D.C. Code § 31-1323 — DC Code / Title 31 / Chapter 13 / § 31-1323
§ 31-1323. Collection and list of assets.
Status: in_force

(a) As soon as practicable after the liquidation order, but not later than 120 days thereafter, the liquidator shall prepare in duplicate a list of the insurer’s assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One copy shall be filed in the office of the Clerk of the Superior Court of the District of Columbia, and 1 copy shall be retained for the liquidator’s files. All amendments and supplements shall be similarly filed.
(b) The liquidator shall reduce the assets to a degree of liquidity that is consistent with the effective execution of the liquidation.
(c) A submission to the court for disbursement of assets in accordance with § 31-1332 fulfills the requirements of subsection (a) of this section.
D.C. Code § 31-6203 — DC Code / Title 31 / Chapter 62 / § 31-6203
§ 31-6203. Adjustment of rates; removal of discriminations; right of aggrieved party to administrative or judicial hearing.
Status: repealed

Repealed.
D.C. Code § 31-2502.33 — DC Code / Title 31 / Chapter 25 / § 31-2502.33
§ 31-2502.33. Effective dates.
Status: repealed

Repealed.
D.C. Code § 31-5416 — DC Code / Title 31 / Chapter 54 / § 31-5416
§ 31-5416. Prohibited advertisement of Association act in insurance sale; notice to policyholders.
Status: in_force

(a) (1) No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in any other way, any advertisement, announcement or statement, written or oral, which uses the existence of the District of Columbia Life and Health Insurance Guaranty Association for the purpose of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter.
  (2) This subsection shall not apply to the Association or any other entity which does not sell or solicit insurance.
(b) (1) Within 180 days of July 22, 1992, the Association shall prepare a summary document describing the general purposes and current limitations of this chapter, which document shall be submitted to the Mayor for approval.
  (2) Sixty days after the summary document is approved by the Mayor, no insurer may deliver a policy or contract described in § 31-5402(b)(1) to a policy or contract holder unless the summary document is delivered to the policy or contract holder prior to or at the time of delivery of the policy or contract except as provided in subsection (d) of this section.
  (3) The delivery or contents or interpretation of the summary document shall not mean that either the policy or the contract or the holder of either would be covered in the event of the impairment or insolvency of a member insurer.
  (4) The summary document shall be revised by the Association as amendments to this chapter may require.
  (5) Failure to receive this document does not give the policy holder, contract holder, certificate holder, or insured any greater rights than the rights stated in this chapter.
(c) The summary document prepared under subsection (b) of this section shall contain a clear and conspicuous disclaimer on its face. The Mayor shall promulgate rules establishing the form and content of the disclaimer, which at a minimum shall:
  (1) State the name and address of the Association and the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking];
  (2) Prominently warn the policy or contract holder that the Association may not cover the policy, or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in the District of Columbia;
  (3) State that the insurer and its agents are prohibited by law from using the existence of the Association for the purpose of sales, solicitation, or inducement to purchase any form of insurance;
  (4) Emphasize that the policy or contract holder should not rely on coverage under the Life and Health Insurance Guaranty Association when selecting an insurer; and
  (5) Provide additional information as directed by the Mayor.
(d) No insurer or agent may deliver a policy or contract described in § 31-5402(b)(1) and excluded under § 31-5402(b)(2)(A) from coverage under this chapter unless the insurer or agent, prior to or at the time of delivery, gives the policy or contract holder a separate written notice which clearly and conspicuously discloses that the policy or contract is not covered by the Life and Health Insurance Guaranty Association. The Mayor, by rule, shall specify the form and content of the notice.
D.C. Code § 31-5041.11 — DC Code / Title 31 / Chapter 50B / § 31-5041.11
§ 31-5041.11. Rules.
Status: in_force

The Commissioner, through the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], may issue rules to implement the provisions of this chapter.
D.C. Code § 31-3112 — DC Code / Title 31 / Chapter 31 / § 31-3112
§ 31-3112. Excluded programs.
Status: in_force

This chapter shall not be applicable to the District of Columbia Alliance Program, Medicaid Program, and Post-1987 District of Columbia Employees’ Health Insurance Benefits Plan.
D.C. Code § 31-4727 — DC Code / Title 31 / Chapter 47 / § 31-4727
§ 31-4727. Applicability of §§ 31-4725 through 31-4730.
Status: in_force

(a) Except as provided in subsection (b) of this section, §§ 31-4725 through 31-4730 shall apply to all policies used in the District of Columbia.
(b) Sections 31-4725 through 31-4730 shall not apply to the following:
  (1) A policy which is a security under federal legislative jurisdiction.
  (2) (A) Except as provided in subparagraph (B) of this paragraph, a group policy covering 1,000 or more lines when issued, other than a group credit life insurance policy or a group credit health insurance policy.
    (B) No certificate issued pursuant to a group policy used in the District of Columbia may be exempt.
  (3) A group annuity contract which finances pension, profit-sharing, or deferred compensation plans.
  (4) A form used in connection with a contractual provision for a policy on a form permitted to be issued before the approval dates in § 31-4730 for similar forms.
  (5) The renewal of a policy used before the approval dates in § 31-4730 for similar forms.
D.C. Code § 31-1131.10 — DC Code / Title 31 / Chapter 11A / § 31-1131.10
§ 31-1131.10. Assumed names.
Status: in_force

An insurance producer doing business under any name other than the producer’s legal name shall notify the Commissioner prior to using the assumed name.
D.C. Code § 31-4706 — DC Code / Title 31 / Chapter 47 / § 31-4706
§ 31-4706. Extension of time for payment of premiums.
Status: in_force

A life company may enter into subsequent agreements in writing with the insured, which need not be attached to the policy, to extend the time for the payment of any premium, or part thereof, upon condition that failure to comply with the terms of such agreement shall lapse the policy, as provided in said agreement or in the policy. Subject to such lien as may be created to secure any indebtedness contracted by the insured, in consideration of such extension, said agreement shall not impair any right existing under the policy.
D.C. Code § 31-2502.45 — DC Code / Title 31 / Chapter 25 / § 31-2502.45
§ 31-2502.45. Severability.
Status: repealed

Repealed.
D.C. Code § 31-231 — DC Code / Title 31 / Chapter 2A / § 31-231
§ 31-231. Unauthorized entities.
Status: in_force

No person shall act as an insurer, or engage in any other activity, directly or indirectly, which is regulated in acts codified in Chapters 1 through 55 of this title unless performed within the scope of a certificate of authority issued by the Commissioner as provided by this chapter. The prohibitions in this chapter shall not apply to persons or entities engaging in activity pursuant to §§ 31-2502.39 and 31-2502.40 .
D.C. Code § 31-2351.01 — DC Code / Title 31 / Chapter 23M / § 31-2351.01
§ 31-2351.01. Definitions.
Status: in_force

For the purposes of this chapter , the term:
(a) (1) "Administrator" means the person who is responsible for the administration of the service contracts or the service contracts plan or responsible for submissions required by this chapter .
  (2) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking, as established by subchapter I of Chapter 1 of this title .
  (3) "Consumer" means a natural person who buys, other than for purposes of resale, any property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.
  (4) "Maintenance agreement" means a contract of limited duration that provides for scheduled maintenance only and does not include repair or replacement.
  (5) "Motor Vehicle Manufacturer" means a person that:
    (A) Manufactures or produces motor vehicles and sells motor vehicles under its own name or label;
    (B) Is a wholly owned subsidiary of the person who manufactures or produces motor vehicles;
    (C) Is a corporation that owns 100% of the person who manufactures or produces motor vehicles;
    (D) Does not manufacture or produce motor vehicles, but sells motor vehicles under the trade name or label of another person who manufactures or produces motor vehicles;
    (E) Manufactures or produces motor vehicles and sells such motor vehicles under the trade name or label of another person who manufactures or produces motor vehicles; or
    (F) Does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person who manufactures or produces motor vehicles that sells motor vehicles under the licensor's trade name or label.
  (6) "Premium" means the consideration paid to an insurer for a reimbursement insurance policy.
  (7) "Provider" means a person that is contractually obligated to the service contract holder under the terms of the service contract.
  (8) "Provider fee" means the consideration paid for a service contract.
  (9) "Reimbursement insurance policy" means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's non-performance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider.
  (10) (A) "Service contract" means a contract or agreement for a separately stated consideration for any duration to perform the repair, replacement, or maintenance of property or indemnification for service repair, replacement, or maintenance for the operational or structural failure of any motor vehicle or residential or other property due to a defect in materials, workmanship, accidental damage from handling, or normal wear and tear, or to indemnify for the same, including towing, rental, and emergency road service and road hazard protection, and which may provide for the service repair, replacement, or maintenance of property for damage resulting from power surges or interruption. The term "service contract" includes a contract or agreement sold for a separately stated consideration for a specific duration that provides for:
      (i) The repair or replacement or indemnification for the repair or replacement of a motor vehicle for the operational or structural failure of one or more parts or systems of the motor vehicle brought about by the failure of an additive product to perform as represented;
      (ii) The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scrap;
      (iii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels or sanding, bonding, or painting;
      (iv) The repair of chips or cracks in or the replacement of motor vehicle windshields as a result of damage caused by road hazards;
      (v) The repair of damage to the interior components of a motor vehicle caused by wear and tear but which expressly excludes the replacement of any part or component of a motor vehicle's interior;
      (vi) The replacement of a motor vehicle key or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen; or
      (vii) Other services or products that may be approved by the Commissioner.
    (B) The term "service contract" does not include insurance as regulated under subchapter I of Chapter 1 of this title , except as addressed in § 31-2351.10 .
  (11) "Service contract holder" or "contract holder" means a person who is the purchaser or holder of a service contract.
  (12) "Warranty" means a warranty made solely by the manufacturer, importer, or seller of property or services without consideration that is not negotiated or separated from the sale of the product and is incidental to the sale of the product that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or remedial measures, such as repair or replacement of the property or repetition of services.
D.C. Code § 31-304 — DC Code / Title 31 / Chapter 3 / § 31-304
§ 31-304. Designation of independent certified public accountant.
Status: in_force

(a) Each insurer required by this chapter to file an annual audited financial report, within 60 days after becoming subject to the requirement, shall register in writing with the Mayor the name and address of the independent certified public accountant or accounting firm retained to conduct the required annual audit. Insurers not retaining an independent certified public accountant on October 21, 1993, shall register the name and address of their retained certified public accountant not less than 6 months before the date when the first audited financial report is to be filed.
(b) The insurer shall obtain a letter from the accountant, and file a copy with the Mayor, stating that the accountant is aware of the provisions of the insurance laws and rules of the District of Columbia that relate to accounting and financial matters, and affirming that he or she will express his or her opinion on the financial statements in terms of their conformity to the statutory accounting practices prescribed or otherwise permitted by the jurisdiction where it is domiciled, specifying any exceptions he or she believes appropriate.
(c) If an accountant who was the accountant for the immediately preceding filed audited financial report is dismissed or resigns, the insurer shall, within 5 business days, notify the Mayor of this event. The insurer shall, within 10 business days of the above notification, also furnish the Mayor with a separate letter stating whether in the 24 months preceding the event there were any disagreements with the former accountant on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreements, if not resolved to the satisfaction of the former accountant, would have caused him or her to make reference to the subject matter of the disagreement in connection with his or her opinion. The disagreements required to be reported in response to this subsection include both those resolved to the former accountant’s satisfaction and those not resolved to the former accountant’s satisfaction. Disagreements contemplated by this section are those that occur at the decision-making level, that is between personnel of the insurer responsible for presentation of its financial statements and personnel of the accounting firm responsible for rendering its report. The insurer shall also request in writing that the former accountant furnish a letter addressed to the insurer stating whether the accountant agrees with the statements contained in the insurer’s letter, and, if not, stating the reasons that he does not agree. The insurer shall furnish the responsive letter from the former accountant to the Mayor together with its own.
D.C. Code § 31-4438 — DC Code / Title 31 / Chapter 44 / § 31-4438
§ 31-4438. Reinsurance of risks.
Status: repealed

Repealed.
D.C. Code § 31-2231.15 — DC Code / Title 31 / Chapter 22A / § 31-2231.15
§ 31-2231.15. Unfair financial planning practices; an insurance agent or broker.
Status: in_force

(a) No person shall hold himself or herself out, directly or indirectly, to the public as a financial planner, investment adviser, consultant, financial counselor, or any other specialist engaged in the business of giving financial planning or advice relating to investments, insurance, real estate, tax matters, or trust and estate matters if the person is in fact engaged only in the sale of insurance policies or contracts.
(b) (1) No person shall engage in the business of financial planning without disclosing to the client before the execution of the agreement provided for in subsection (c) of this section or the solicitation of the sale of a product or service that:
    (A) He or she is also an insurance salesperson; and
    (B) A commission for the sale of an insurance product will be received in addition to a fee for financial planning, if it is the case.
  (2) The disclosure under this subsection may be made by including it in a disclosure document required by federal or state securities law.
(c) All fees, other than commissions for financial planning by an insurance producer, shall be based upon a written agreement signed by the party to be charged in advance of the performance of the services under the agreement. A copy of the agreement shall be provided to the party to be charged at the time the agreement is signed by the party. The agreement shall specifically state:
  (1) The services for which the fee is to be charged;
  (2) The amount of the fee to be charged or the manner in which it will be determined; and
  (3) The client shall not be required to purchase an insurance product through the person furnishing the agreement.
(d) The person furnishing the agreement shall retain a copy for at least 3 years after completion of services. A copy shall be available to the Commissioner upon request.
D.C. Code § 31-1373.06 — DC Code / Title 31 / Chapter 13A / § 31-1373.06
§ 31-1373.06. Equity interests.
Status: in_force

