds.
(c) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in the District may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in the District. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in the District, and shall pay the necessary expenses of the proceedings. He or she shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in the District.
(d) When a domiciliary liquidator has been appointed in the District, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties, and powers to those provided in subsection (c) of this section for ancillary receivers appointed in the District.
D.C. Code § 31-3451.06 — DC Code / Title 31 / Chapter 34A / § 31-3451.06
§ 31-3451.06. Mandatory Control Level Event.
Status: in_force

(a) If a Mandatory Control Level Event occurs, the Commissioner shall take such action as is necessary to place the health organization under regulatory control under Chapter 34 of this title or Chapter 13 of this title . In such event, the Mandatory Control Level Event shall be sufficient reason for the Commissioner to take action under Chapter 34 of this title or Chapter 13 of this title . In such event, the Commissioner shall have the rights, powers, and duties with respect to the health organization as are set forth in Chapter 34 of this title and Chapter 13 of this title .
(b) If the Commissioner takes action under subsection (a) of this section pursuant to an adjusted RBC report, the health organization shall be entitled to the protections of Chapter 34 of this title and Chapter 13 of this title pertaining to summary proceedings.
(c) Notwithstanding the provisions of subsections (a) or (b) of this section, the Commissioner may forego action for up to 90 days after the Mandatory Control Level Event if the Commissioner finds there is a reasonable expectation that the Mandatory Control Level Event may be eliminated within the 90-day period.
D.C. Code § 31-5204 — DC Code / Title 31 / Chapter 52 / § 31-5204
§ 31-5204. Principal office and books, records, and files of corporation to be in District; exception; reincorporation of certain corporations; violations; prosecutions.
Status: in_force

(a) Any corporation now or hereafter formed or organized under any provision of law in force and effect in the District of Columbia to engage in an insurance business shall maintain its principal office within said District and shall keep its books, records, and files therein, and shall not remove from said District either its principal office or its books, records, or files without the permission of the Mayor of the District of Columbia first had and obtained; provided, however, that nothing contained in this section shall be construed to apply to the books, records, and files of any such corporation kept in a branch office agency of such corporation, which books, records, and files relate solely to the business transacted by the said branch office agency; and provided further, that any insurance corporation created by special act of Congress is authorized upon resolution of its board of directors or trustees to reincorporate under the laws of any state of the United States, a certified copy of such resolution of such board of directors or trustees having first been filed in the Office of the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] of the District of Columbia and recorded in the Office of the Recorder of Deeds of the District of Columbia. Upon compliance with the above conditions, the assets of the said corporation shall thereby become vested in the new corporation. Said new corporation shall faithfully carry out any and every right, obligation, and liability of said original corporation.
(b) Any corporation violating any of the provisions of this section shall forthwith forfeit its charter, which forfeiture shall operate as a revocation of its license to do business within said District.
(c) Any officer, agent, or employee of any such corporation who shall violate any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall pay a fine of not less than $300 or be imprisoned for not more than 90 days, or by both such fine and imprisonment. All prosecutions under this section shall be upon information filed in the Superior Court of the District of Columbia in the name of the District of Columbia by the Corporation Counsel thereof or any of his assistants.
D.C. Code § 31-3303.13a — DC Code / Title 31 / Chapter 33 / § 31-3303.13a
§ 31-3303.13a. Treatment of certain multiple employer welfare arrangements.
Status: in_force

The Commissioner may issue rules to create a grandfathered status with respect to any of the requirements of this chapter for multiple employer welfare arrangements that existed and operated in the District as of December 15, 2017, and comply with federal law and regulations applicable to multiple employer welfare arrangements as of December 15, 2017.
D.C. Code § 31-6201 — DC Code / Title 31 / Chapter 62 / § 31-6201
§ 31-6201. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-3302.09 — DC Code / Title 31 / Chapter 33 / § 31-3302.09
§ 31-3302.09. Construction.
Status: in_force

Nothing in this subchapter shall be construed to:
(1) Restrict the amount of the premium rates that an issuer may charge an individual for health insurance coverage provided in the individual market; or
(2) Prevent a health insurer offering health insurance coverage in the individual market from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.
D.C. Code § 31-3910 — DC Code / Title 31 / Chapter 39 / § 31-3910
§ 31-3910. Financial examination.
Status: repealed

