D.C. Code § 31-3271 — DC Code / Title 31 / Chapter 32A / § 31-3271
§ 31-3271. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) (A) “Adverse decision” means a utilization review determination by a private review agent, a carrier, or a health care provider acting on behalf of a carrier that:
    (i) A proposed or delivered health care service covered under the member’s contract is or was not medically necessary, appropriate, or efficient;
    (ii) May result in noncoverage of the health care service; and
    (iii) Does not include a decision concerning a subscriber’s status as a member.
  (B) A determination denying a request for habilitative services or denying payment for habilitative services because a condition or disease is not a congenital or genetic birth defect is an adverse decision.
(2) “Congenital or genetic birth defect” means a defect existing at or from birth, including a hereditary defect. The term “congenital or genetic birth defect” includes:
  (A) Autism or an autism spectrum disorder; and
  (B) Cerebral palsy.
(3) “Habilitative services” means services, including occupational therapy, physical therapy, and speech therapy, for the treatment of a child with a congenital or genetic birth defect to enhance the child’s ability to function.
(4) (A) “Health benefit plan” means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by a multiple employer welfare arrangement, or plan provided by another benefit arrangement.
  (B) The term “health benefit plan” does not mean accident only, credit, or disability insurance; coverage of Medicare services or federal employee health plans, pursuant to contracts with the United States government; Medicare supplemental or long-term care insurance; dental only or vision only insurance; specified disease insurance; hospital confinement indemnity coverage; limited benefit health coverage; coverage issued as a supplement to liability insurance, insurance arising out of a workers’ compensation or similar law; automobile medical payment insurance; medical expense and loss of income benefits; or insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
(5) “Health insurer” means any person that provides one or more health benefit plans or insurance in the District of Columbia, including an insurer, a hospital and medical services corporation, a fraternal benefit society, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of health insurance subject to the authority of the Commissioner.
(6) “Managed care system” means a method that a health insurer uses to review and preauthorize a treatment plan that a health care practitioner develops for a covered person using a variety of cost containment methods to control utilization, quality, and claims.
D.C. Code § 31-1313 — DC Code / Title 31 / Chapter 13 / § 31-1313
§ 31-1313. Actions by and against the rehabilitator.
Status: in_force

(a) Any court in the District before which any action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for 90 days and any additional time necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take any action respecting the pending litigation deemed necessary in the interests of, justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside the District and shall petition the court having jurisdiction over that litigation for a stay whenever necessary to protect the estate of the insurer.
(b) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that 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 order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within 1 year or any other longer time as applicable law may permit, institute an action or proceeding on behalf 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.
(c) Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if the association is or may become liable to act as a result of the rehabilitation.
D.C. Code § 31-311.01 — DC Code / Title 31 / Chapter 3 / § 31-311.01
§ 31-311.01. Requirements for audit committees.
Status: in_force