(a) Subject to the limitations of § 31-1373.03 , an insurer may acquire equity interests in business entities organized under the laws of any domestic jurisdiction.
(b) An insurer shall not acquire an investment under this section if, as a result of and after giving effect to the investment, the aggregate amount of investments held by the insurer under this section would exceed the greater of 25% of its admitted assets or 100% of its surplus as regards policyholders.
(c) An insurer shall not acquire under this section any investments that the insurer may acquire under § 31-1373.08 .
(d) An insurer shall not short sell equity investments unless the insurer covers the short sale by owning the equity investment or an unrestricted right to the equity instrument exercisable within 6 months of the short sale.
D.C. Code § 31-903 — DC Code / Title 31 / Chapter 9 / § 31-903
§ 31-903. Approval of the plan of conversion by the Commissioner of the Department of Insurance, Securities, and Banking.
Status: in_force

(a) After adoption by the mutual company’s board of directors, the plan shall be submitted to the Commissioner for review and approval. The Commissioner shall approve the plan upon finding that:
  (1) The provisions of this section have been complied with;
  (2) The plan will not prejudice the interests of the members; and
  (3) The plan’s method of allocating subscription rights is fair and equitable.
(a-1) The Commissioner, in his discretion, may order that a hearing on the plan be held, which hearing shall be conducted in accordance with the contested case procedures set forth in § 2-509 .
(a-2) A decision or order of the Commissioner, after a hearing conducted in accordance with the contested case procedures as set forth in subsection (a-1) of this section, may be reviewed as provided in § 2-510 .
(b) Prior to the members’ approval of the plan, a mutual company seeking the Commissioner’s approval of a plan shall file the following documents with the Commissioner for review and approval:
  (1) The plan of conversion, including the independent evaluation of pro forma market value required by § 31-906(f) ;
  (2) The form of notice required by § 31-904(b) for eligible members of the meeting to vote on the plan;
  (3) Any proxies to be solicited from eligible members pursuant to § 31-904(c) ;
  (4) The form of notice required by § 31-910(a) for persons whose policies are issued after adoption of the plan but before its effective date; and
  (5) The proposed articles of incorporation and bylaws of the converted stock company. Once filed, these documents shall be approved or disapproved by the Commissioner within a reasonable time.
(c) After the members have approved the plan, the converted stock company shall file the following documents with the Commissioner:
  (1) The minutes of the meeting of the members at which the plan was voted upon; and
  (2) The revised articles of incorporation and bylaws of the converted stock company.
(d) The Commissioner may retain, at the mutual company’s expense, any qualified expert not otherwise a part of the Commissioner’s staff to assist in reviewing the plan and the independent evaluation of the pro forma market value which is required by § 31-906(i) .
D.C. Code § 31-4423 — DC Code / Title 31 / Chapter 44 / § 31-4423
§ 31-4423. Directors — General election procedure.
Status: in_force

(a) Notice of the time and place of holding election of directors of a company organized under this subdivision shall be sent to those entitled to vote, and the election shall be made by such of the stockholders and/or policyholders as shall attend for that purpose, either in person or by proxy. All elections shall be by ballot, and the persons receiving the greatest number of votes shall be directors. When any vacancy shall happen among the directors it shall be filled for the remainder of the year in such manner as shall be prescribed by the bylaws of the company.
(b) In case it shall happen at any time that an election of directors shall not be made on the day designated by the bylaws of said company when it ought to have been made, the company shall not for that reason be dissolved, but it shall be lawful on any other day to hold an election for directors in such manner as may be provided in the bylaws, and all acts of directors shall be valid and binding as against said company until their successors shall be elected.
D.C. Code § 31-1609 — DC Code / Title 31 / Chapter 16 / § 31-1609
§ 31-1609. Rules.
Status: in_force

The Mayor shall issue proposed rules, within 90 days of August 7, 1986, to implement the provisions of this chapter. The proposed rules shall be submitted to the Council of the District of Columbia (“Council”) for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not disapprove the proposed rules by resolution, within the 45-day review period, the proposed rules shall be deemed approved. The Council may approve or disapprove the proposed rules, in whole or in part, by resolution prior to the expiration of the 45-day review period.
D.C. Code § 31-4901 — DC Code / Title 31 / Chapter 49 / § 31-4901
§ 31-4901. Actuarial opinion of reserves.
Status: in_force

(a) General requirements and guidelines before operative date of the valuation manual. — (1) Every life insurance company doing business in the District of Columbia shall annually submit the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the Mayor, by regulation, are computed appropriately, are based on assumptions which satisfy contractual provisions, are consistent with prior reported amounts, and comply with § 31-4701 and all applicable laws of the District of Columbia. The Mayor by regulation shall define the specifics of this opinion and add any other items deemed to be necessary to its scope.
  (2) For each year ending on or after December 31, 1993, the opinion shall be submitted with the annual statements and reports required by §§ 31-203 [repealed] and 31-5202 , and Chapter 3 of this title .
  (3) The opinion shall apply to all business in force, including individual and group health insurance plans, in form and substance acceptable to the Mayor as specified by regulation.
  (4) The opinion shall be based on standards adopted from time to time by the Actuarial Standards Board and on any additional standards the Mayor may prescribe by regulation.
  (5) In the case of an opinion required to be submitted by a foreign or alien company, the Mayor may accept the opinion filed by that company with the insurance supervisory official of another state if the Mayor determines that the opinion reasonably meets the requirements applicable to a company domiciled in the District of Columbia.
  (6) For the purposes of this section, the term “qualified actuary” means a member in good standing of the American Academy of Actuaries who meets the requirements set forth in regulations.
  (7) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable for damages to any person, other than the insurance company and the Mayor, for any act, error, omission, decision, or conduct with respect to the actuary’s opinion.
  (8) Disciplinary action by the Mayor against the company or the qualified actuary shall be defined in regulations by the Mayor.
  (8A) Except as provided in paragraph (11) of this subsection, documents, materials, or other information in the possession or control of the Department of Insurance, Securities, and Banking  that are a memorandum in support of the opinion, and any other material provided by the company to the Commissioner in connection with the memorandum (individually and collectively, “memorandum”), 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.
  (8B) 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 paragraph (8A) of this subsection.
  (8C) To assist in the performance of the Commissioner’s duties, the Commissioner:
    (A) May share documents, materials, or other information, including the confidential and privileged documents, materials, or other information subject to paragraph (8A) of this subsection, 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;
    (B) May receive documents, materials, or other information, including otherwise confidential and privileged documents, materials, or other information, from the National Association of Insurance Commissioners, including 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
    (C) May enter into agreements governing the sharing and use of information consistent with paragraphs (8A), (8B), and (8C) of this subsection.
  (8D) 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 of sharing as authorized in paragraph (8C) of this subsection. 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.
  (8E) The memorandum may be subject to subpoena for the purpose of defending an action seeking damages from the actuary submitting the memorandum by reason of an act required by this section or by regulations promulgated hereunder.
  (8F) The memorandum may be released by the Commissioner:
    (A) With the written consent of the company; or
    (B) To the American Academy of Actuaries, upon a request stating that the memorandum is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the Commissioner for preserving the confidentiality of the memorandum.
  (8G) If a portion of the memorandum is cited by the company in its marketing, is cited before a governmental agency other than a state insurance department, or is released by the company to the news media, all portions of the memorandum shall be no longer confidential.
  (9) A memorandum, in form and substance acceptable to the Mayor as specified by regulation, shall be prepared to support each actuarial opinion.
  (10) If the insurance company fails to provide a supporting memorandum at the request of the Mayor within a period specified by regulation, or the Mayor determines that the supporting memorandum provided by the insurance company fails to meet the standards prescribed by the regulations or is otherwise unacceptable to the Mayor, the Mayor may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare any supporting memorandum required by the Mayor.
  (11) Any memorandum in support of the opinion, and any other supporting material provided by the company to the Mayor, shall be kept confidential by the Mayor and shall not be made public and shall not be subject to subpoena, other than for the purpose of defending an action seeking damages from any person by reason of any action required by this section or by regulations promulgated hereunder. However, the memorandum or other material may otherwise be released by the Mayor with the written consent of the company, upon request stating that the memorandum or other material is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the Mayor for preserving the confidentiality of the memorandum or other material. Once any portion of the confidential memorandum is cited by the company in its marketing or is cited before any governmental agency other than a state insurance department or is released by the company to the news media, all portions of the confidential memorandum shall no longer be confidential.
(b) Actuarial analysis of reserves and assets supporting reserves before the operative date of the valuation manual. — (1) Every life insurance company, except as exempted by or pursuant to regulation, shall also annually include in the opinion required by subsection (a)(1) of this section an opinion of the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified by the Mayor by regulation, when considered in light of the assets held by the company with respect to the reserves and related actuarial items, including, but not limited to, the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, make adequate provision for the company’s obligations under the policies and contracts, including, but not limited to, the benefits under and expenses associated with the policies and contracts.
  (2) The Mayor may provide by regulation for a transition period during which a life insurance company may establish any higher reserves that the qualified actuary deems necessary in order to render the opinion required by this section.
(c) General requirements and guidelines.--- (1) (A) Every company with outstanding life insurance contracts, accident and health insurance contracts, or deposit-type contracts in the District of Columbia and subject to regulation by the Mayor shall annually submit the opinion of the appointed actuary as to whether the reserves and related actuarial items held in support of the policies and contracts are:
      (i) Computed appropriately;
      (ii) Based on assumptions that satisfy contractual provisions;
      (iii) Consistent with prior reported amounts; and
      (iv) Comply with applicable laws of the District of Columbia.
    (B) The valuation manual will prescribe the specifics of this opinion, including any items deemed to be necessary to its scope.
  (2) The opinion shall be submitted with the annual statement reflecting the valuation of such reserve liabilities for each year ending on or after the operative date of the valuation manual.
  (3) The opinion shall apply to all policies and contracts subject to subsection (d) of this section, plus other actuarial liabilities as may be specified in the valuation manual.
  (4) The opinion shall be based on standards adopted from time to time by the Actuarial Standards Board, or its successor, and on such additional standards as may be prescribed in the valuation manual.
  (5) In the case of an opinion required to be submitted by a foreign or alien company, the Mayor may accept the opinion filed by that company with the insurance supervisory official of another state or jurisdiction if the Mayor determines that the opinion reasonably meets the requirements applicable to a company domiciled in the District of Columbia.
  (6) Except in cases of fraud or willful misconduct, the appointed actuary shall not be liable for damages to any person (other than the insurance company and the Mayor) for any act, error, omission, decision, or conduct with respect to the appointed actuary's opinion.
  (7) A memorandum, in form and substance as specified in the valuation manual and acceptable to the Mayor, shall be prepared to support each actuarial opinion.
  (8) If the insurance company fails to provide a supporting memorandum at the request of the Mayor within a period specified in the valuation manual or the Mayor determines that the supporting memorandum provided by the insurance company fails to meet the standards prescribed by the valuation manual or is otherwise unacceptable to the Mayor, the Mayor may engage a qualified actuary at the expense of the company to review the opinion and the basis for the opinion and prepare the supporting memorandum required by the Mayor.
(d) Actuarial analysis of reserves and assets supporting reserves.-- Every company with outstanding life insurance contracts, accident and health insurance contracts, or deposit-type contracts in the District of Columbia and subject to regulation by the Mayor, except as exempted in the valuation manual, shall annually include in the opinion required by subsection (c)(1) of this section, an opinion of the same appointed actuary as to whether the reserves and related actuarial items held in support of the policies and contracts specified in the valuation manual, when considered in light of the assets held by the company with respect to the reserves and related actuarial items, including the investment earnings on the assets and the considerations anticipated to be received and retained under the policies and contracts, make adequate provision for the company's obligation under the policies and contracts, including the benefits under and expenses associated with the policies and contracts.
(e) Definitions.-- For the purposes of this section, the term:
  (1) "Accident and health insurance" means contracts that incorporate morbidity risk and provide protection against economic loss resulting from accident, sickness, or medical conditions and as may be specified in the valuation manual.
  (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required under subsections (c) and (d) of this section.
  (3) "Company" means an entity that:
    (A) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in the District and has at least one such policy in force or on claim; or
    (B) Has written, issued, or reinsured life insurance contracts, accident and health insurance contracts, or deposit-type contracts in any state or jurisdiction and is required to hold a certificate of authority to write life insurance, accident and health insurance, or deposit-type contracts in the District.
  (4) "Deposit-type contract" means contracts that do not incorporate mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual.
  (5) "Life insurance" means contracts that incorporate mortality risk, including annuity and pure endowment contracts, and as may be specified in the valuation manual.
  (6) "Qualified actuary" means an individual who is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements and who meets the requirement specified in the valuation manual.
  (7) "Valuation manual" means the manual of valuation instructions adopted by the National Association of Insurance Commissioner as specified in § 31-4701 .
D.C. Code § 31-3875.08 — DC Code / Title 31 / Chapter 38F / § 31-3875.08
§ 31-3875.08. Failure to comply and penalties.
Status: in_force

(a) Any failure by a utilization review entity to comply with the requirements specified in this chapter shall result in the health care service in question being deemed approved.
(b) An action by a utilization review entity that establishes a pattern or practice of repeated violations of this chapter , as determined by the Commissioner of the Department of Insurance and Securities Regulation, shall constitute a violation of Chapter 22A of this title .
D.C. Code § 31-6103 — DC Code / Title 31 / Chapter 61 / § 31-6103
§ 31-6103. Policy definitions and terms.
Status: repealed

Repealed.
D.C. Code § 31-1334 — DC Code / Title 31 / Chapter 13 / § 31-1334
§ 31-1334. Proof of claim.
Status: in_force