Repealed.
D.C. Code § 31-3137 — DC Code / Title 31 / Chapter 31A / § 31-3137
§ 31-3137. Rules and regulations.
Status: in_force

The Commissioner may adopt rules and regulations as necessary to implement this chapter.
D.C. Code § 31-1375.01 — DC Code / Title 31 / Chapter 13A / § 31-1375.01
§ 31-1375.01. Regulations.
Status: in_force

The Commissioner may, in accordance with § 2-505 , promulgate rules and regulations to carry out the purposes of this chapter.
D.C. Code § 31-5302 — DC Code / Title 31 / Chapter 53 / § 31-5302
§ 31-5302. Operation for benefit of members and their beneficiaries; bylaws.
Status: in_force

(a) (1) A society shall operate for the benefit of its members and their beneficiaries by:
    (A) Providing benefits as specified in § 31-5313 ; and
    (B) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, which may also be extended to others.
  (2) The purposes of paragraph (2) of this subsection may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated organizations.
(b) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It shall have the power to change, alter, add to, or amend such laws and rules and shall have other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.
D.C. Code § 31-501 — DC Code / Title 31 / Chapter 5 / § 31-501
§ 31-501. Credit allowed a domestic ceding insurer.
Status: in_force

(a) (1) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of subsections (b), (c), (d), (e), (f), or (g) of this section; provided, that the Commissioner may adopt by regulation specific additional requirements relating to or setting forth the:
    (A) Valuation of assets or reserve credits;
    (B) Amount and forms of security supporting reinsurance arrangements; and
    (C) Circumstances pursuant to which credit will be reduced or eliminated.
  (2) Credit shall be allowed under subsections (b), (c), or (d) of this section only in respect to cessions of those kinds or classes of business that the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile or, in the case of a United States branch of an alien assuming insurer, in the state through which it is entered and is licensed to transact insurance or reinsurance.
  (3) Credit shall be allowed under subsections (d) or (e) of this section only if the applicable requirements of subsection (h) of this section have been satisfied.
(b) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is licensed to transact insurance or reinsurance in the District.
(c) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is accredited by the Commissioner of the Department of Insurance, Securities, and Banking (“Commissioner”) as a reinsurer in the District. To be eligible for accreditation, a reinsurer shall:
  (1) File with the Commissioner evidence of its submission to the District’s jurisdiction;
  (2) Submit to the District’s authority to examine its books and records;
  (3) Be licensed to transact insurance or reinsurance in at least one state, or, in the case of a United States branch of an alien assuming insurer, entered through and licensed to transact insurance or reinsurance in at least one state;
  (4) File annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and
  (5) Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount not less than $20 million and its accreditation has not been denied by the Commissioner within 90 days after submission of its application.
(d) (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is domiciled in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state that employs standards regarding credit for reinsurance substantially similar to those applicable under this statute, and the assuming insurer or United States branch of an alien assuming insurer:
    (A) Maintains a surplus as regards policyholders in an amount not less than $20 million; and
    (B) Submits to the authority of the District to examine its books and records.
  (2) The requirement of paragraph (1)(A) of this subsection does not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system.
(e) (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that maintains a trust fund in a qualified United States financial institution, as defined in § 31-503(b) , for the payment of the valid claims of its United States ceding insurers, their assigns, and successors in interest. To enable the Commissioner to determine the sufficiency of the trust fund, the assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers. The assuming insurer shall submit to examination of its books and records by the Commissioner and bear the expense of the examination.
  (2) (A) Credit for reinsurance shall not be granted under this subsection unless the form of the trust and any amendments to the trust have been approved by the commissioner of the state where the trust is domiciled or the commissioner of another state who, pursuant to the terms of the trust instrument, has accepted principal regulatory oversight of the trust.
    (B) The form of the trust and any trust amendments shall also be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in its trustees for the benefit of the assuming insurer’s United States ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner.
    (C) The trust shall remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance agreements subject to the trust. No later than February 28 of each year, the trustee of the trust shall report to the Commissioner in writing the balance of the trust and a listing of the trust’s investments as of December 31 of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust will not expire before December 31 of that year.
  (3) The following requirements apply to the following categories of assuming insurer:
    (A) The trust fund for a single assuming insurer shall consist of funds in trust in an amount not less than the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers, and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million, except as provided for in subparagraph (B) of this paragraph.
    (B) (i) At any time after the assuming insurer has permanently discontinued underwriting new business secured by the trust for at least 3 full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only after a finding, based on an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows and shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates, and the effect of the surplus requirements on the assuming insurer’s liquidity or solvency.
      (ii) The minimum required trusteed surplus shall not be reduced to an amount of less than 30% of the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust.
  (4) (A) In the case of a group including incorporated and individual unincorporated underwriters:
      (i) For reinsurance ceded under reinsurance agreements with an inception, amendment, or renewal date on or after August 1, 1995, the trust shall consist of a trusteed account in an amount not less than the group’s respective underwriters’ several liabilities attributable to business ceded by United States domiciled ceding insurers to any member underwriter of the group;