(a) The audit committee shall be directly responsible for the appointment, compensation, and oversight of any accountant, including the resolution of disagreements between management and the accountant regarding annual financial reporting required by this chapter. Each accountant shall report directly to the audit committee.
(b) Each member of the audit committee shall be a member of the board of directors of the insurer or a member of the board of directors of an entity elected pursuant to subsection (e) of this section.
(b-1) The audit committee of an insurer or group of insurers shall be responsible for overseeing the insurer's internal audit function and granting the person or persons performing the function suitable authority and resources to fulfill their responsibilities if required by § 31-311.01a .
(c) To be considered independent for purposes of this section, a member of the audit committee shall not, except in his or her capacity as a member of the audit committee, the board of directors, or any other board committee, accept any consulting, advisory, or other compensatory fee from the entity, or be an affiliated person of the entity or any subsidiary thereof; provided, that if board participation by otherwise non-independent members is legally required, such members may participate on the audit committee and be designated as independent for audit committee purposes unless they are an officer or employee of the insurer or one of its affiliates.
(d) If a member of the audit committee ceases to be independent for reasons outside the member’s reasonable control, the member, upon notice to the Mayor, may remain an audit committee member until the earlier of the next annual meeting or one year from the occurrence of the event causing the member to be no longer independent.
(e) Prior to exercising the election of designating an audit committee pursuant to this chapter, the ultimate controlling person shall provide written notice to the Mayor. The written notice shall be made timely prior to the issuance of the statutory audit report and include a description of the basis for the election. An insurer may change its election by providing written notice to the Mayor with a description of the basis for the change. The election shall remain in effect until rescinded.
(f) (1) The audit committee shall require the accountant performing an audit pursuant to this chapter to report timely to the audit committee, in accordance with the requirements of SAS 61, Communication with Audit Committees, or its successor, the following:
    (A) All significant accounting policies and material permitted practices;
    (B) All material alternative treatments of financial information within statutory accounting principles that have been discussed with management of the insurer, the ramifications of the use of the alternative disclosures, and the treatment preferred by the accountant; and
    (C) Any other material written communication between the accountant and the management of the insurer, including any management letter or schedule of unadjusted differences.
  (2) If an insurer is a member of an insurance holding company system, the reports required by paragraph (1) of this subsection may be provided to the audit committee on an aggregate basis for the insurers in the holding company system; provided, that any substantial differences among insurers in the system are identified to the audit committee.
(g) The following criteria shall apply for determining the required proportion of independent audit committee members:
  (1) If, during the prior calendar year, direct written and assumed premiums do not exceed $300 million, there shall be no minimum requirement.
  (2) If, during the prior calendar year, direct written and assumed premiums exceed $300 million, but do not exceed $500 million, 50% or more of members shall be independent.
  (3) If, during the prior calendar year, direct written and assumed premiums exceed $500 million, 75% or more of its members shall be independent.
(h) An insurer with direct written and assumed premiums of less than $500 million, excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, may make application to the Mayor for an exemption from this section based on hardship. An insurer that has been granted an exemption pursuant to this section shall file such approval, together with its annual statement filing, with the states in which it holds a license or does business and the NAIC. If the nondomestic state accepts electronic filing with the NAIC, the insurer shall file the approval in an electronic format acceptable to the NAIC.
(i) Prior calendar year direct written and assumed premiums shall be the combined total of direct premiums and assumed premiums from non-affiliates for the reporting entities.
(j) This section shall not apply to:
  (1) Foreign or alien insurers licensed in the District; or
  (2) An insurer that is a SOX Compliant Entity or a direct or indirect wholly-owned subsidiary of a SOX Compliant Entity.
D.C. Code § 31-3753 — DC Code / Title 31 / Chapter 37 / § 31-3753
§ 31-3753. Standards for policy provisions and authority to promulgate regulations.
Status: repealed

Repealed.
D.C. Code § 31-2351.05 — DC Code / Title 31 / Chapter 23M / § 31-2351.05
§ 31-2351.05. Required disclosure – service contracts.
Status: in_force

(a) Service contracts marketed, sold, offered for sale, issued, or made or proposed to be made, or administered in the District shall be written, printed, or typed in eight-point type size, or larger and shall disclose the requirements set forth in this section, as applicable.
(b) (1) Service contracts insured under a reimbursement insurance policy pursuant to § 31-2351.03(e)(1) shall contain a statement that reads in substantially the following form:
  .
  (2) The service contract shall also state the name and address of the insurer.
(c) Service contracts not insured under a reimbursement insurance policy pursuant to § 31-2351.03(e)(1) shall contain a statement that reads in substantially the following form:
.
(d) Service contracts shall state the name and address of the provider and shall identify the administrator, if different from the provider, the service contract seller, and the service contract holder to the extent that the name of the service contract holder has been furnished by the service contract holder. The identities of these parties are not required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(e) Service contracts shall state the total purchase price and the terms under which the service contract is sold. The purchase price is not required to be pre-printed on the service contract and may be negotiated at the time of sale with the service contract holder.
(f) Service contracts shall state the existence of any deductible amount.
(g) Service contracts shall specify the merchandise and services to be provided and any limitations, exceptions, or exclusions.
(h) Service contracts covering motor vehicles shall state whether the use of non-original manufacturers' parts is allowed.
(i) Service contracts shall state any restrictions governing the transferability of the service contract.
(j) (1) Service contracts shall state the terms, restrictions, and conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or the service contract holder.
  (2) The provider of the service contract shall mail a written notice to the contract holder at the last known address of the service contract holder contained in the records of the provider at least 5 days before cancellation by the provider; except, that prior notice shall not be required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use.
  (3) (A) The notice required by this subsection shall state the effective date of the cancellation and the reason for the cancellation.
    (B) If a service contract is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the contract holder 100% of the unearned pro rata provider fee, less any claims paid.
    (C) A reasonable administrative fee may be charged by the provider not to exceed 10% of the gross provider fee paid by the service contract holder.
(k) Service contracts shall set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and any requirement to follow an owner's manual.
(l) Service contracts shall state whether or not the service contract provides for or excludes consequential damages or pre-existing conditions. Service contracts may, but shall not be required to, cover damage resulting from rust, corrosion, or damage caused by a non-covered part or system.
D.C. Code § 31-3302.05 — DC Code / Title 31 / Chapter 33 / § 31-3302.05
§ 31-3302.05. Renewability of individual health insurance coverage.
Status: in_force