(a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable:
  (1) The particulars of the claim including the consideration given for it;
  (2) The identity and amount of the security on the claim;
  (3) The payments made on the debt, if any;
  (4) That the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim;
  (5) Any right of priority of payment or other specific right asserted by the claimants;
  (6) A copy of the written instrument which is the foundation of the claim; and
  (7) The name and address of the claimant and the attorney who represents him or her, if any.
(b) No claim need be considered or allowed if it does not contain all the information in subsection (a) of this section which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included.
(c) At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (a) of this section and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence.
(d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion, need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within 4 months before the filing of the petition need be considered as evidence of liability or of the quantum of damages.
(e) All claims of a guaranty association or foreign guaranty association shall be in the form and contain the substantiation agreed to by the association and the liquidator.
D.C. Code § 31-1631.10 — DC Code / Title 31 / Chapter 16A / § 31-1631.10
§ 31-1631.10. Regulations.
Status: in_force

The Commissioner shall promulgate rules and regulations as are necessary to carry out this chapter.
D.C. Code § 31-5321 — DC Code / Title 31 / Chapter 53 / § 31-5321
§ 31-5321. Applicability of provisions.
Status: in_force

Except as herein provided, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of the District unless they are expressly designated therein, or unless they are specifically made applicable by this chapter.
D.C. Code § 31-3407 — DC Code / Title 31 / Chapter 34 / § 31-3407
§ 31-3407. Requirements for group contract, individual contract, and evidence of coverage.
Status: in_force

(a) Every group and individual contract holder is entitled to a group or individual contract.
  (1) The contract shall not contain provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, or which encourage misrepresentation.
  (2) The contract shall contain a clear statement of the following:
    (A) Name and address of the health maintenance organization;
    (B) Eligibility requirements;
    (C) Covered services within the service area;
    (D) Covered emergency care benefits and services;
    (E) Out of area covered benefits and services, if any;
    (F) Copayments, deductibles, or other out-of-pocket expenses;
    (G) Limitations and exclusions;
    (H) Enrollee termination;
    (I) Enrollee reinstatement, if any;
    (J) Claims procedures;
    (K) Repealed.
    (L) Continuation of coverage, if any;
    (M) Conversion;
    (N) Extension of benefits if any;
    (O) Coordination of benefits, if applicable;
    (P) Subrogation, if any;
    (Q) Description of the service area;
    (R) Entire contract provision;
    (S) Term of coverage;
    (T) Cancellation of group or individual contract holder;
    (U) Renewal;
    (V) Reinstatement of group or individual contract holder, if any;
    (W) Grace period;
    (X) Conformity with District of Columbia law; and
    (Y) Payment provisions.
  (3) An evidence of coverage may be filed as part of the group contract to describe the provisions required in paragraph (2)(A) through (Q) of this subsection.
(b) In addition to the requirements of subsection (a)(2)(A) through (Y) of this section, an individual contract shall provide for a 10-day period to examine and return the contract and have the dues refunded. If services were received during the 10-day period and the person returns the contract to receive a refund of the dues paid, the person must pay for such services.
(c) Every enrollee shall receive an evidence of coverage from the group contract holder or the health maintenance organization.
  (1) The evidence of coverage shall not contain provisions or statements which are unfair, unjust, inequitable, misleading, or deceptive.
  (2) The evidence of coverage shall contain a clear statement of the requirements in subsection (a)(2)(A) through (Q) of this section.
(d) The Commissioner may adopt regulations establishing readability standards for individual contract, group contract, and evidence of coverage forms.
(e) No group or individual contract, evidence of coverage, or amendment thereto shall be delivered or issued for delivery in the District unless its form has been filed with and approved by the Commissioner pursuant to subsections (f) and (g) of this section.
(f) If an evidence of coverage issued pursuant to a contract issued in the District is intended for delivery in the District, the evidence of coverage must be submitted to and approved by the Commissioner in accordance with subsection (g) of this section.
  (1) If an evidence of coverage issued pursuant to a contract issued in Virginia or Maryland is intended for delivery in the District, the evidence of coverage shall be deemed approved if it has been filed and approved by the appropriate regulatory authority of Virginia or Maryland, as applicable.
  (2) If an evidence of coverage issued pursuant to a contract issued in another state, excepting Virginia and Maryland as described in paragraph (1) of this subsection, is intended for delivery in the District, the evidence of coverage must be submitted to and approved by the Commissioner in accordance with subsection (g) of this section.
(g) Every form required by this section shall be filed with the Commissioner not less than 30 days prior to delivery or issue for delivery in the District. At any time during the initial 30-day period, the Commissioner may extend the period for review for an additional 30 days. Notice of an extension shall be in writing. At the end of the review period, the form is deemed approved if the Commissioner has taken no action. The filer shall notify the Commissioner in writing prior to using a form that is deemed approved.
  (1) At any time, after 30-days notice and for cause shown, the Commissioner may withdraw approval of any form effective at the end of the 30 days if the form would violate a statute or regulation of the District. For group and individual contracts and evidence of coverages which have already been issued and delivered, the effective date shall not occur until the next anniversary date of the group or individual contract unless the Commissioner requires that the effective date shall be earlier. In such case, the health maintenance organization may revise its dues and other terms contained in the contract or evidence of coverage to reflect any changes required as a result of the Commissioner’s withdrawal of approval.
  (2) When a filing is disapproved or approval of a form is withdrawn, the Commissioner shall give the health maintenance organization written notice of the reasons for disapproval and in the notice shall inform the health maintenance organization that within 30 days of receipt of the notice the health maintenance organization may request a hearing. A hearing will be conducted within 30 days after the Commissioner has received the request for a hearing.
(h) The Commissioner may require the submission of any relevant information the Commissioner deems necessary in determining whether to approve or disapprove a filing made pursuant to this section.
D.C. Code § 31-3911 — DC Code / Title 31 / Chapter 39 / § 31-3911
§ 31-3911. Investments.
Status: repealed

Repealed.
D.C. Code § 31-709 — DC Code / Title 31 / Chapter 7 / § 31-709
§ 31-709. Injunctions, prohibitions against voting securities, sequestration of voting securities.
Status: in_force

(a) Whenever it appears to the Mayor that any insurer or any director, officer, employee, or agent has committed, or is about to commit, a violation of this subchapter or of any rule, regulation, or order issued by the Mayor, the Mayor may apply to the Superior Court of the District of Columbia for an order enjoining the insurer or the director, officer, employee, or agent from violating or continuing to violate this subchapter or any rule, regulation, or order, and for any other equitable relief as the nature of the case and the interest of the insurer’s policyholders, creditors, and shareholders or the public may require.
(b) (1) No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired, or to be acquired, in contravention of the provisions of this subchapter, or of any rule, regulation, or order issued by the Mayor pursuant to this subchapter, may be voted at any shareholder’s meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though the securities were not issued and outstanding; but no action taken at such a meeting shall be invalidated by the voting of these securities, unless the action would materially affect control of the insurer or unless the courts of the District of Columbia have so ordered.
  (2) If an insurer or the Mayor has reason to believe that any security of the insurer has been, or is about to be, acquired in contravention of the provisions of this subchapter or of any rule, regulation, or order issued by the Mayor pursuant to this subchapter, the insurer or the Mayor may apply to the Superior Court of the District of Columbia to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of § 31-703 or any rule, regulation, or order issued by the Commissioner to enjoin the voting of any security so acquired, to void any vote of such a security already cast at any meeting of shareholders, and for any other equitable relief as the nature of the case and the interest of the insurer’s policyholders, creditors, and shareholders or the public may require.
(c) In any case where a person has acquired, or is proposing to acquire, any voting securities in violation of this subchapter or any rule, regulation, or order issued by the Mayor pursuant to this subchapter, the Superior Court of the District of Columbia may, on that notice the court deems appropriate and upon the application of the insurer or the Mayor, seize or sequester any voting securities of the insurer owned directly or indirectly by the person, and issue an order appropriate to effectuate the provisions of this subchapter.
(d) Notwithstanding any other provisions of law, for the purposes of this subchapter the sites of the ownership of the securities of domestic insurers shall be deemed to be in the District.
D.C. Code § 31-233 — DC Code / Title 31 / Chapter 2A / § 31-233
§ 31-233. Investigations and administrative and judicial enforcement.
Status: in_force

(a) The Commissioner may make public or private investigations inside or outside of the District as he considers necessary to determine whether a person has violated, or is about to violate, any provision of this chapter, or any rule or order hereunder, to aid in the enforcement of this chapter, or to aid in the prescribing of rules and forms to implement this chapter.
(b) If the Commissioner determines that a person has engaged, is engaging, or is about to engage in any activity prohibited by this chapter or any rule or order adopted under this chapter, and that immediate action against such person is in the public interest, the Commissioner may issue a summary order directing the person to cease and desist from engaging in such activity; provided, that the summary cease and desist order shall give the person:
  (1) Notice of the opportunity for a hearing before the Commissioner to determine whether the summary cease and desist order should be vacated, modified, or entered as final, and that the hearing shall be conducted according to the rules for contested cases set forth in Chapter 38 of Title 26 of the District of Columbia Municipal Regulations; and
  (2) Notice that the summary cease and desist order will be entered as final if the person does not request a hearing within 15 days of service of the order as provided in Chapter 5 of Title 2 .
(c) If the Commissioner determines after a hearing, unless the right to a hearing is waived, that a person has engaged in any activity prohibited by this chapter or any rule or order adopted under this chapter, the Commissioner may, in addition to any other action in which he is authorized:
  (1) Issue a cease and desist order against the person;
  (2) Bar the person from engaging in the business of insurance;
  (3) Issue an order against the person imposing a civil fine not exceeding the greater of $10,000 per day of violation or twice the amount of money received by reason of the violation;
  (4) Issue an order for restitution and any other actual loss or damage incurred by other persons; and
  (5) Issue an order for payment of costs of the proceedings and reasonable expenses of any investigation.
(d) A person aggrieved by the Commissioner’s order may appeal to the District of Columbia Court of Appeals pursuant to Chapter 5 of Title 2 .
(e) The Commissioner may request the Office of the Attorney General to seek judicial enforcement of any Commissioner’s Order entered against such person as provided in this chapter.
(f) Administrative and judicial enforcement instituted by the Commissioner or the Office of the Attorney General under this chapter shall not bar governmental actions pursuant to other provisions of law, including criminal investigation and prosecution.
(g) For purposes of an investigation or proceeding under this chapter, the Commissioner may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Commissioner deems relevant or material to the inquiry.
(h) In case of contumacy by, or refusal to obey a subpoena issued to, a person, the Superior Court of the District of Columbia, upon application by the Commissioner, may issue to the person an order requiring the person to appear before the Commissioner to produce documentary evidence, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished as a contempt of court.
(i) Persons damaged by any activity prohibited by this chapter shall have a private cause of action for damages, including attorneys’ fees, and any other remedies provided by law.
D.C. Code § 31-803 — DC Code / Title 31 / Chapter 8 / § 31-803
§ 31-803. General license requirements.
Status: repealed

Repealed.
D.C. Code § 31-5001 — DC Code / Title 31 / Chapter 50 / § 31-5001
§ 31-5001. Purposes of chapter.
Status: in_force

The purposes of this chapter are:
(1) To assure stability in the property insurance market for property located in the District of Columbia;
(2) To assure the availability of basic property insurance and homeowner’s insurance as defined by this chapter;
(3) To encourage maximum use and utilization, in obtaining basic property insurance and homeowner’s insurance, of the normal insurance market provided by authorized insurers;
(4) To provide for the equitable distribution among insurers of the responsibility for insuring qualified property in the District of Columbia for which insurance cannot be obtained through the normal insurance market and to authorize the establishment of a joint underwriting association in the District of Columbia to provide for insuring and reinsuring of basic property insurance and homeowner’s insurance without regard to environmental hazards; and
(5) To encourage the delivery of essential property insurance, and the homeowner’s insurance that is provided by the Facility, at the most reasonable cost possible; provided, that insurance pricing by the Facility:
  (A) Is actuarially self-supporting; and
  (B) Does not actively compete with insurance pricing in the normal insurance market provided by authorized insurers.
D.C. Code § 31-3760 — DC Code / Title 31 / Chapter 37 / § 31-3760
§ 31-3760. Rules.
Status: repealed

Repealed.
D.C. Code § 31-5334 — DC Code / Title 31 / Chapter 53 / § 31-5334
§ 31-5334. Review.
Status: in_force

All decisions and findings of the Commissioner made under the provisions of this chapter shall be subject to review as provided by subchapters I and II of Chapter 2 of Title 5 .
D.C. Code § 31-4805 — DC Code / Title 31 / Chapter 48 / § 31-4805
§ 31-4805. Beneficiaries and claimants.
Status: in_force

Any individual designated with the consent of the insurer, evidenced by the signature of its president or secretary, or designated upon a form furnished by and filed with the insurer, as beneficiary of such a policy shall be entitled to the proceeds of such policy after the death of the insured in priority to all other claimants, and may sue in his own name for such proceeds if payment is refused by the insurer; provided, that upon the expiration of 15 days after the death of the insured, unless proof of claim in the manner and form required by the policy, accompanied by the policy for surrender, has theretofore been made by or on behalf of such designated beneficiary, the insurer may pay to any other claimant permitted by the policy. A person specified as one to whom the insured desires payment made, but not formally designated as beneficiary, shall be deemed a beneficiary for the purposes of this section, provided such designation be made in writing and filed with the company during the lifetime of the insured.
D.C. Code § 31-206 — DC Code / Title 31 / Chapter 2 / § 31-206
§ 31-206. Required annual reports of Commissioner — Contents.
Status: in_force

The Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall report annually to the Mayor of the District, on or before the 31st day of March, the financial condition of each insurance company and association doing business in said District, as of the 31st day of December next preceding.
D.C. Code § 31-5031.04 — DC Code / Title 31 / Chapter 50A / § 31-5031.04
§ 31-5031.04. Limitations on powers.
Status: in_force

(a) An insurer that transacts any class, type, or kind of business other than title insurance business shall not be eligible for the issuance or renewal of a license to transact the business of title insurance in the District of Columbia and shall not transact title insurance business.
(b) A title insurer shall not engage in the business of guaranteeing payment of the principal of, or the interest on, bonds or mortgages.
(c) (1) Notwithstanding subsection (a) of this section, and to the extent such coverage is lawful within the District, a title insurer may issue closing or settlement protection to a proposed insured upon request if the title insurer issues a preliminary report, binder, or title insurance policy. The closing or settlement protection shall conform to the terms of coverage and form of instrument as required by the Commissioner and may indemnify a proposed insured against loss of settlement funds because of the following acts of a title insurer’s named title insurance producer:
    (A) Theft of settlement funds in connection with the closing to the extent that the theft relates to the status of the title to that interest in land or to the validity, enforceability, and priority of the lien of the mortgage on that interest in land; and
    (B) Failure to comply with the written closing instructions by the proposed insured when agreed to by the title insurance producer, to the extent that they relate to the status of the title to that interest in land or the validity, enforceability, and priority of the lien of the mortgage on that interest in land.
  (2) The Commissioner may promulgate by rule pursuant to § 31-5031.23 , or approve, a required charge for providing the coverage.
  (3) Repealed.
  (4) Except as provided under this chapter, a title insurer shall not provide any other coverage which purports to indemnify against improper acts or omissions of a person with regard to escrow, settlement, or closing services.
  (5) The form of closing protection letter used by a title insurer and rates shall be filed with the Commissioner as provided by § 31-5031.18(b)(3) .
D.C. Code § 31-6106 — DC Code / Title 31 / Chapter 61 / § 31-6106
§ 31-6106. Minimum benefit standards.
Status: repealed

Repealed.
D.C. Code § 31-5604.02 — DC Code / Title 31 / Chapter 56 / § 31-5604.02
§ 31-5604.02. Exempt transactions.
Status: in_force

The following transactions are exempt from §§ 31-5603.01 , 31-5603.07 , and 31-5604.05 :
(1) An isolated nonissuer transaction, whether or not effected through a broker-dealer;
(2) A nonissuer transaction by a licensed agent of a licensed broker-dealer, and a resale transaction by a sponsor of a unit investment trust registered under the Investment Company Act of 1940, in a security of a class that has been outstanding and publicly held for at least 90 days; provided, that at the time of the transaction:
  (A) The issuer of the security is actually engaged in business and not in the organizational stage or in bankruptcy or receivership and is not a blank check, blind pool, or shell company whose primary plan of business is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person;
  (B) The security is sold at a price reasonably related to the current market price of the security;
  (C) The security does not constitute the whole or part of an unsold allotment to, or a subscription or participation by, the broker-dealer as an underwriter of the security;
  (D) A nationally recognized securities manual designated by rule or order of the Commissioner or a document filed with the Securities and Exchange Commission which is publicly available through the Securities and Exchange Commission’s Electronic Data Gathering and Retrieval System contains:
    (i) A description of the business and operations of the issuer;
    (ii) The names of the issuer’s officers and directors, if any, or, in the case of a non-United States issuer, the corporate equivalents of such persons in the issuer’s country of domicile;
    (iii) An audited balance sheet of the issuer as of a date within 18 months, or in the case of a reorganization or merger where parties to the reorganization or merger had an audited balance sheet, a pro forma balance sheet as of a date within 18 months;
    (iv) An audited income statement for each of the issuer’s immediately preceding 2 fiscal years or for the period of existence of the issuer, if in existence for less than 2 years or, in the case of a reorganization or merger where the parties to the reorganization or merger had an audited income statement, a pro forma income statement; and
  (E) The issuer of the security has a class of equity securities listed on a national securities exchange registered under the Securities Exchange Act of 1934, or designated for trading on the National Association of Securities Dealers Automated Quotation System or any other electronic trading system which the Commissioner designates by rule to have substantially the same standards for listing or trading, unless:
    (i) The issuer of the security is a unit investment trust registered under the Investment Company Act of 1940;
    (ii) The issuer of the security has been engaged in continuous business (including predecessors) for at least 3 years; or
    (iii) The issuer of the security has total assets of at least $2 million based on an audited balance sheet as of a date within 18 months or, in the case of a reorganization or merger where parties to the reorganization or merger had an audited balance sheet, a pro forma balance sheet;
(3) A nonissuer transaction in a security by a licensed agent of a licensed broker-dealer if:
  (A) The issuer of the security is actually engaged in business and not in the organizational stage or in bankruptcy or receivership and is not a blank check, blind pool, or shell company whose primary plan of business is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; and
  (B) The security is senior in rank to the common stock of the issuer both as to payment of dividends or interest and upon dissolution or liquidation of the issuer, the security has been outstanding at least 3 years, and the issuer or any predecessors has not defaulted within the current fiscal year or the 3 immediately preceding fiscal years in the payment of a dividend, interest, principal, or sinking fund installment on the security when due and payable;
(4) A nonissuer transaction in an outstanding security if the issuer of the security has a class of securities subject to registration under section 12 of the Securities Exchange Act 1934 [15 U.S.C. § 78l] and has been subject to the reporting requirements of sections 13 or 15(d) of the Securities Exchange Act of 1934 [15 U.S.C. § 78m or 15 U.S.C. § 78o(d)] for not less than 90 days next preceding the transaction, or has filed and maintained with the Commissioner for not less than 90 days preceding the transaction information, in the form that the Commissioner, by rule, specifies, substantially comparable to the information that the issuer would be required to file under section 12(b) or (g) [15 U.S.C. § 78l] of the Securities Exchange Act of 1934 if the issuer had a class of its securities registered under section 12 of the Securities Exchange Act of 1934 [15 U.S.C. § 78l];
(5) A nonissuer transaction in a security that has a fixed maturity or a fixed interest or dividend provision and for which there has been no default in the payment of principal, interest, or dividends on the security during the current fiscal year or within the 3 past years, or, if less than 3 years, during the existence of the issuer and any predecessors;
(6) A nonissuer transaction effected by or through a licensed broker-dealer under an unsolicited order or offer to purchase, if either the confirmation of the transaction delivered to the customer clearly states that the transaction was unsolicited, or the broker-dealer obtains a written acknowledgment signed by the customer that the transaction was unsolicited, and a copy of the confirmation or the acknowledgment is preserved by the broker-dealer for such period as the Commissioner may, by rule, require;
(7) A transaction between the issuer or other person on whose behalf the offering of a security is made and an underwriter, or a transaction among underwriters;
(8) A transaction in a bond or other evidence of indebtedness secured by a real estate mortgage, deed of trust, personal property security agreement, or by an agreement for the sale of real estate or personal property, if the entire mortgage, deed of trust, or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit;
(9) A transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator;
(10) A transaction executed by a bona fide secured party without any purpose of evading this chapter;
(11) An offer to sell, or the sale of a, security to a financial institution or institutional investor or to a broker-dealer, whether the purchaser is acting for itself or in some fiduciary capacity;
(11A) An offer to sell, or the sale of a security, by an issuer to an accredited investor;
(12) (A) Subject to subparagraph (B) of this paragraph, a transaction pursuant to an offer directed by the offeror to not more than 25 persons, other than those designated in § 31-5602.02(a)(1) , in the District during any period of 12 consecutive months, whether or not the offeror, or any of the offerees, is then present in the District at the time of the transaction, if:
    (i) The seller reasonably believes that all the purchasers in the District are purchasing for investment; and
    (ii) No commission or other remuneration is paid or given directly or indirectly for soliciting a prospective purchaser in the District except to a licensed broker-dealer or a licensed agent.
  (B) The Commissioner may, by rule or order, as to a security or transaction or any type of security or transaction, withdraw or further condition this exemption, increase or decrease the number of purchasers permitted, or waive one or more of the conditions in this paragraph;
(13) To the extent permitted by rule or order of the Commissioner, an offer or sale within the District by an issuer now or hereafter exempt from section 5 of the Securities Act of 1933 [15 U.S.C. § 77e] by a rule or regulation adopted by the Securities and Exchange Commission under section 3(b) or section 4(2) of that Act [15 U.S.C. § 77c or 15 U.S.C. § 77d] if the issuer files with the Commissioner a notice of intent to claim exemption under this paragraph, at such time, in such form, and containing such information as the Commissioner determines;
(14) An offer or sale of a preorganization certificate or subscription if:
  (A) No commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber;
  (B) The number of subscribers does not exceed 10; and
  (C) No payment is made by a subscriber;
(15) A transaction pursuant to an offer to existing security holders of the issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants, or transferable warrants exercisable within not more than 90 days of their issuance, if no commission or other remuneration, other than a standby commission, is paid or given directly or indirectly for soliciting a security holder in the District except to a licensed or exempt broker-dealer;
(16) A transaction involving an offer to sell, but not a sale, of a security if:
  (A) A registration statement or offering statement or similar document as required under the Securities Act of 1933 has been filed with the Securities and Exchange Commission, but is not effective;
  (B) A registration statement, if required, has been filed under § 31-5603.02 , but is not effective; and
  (C) No stop order of which the offeror is aware has been entered by the Commissioner or the Securities and Exchange Commission;
(17) The issuance of a security dividend, whether the corporation distributing the dividend is the issuer of the security or not, if nothing of value is given by security holders for the distribution other than the surrender of a right to a cash dividend where the security holder can elect to take a dividend in cash or in a security;
(18) A transaction involving an offer to sell, but not a sale, of a security if:
  (A) A registration statement has been filed under § 31-5603.04 , but is not effective; and
  (B) No stop order of which the offeror is aware has been entered by the Commissioner or the Securities and Exchange Commission;
(19) A transaction incident to a right of conversion or a statutory or judicially approved reclassification, recapitalization, reorganization, quasi-reorganization, stock split, reverse stock split, merger, triangular merger, consolidation, sale of assets, or exchange of securities; and
(20) An offer or sale of units of fractional undivided interests in a unit investment trust registered under the Investment Company Act of 1940 if:
  (A) The units have been the subject of a previously effective registration statement under this chapter or were exempt from registration;
  (B) The units are offered or sold by a broker-dealer licensed under this chapter; and
  (C) The broker-dealer is a sponsor or depositor of the unit investment trust or is an affiliate of the sponsor or depositor.
D.C. Code § 31-6102 — DC Code / Title 31 / Chapter 61 / § 31-6102
§ 31-6102. Applicability and scope.
Status: repealed

Repealed.
D.C. Code § 31-1631.06 — DC Code / Title 31 / Chapter 16A / § 31-1631.06
§ 31-1631.06. Maintenance of records.
Status: in_force

(a) A public insurance adjuster shall maintain a complete record of each transaction as a public insurance adjuster. The records required by this section shall include the:
  (1) Name of the insured;
  (2) Date, location, and amount of the loss;
  (3) Copy of the contract between the public insurance adjuster and insured;
  (4) Name of the insurer, amount, expiration date, and number of each policy carried with respect to the loss;
  (5) Itemized statement of the insured’s recoveries; and
  (6) Itemized statement of all compensation received by the public insurance adjuster, from any source whatsoever, in connection with a particular claim.
(b) Records shall be maintained for at least 5 years after the termination of the transaction with an insured and shall be open to examination by the Commissioner at all times.
(c) Records submitted in accordance with this section that contain proprietary information, identified in writing as such by the public insurance adjuster, shall be treated as confidential by the Commissioner.
D.C. Code § 31-3612 — DC Code / Title 31 / Chapter 36 / § 31-3612
§ 31-3612. Penalties.
Status: in_force

In addition to any other penalties provided by law, if, after a judicial proceeding or an administrative proceeding conducted in accordance with subchapter I of Chapter 5 of Title 2 , an insurer or any agent is found to have violated any requirements of this chapter, that insurer or agent shall be subject to a fine of up to 3 times the amount of any commissions paid for each policy involved in the violation or up to $10,000, whichever is greater.
D.C. Code § 31-2502.07 — DC Code / Title 31 / Chapter 25 / § 31-2502.07
§ 31-2502.07. Receivership proceedings; insolvency; impairment.
Status: repealed

Repealed.
D.C. Code § 31-3875.04 — DC Code / Title 31 / Chapter 38F / § 31-3875.04
§ 31-3875.04. Length of prior authorization.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, approval shall be valid for at least one year from the date the enrollee receives notice of the approval and shall remain valid regardless of any changes in dosage for a prescription drug prescribed by the health care provider; provided, that the utilization review entity may rescind the approval for dosages exceeding limitations set by federal or District laws or regulations.
(b) (1) Approval for a course of treatment, as that term is defined at 2 CFR 422.112(b)(8)(ii)(A), or for a health care service to treat a chronic condition, shall remain valid for as long as medically reasonable and necessary to avoid disruptions in care, in accordance with applicable coverage criteria, the enrollee's medical history, and the treating provider's recommendation.
  (2) Not Funded.
(c) A utilization review entity may not revoke, limit, condition, or restrict approval if care is provided within 45 business days from the date the enrollee receives notice of the approval; provided, that approval may be revoked or otherwise restricted in cases of fraud.
D.C. Code § 31-2502.28 — DC Code / Title 31 / Chapter 25 / § 31-2502.28
§ 31-2502.28. Rate and form filing requirements for accident and health policies.
Status: in_force