      (ii) For reinsurance ceded under reinsurance agreements with an inception date on or before July 31, 1995, and not amended or renewed after that date, notwithstanding the other provisions of this chapter, the trust shall consist of a trusteed account in an amount not less than the group’s respective underwriters’ several insurance and reinsurance liabilities attributable to business written in the United States; and
      (iii) In addition to these trusts, the group shall maintain in trust a trusteed surplus of which $100 million shall be held jointly for the benefit of the United States domiciled ceding insurers of any member of the group for all years of account.
    (B) The incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of regulation and solvency control by the group’s domiciliary regulator as are the unincorporated members.
    (C) Within 90 days after its financial statements are due to be filed with the group’s domiciliary regulator, the group shall provide to the Commissioner an annual certification by the group’s domiciliary regulator of the solvency of each underwriter member or, if a certification is unavailable, financial statements prepared by independent public accountants of each underwriter member of the group.
  (5) In the case of a group of incorporated underwriters under common administration, the group shall:
    (A) Have continuously transacted an insurance business outside the United States for at least 3 years immediately before making application for accreditation;
    (B) Maintain aggregate policyholders’ surplus of at least $10 billion;
    (C) Maintain a trust fund in an amount not less than the group’s several liabilities attributable to business ceded by United States domiciled ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of the group;
    (D) Maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of the United States domiciled ceding insurers of any member of the group as additional security for these liabilities; and
    (E) Within 90 days after its financial statements are due to be filed with the group’s domiciliary regulator, make available to the Commissioner an annual certification of each underwriter member’s solvency by the member’s domiciliary regulator and financial statements of each underwriter member of the group prepared by its independent public accountant.
(f) (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection.
  (2) To be eligible for certification, the assuming insurer shall meet the following requirements:
    (A) Be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner pursuant to paragraph (4) of this subsection;
    (B) Maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation;
    (C) Maintain financial strength ratings from 2 or more rating agencies deemed acceptable by the Commissioner pursuant to regulation;
    (D) Submit to the jurisdiction of the District, appoint the Commissioner as its agent for service of process in the District, and agree to provide security for 100% of the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment;
    (E) Meet all applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and
    (F) Satisfy any other requirements for certification considered relevant by the Commissioner.
  (3) An association, including incorporated and individual unincorporated underwriters, may be a certified reinsurer. To be eligible for certification, in addition to satisfying requirements of paragraph (2) of this subsection:
    (A) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association or any of its members, in an amount determined by the Commissioner to provide adequate protection;
    (B) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association’s domiciliary regulator as are the unincorporated members; and
    (C) Within 90 days after its financial statements are due to be filed with the association’s domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association’s domiciliary regulator of the solvency of each underwriter member or, if a certification is unavailable, financial statements prepared by independent public accountants of each underwriter member of the association.
  (4) (A) The Commissioner shall create and publish a list of qualified jurisdictions under which an assuming insurer licensed and domiciled in such jurisdiction shall be eligible to be considered for certification by the Commissioner as a certified reinsurer.
    (B) (i) To determine whether the domiciliary jurisdiction of a non-United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and domiciled in the United States. A qualified jurisdiction must agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction.
      (ii) A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final United States judgments and arbitration awards. Additional factors may be considered at the discretion of the Commissioner.
    (C) (i) A list of qualified jurisdictions shall be published through the National Association of Insurance Commissioners Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions.
      (ii) If the Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations.
    (D) United States jurisdictions that meet the requirement for accreditation under the National Association of Insurance Commissioners financial standards and accreditation program shall be recognized as qualified jurisdictions.
    (E) If a certified reinsurer’s domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer’s certification indefinitely, in lieu of revocation.
  (5) The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings.
  (6) (A) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subsection at a level consistent with its rating, as specified in regulations promulgated by the Commissioner.
    (B) For a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of § 31-502 , or in a multi-beneficiary trust in accordance with subsection (e) of this section, except as otherwise provided in this subsection.
    (C) If a certified reinsurer maintains a trust to fully secure its obligations subject to subsection (e) of this section and chooses to secure its obligations incurred as a certified reinsurer in the form of a multi-beneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other United States jurisdictions and for its obligations, subject to subsection (e) of this section. It shall be a condition to the grant of certification under this subsection that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust, any deficiency of any other such trust account.
    (D) The minimum trusteed surplus requirements provided in subsection (e) of this section are not applicable with respect to a multi-beneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10 million.