(a) Except as provided in this section, a health insurer that provides individual health insurance coverage shall renew or continue in force such coverage at the option of the individual.
(b) A health insurer may nonrenew or discontinue health insurance coverage of an individual in the individual market based on one or more of the following:
  (1) The individual has failed to pay premiums or contributions in accordance with the terms of the health insurance coverage or the issuer has not received timely premium payments;
  (2) The individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of the coverage;
  (3) The insurer is ceasing to offer coverage in the individual market in accordance with this chapter;
  (4) In the case of a health insurer that offers health insurance coverage in the individual market through a network plan, the individual no longer resides, lives, or works in the service area, or in an area for which the health insurer is authorized to do business, but only if such coverage is terminated under this section uniformly without regard to any health status-related factor of covered individuals; or
  (5) In the case of health insurance coverage that is made available in the individual market only through one or more bona fide associations, the membership of the individual in the association (on the basis of which the coverage is provided) ceases, but only if such coverage is terminated under this section uniformly without regard to any health status-related factor of covered individuals.
(c) Requirements for uniform termination of coverage. — (1) Discontinuance of a particular type of health insurance coverage.
  Discontinuance of a particular type of health insurance coverage.
  In any case in which a health insurer decides to discontinue offering a particular type of health insurance coverage offered in the individual market, coverage of such type may be discontinued by the health insurer only if:
    (i) The health insurer provides notice to each covered individual provided coverage of this type in such market of such discontinuation at least 90 days prior to the date of the discontinuation of such coverage;
    (ii) The health insurer offers to each individual in the individual market provided coverage of this type the option to purchase any other individual health insurance coverage currently being marketed by the health insurer for individuals in such market; and
    (iii) In exercising the option to discontinue coverage of this type, and in offering the option of coverage under this subsection, the health insurer acts uniformly without regard to any health status-related factor of enrolled individuals or individuals who may become eligible for such coverage.
  (2) Discontinuance of all coverage.
  Discontinuance of all coverage.
    (A) Subject to paragraph (1)(iii) of this subsection, in any case in which a health insurer elects to discontinue offering all health insurance coverage in the individual market in the District of Columbia, health insurance coverage may be discontinued by the health insurer only if:
      (i) The health insurer provides notice to the Commissioner and to each individual of such discontinuation at least 180 days prior to the date of the expiration of such coverage, and
      (ii) All health insurance issued or delivered for issuance in the District of Columbia in such market is discontinued and coverage under such health insurance coverage in such market is not renewed.
    (B) In the case of discontinuation under paragraph (1) of this subsection in the individual market, the health insurer may not provide for the issuance of any health insurance coverage in the individual market in the District of Columbia during the 5-year period beginning on the date of the discontinuation of the last health insurance coverage not so renewed.
(d) At the time of coverage renewal, a health insurer may modify the health insurance coverage for a policy form offered to individuals in the individual market so long as such modification is consistent with the laws of the District of Columbia and effective on a uniform basis among all individuals with that policy form.
(e) In applying this section in the case of health insurance coverage that is made available by health insurers in the individual market to individuals only through one or more associations, a reference to an “individual” is deemed to include a reference to such an association of which the individual is a member.
D.C. Code § 31-1391 — DC Code / Title 31 / Chapter 13B / § 31-1391
§ 31-1391. Authority to enter into Interstate Insurance Product Regulation Compact.
Status: in_force

(a) In general. — The District of Columbia is authorized to enter into an interstate compact to establish a joint state commission as an instrumentality of the District of Columbia for the purpose of establishing uniform insurance product regulations among the participating States.
(b) Delegation. — Any insurance product regulation compact that the Council of the District of Columbia authorizes the Mayor to execute on behalf of the District may contain provisions that delegate the requisite power and authority to the joint State commission to achieve the purposes for which the interstate compact is established.
D.C. Code § 31-2351.09 — DC Code / Title 31 / Chapter 23M / § 31-2351.09
§ 31-2351.09. Obligation of reimbursement insurance policy insurers.
Status: in_force

(a) Insurers issuing reimbursement insurance to providers are deemed to have received the premiums for the insurance upon the payment of provider fees by consumers for service contracts issued by the insured providers.
(b) This chapter shall not prevent or limit the right of an insurer that issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the issuer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract.
D.C. Code § 31-5106 — DC Code / Title 31 / Chapter 51 / § 31-5106
§ 31-5106. Required policies or certificates; contents; delivery; applications and notices.
Status: in_force