The Commissioner may require that the provisions and conditions contained in any policy of insurance against loss or damage from sickness or bodily injury or death of the insured by accident issued by, and the rate-making and filing obligations of, any company authorized by this chapter to transact business in the District be made to conform to the requirements prescribed under § 31-4712 .
D.C. Code § 31-5308 — DC Code / Title 31 / Chapter 53 / § 31-5308
§ 31-5308. Laws; amendments.
Status: in_force

(a) A domestic society may amend its laws in accordance with the provisions of its laws by action of its supreme governing body at any regular or special meeting or, if its laws so provide, by referendum.  The referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members, or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within 6 months from the date of submission, a majority of the members voting shall have signified their consent to such amendment by one of the methods herein specified. Any such amendment shall be filed with the Commissioner.
(b) Within 90 days from the filing of any such amendment, a copy or synopsis thereof shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima facie evidence that the amendments or synopsis, have been furnished to the addressee.
(c) Every foreign or alien society authorized to do business in the District shall file with the Commissioner a duly certified copy of all amendments of, or additions to, its laws within 90 days after enactment.
(d) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society shall be prima facie evidence of the legal adoption thereof.
D.C. Code § 31-814 — DC Code / Title 31 / Chapter 8 / § 31-814
§ 31-814. Rules and regulations.
Status: repealed

Repealed.
D.C. Code § 31-3107 — DC Code / Title 31 / Chapter 31 / § 31-3107
§ 31-3107. Preservation of certain benefits.
Status: in_force

Nothing in this chapter shall serve to diminish the benefits of any insured person or prevent the offering or acceptance of benefits that exceed the minimum benefits required by this chapter.
D.C. Code § 31-2602.03 — DC Code / Title 31 / Chapter 26 / § 31-2602.03
§ 31-2602.03. Kinds of insurance authorized; reserves required; requirements for transacting business for stock companies and reinsurance corporations.
Status: repealed

Repealed.
D.C. Code § 31-5721 — DC Code / Title 31 / Chapter 57 / § 31-5721
§ 31-5721. Insurance and/or annuities upon lives of children; applications — Powers of society.
Status: repealed

Repealed.
D.C. Code § 31-336 — DC Code / Title 31 / Chapter 3A / § 31-336
§ 31-336. NAIC and third-party consultants.
Status: in_force

(a) The Commissioner may disclose information received pursuant to this chapter to the NAIC in reviewing the Corporate Governance Annual Disclosure and related information or in evaluating an insurer's compliance with this chapter .
(b) (1) The Commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner's staff, as may be reasonably necessary, to assist the Commissioner in reviewing the Corporate Governance Annual Disclosure and related information or in evaluating the insurer's compliance with this chapter .
  (2) The Commissioner shall have the authority to enter into a written agreement with the NAIC or a third-party consultant governing the sharing and use of information provided pursuant to this chapter .  The agreement shall comply with the standards set forth in § 31-4121.07(d)(2) .
  (3) A third-party consultant retained pursuant to this subsection shall serve under the direction and control of the Commissioner and shall act in an advisory capacity to the Commissioner.
  (4) The NAIC, and third-party consultants retained pursuant to this subsection, shall be subject to the same confidentiality standards and requirements as the Commissioner.
(c) As part of the retention process, a third-party consultant shall verify to the Commissioner, with notice to the insurer, that it is free of a conflict of interest and has internal procedures in place to identify conflicts and monitor compliance with any measures taken to cure any conflicts and to comply with the confidentiality standards and requirements of this chapter .
D.C. Code § 31-1602 — DC Code / Title 31 / Chapter 16 / § 31-1602
§ 31-1602. Application of chapter.
Status: in_force

The requirements of this chapter shall apply to the practices and procedures employed by insurers and their agents and employees in making determinations about any individual or group policy or contract of health, disability, or life insurance.
D.C. Code § 31-3430 — DC Code / Title 31 / Chapter 34 / § 31-3430
§ 31-3430. Insolvency protection; assessment.
Status: repealed

Repealed.
D.C. Code § 31-106.01 — DC Code / Title 31 / Chapter 1 / § 31-106.01
§ 31-106.01. Student Loan Ombudsman.
Status: in_force

(a) There is established within the Department the position of the Student Loan Ombudsman.
(b) (1) The Ombudsman shall be:
    (A) Appointed by the Commissioner of the Department;
    (B) A District resident within 180 days of appointment; and
    (C) Experienced in consumer finance, including student loan servicing and debt collection.
  (2) If a vacancy in the position of Ombudsman occurs as a consequence of removal, resignation, disability, death, or other reason, the Commissioner shall appoint an Ombudsman to fill the vacancy within 90 days of the occurrence of the vacancy.
(c) The Ombudsman, in consultation with the Commissioner, shall:
  (1) Assist in the enforcement of the licensing provisions of § 31-106.02 , including the referral of actions to the Office of the Attorney General for the District of Columbia for the enforcement of an order of the Commissioner pursuant to § 31-106.02 or other authority of the Commissioner related to a licensee or a person required to have a license under this subchapter ;
  (2) Receive, review, and attempt to resolve any complaints from a student loan borrower, including attempts to resolve such complaints in collaboration with student loan servicers, and any other participants in student-loan lending, including those entities engaging student loan borrowers about existing student debt;
  (3) Compile and analyze data on student loan borrower complaints;
  (4) Develop and provide information to assist student loan borrowers in understanding their rights and responsibilities under the terms of the student loan borrower's student education loan;
  (5) Monitor the actions that student loan servicers take to ensure that student loan borrowers are informed of their rights and responsibilities under the terms of the student loan borrower's student education loan in a transparent, accessible, and timely manner;
  (6) Make recommendations to the Commissioner for resolving problems and concerns of student loan borrowers;
  (7) Analyze and monitor the development and implementation of federal and local laws, regulations, and policies relating to student loan borrowers;
  (8) Upon the request and written consent of a student loan borrower, review the student education loan history of the student loan borrower; provided, that the student loan borrower has provided documentation of the student loan borrower's student education loan history;
  (9) By October 1, 2017, establish, publicize, and maintain an education course to assist student loan borrowers in understanding their student education loans, which shall include:
    (A) Educational presentations;
    (B) Explanations of key loan terms;
    (C) Documentation requirements;
    (D) Monthly payment obligations, including:
      (i) Income-based repayment options;
      (ii) Loan forgiveness; and
      (iii) Disclosure requirements; and
    (E) Other educational materials that the Commissioner considers necessary or appropriate;
  (10) By January 1, 2025, develop an updated consumer-facing student loan borrower bill of rights, and make it available on the Department's website.
  (11) Conduct an examination of the activities of each student loan servicer at least once every 3 years, and as the Commissioner considers necessary;
  (12) Charge each student loan servicer an examination fee, which shall be assessed in an amount set by the Mayor; and
  (13) Take any other action required by the Commissioner.
(d) Beginning March 1, 2018, and by March 1 of each year thereafter, the Commissioner shall submit an annual report to the Mayor and the Council on the Ombudsman's activities, as required or authorized by this section, of the previous year, which shall include the number of educational presentations held across the city, the number of residents in attendance for the educational presentations, and the number of complaints received and the action taken to resolve the complaints.
(e) The Ombudsman shall not:
  (1) Disclose personally identifiable information regarding a student loan borrower without the written consent of the student loan borrower;
  (2) Disclose the identity of a person who brings a complaint or provides information to the Ombudsman without the person's consent, unless the Commissioner determines that disclosure is necessary to further the resolution of a complaint or an investigation;
  (3) Provide legal advice or legal representation; or
  (4) Be held personally liable for the good-faith performance of his or her responsibilities or duties under this section or rules issued pursuant to this section; except, that no immunity shall extend to criminal acts, or other acts that violate District or federal law.
D.C. Code § 31-5319 — DC Code / Title 31 / Chapter 53 / § 31-5319
§ 31-5319. Funds.
Status: in_force

(a) All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract.
(b) A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of the society.
(c) A society may, pursuant to resolution of its supreme governing body, establish and operate one or more separate accounts and issue contracts on a variable basis, subject to the provisions of law regulating life insurers establishing such accounts and issuing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws, or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account, may, for persons having beneficial interests therein, provide special voting and other rights, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account, and may issue contracts on a variable basis which § 31-5316(b) and (d) shall not apply.
D.C. Code § 31-2995.03 — DC Code / Title 31 / Chapter 29C / § 31-2995.03
§ 31-2995.03. Applicability to group health plans.
Status: in_force

This chapter shall apply to group health plans for years beginning on or after December 17, 2009.
D.C. Code § 31-4324 — DC Code / Title 31 / Chapter 43 / § 31-4324
§ 31-4324. Political contributions prohibited; immunity of witnesses in proceedings in regard to violations.
Status: repealed

Repealed.
D.C. Code § 31-4430 — DC Code / Title 31 / Chapter 44 / § 31-4430
§ 31-4430. Officers and directors not to be pecuniarily interested in transactions.
Status: in_force

No director or officer of any company doing business in the District shall receive any money or valuable thing for negotiating, procuring, recommending, or aiding in any purchase by or sale to such company of any property, or any loan from such company, nor be pecuniarily interested, either as principal, coprincipal, agent, or beneficiary, in any such purchase, sale, or loan, nor shall the financial obligation of any such director or officer be guaranteed by such company in any capacity; provided, that nothing herein contained shall prevent any such director or officer from receiving a fee for appraising property for said company or for serving on any committee that passes on the investments of said company; provided further, that nothing herein contained shall prevent a life insurance company from making a loan upon a policy held therein by a director or officer not in excess of the net value thereof or prevent any company in connection with the relocation of the place of employment of an officer, including any relocation in connection with the initial employment of such officer from: (1) making (or such officer from accepting therefrom) a mortgage loan to such officer on real property owned by such officer which is to serve as such officer’s residence; or (2) acquiring (or such officer from selling thereto), at not more than the fair market value thereof, the residence of such officer. Any person violating any provision of this section shall be guilty of a misdemeanor.
D.C. Code § 31-5722 — DC Code / Title 31 / Chapter 57 / § 31-5722
§ 31-5722. Separation of fraternal and insurance activities; corporations affected.
Status: repealed

Repealed.
D.C. Code § 31-3462 — DC Code / Title 31 / Chapter 34B / § 31-3462
§ 31-3462. Applicability of federal health acts to multiple employer welfare arrangements.
Status: in_force

(a) Requirements in the federal health acts incorporated by reference in § 31-3461(a) that apply to the small group market shall apply to health benefit plans offered by multiple employer welfare arrangements including associations or any other entity, if the plan covers an employee of a small employer, as that term is defined in § 31-3301.01(42) , in the District.
(b) Requirements in the federal health acts incorporated by reference in § 31-3461(a) that apply to insurers in the individual market shall apply to health benefit plans offered by multiple employer welfare arrangements, including associations or any other entities, if the plan covers an individual in the District who is not an employee or dependent of a participating employer.
D.C. Code § 31-308 — DC Code / Title 31 / Chapter 3 / § 31-308
§ 31-308. Notification of adverse financial condition.
Status: in_force

(a) (1) The insurer required to furnish the annual audited financial report shall require the independent certified public accountant to report, in writing, within 5 business days to the board of directors or its audit committee any determination by the independent certified public accountant that, as of the balance sheet date currently under audit, the insurer:
    (A) Has materially misstated its financial condition as reported to the Mayor;
    (B) Does not meet the minimum capital and surplus requirement pursuant to § 31-2502.13 and § 31-4408 ; or
    (C) Does not meet the minimum net worth requirements of § 31-3412 .
  (2) An insurer who has received a report pursuant to this subsection shall forward a copy of the report to the Mayor within 5 business days of receipt of the report and shall provide the independent certified public accountant making the report with evidence of the report being furnished to the Mayor. If the independent certified public accountant fails to receive the evidence within the required 5-business-day period, the independent certified public accountant shall furnish to the Mayor a copy of its report within the next 5 business days.
(b) No independent certified public accountant shall be liable in any manner to any person for any statement made in connection with subsection (a) of this section if the statement is made in good faith in compliance with subsection (a) of this section.
(c) If the accountant, subsequent to the date of the audited financial report filed pursuant to this chapter, becomes aware of facts which might have affected his report, the accountant shall take action prescribed in Volume 1, Section AU 561 of the Professional Standards of the American Institute of Certified Public Accountants.
D.C. Code § 31-5203 — DC Code / Title 31 / Chapter 52 / § 31-5203
§ 31-5203. Copy of application by insured to be delivered with policy.
Status: in_force

Each life insurance company, benefit order, and association doing a life insurance business in the District of Columbia shall deliver with each policy issued by it a copy of the application made by the insured so that the whole contract may appear in said application and policy, in default of which no defense shall be allowed to such policy on account of anything contained in, or omitted from, such application.
D.C. Code § 31-1322 — DC Code / Title 31 / Chapter 13 / § 31-1322
§ 31-1322. Actions by and against liquidator.
Status: in_force

(a) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in the District, no action at law or equity or in arbitration shall be brought against the insurer or liquidator, whether in the District or elsewhere, nor shall any existing actions be maintained or further presented after issuance of the order. The courts of the District shall give full faith and credit to injunctions against the liquidator or the company, or the continuation of existing actions against the liquidator or the company, when the injunctions are included in an order to liquidate an insurer issued pursuant to corresponding provisions in other states. Whenever, in the liquidator’s judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside the District, he or she may intervene in the action. The liquidator may defend any action in which he or she intervenes under this section at the expense of the estate of the insurer.
(b) The liquidator may, upon or after an order for liquidation, within 2 years, or other longer time as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which the order is entered. Where, by any agreement, a period of limitation is fixed for instituting a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like, or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act, and where in such a case the period had not expired at the date of the filing of the petition, the liquidator may, for the benefit of the estate, take any action or do any act required of or permitted to the insurer within a period of 180 days subsequent to the entry of an order for liquidation, or within any further period shown to the satisfaction of the court not to be unfairly prejudicial to the other party.
(c) No statute of limitation or defense of laches shall run with respect to any action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least 60 days after the petition is denied.
(d) Any guaranty association or foreign guaranty association shall have standing to appear in any court proceeding concerning the liquidation of an insurer if the association is or may become liable to act as a result of the liquidation.
D.C. Code § 31-4320 — DC Code / Title 31 / Chapter 43 / § 31-4320
§ 31-4320. Companies deemed insolvent.
Status: repealed