    (E) With respect to obligations incurred by a certified reinsurer under this subsection, if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency. The Commissioner has the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer’s obligations will not be paid in full when due.
    (F) (i) For the purposes of this subsection, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100% of its obligations.
      (ii) For the purposes of this subsection, the term “terminated” refers to revocation, suspension, voluntary surrender, and inactive status.
      (iii) If the Commissioner continues to assign a higher rating as permitted by other provisions of this section, this requirement shall not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended.
  (7) If an applicant for certification has been certified as a reinsurer in a National Association of Insurance Commissioners accredited jurisdiction, the Commissioner has the discretion to defer to that jurisdiction’s certification and has the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state.
  (8) (A) A certified reinsurer that ceases to assume new business in the District may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business.
    (B) An inactive certified reinsurer shall continue to comply with all applicable requirements of this subsection.
    (C) The Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business.
(f-1) (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that:
    (A) Has its head office or is domiciled in and is licensed in a reciprocal jurisdiction;
    (B) (i) Has and maintains, on an ongoing basis, minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction in an amount established by the Commissioner by regulation; and
      (ii) If it is an association, including incorporated and individual unincorporated underwriters, has and maintains, on an ongoing basis, minimum capital and surplus equivalents (net of liabilities), calculated according to the methodology applicable in its domiciliary jurisdiction and a central fund containing a balance in amounts established by the Commissioner by regulation;
    (C) (i) Has and maintains on an ongoing basis, the minimum solvency or capital ratio, as applicable, established by the Commissioner by regulation; and
      (ii) If it is an association, including incorporated and individual unincorporated underwriters, has and maintains, on an ongoing basis, a minimum solvency or capital ratio as determined by the reciprocal jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed in the reciprocal jurisdiction;
    (D) Agrees and provides adequate assurance to the Commissioner in a form prescribed by the Commissioner that it:
      (i) Will provide prompt written notice and explanation to the Commissioner if it falls below the minimum requirements set forth in subparagraphs (B) or (C) of this paragraph or if any regulatory action is taken against it for serious, as determined by the Commissioner, noncompliance with applicable law;
      (ii) Will consent in writing to the jurisdiction of the courts of the District of Columbia and to the appointment of the Commissioner as agent for service of process, which the Commissioner may require to be provided to the Commissioner and included in each reinsurance agreement; provided, that nothing in this sub-subparagraph shall limit, or in any way alter, the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent such an agreement is unenforceable under applicable insolvency or delinquency laws;
      (iii) Will consent in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared enforceable in the jurisdiction where the judgments were obtained;
      (iv) Will include in each reinsurance agreement a provision requiring the assuming insurer to provide security in an amount equal to 100% of the assuming insurer's liabilities attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which it was obtained or a properly enforceable arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of its resolution estate; and
      (v) Will confirm in writing that it is not presently participating in any solvent scheme of arrangement that involves this state's ceding insurers and agrees to notify the ceding insurer and the Commissioner, and to provide security in an amount equal to 100% of the assuming insurer's liabilities to the ceding insurer, should the assuming insurer enter into such a solvent scheme of arrangement, which security shall be in a form consistent with subsection (f) of this section, § 31-502 , and any applicable regulations established by the Commissioner;
    (E) Provides (or its legal successor provides), if requested by the Commissioner on the Commissioner's own behalf or of any legal predecessor, certain documentation established by the Commissioner by regulation;
    (F) Maintains a practice of prompt payment of claims under reinsurance agreements, pursuant to criteria set forth in regulation established by the Commissioner; and
    (G) Will require its supervisory authority to confirm to the Commissioner on an annual basis, as of the preceding December 31, or as of the annual date otherwise statutorily reported to the reciprocal jurisdiction, that the assuming insurer is in compliance with the requirements set forth in subparagraphs (B) and (C) of this paragraph.
  (2) Nothing in paragraph (1) of this subsection precludes an assuming insurer from providing the Commissioner with information on a voluntary basis.
  (3) (A) The Commissioner shall timely create and publish a list of reciprocal jurisdictions that includes any reciprocal jurisdiction, as defined in paragraph (11)(B) of this subsection, and consider including any other reciprocal jurisdiction included on a list created by the National Association of Insurance Commissioners.
    (B) (i) In accordance with a process set forth in regulations established by the Commissioner, the Commissioner may remove a jurisdiction from the list of reciprocal jurisdictions upon a determination that the jurisdiction no longer meets the requirements of a reciprocal jurisdiction; except, that the Commissioner shall not remove from the list a reciprocal jurisdiction as defined in paragraph (11)(B)(i) and (ii) of this subsection.
      (ii) If a jurisdiction is removed from the Commissioner's list of reciprocal jurisdictions, credit for reinsurance ceded to an assuming insurer that has its home office or is domiciled in that jurisdiction shall be allowed if otherwise allowed pursuant to this chapter .
  (4) (A) The Commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this subsection and to which cessions shall be granted credit in accordance with this subsection.
    (B) The Commissioner may add an assuming insurer to the list created pursuant to subparagraph (A) of this paragraph if a jurisdiction accredited by the National Association of Insurance Commissioners has added the assuming insurer to a list of assuming insurers or the assuming insurer submits the information to the Commissioner as required by paragraph (1)(D) of this subsection and complies with any additional requirements that the Commissioner may establish by regulation, except to the extent that the regulation conflicts with an applicable covered agreement.