(a) All credit life insurance and credit accident and health insurance shall be evidenced by an individual policy or in the case of group insurance by a group policy and individual certificates of insurance.
(b) Each individual policy or certificate of credit life insurance, each individual policy or certificate of credit accident and health insurance, and each individual policy or certificate of credit life insurance and credit accident and health insurance shall, in addition to other requirements of law, set forth the name and home office address of the insurance company, and the identity by name or otherwise of the person insured, the rate or amount of payment, if any, by the debtor separately in connection with credit life insurance and credit accident and health insurance, a description of the coverage, including the amount and term thereof (which in the case of group insurance may be by description rather than stated amount and term), any exceptions, limitations, or restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, whenever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate.
(c) Except as hereinafter provided, an individual policy or certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred.
(d) If a debtor makes a separate payment for credit life or credit accident and health insurance and an individual policy or certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy or a notice of proposed insurance shall be delivered at such time to the debtor by the creditor. The copy of the application for or notice of proposed insurance shall be signed by the debtor and shall set forth the identity by name or otherwise of the person insured; the rate or amount of payment by the debtor separately for credit life insurance and credit accident and health insurance; and a statement that within 30 days, if the insurance is accepted by the insurance company, there will be delivered to the debtor an individual policy or certificate of insurance containing the name and home office address of the insurance company, and a description of the amount, term, and coverage including any exceptions, limitations, and restrictions. The copy of the application for, or notice of, proposed insurance shall refer exclusively to insurance coverage, and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this subsection is prominently set forth in such statement of account, instrument, or agreement. If a debtor does not make a separate payment for credit life or credit accident and health insurance, an application need not be taken or a notice of proposed insurance given. In any case, upon acceptance of the insurance by the insurance company, and within 30 days of the date upon which the term of the insurance commences, the insurance company shall cause the individual policy or certificate of insurance to be delivered to the debtor. Said application or notice of proposed insurance shall state that, upon acceptance by the insurance company, the insurance shall become effective as provided in § 31-5105 .
D.C. Code § 31-1131.05a — DC Code / Title 31 / Chapter 11A / § 31-1131.05a
§ 31-1131.05a. Pre-licensing education.
Status: in_force

(a) The Commissioner may require, by rule, that an individual, other than an applicant for a title insurance producer license, complete a pre-licensing course of study before:
  (1) Taking the examination required by § 31-1131.05 ; or
  (2) Applying for an insurance producer license.
(b) An insurer that sells, solicits, or negotiates a limited line of insurance in the District shall provide to each individual whose duties will include selling, soliciting, or negotiating the insurer’s limited line of insurance in the District a program of instruction that is approved by the Commissioner. The insurer shall provide the program of instruction to the individual prior to the individual’s application for licensure as a limited lines insurance producer.
D.C. Code § 31-706 — DC Code / Title 31 / Chapter 7 / § 31-706
§ 31-706. Standards and management of an insurer within a holding company system.
Status: in_force