Repealed.
D.C. Code § 31-1131.06a — DC Code / Title 31 / Chapter 11A / § 31-1131.06a
§ 31-1131.06a. Fingerprinting.
Status: in_force

(a) An individual applying for a resident insurance producer license under this chapter (except for an individual applying only for a limited lines insurance producer license) and each officer, director, partner of, and owner of a controlling interest in, a business entity applying for a resident insurance producer license under this chapter (except for a business entity applying only for a limited lines insurance producer license) shall submit to the Commissioner the individual’s fingerprints along with the individual’s name, address, and written consent to the performance of a criminal history record background check.
(b) The Commissioner may require, by rule, that an individual applying only for a resident limited lines insurance producer license and each officer, director, partner of, and owner of a controlling interest in, a business entity applying only for a resident limited lines insurance producer license, shall submit to the Commissioner his or her fingerprints along with his or her name, address, and written consent to the performance of a criminal history record background check.
(c) The Commissioner may exchange the fingerprints and other information with, and receive criminal history record information from, the Metropolitan Police Department and the Federal Bureau of Investigation for the purposes of facilitating determinations regarding eligibility for licensure under this chapter.
(d) The individual or business entity applying for licensure shall bear the cost of the criminal history record background check and all costs of administering and processing the background check.
D.C. Code § 31-5606.04 — DC Code / Title 31 / Chapter 56 / § 31-5606.04
§ 31-5606.04. Criminal penalties.
Status: in_force

(a) Any person who violates § 31-5605.01 shall be guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than $1,000, be imprisoned for not more than one year, or both. All prosecutions under this subsection shall be upon information filed in the Superior Court of the District of Columbia in the name of the District by the Corporation Counsel or any of his or her assistants.
(b) Any person who knowingly or intentionally violates any of the provisions of § 31-5605.02 , § 31-5605.03 , § 31-5605.04 , or § 31-5605.05(b) , shall be guilty of fraud in the second degree, as defined in § 22-3221(b) .
(c) Any person who knowingly or intentionally violates any of the provisions of § 31-5605.02 , § 31-5605.03 , § 31-5605.04 , or § 31-5605.05(b) , by use of a plan, program, or campaign that is conducted using one or more telephones or other electronic means of communication for the purpose of inducing the purchase or sale of securities, shall be guilty of fraud in the first degree, as defined in § 22-3221(a) .
(d) No prosecution for a violation of this chapter shall bar, or be barred by, a prosecution for the violation of any other law. All prosecutions under this chapter, or based upon any provision of this chapter, shall be commenced within 3 years after the violation upon which the prosecution is based. If the accused person has intentionally concealed evidence of a violation of § 31-5605.02 , § 31-5605.03 , § 31-5605.04 , or § 31-5605.05(b) , the period of limitation prescribed in this subsection shall be extended up to an additional 2 years after the prosecuting officer becomes aware of the offense.
(e) Nothing in this chapter shall limit the power of the District to punish a person for conduct constituting a crime under other law.
D.C. Code § 31-2502.26a — DC Code / Title 31 / Chapter 25 / § 31-2502.26a
§ 31-2502.26a. Actuarial opinion of reserves.
Status: in_force

(a) Every property and casualty insurance company doing business in the District, unless otherwise exempted by the Commissioner, shall annually submit the opinion of an actuary appointed by the company entitled “Statement of Actuarial Opinion.” The opinion shall be prepared and filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions.
(b) (1) Every property and casualty insurance company domiciled in the District that is required to submit a Statement of Actuarial Opinion shall annually submit a summary entitled “Actuarial Opinion Summary,” written by the actuary appointed by the company. The Actuarial Opinion Summary shall be prepared and filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions and shall be a document supporting the Statement of Actuarial Opinion required by subsection (a) of this section.
  (2) A company licensed but not domiciled in the District shall provide the Actuarial Opinion Summary upon request.
(c) (1) A report entitled “Actuarial Report” and underlying workpapers as required by the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions shall be prepared to support each Statement of Actuarial Opinion.
  (2) If the company fails to provide a supporting Actuarial Report or workpapers at the request of the Commissioner or the Commissioner determines that the supporting Actuarial Report or workpapers provided by the company have been improperly prepared or are otherwise unacceptable, the Commissioner may engage a qualified actuary at the expense of the company to review the Statement of Actuarial Opinion and the basis for the opinion and prepare the supporting Actuarial Report or workpapers.
(d) The actuary appointed by the company shall not be liable for damages to any person other than the insurance company and the Commissioner for any act, error, omission, decision, or conduct with respect to the actuary’s opinion, except in cases of fraud, willful misconduct, or gross negligence on the part of the actuary.
D.C. Code § 31-3105 — DC Code / Title 31 / Chapter 31 / § 31-3105
§ 31-3105. Exemptions.
Status: in_force

(a) Methods of determining levels of payment or reimbursement for services, or for the type of facility charge eligible for payment or reimbursement under this chapter, and shall be consistent with those for physical illnesses in general and shall take into consideration usual, customary, and reasonable charges for those services. Except as otherwise provided in § 31-3104 , deductible or copayment plans, and limits on total amounts payable to an individual in a calendar year or lifetime payment limits, may be applied; provided, that the inpatient and outpatient benefits set forth in § 31-3104 shall be provided for health plans issued in the individual market and small group market with a lifetime payment limit of not less than $80,000 or 1/3 of the lifetime maximum for physical illness, whichever is greater; provided further, that for health plans issued in the large group market, the inpatient and outpatient benefits set forth in § 31-3104 shall be applied with the same lifetime and annual limits for medical, surgical, and mental benefits.
(b) If the cost of complying with the mental health benefits provisions of subsection (a) of this section for large group markets result in at least a 1% increase in the cost of the plan, the group health plan (or health benefit plan or certificate offered in connection with a group health plan) shall be exempt from complying with those mental health benefits parity provisions.
(c) If a group health plan is exempt from complying with the mental health benefits parity provisions under subsection (b) of this section, it shall comply with the individual and small group market requirements.
(d) Nothing in this section shall be construed as requiring health maintenance organizations to provide a greater level of covered benefits than the level required of health insurers.
(e) Repealed.
D.C. Code § 31-2206 — DC Code / Title 31 / Chapter 22 / § 31-2206
§ 31-2206. Additional requirements for U.S. Branch license.
Status: in_force

(a) Before issuing any new or renewal license to any U.S. Branch, the Commissioner may require satisfactory proof, either in the non-U.S. insurer’s charter or by an agreement evidenced by a duly certified resolution of its board of directors, or otherwise as the Commissioner may require, that the insurer will not engage in any insurance business in contravention of the provisions of this chapter or not authorized by its charter.
(b) The Commissioner shall issue a renewal license to any U.S. Branch if satisfied, by such proof as required, that the insurer is not delinquent with respect to any requirement imposed by this chapter and that its continuance in business in the District will not be hazardous or prejudicial to the best interest of the people of the District.
(c) No U.S. Branch shall be licensed to do in the District any kind of insurance business, or any combination of kinds of insurance business, which are not permitted to be done by domestic insurers licensed under the provisions of this chapter. No U.S. Branch shall be authorized to do an insurance business in the District if it does anywhere within the United States any kind of business other than an insurance business and the business necessarily or properly incidental to the kinds of insurance business which it is authorized to do in the District.
(d) Except as otherwise specifically provided, no U.S. Branch, entering through the District or another state, shall be or continue to be authorized to do an insurance business in the District if it fails to comply substantially with any requirement or limitation of this chapter applicable to similar domestic insurers hereafter organized, which in the judgment of the Commissioner is reasonably necessary to protect the interest of the policyholders.
(e) No U.S. Branch that does outside of the District any kind or combination of kinds of insurance business not permitted to be done in the District by similar domestic insurers hereafter organized shall be or continue to be authorized to do an insurance business in the District, unless in the judgment of the Commissioner the doing of such kind or combination of kinds of insurance business will not be prejudicial to the best interest of the people of the District.
(f) No U.S. Branch shall be, or continue to be, authorized to do an insurance business in the District if it fails to keep full and correct entries of its transactions, which shall at all times be open to the inspection of persons invested by law with the rights of inspection and be maintained in its principal office within the District.
D.C. Code § 31-4121.06 — DC Code / Title 31 / Chapter 41A / § 31-4121.06
§ 31-4121.06. Contents of ORSA Summary Report.
Status: in_force

(a) The ORSA Summary Report, and any additional requests for information, shall be prepared:
  (1) In consistence with the ORSA Guidance Manual; and
  (2) Using procedures consistent with § 31-707 and Chapter 14 of this title .
(b) Documentation and supporting information shall be maintained for a period to be determined by the Commissioner and made available upon request of the Commissioner.
D.C. Code § 31-5711 — DC Code / Title 31 / Chapter 57 / § 31-5711
§ 31-5711. Exemption of benefits from legal process.
Status: repealed

Repealed.
D.C. Code § 31-5238.03 — DC Code / Title 31 / Chapter 52A / § 31-5238.03
§ 31-5238.03. Waivers and disqualifications.
Status: in_force

The Commissioner may grant a business a 6-month waiver from any of the eligibility criteria to receive an Initial Investment if the Commissioner finds that the business will meet the eligibility criteria to receive an Initial Investment within 6 months of the date of issuance of the waiver. The waiver shall expire 6 months after it is issued and a business shall not receive an additional waiver pursuant to this section. Upon satisfaction of all eligibility criteria within the 6-month period, the business shall promptly provide the Commissioner with an affidavit stating that the business has satisfied the eligibility criteria to receive an Initial Investment and shall provide any supporting documents requested by the Commissioner.
D.C. Code § 31-3401 — DC Code / Title 31 / Chapter 34 / § 31-3401
§ 31-3401. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Administrative services provider contract” means a contract entered into between a health maintenance organization and a contracting provider in which the contracting provider accepts payments for certain covered services provided to the enrollees of the health maintenance organization by external providers, and the contracting provider pays the external providers pursuant to a contract between the contracting provider and the health maintenance organization.
(2) “Agent” means a person who solicits, negotiates, effects, procures, delivers, renews, or continues a contract for health maintenance organization membership, other than for himself, or a person who advertises or otherwise holds himself out to the public as such. Health maintenance organization agents shall not include salaried employees and officers of the HMO or its parents, subsidiaries or other corporations under common control with the HMO, whose principal duties do not include the negotiation or solicitation of enrollee contracts.
(3) “Basic health care services” means preventive care, emergency care, inpatient and outpatient hospital and physician care, diagnostic laboratory and diagnostic and therapeutic radiological services, and services mandated under Chapter 29 of this title , Chapter 31 of this title , and Chapter 38 of this title .
(4) “Capitated basis” means fixed per member per month payment or percentage of dues payment wherein the provider or an affiliation of providers assumes the full risk for the cost of contracted services without regard to the type, value, or frequency of services provided. For the purposes of this definition, the term “capitated basis” includes the cost associated with operating staff or group model facilities.
(5) “Carrier” means a health maintenance organization, a licensed insurer, Group Hospitalization and Medical Services, Inc., or other entity responsible for payment of benefits or provision of services under a group or individual contract.
(6) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(7) “Contracting provider” means a physician or other health care provider who enters into an administrative service provider contract with a health maintenance organization.
(8) “Copayment” means either a dollar or percentage amount an enrollee must pay in order to receive a specific covered service which is not fully prepaid.
(9) “Covered services” means health care services included in the health maintenance organization’s evidence of coverage in accordance with the terms of the health maintenance organization’s group or individual contract.
(10) “Deductible” means the amount an enrollee is responsible to pay out-of-pocket before the health maintenance organization begins to pay the costs associated with treatment.
(11) “Director” means the Director of the Department of Health, established by Reorganization Plan No. 4 of 1996.
(12) “District” means the District of Columbia.
(13) “Enrollee” means an individual who is covered by a health maintenance organization.
(14) “Enrollment fees” means the payment charged by the health maintenance organization which shall be paid by an enrollee or by a group on behalf of enrollees for coverage in the health maintenance organization.
(15) “Evidence of coverage” means a statement of the essential features and covered services of the health maintenance organization which is given to the enrollee by the health maintenance organization or by the group contract holder.
(16) “Extension of benefits” means the continuation of coverage under a particular benefit provided under a contract following termination with respect to an enrollee who is hospitalized on the date of termination.
(17) “External provider” means a health care provider, including a physician or hospital, that is not a contracting provider, or an employee, shareholder, or partner of a contracting provider.
(18) Repealed.
(19) “Group contract” means a contract issued and delivered in the District for health care services which by its terms limits eligibility to members of a specified group. The group contract may include coverage for dependents.
(20) “Group contract holder” means the person to which the group contract has been issued.
(21) “Health maintenance organization” or “HMO” means any person that undertakes to provide or arrange for the delivery of basic health care services to enrollees on a prepaid basis, except for enrollee responsibility for copayments and deductibles.
(22) “Health maintenance organization producers” means any person who solicits, negotiates, effects, procures, delivers, renews, or continues a policy or contract for HMO membership or who takes or transmits a membership fee or premium for such a policy or contract, other than for himself, or a person who advertises or otherwise holds himself out to the public as such.
(23) “Hold harmless” means an expressed or implied arrangement between a provider and a health maintenance organization by which the provider, or any representative of the provider, agrees not to collect or attempt to collect from any enrollee any money owed to the provider by the health maintenance organization or by a contracting provider, except for copayments and deductibles owed by the enrollee, or any payment or charges for health care services not covered under the evidence of coverage.
(24) “Individual contract” means a contract delivered in the District for health care services issued to and covering an individual enrollee. The individual contract may include dependents of the enrollee.
(25) “Insolvent” or “insolvency” means that the organization has been declared bankrupt and placed under an order of liquidation by a court of competent jurisdiction.
(26) “Mayor” means the Mayor of the District of Columbia.
(27) “Net worth” means the excess of total admitted assets over total liabilities, but the liabilities shall not include fully subordinated debt.
(28) “Participating provider” means a provider who, under an express or implied contract with a health maintenance organization or with its contractor or subcontractor, has agreed to provide covered services to enrollees with an expectation of receiving payment, other than copayment or deductible, directly or indirectly from the health maintenance organization.
(29) “Person” means any natural or artificial person, including, but not limited to, individuals, partnerships, associations, trusts, or corporations.
(30) “Point of service plan” means a delivery system that permits an enrollee of a health maintenance organization to receive services outside the provider panel of the health maintenance organization under the terms and conditions of the enrollee’s contract with the health maintenance organization.
(31) “Primary care provider” means a participating provider who the enrollee has selected or who has otherwise been assigned responsibility for the coordination of covered services to the enrollee.
(32) “Provider” means any hospital or health professional licensed or authorized by reciprocity or endorsement to practice a health occupation by the District pursuant to Chapter 12 of Title 3 , or any state.
(33) “Provider panel” means a group of providers that have entered into a written provider service contract with an HMO to provide services under the HMO’s health benefit plan.
(34) “Replacement coverage” means the benefits provided by a succeeding carrier after termination of a member’s enrollment with the preceding carrier.
(35) “Uncovered expenditures” means the cost to the health maintenance organization for covered services that are the obligation of the health maintenance organization for which an enrollee may also be liable in the event of the health maintenance organization’s insolvency and for which no alternative arrangements have been made that are acceptable to the Commissioner.
D.C. Code § 31-5902 — DC Code / Title 31 / Chapter 59 / § 31-5902
§ 31-5902. Exemption of fraternal associations from provisions; licenses required for authorized solicitors; assignment of licenses; violations.
Status: repealed