  (5) (A) If the Commissioner determines that an assuming insurer no longer meets one or more of the requirements under this subsection, the Commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this subsection in accordance with procedures set forth in regulation.
    (B) While an assuming insurer's eligibility is suspended, no reinsurance agreement issued, amended, or renewed on or after the effective date of the suspension shall qualify for credit except to the extent that the assuming insurer's obligations under the contract are secured in accordance with § 31-502 .
    (C) If an assuming insurer's eligibility is revoked, no credit for reinsurance may be granted on or after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer's obligations under the contract are secured in a form acceptable to the Commissioner and consistent with the provisions of § 31-502 .
  (6) If a ceding insurer is subject to a legal process of rehabilitation, liquidation, or conservation, the ceding insurer, or its representative, may seek and, if determined appropriate by the court in which the proceedings are pending, may obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities.
  (7) Nothing in this subsection shall limit or alter the capacity of parties to a reinsurance agreement to agree to requirements for security or other terms in the reinsurance agreement, except as expressly prohibited by this chapter or regulations issued pursuant to this chapter .
  (8) (A) Credit may be taken under this subsection only for reinsurance agreements entered into, amended, or renewed on or after July 27, 2022, and only with respect to losses incurred and reserves reported on or after the later of the date on which the assuming insurer has met all eligibility requirements pursuant to paragraph (1) of this subsection or the effective date of the new reinsurance agreement, amendment, or renewal.
    (B) This paragraph does not alter or impair a ceding insurer's right to take credit for reinsurance, to the extent that credit is not available under this subsection, as long as the reinsurance qualifies for credit under any other applicable provision of this chapter .
  (9) Nothing in this subsection shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement.
  (10) Nothing in this subsection shall limit or alter the capacity of parties to any reinsurance agreement to renegotiate the agreement.
  (11) For the purposes of this subsection, the term:
    (A) "Covered agreement" means an agreement entered into pursuant to 31 U.S.C. §§ 313 and 314 that is currently in effect or in a period of provisional application and addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in the District or for allowing the ceding insurer to recognize credit for reinsurance.
    (B) "Reciprocal jurisdiction" means:
      (i) A non-United States jurisdiction that is subject to an in-force covered agreement with the United States, or, in the case of a covered agreement between the United States and the European Union, is a member state of the European Union;
      (ii) A United States jurisdiction that meets the requirements for accreditation under the financial standards and accreditation program of the National Association of Insurance Commissioners; or
      (iii) A qualified jurisdiction, as determined by the Commissioner pursuant to subsection (f)(4) of this section, that is not otherwise described in sub-subparagraph (i) or (ii) of this subparagraph that meets certain additional requirements, consistent with the terms and conditions of in-force covered agreements, as established by the Commissioner by regulation.
(g) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of subsections (b), (c), (d), (e), or (f) of this section, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction.
(h) (1) If the assuming insurer is not licensed, accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by subsections (c) and (d) of this section shall not be allowed unless the assuming insurer agrees in the reinsurance agreements:
    (A) That in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, comply with all requirements necessary to give the court jurisdiction, and abide by the final decision of the court or of any appellate court in the event of an appeal; and
    (B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding company insurer.
  (2) This subsection is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes if this obligation is created in the agreement.
(i) If the assuming insurer does not meet the requirements of subsections (b), (c), or (d) of this subsection, the credit permitted by subsection (e) or (f) of this section shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions:
  (1) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subsection (e)(3) of this section, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceeding under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund.
  (2) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies.
  (3) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement.
  (4) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this provision.
(j) (1) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer’s accreditation or certification.
  (2) The Commissioner shall give the reinsurer notice and opportunity for a hearing. The suspension or revocation shall not take effect until after the Commissioner’s order on a hearing, unless:
    (A) The reinsurer waives its right to a hearing;
    (B) The Commissioner’s order is based on regulatory action by the reinsurer’s domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer’s eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under subsection (f)(7) of this section; or
    (C) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner’s action.
  (3) (A) While a reinsurer’s accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer’s obligations under the contract are secured in accordance with § 31-502 .
    (B) If a reinsurer’s accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer’s obligations under the contract are secured in accordance with subsection (f)(6) of this section or § 31-502 .
(k) (1) A ceding insurer shall take steps to manage its reinsurance recoverables proportionate to its own book of business. A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, that exceeds 50% of the domestic ceding insurer’s last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.
  (2) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20% of the ceding insurer’s gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.
D.C. Code § 31-4002 — DC Code / Title 31 / Chapter 40 / § 31-4002
§ 31-4002. General provisions.
Status: in_force