(a) (1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards:
    (A) The terms shall be fair and reasonable;
    (A-i) Agreements for cost sharing services and management shall include such provisions as required by rules and regulations issued by the Mayor;
    (B) Charges or fees for services performed shall be reasonable;
    (C) Expenses incurred and payment received shall be allocated to the insurer in conformity with customary insurance accounting practices consistently applied;
    (D) The books, accounts, and records of each party to all the transactions shall be so maintained as to clearly and accurately disclose the nature and details of the transactions, including any accounting information necessary to support the reasonableness of the charges or fees to the respective parties; and
    (E) The insurer’s surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs.
  (2) The following transactions involving a domestic insurer and any person in its holding company system, including amendments or modifications of affiliate agreements previously filed pursuant to this section, which are subject to any materiality standards contained in subparagraphs (A) through (E) of this paragraph, may not be entered into unless the insurer has notified the Mayor in writing of its intention to enter into such a transaction at least 30 days before execution of the transaction, or any shorter period as the Mayor may permit, and the Mayor has not disapproved it within such a period. The notice for amendments or modifications shall include the reasons for the change and the financial impact on the domestic insurer. Informal notice shall be reported to the Mayor within 30 days after termination of a previously filed agreement for determination of the type of filing required, if any:
    (A) Sales, purchases, exchanges, loans, or extensions of credit, guarantees, or investments provided the transactions are equal to or exceed:
      (i) With respect to nonlife insurers, the lesser of 3% of the insurer’s admitted assets or 25% of surplus as regards policyholders as of December 31st next preceding; or
      (ii) With respect to life insurers, 3% of the insurer’s admitted assets as of December 31st next preceding;
    (B) Loans or extensions of credit to any person who is not an affiliate, where the insurer makes the loans or extensions of credit with the agreement or understanding that the proceeds of the transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in, any affiliate of the insurer making the loans or extensions of credit, provided the transactions are equal to or exceed:
      (i) With respect to nonlife insurers, the lesser of 3% of the insurer’s admitted assets or 25% of surplus as regards policyholders as of December 31st next preceding; or
      (ii) With respect to life insurers, 3% of the insurer’s admitted assets as of December 31st next preceding;
    (C) Reinsurance agreements or modifications, including:
      (i) All reinsurance pooling agreements; and
      (ii) Agreements in which the reinsurance premium or a change in the insurer’s liabilities, or the projected reinsurance premium or a change in the insurer’s liabilities in any of the next 3 years, equals or exceeds 5% of the insurer’s surplus as regards policyholders, as of the 31st day of December next preceding, including those agreements that may require as consideration the transfer of assets from an insurer to a non-affiliate, if an agreement or understanding exists between the insurer and non-affiliate that any portion of the assets will be transferred to one or more affiliates of the insurer;
    (D) All management agreements, service contracts, tax allocation agreements, guarantees, and all cost-sharing arrangements; and
    (E) Any material transactions, specified by regulation, which the Mayor determines may adversely affect the interests of the insurer’s policyholders.
  (3) Nothing contained in paragraph (2) of this subsection shall be deemed to authorize or permit any transactions which, in the case of an insurer not a member of the same holding company system, would be otherwise contrary to law.
  (4) A domestic insurer may not enter into transactions which are part of a plan or series of like transactions with persons within the holding company system if the purpose of those separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise. If the Mayor determines that any separate transactions were entered into over any 12-month period for that purpose, the Mayor may exercise authority provided under § 31-710 .
  (5) The Mayor, in reviewing transactions pursuant to subsection (a)(2) of this section, shall consider whether the transactions comply with the standards set forth in subsection (a)(1) of this section and whether they may adversely affect the interests of policyholders.
  (6) The Mayor shall be notified within 30 days of any investment of the domestic insurer in any one corporation if the total investment in such corporation by the insurance holding company system exceeds 10% of such corporation’s voting securities.
(b) (1) No domestic insurer shall pay any extraordinary dividend or make any other extraordinary distribution to its shareholders until:
    (A) Thirty days after the Mayor has received notice of the declaration and has not within this period disapproved the payment; or
    (B) The Mayor shall have approved the payment within the 30-day period.
  (2) For purposes of this section, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding 12 months exceeds the lesser of 10% of the insurer’s surplus as regards policyholders as of the 31st day of December next preceding, or the net gain from operations of the insurer, if the insurer is a life insurer, or the net income, if the insurer is not a life insurer, not including realized capital gains, for the 12-month period ending the 31st day of December next preceding, but shall not include pro rata distributions of any class of the insurer’s own securities. In determining whether a dividend or distribution is extraordinary, an insurer other than a life insurer may carry forward net income from the previous 2 calendar years that has not already been paid out as dividends. This carry-forward shall be computed by taking the net income from the second and third preceding calendar years, not including realized capital gains, less dividends paid in the second and immediate preceding calendar years.
  (3) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Mayor’s approval, and such a declaration shall confer no rights upon shareholders until the Mayor has approved the payment of such a dividend or distribution, or the Mayor has not disapproved the payment within the 30-day period referred to above.
(c) (1) Notwithstanding the control of a domestic insurer by any person, the officers and directors of the insurer shall not thereby be relieved of any obligation or liability to which they would otherwise be subject by law, and the insurer shall be managed so as to assure its separate operating identity consistent with this subchapter.
  (2) Nothing herein shall preclude a domestic insurer from having or sharing a common management or cooperative or joint use of personnel, property, or services with 1 or more other persons under arrangements meeting the standards of subsection (a)(1) of this section.
  (3) Not less than 1/3 of the directors of a domestic insurer and not less than 1/3 of the members of each committee of the board of directors of any domestic insurer shall be persons who are not officers or employees of the insurer or of any entity controlling, controlled by, or under common control with the insurer and who are not beneficial owners of a controlling interest in the voting stock of the insurer or such an entity. At least 1 such person must be included in any quorum for the transaction of business at any meeting of the board of directors or any committee.
  (4) The board of directors of a domestic insurer shall establish 1 or more committees comprised solely of directors who are not officers or employees of the insurer or of any entity controlling, controlled by, or under common control with the insurer, and who are not beneficial owners of a controlling interest in the voting stock of the insurer or any such entity. The committee or committees shall have responsibilities of nominating candidates for director for election by shareholders or policyholders, evaluating the performance of officers deemed to be principal officers of the insurer, and recommending to the board of directors the selection and compensation of the principal officers.
  (5) The provisions of paragraphs (3) and (4) of this subsection shall not apply to a domestic insurer if the person controlling the insurer is an insurer, a mutual insurance holding company, or a publicly held corporation that has a board of directors and committees that meet the requirements of paragraphs (3) and (4) of this subsection.
  (6) An insurer may make application to the Mayor for a waiver from the requirements of this subsection, if the insurer’s annual direct written and assumed premium, excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, is less than $300 million. An insurer may also make application to the Commissioner for a waiver from the requirements of this subsection based upon unique circumstances. The Mayor may consider various factors, including the type of business entity, volume of business written, availability of qualified board members, and the ownership or organizational structure of the entity.
(d) For purposes of this subchapter, in determining whether an insurer’s surplus as regards policyholders is reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered:
  (1) The size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria;
  (2) The extent to which the insurer’s business is diversified among the several lines of insurance;
  (3) The number and size of risks insured in each line of business;
  (4) The extent of the geographical dispersion of the insurer’s insured risks;
  (5) The nature and extent of the insurer’s reinsurance program;
  (6) The quality, diversification, and liquidity of the insurer’s investment portfolio;
  (7) The recent past and projected future trend in the size of the insurer’s investment portfolio;
  (8) The surplus as regards policyholders maintained by other comparable insurers;
  (9) The adequacy of the insurer’s reserves; and
  (10) The quality and liquidity of investments in affiliates. The Mayor may treat such an investment as a disallowed asset for purposes of determining the adequacy of surplus as regards policyholders whenever in his or her judgment such an investment so warrants.
D.C. Code § 31-3610 — DC Code / Title 31 / Chapter 36 / § 31-3610
§ 31-3610. Nonforfeiture benefits.
Status: in_force