Repealed.
D.C. Code § 31-2602.09 — DC Code / Title 31 / Chapter 26 / § 31-2602.09
§ 31-2602.09. Taxation of companies—Tax on underwriting profit—Computation and payment of tax.
Status: repealed

Repealed.
D.C. Code § 31-2502.05 — DC Code / Title 31 / Chapter 25 / § 31-2502.05
§ 31-2502.05. Receivership proceedings.
Status: repealed

Repealed.
D.C. Code § 31-4705.04 — DC Code / Title 31 / Chapter 47 / § 31-4705.04
§ 31-4705.04. Loan provisions in policies.
Status: in_force

(a) In the case of ordinary policies issued prior to the operative date of § 31-4705.02 (the standard nonforfeiture law) the loan value referred to in paragraph (6) of subsection (a) of § 31-4703 shall be the reserve at the end of the current policy year on the policy and on the dividend additions thereto, if any, exclusive of the reserve on account of return premium insurance and of total and permanent disability and additional accidental death benefits, less a sum not more than 2 1/2% of the amount insured by the policy and of any dividend additions thereto (the policy to specify the mortality table and rate of interest adopted for computing such reserve). The policy may provide that such loan may be deferred for not exceeding 6 months after the application therefor is made. A company may, in lieu of the provision hereinabove permitted for the deduction from a loan on the policy of a sum not more than 2 1/2% of the amount insured by the policy and of any dividend additions thereto, insert in the policy a provision that one fifth of the said reserve may be deducted in case of a loan under the policy, or may provide therein that the deduction may be the said 2 1/2% or the one fifth of the said reserve at the option of the company.
(b) In the case of ordinary policies issued on or after the operative date of § 31-4705.02 (the standard nonforfeiture law) the loan value referred to in paragraph (6) of subsection (a) of § 31-4703 shall be the cash surrender value at the end of the current policy year as required by § 31-4705.02 . The company shall reserve the right to defer such loan, except when made to pay premiums, for 6 months after application therefor is made.
D.C. Code § 31-3932.03 — DC Code / Title 31 / Chapter 39A / § 31-3932.03
§ 31-3932.03. Application of subchapter I of this chapter.
Status: in_force

(a) Except as otherwise provided, §§ 31-3931.03 , 31-3931.04 , 31-3931.05 , 31-3931.09 , 31-3931.10 , 31-3931.11 , 31-3931.12 , 31-3931.13 , 31-3931.14 , 31-3931.15 , 31-3931.16 , 31-3931.17 , 31-3931.18 , 31-3931.19 , 31-3931.20 , 31-3931.21 , and 31-3931.09 through 31-3931.22 shall apply under this subchapter to SPFCs.
(b) The Commissioner, by rule or order, may exempt an SPFC, on a case-by-case basis, from the provisions of this title that the Commissioner determines to be inappropriate given the nature of the risks to be insured.
D.C. Code § 31-2710 — DC Code / Title 31 / Chapter 27 / § 31-2710
§ 31-2710. Judicial proceedings to contest actions of Commissioner.
Status: in_force

Any person, firm or corporation aggrieved by any order, ruling, proceeding, or action of the Commissioner may contest the validity of such order, ruling, proceeding, or action in any court of competent jurisdiction by appeal or through any other appropriate proceedings, as provided under § 31-2502.44 [repealed].
D.C. Code § 31-5031.10 — DC Code / Title 31 / Chapter 50A / § 31-5031.10
§ 31-5031.10. Restrictions on dividends.
Status: in_force

A domestic title insurer shall only declare or distribute a dividend to shareholders without the prior written approval of the Commissioner as would be permitted under § 31-706 , for insurers other than life insurers.
D.C. Code § 31-4318 — DC Code / Title 31 / Chapter 43 / § 31-4318
§ 31-4318. Examinations; reports; expenses.
Status: repealed

Repealed.
D.C. Code § 31-3601 — DC Code / Title 31 / Chapter 36 / § 31-3601
§ 31-3601. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Applicant” means:
  (A) In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits; and
  (B) In the case of a group long-term care insurance policy, the proposed certificate holder.
(2) “Certificate” means any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in the District of Columbia.
(3) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(4) “Group long-term care insurance” means a long-term care insurance policy which is delivered or issued for delivery in the District of Columbia and issued to one of the following groups:
  (A) One or more employers or labor organizations, a trust or the trustees of a fund established by one or more employers or labor organizations, or a combination thereof, for employees or former employees, or a combination thereof or for members or former members, or a combination thereof, of the labor organizations;
  (B) Any professional, trade, or occupational association for its members, former or retired members, or combination thereof, if such association:
    (i) Is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and
    (ii) Has been maintained in good faith for purposes other than obtaining insurance;
  (C) An association, trust, or the trustee of a fund established, created, or maintained for the benefit of members of one or more associations;
  (D) Any other group; provided that, the Commissioner finds the following:
    (i) The issuance of the group policy is not contrary to the best interest of the public;
    (ii) The issuance of the group policy would result in economies of acquisition or administration; and
    (iii) The benefits are reasonable in relations to the premiums charged.
(5) (A) “Long-term care insurance” means any insurance policy or rider advertised, marketed, offered, or designed to provide coverage for not less than 12 consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis; for one or more necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance or personal care services provided in a setting other than an acute care unit of a hospital. “Long-term care insurance” includes group and individual annuities and life insurance policies or riders which provide directly, or which supplement, long-term care insurance. “Long-term care insurance” also includes a policy or rider which provides for payment of benefits based upon cognitive impairment or the loss of functional capacity as well as qualified long-term care insurance contracts.
  (B) “Long-term care insurance” shall not include any insurance policy which is offered primarily to provide basic Medicare supplement coverage, basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income or related asset-protection coverage, accident only coverage, specified disease or specified accident coverage, or limited benefit health coverage. With regard to life insurance, “long-term care insurance” shall not include life insurance policies which accelerate the death benefit specifically for one or more of the qualifying events of terminal illness, medical conditions requiring extraordinary medical intervention, or permanent institutional confinement and which provide the option of lump-sum payment for those benefits and in which neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care.
(6) “Nonforfeiture benefit” means a benefit provided to a policyholder in the event of nonpayment of a premium due.
(7) “Policy” means any policy, contract, subscriber agreement, rider or endorsement delivered or issued for delivery in the District of Columbia by an insurer; fraternal benefits society; nonprofit health, hospital, or medical service corporation; prepaid health plan, health maintenance organization, or any similar organization.
(8) (A) “Qualified long-term care insurance contract” means an individual or group insurance contract that meets the requirements of section 7702B(b) of the Internal Revenue Code of 1986, approved August 21, 1996 (110 Stat. 259; 26 U.S.C. § 7702B(b)), and the following:
    (i) The only insurance protection provided under the contract is coverage of qualified long-term care services; provided, that a contract shall not fail to satisfy the requirements of this sub-subparagraph by reason of payments being made on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate;
    (ii) The contract does not pay or reimburse expenses incurred for services or items to the extent that the expenses incurred for services or items are reimbursable under Title XVIII of the Social Security Act, approved July 30, 1965 (79 Stat. 291; 42 U.S.C. § 1395 et seq.), or would be so reimbursable but for the application of a deductible or coinsurance amount; provided, that the requirements of this sub-subparagraph shall not apply to expenses that are reimbursable under Title XVIII of the Social Security Act, approved July 30, 1965 (79 Stat. 291; 42 U.S.C. § 1395 et seq.), only as a secondary payor; provided further, that a contract shall not fail to satisfy the requirements of this sub-subparagraph by reason of payments being made on a per diem or other periodic basis without regard to expenses incurred during the period to which the payments relate;
    (iii) The contract is guaranteed renewable, within the meaning of section 7702B(b)(1)(C) of the Internal Revenue Code of 1986, approved August 21, 1996 (110 Stat. 259; 26 U.S.C. § 7702B(b)(1)(C));
    (iv) The contract does not provide for a cash surrender value or other money that can be paid, assigned, pledged as collateral for a loan, or borrowed except as provided by sub-subparagraph (v) of this subparagraph;
    (v) All refunds of premiums, and all policyholder dividends or similar amounts, under the contract are to be applied as a reduction in future premiums or to increase future benefits; provided, that a refund in the event of death of the insured or a complete surrender or cancellation of the contract cannot exceed the aggregate premiums paid under the contract; and
    (vi) The contract meets the consumer protection provisions set forth in section 7702B(g) of the Internal Revenue Code of 1986, approved August 21, 1996 (110 Stat. 259; 26 U.S.C. § 7702B(g)).
  (B) “Qualified long-term care insurance contract” also means the portion of a life insurance contract that provides long-term care insurance coverage by rider or as part of the contract and that satisfies requirements of section 7702B(b) and (e) of the Internal Revenue Code of 1986, approved August 21, 1996 (110 Stat. 259; 26 U.S.C. § 7702B(c) and (e)).
D.C. Code § 31-4705.03 — DC Code / Title 31 / Chapter 47 / § 31-4705.03
§ 31-4705.03. Standard nonforfeiture law — Individual deferred annuities.
Status: in_force