(a) An insurer shall offer to any person who is a licensed caregiver pursuant to 29 DCMR 301, optional liability and comprehensive coverage for up to a total of 5 children and infants. The optional protection shall provide liability coverage for a child or infant who is injured while attending the child development home and comprehensive coverage for property damage to the child development home.
(b) An insurer who offers motor vehicle liability insurance in the District, pursuant to Chapter 24 of this title , may offer to any policyholder who is licensed pursuant to 29 DCMR 301 as a child development home caregiver, optional personal injury protection to cover a child or infant who suffers an injury while a passenger in an automobile operated out of the insured’s activities as a child development home caregiver. The coverage required pursuant to this subsection shall be in an amount approved by the Commissioner.
(c) Nothing in this chapter shall prohibit an insurer from denying a child development home caregiver’s application for optional insurance or denying liability coverage to an insured for an injury that results from abuse or neglect.
D.C. Code § 31-3833 — DC Code / Title 31 / Chapter 38B / § 31-3833
§ 31-3833. Notice.
Status: in_force

(a) Written notice of the availability of coverage, as set forth in § 31-3832 , shall be delivered to the participant and beneficiary under the health plan upon enrollment and annually thereafter. Notice of the benefits shall be prominently positioned in any literature or correspondence made available or distributed by the health benefit plan or health insurer and shall be transmitted to the participant or beneficiary upon the earlier of:
  (1) Any yearly informational packet sent to the participant or beneficiary, as part of the packet;
  (2) In the next mailing made by the health benefit plan or health insurer to the participant or beneficiary; or
  (3) Not later than 60 days after April 3, 2001.
(b) An individual or group health plan which is a health benefit plan, and a health insurer that has already provided notice in order to comply with the Women’s Health and Cancer Rights Act of 1998, approved October 21, 1998 (112 Stat. 2681; 29 U.S.C. § 1185b, 42 U.S.C. § 300gg-6, and 42 U.S.C. § 300gg-52), need not provide additional notice under this chapter; provided, that it files with the Commissioner a written statement, with a copy of the notice attached, certifying that it is in compliance.