(a) Except as provided in subsection (b) of this section, a long-term care insurance policy may not be delivered or issued for delivery in the District of Columbia unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.
(b) When a group long-term care insurance policy is issued, the offer required in subsection (a) of this section shall be made to the group policyholder. If, however, the policy is issued as a group long-term care insurance as described in § 31-3601(4)(D) , other than a continuing care retirement community or other similar entity, the offering shall be made to each proposed certificate holder.
(c) The Commissioner shall promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding a contingent benefit upon lapse, including a determination of the specified period of time during a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection (a) of this section.
D.C. Code § 31-3429 — DC Code / Title 31 / Chapter 34 / § 31-3429
§ 31-3429. Point of service plan.
Status: in_force

(a) If an employer, association, or other private group arrangement offers health benefit plan coverage to employees or individuals only through a health maintenance organization, the health maintenance organization with which the employer, association, or other private group arrangement is contracting for the coverage shall offer, or contract with another carrier to offer, a point-of-service option to the employer, association, or other private group arrangement in conjunction with the health maintenance organization as an additional benefit for an employee or individual, at the employee’s or individual’s option to accept or reject.
(b) An employer, association, or other private group arrangement may require an employee or individual that accepts the additional coverage under a point-of-service option under subsection (a) of this section to pay a premium over the amount of the premium for the coverage offered by the health maintenance organization.
(c) A health maintenance organization may impose different cost sharing provisions for the point-of-service option based on whether the service is provided through the provider panel of the health maintenance organization or outside the providers panel of the health maintenance organization.
(d) The requirements of this section shall not apply to any subscriber contract current and in force on April 9, 1997 for the duration of that contract, but these requirements shall apply to any renewal or new subscriber contract issued subsequent to April 9, 1997.
(e) The requirements of this section shall not apply to any subscriber contract issued in the individual market to a person who is not part of a contracted group of subscribers.
D.C. Code § 31-4434 — DC Code / Title 31 / Chapter 44 / § 31-4434
§ 31-4434. Power of mutual company to borrow or assume liability.
Status: in_force

(a) (1) In addition to the general power and authority to borrow money for its regular business purposes, if a domestic insurance company obtains prior written approval for a stated maximum amount, it may borrow money by the issuance of notes to:
    (A) Pay the reasonable expenses of its organization;
    (B) Provide contingency loss funds;
    (C) Provide additional surplus funds;
    (D) Satisfy a deficiency; or
    (E) Provide the amount of required minimum surplus.
  (2) The notes issued for the purposes stated in paragraph (1) of this subsection shall be known as surplus notes and shall fully recite the purpose for which the money was borrowed. The amount of the outstanding principal and unpaid interest of the surplus notes shall be stated in each annual report.
(b) The principal indebtedness of surplus notes issued on or after October 21, 2000, shall not be a liability or claim against any of the assets of the company. The principal of, and interest on, the notes may be paid from time to time, either in full or in part, from available surplus funds of the company only if the amount of the surplus of the company is twice the amount of principal and interest being paid. The company may make such payments whenever it is able to do so if it receives the prior written approval of the Commissioner. The Commissioner shall use the standards set forth in subchapter I of Chapter 7 of this title , relating to adequacy of surplus in determining whether or not to approve the payments. Upon a dissolution of the company, the principal and accrued and unpaid interest of the surplus notes shall be payable from surplus.
D.C. Code § 31-912 — DC Code / Title 31 / Chapter 9 / § 31-912
§ 31-912. Conflict of interest.
Status: in_force