(a) This section shall not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts of individual retirement annuities under § 408 of the Internal Revenue Code of 1954 (88 Stat. 959; § 408 of Title 26, United States Code), as now or hereafter amended, premium deposit fund, variable contract, immediate annuity, any deferred annuity contract after annuity payments have commenced, or reversionary annuity, nor to any contract which shall be delivered outside the District of Columbia through an agent or other representative of the company issuing the contract.
(b) (1) In the case of contracts issued on or after the operative date of this section as defined in subsection (k) of this section, no contract of annuity, except as stated in subsection (a) of this section, shall be delivered or issued for delivery in the District of Columbia unless it contains in substance the following provisions, or corresponding provisions which in the opinion of the Commissioner are at least as favorable to the contract holder:
    (A) That upon cessation of payment of considerations under a contract, the company will grant a paid-up annuity benefit on a plan stipulated in the contract of such value as is specified in subsections (d), (e), (f), (g), and (i) of this section;
    (B) If a contract provides for a lump-sum settlement at maturity, or at any other time, that upon surrender of the contract at or prior to the commencement of any annuity payments, the company will pay in lieu of any paid-up annuity benefit as cash surrender benefit of such amount as is specified in subsections (d), (e), (g), and (i) of this section. The company shall reserve the right to defer the payment of such cash surrender benefit for a period of 6 months after demand therefor with surrender of the contract;
    (C) A statement of the mortality table, if any, and interest rates used in calculating any minimum paid-up annuity, cash surrender or death benefits that are guaranteed under the contract, together with sufficient information to determine the amounts of such benefits; and
    (D) A brief and general statement of the method to be used in calculating any paid-up annuity, cash surrender or death benefits that may be available under the contract and an explanation of the manner in which such benefits are altered by the existence of any additional amounts credited by the company to the contract, any indebtedness to the company on the contract or any prior withdrawals from or partial surrenders of the contract.
  (2) Notwithstanding the requirements of this section, any deferred annuity contract may provide that if no considerations have been received under a contract for a period of 2 full years and the portion of the paid-up annuity benefit at maturity on the plan stipulated in the contract arising from considerations paid prior to such period would be less than $20 monthly, the company may at its option terminate such contract by payment in cash of the then present value of such portion of the paid-up annuity benefit, calculated on the basis of the mortality table, if any, and interest rate specified in the contract for determining the paid-up annuity benefit, and by such payment shall be relieved of any further obligation under such contract.
(c) The minimum values as specified in subsections (d), (e), (f), (g), and (i) of this section of any paid-up annuity, cash surrender or death benefits available under an annuity contract shall be based upon minimum nonforfeiture amounts as defined in this subsection:
  (1) (A) With respect to contracts providing for flexible considerations, the minimum nonforfeiture amount at any time at or prior to the commencement of any annuity payments shall be equal to an accumulation up to such time at a rate of interest of 1.5% per year of percentages of the net considerations (as hereinafter defined) paid prior to such time, decreased by the sum of:
      (i) Any prior withdrawals from or partial surrender of the contract accumulated at a rate of interest of 1.5% per year; and
      (ii) The amount of any indebtedness to the company on the contract, including interest due and accrued; and increased by any existing additional amounts credited by the company to the contract;
    (A-i) Notwithstanding the interest rate of 1.5% per year used to calculate the minimum nonforfeiture amount under subparagraph (A) of this paragraph, the Mayor shall issue regulations which shall set forth the computation of the interest rate used to determine the minimum nonforfeiture amount. The regulations shall apply to any contract issued on or after the effective date of the regulations.
    (B) The net considerations for a given contract year used to define the minimum nonforfeiture amount shall be an amount not less than 0 and shall be equal to the corresponding gross considerations credited to the contract during that contract year less an annual contract charge of $30 and less a collection charge of $1.25 per consideration credited to the contract during that contract year. The percentages of net considerations shall be 65% of the net consideration for the 1st contract year and 87 1/2% of the net considerations for the 2nd and later contract years. Notwithstanding the provisions of the preceding sentence, the percentage shall be 65% of the portion of the total net consideration for any renewal contract year which exceeds by not more than 2 times the sum of those portions of the net considerations in all prior contract years for which the percentage was 65%;
  (2) With respect to contracts providing for fixed scheduled considerations, minimum nonforfeiture amounts shall be calculated on the assumption that considerations are paid annually in advance and shall be defined as for contracts with flexible considerations which are paid annually with 2 exceptions:
    (A) The portion of the net consideration for the 1st contract year to be accumulated shall be the sum of 65% of the net consideration for the 1st contract year plus 22 1/2% of the excess of the net consideration for the 1st contract year over the lesser of the net considerations for the 2nd and 3rd contract years; and
    (B) The annual contract charge shall be the lesser of $30 or 10% of the gross annual consideration;
  (3) With respect to contracts providing for a single consideration, minimum nonforfeiture amounts shall be defined as for contracts with flexible considerations except that the percentage of net consideration used to determine the minimum nonforfeiture amount shall be equal to 90% and the net consideration shall be the gross consideration less a contract charge of $75.
(d) Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. Such present value shall be computed using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract.
(e) For contracts which provide cash surrender benefits, such cash surrender benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit which would be provided under the contract at maturity arising from considerations paid prior to the time of cash surrender reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, such present value being calculated on the basis of an interest rate not more than 1 percent higher than the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract. In no event shall any cash surrender benefit be less than the minimum nonforfeiture amount at that time. The death benefit under such contracts shall be at least equal to the cash surrender benefit.
(f) For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the contract is surrendered in exchange for, or changed to, a deferred paid-up annuity, such present value being calculated for the period prior to the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, and increased by any existing additional amounts credited by the company to the contract. For contracts which do not provide any death benefits prior to the commencement of any annuity payments, such present values shall be calculated on the basis of such interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit. However, in no event shall the present value of the paid-up annuity benefit be less than the minimum nonforfeiture amount at the time.
(g) For the purpose of determining the benefits calculated under subsections (e) and (f) of this section, in the case of annuity contracts under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract, but shall not be deemed to be later than the anniversary of the contract next following the annuitant’s 70th birthday or the 10th anniversary of the contract, whichever is later.
(h) Any contract which does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement of any annuity payments shall include a statement in a prominent place in the contract that such benefits are not provided.
(i) Any paid-up annuity, cash surrender or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations beyond the beginning of the contract year in which cessation of payment of considerations under the contract occurs.
(j) For any contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits shall be equal to the sum of the minimum nonforfeiture benefits for the annuity portion and the minimum nonforfeiture benefits, if any, for the life insurance portion computed as if each portion were a separate contract. Notwithstanding the provisions of subsections (d), (e), (f), (g), and (i) of this section, additional benefits payable: (1) in the event of total and permanent disability; (2) as reversionary annuity or deferred reversionary annuity benefits; or (3) as other policy benefits additional to life insurance, endowment and annuity benefits; and considerations for all such additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender and death benefits that may be required by this section. The inclusion of such additional benefits shall not be required in any paid-up benefits, unless such additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender and death benefits.
(k) After October 13, 1978, any company may file with the Commissioner a written notice of its election to comply with the provisions of this section after a specified date which is no more than 2 years after such effective date. After the filing of such notice, then upon such specified date, which shall be the operative date of this section for such company, this section shall become operative with respect to annuity contracts thereafter issued by such company. If a company makes no such election, the operative date of this section for such company shall be 2 years after October 13, 1978.
D.C. Code § 31-5307 — DC Code / Title 31 / Chapter 53 / § 31-5307
§ 31-5307. Organization of societies.
Status: in_force

(a) A domestic society organized on or after April 29, 1998, shall be formed as follows:
  (1) Seven or more citizens of the United States, a majority of whom are residents of the District, who desire to form a fraternal benefit society may make, sign, and acknowledge, before some officer competent to take acknowledgment of deeds, articles of incorporation, in which shall be stated:
    (A) The proposed corporate name of the society, which shall not resemble the name of any society or insurance company already authorized to transact business in the District so as to be misleading or confusing;
    (B) The place where its principal office shall be located within the District;
    (C) The purposes for which it is being formed and the mode in which its corporate powers are to be exercised. Such purposes shall not include more liberal powers than are granted by this chapter; and
    (D) The names and residences of the incorporators and the names, residences, and official titles of all the officers, trustees, directors, or other persons who will manage the affairs and funds of the society for the first year or until the ensuing election, at which all such officers shall be elected by the supreme governing body.  The ensuing election shall be held no later than one year from the date of issuance of the permanent certificate of authority.
  (2) Duplicate originals of the articles of incorporation, certified copies of the society’s bylaws and rules, copies of all proposed forms of certificates, applications and rates therefor, and circulars to be issued by the society and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year shall be filed with the Commissioner, who may require such further information as the Commissioner deems necessary. The bond with sureties approved by the Commissioner shall be in such amount, not less than $50,000, nor more than $500,000, as required by the Commissioner. All documents filed are to be in the English language. If the Commissioner finds that the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the Commissioner shall approve the articles of incorporation and issue the incorporators a preliminary certificate of authority authorizing the society to solicit members as hereinafter provided.
(b) No preliminary certificate of authority granted under the provisions of this section shall be valid after one year from its date or after such further period, not exceeding one year, as may be authorized by the Commissioner upon cause shown, unless the 100 applicants hereinafter required have been secured and the organization has been completed as herein provided. The charter and all other proceedings thereunder shall become null and void in one year from the date of the preliminary certificate of authority, or at the expiration of the extended period, unless the society shall have completed its organization and received a certificate of authority to do business as hereinafter provided.
(c) Upon receipt of a preliminary certificate of authority from the Commissioner, the society may solicit members for the purpose of completing its organization, shall collect from each applicant the amount of not less than one regular monthly premium in accordance with its table of rates, and shall issue to each such applicant a receipt for the amount so collected. No society shall incur any liability other than for the return of such advance premium, nor issue any certificate, nor pay, allow, or offer or promise to pay or allow, any benefit to any person until:
  (1) Actual bona fide applications for benefits have been secured aggregating at least $100,000 on not less than 100 applicants, and any necessary evidence of insurability has been furnished to and approved by the society;
  (2) At least 5 subordinate lodges have been established into which the 100 applicants have been admitted;
  (3) There has been submitted to the Commissioner, under oath of the president or secretary, or corresponding officer of the society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the subordinate lodge of which each applicant is a member, amount of benefits to be granted, and premiums therefor; and
  (4) It shall have been shown to the Commissioner, by sworn statement of the treasurer, or corresponding officer of such society, that at least 100 applicants have each paid in cash at least one regular monthly premium as herein provided, which premiums in the aggregate shall amount to at least $50,000. Advance premiums shall be held in trust during the period of organization.  If the society has not qualified for a certificate of authority within one year, as herein provided, advance premiums shall be returned to applicants.
(d) The Commissioner may make such examination and require such further information as the Commissioner deems necessary. Upon presentation of satisfactory evidence that the society has complied with all the provisions of law, the Commissioner shall issue to the society a certificate of authority to that effect and that the society is authorized to transact business pursuant to the provisions of this chapter. The certificate of authority shall be prima facie evidence of the existence of the society at the date of such certificate of authority to be made and filed with the Recorder of Deeds of the District. A certified copy of such record may be given in evidence with like effect as the original certificate of authority.
(e) Any incorporated society authorized to transact business in the District at the time this chapter becomes effective shall not be required to reincorporate.
(f) No unincorporated or voluntary association shall be permitted to transact business in the District as a fraternal benefit society.
D.C. Code § 31-1321 — DC Code / Title 31 / Chapter 13 / § 31-1321
§ 31-1321. Duties of agents.
Status: in_force

(a) Every person who receives notice in the form prescribed in § 31-1320 that an insurer which he represents as an agent is the subject of a liquidation order shall, within 30 days of the notice, provide to the liquidator (in addition to the information he may be required to provide pursuant to § 31-1305 ) the information in the agent’s records related to any policy issued by the insurer through the agent, and, if the agent is a general agent, the information in the general agent’s records related to any policy issued by the insurer through an agent under contract to him or her, including the name and address of such subagent. A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy, or if the agent has had in his or her possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another.
(b) Any agent failing to provide information to the liquidator as required in subsection (a) of this section may be subject to payment of a penalty of not more than $1,000 and may have his or her licenses suspended, the penalty to be imposed after a hearing held by the Commissioner.
D.C. Code § 31-232 — DC Code / Title 31 / Chapter 2A / § 31-232
§ 31-232. Aiding or assisting unauthorized activity.
Status: in_force

No person shall aid or assist another person in unauthorized activity proscribed by § 31-231 , including selling, soliciting, or negotiating for applications, policies, memberships, or other business.
D.C. Code § 31-4305 — DC Code / Title 31 / Chapter 43 / § 31-4305
§ 31-4305. Certificate of authority — Revocation or suspension; grounds; hearing; alternative penalty.
Status: in_force

(a) The Commissioner shall have power to revoke or suspend the certificate of authority to transact business in the District of any company which has failed or refused to comply with any provision or requirement of this subdivision, or which:
  (1) Is impaired in capital or surplus;
  (2) Is insolvent;
  (3) Is in such a condition that its further transaction of business in the District would be hazardous to its policyholders or creditors or to the public;
  (4) Has refused or neglected to pay a valid final judgment against such company within 30 days after such judgment shall have become final either by expiration without appeal within the time when such appeal might have been perfected, or by final affirmance on appeal;
  (5) Has violated any law of the District or has in the District violated its charter or exceeded its corporate powers;
  (6) Has refused to submit its books, papers, accounts, records, or affairs to the reasonable inspection or examination of the Commissioner, his Deputies, or duly appointed examiners;
  (7) Has an officer who has refused upon reasonable demand to be examined under oath touching its affairs;
  (8) Fails to file with the Commissioner a copy of an amendment to its charter or articles of association within 30 days after the effective date of such amendment;
  (9) Has had its corporate existence dissolved or its certificate of authority revoked in the state in which it was organized;
  (10) Has had all its risks reinsured in their entirety in another company, without prior approval of the Commissioner;
  (11) Has made, issued, circulated, or caused to be issued or circulated any estimate, illustration, circular, or statement of any sort misrepresenting either its status or the terms of any policy issued or to be issued by it, or the benefits or advantages promised thereby, or the dividends or shares of the surplus to be received thereon, or has used any name or title of any policy or class of policies misrepresenting the true nature thereof;
  (12) Has filed, caused to be filed, or failed to prevent the filing of, a statement on its behalf from an independent organization attesting to its qualifications to transact business in the District for which it sought and received a certificate of authority if it knew, or should have known, that the statement was based on false, misleading, or incomplete information; or
  (13) Has filed, caused to be filed, or failed to prevent the filing of a statement on its behalf from a corporate officer attesting to its qualifications to transact business in the District for which it sought and received a certificate of authority if it knew, or should have known, that the statement was based on false, misleading, or incomplete information.
(b) The Commissioner shall not revoke or suspend the certificate of authority of any company until he has given the company not less than 30 days notice of the proposed revocation or suspension and of the grounds alleged therefor, and has afforded the company an opportunity for a full hearing; provided, that if the Commissioner shall find upon examination that the further transaction of business by the company would be hazardous to the public or to the policyholders or creditors of the company in the District, he may suspend such authority without giving notice as herein required; provided further, that in lieu of revoking or suspending the certificate of authority of any company for causes enumerated in this section, after hearing as herein provided, the Commissioner may subject such company to a penalty of not more than $10,000 for any violation or not more than $25,000 for intentional violations, when in his judgment he finds that the public interest would be best served by the continued operation of the company. The amount of any such penalty shall be paid by the company through the Office of the Commissioner to the Collector of Taxes of the District of Columbia. At any hearing provided by this section, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely after having been administered such an oath shall be subject to the penalties of perjury.