No director, officer, agent, or employee of the mutual company, or any other person, shall receive any fee, commission, or other valuable consideration, other than his or her usual regular salary and compensation, for in any manner aiding, promoting, or assisting in the conversion except as set forth in the plan approved by the Commissioner. This provision does not prohibit the payment of reasonable fees and compensation to attorneys, accountants, and actuaries for services performed in the independent practice of their professions, even if the attorney, accountant, or actuary is also a director of the mutual company.
D.C. Code § 31-2361.10 — DC Code / Title 31 / Chapter 23R / § 31-2361.10
§ 31-2361.10. Prohibited conduct.
Status: in_force

(a) A violation of this section may constitute grounds for discipline against an appraisal management company registered in the District.  However, nothing in this chapter shall prevent an appraisal management company from requesting that an appraiser provide additional information about the basis for a valuation, correct objective factual errors in an appraisal report, or consider additional appropriate property information.  No employee, director, officer, agent, independent contractor, or other third party acting on behalf of an appraisal management company may do any of the following:
  (1) Procure or attempt to procure a registration or renewal by knowingly making a false statement, submitting false information, or refusing to provide complete information in response to a question in an application for registration or renewal;
  (2) Willfully violate this chapter or rules of the Department pertaining to this chapter ;
  (3) Improperly influence or attempt to improperly influence the development, reporting, result, or review of an appraisal through intimidation, coercion, extortion, bribery, or any other manner, including:
    (A) Withholding payment for appraisal services;
    (B) Threatening to exclude an appraiser from future work or threatening to demote or terminate the appraiser in order to improperly obtain a desired result;
    (C) Conditioning payment of an appraisal fee upon the opinion, conclusion, or valuation to be reached by the appraiser; or
    (D) Requesting that an appraiser report a predetermined opinion, conclusion, or valuation, or the desired valuation of any person or entity;
  (4) Alter, amend, or change an appraisal report submitted by an appraiser without the appraiser's knowledge and written consent;
  (5) Except within the first 90 days after an independent appraiser is added to an appraiser panel, remove an independent appraiser from an appraiser panel without prior written notice to the appraiser, with the prior written notice including evidence of the following, if applicable:
    (A) The appraiser's illegal conduct;
    (B) A violation of USPAP, this chapter , or the rules adopted by the Department pursuant to this chapter ;
    (C) Improper or unprofessional conduct; or
    (D) Substandard performance or other substantive deficiencies;
  (6) Require an appraiser to sign any indemnification agreement that would require the appraiser to defend and hold harmless the appraisal management company or any of its agents or employees for any liability, damage, loss, or claim arising out of the services performed by the appraisal management company or its agents, employees, or independent contractors and not the services performed by the appraiser;
  (7) Prohibit lawful communications between the appraiser and any other person whom the appraiser, in the appraiser's professional judgment, believes possesses information that would be relevant;
  (8) Fail to timely respond to any subpoena or any other request for information;
  (9) Fail to timely obey an administrative order of the Department; or
  (10) Fail to fully cooperate in any investigation.
D.C. Code § 31-4121.03 — DC Code / Title 31 / Chapter 41A / § 31-4121.03
§ 31-4121.03. ORSA requirement.
Status: in_force

Except as provided in § 31-4121.05 , an insurer, or the insurance group of which the insurer is a member, shall conduct an ORSA using a process comparable to the applicable process contained in the ORSA Guidance Manual annually and any time there is significant change to the risk profile of the insurer or the insurance group of which the insurer is a member.
D.C. Code § 31-3012 — DC Code / Title 31 / Chapter 30A / § 31-3012
§ 31-3012. Rules.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], shall issue rules to implement the provisions of this chapter.
D.C. Code § 31-3514.01 — DC Code / Title 31 / Chapter 35 / § 31-3514.01
§ 31-3514.01. Tax and related payments.
Status: in_force

A corporation shall be subject to § 47-2608 .
D.C. Code § 31-1206 — DC Code / Title 31 / Chapter 12 / § 31-1206
§ 31-1206. Insurers and health maintenance organizations continuing obligations.
Status: in_force

Any insurer or health maintenance organization whose license has been revoked, cancelled, terminated, or surrendered shall continue to be bound by the obligations of this chapter including payment of all assessments, regardless of whether the insurer or health maintenance organization continues to do business in the District of Columbia.
D.C. Code § 31-5504 — DC Code / Title 31 / Chapter 55 / § 31-5504
§ 31-5504. Board of directors.
Status: in_force

(a) The board of directors of the Association shall consist of not fewer than 5 nor more than 9 persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the Mayor. Vacancies on the board shall be filled for the remainder of the term by a majority vote of the remaining board members subject to the approval of the Mayor. If no members are selected within 60 days after October 21, 1993, the Mayor may appoint the initial members of the board of directors.
(b) In approving selections to the board of directors, the Mayor shall consider, among other things, whether all member insurers are fairly represented.
(c) Members of the board of directors may be reimbursed from the assets of the Association for expenses incurred by them as members of the board of directors.
D.C. Code § 31-1336 — DC Code / Title 31 / Chapter 13 / § 31-1336
§ 31-1336. Special provisions for third party claims.
Status: in_force

(a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator.
(b) Whether or not the third party files a claim, the insured may file a claim on his or her own behalf in the liquidation. If the insured fails to file a claim by the date for filing claims specified in the order of liquidation or within 60 days after mailing of the notice required by § 31-1320 , whichever is later, he or she is an unexcused late filer.
(c) The liquidator shall make his or her recommendations to the court under § 31-1340 for the allowance of an insured’s claim under subsection (b) of this section after consideration of the probable outcome of any pending action against the insured on which the claim is based, the probable damages recoverable in the action, and the probable costs and expenses of defense. After allowance by the court, the liquidator shall withhold any dividends payable on the claim pending the outcome of litigation and negotiation with the insured. Whenever it seems appropriate, he or she shall reconsider the claim on the basis of additional information and amend his or her recommendations to the court. The insured shall be afforded the same notice and opportunity to be heard on all changes in the recommendation as in its initial determination. The court may amend its allowance as it thinks appropriate. As claims against the insured are settled or barred, the insured shall be paid from the amount withheld the same percentage dividend as was paid on other claims of like property, based on the lesser of the amount actually recovered from the insured by action, or paid by agreement, plus the reasonable costs and expense of defense, or the amount allowed on the claims by the court. After all claims are settled or barred, any sum remaining from the amount withheld shall revert to the undistributed assets of the insurer. Delay in final payment under this subsection shall not be a reason for unreasonable delay of final distribution and discharge of the liquidator.
(d) If several claims founded upon one policy are filed, whether by third parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in subsection (c) of this section. If any insured’s claim is subsequently reduced under subsection (c) of this section, the amount thus freed shall be apportioned ratably among the claims which have been reduced under this subsection.
(e) No claim may be presented under this section if it is, or may be, covered by any guaranty association or foreign guaranty association.
D.C. Code § 31-5236 — DC Code / Title 31 / Chapter 52A / § 31-5236
§ 31-5236. One hundred percent investment requirement.
Status: in_force

(a) A Certified Capital Company may make Qualified Distributions at any time. To make a distribution, other than a Qualified Distribution, a Certified Capital Company shall have made Qualified Investments in an amount cumulatively equal to 100% of its Certified Capital. A Certified Capital Company may repay principal and interest on its indebtedness without any restriction, including repayments of indebtedness of the Certified Capital Company on which Certified Investors earned Premium Tax Credits.
(a-1) Notwithstanding any other provision in this chapter, if, pursuant to § 31-5235(a)(4) , a Certified Capital Company has not made Qualified Investments cumulatively equal to 100% of its Certified Capital within 10 years after its Allocation Date, the Certified Capital Company shall be prohibited from using its Certified Capital to pay its management fees.
(b) (1) When distributions to holders of equity interests of a Certified Capital Company cumulatively exceed the Certified Capital Company’s original Certified Capital plus any additional capital contributions to the Certified Capital Company (the “Certified Capital Company Capital”), the Certified Capital Company shall report to the Commissioner at the time of the distribution whether the aggregate total of such distributions, when combined with the annual Premium Tax Credits allocated to the Certified Capital Company’s Certified Investors under this chapter to that time, have resulted in an annual internal rate of return exceeding 15% on the Certified Capital Company Capital.
  (2) If the Certified Capital Company’s annual internal rate of return, determined in accordance with paragraph (1) of this subsection, exceeds 15%, the Certified Capital Company shall at the time of the distribution pay to the Commissioner an amount equal to 15% of the amount above that required to produce the 15% return.
D.C. Code § 31-4442 — DC Code / Title 31 / Chapter 44 / § 31-4442
§ 31-4442. Variable or modified guaranteed contracts.
Status: in_force

(a) Every domestic life insurance company which issues contracts providing for payments which vary directly according to investment experience shall establish 1 or more separate accounts in connection with such contracts, as directed by the Commissioner. All amounts received by the company which are required by contract to be applied to provide such variable payments shall be added to the appropriate separate account, and the assets of any such separate account shall not be chargeable with liabilities arising out of any other business the company may conduct. Any surplus or deficit which may arise in any such separate account by virtue of mortality experience shall be adjusted by withdrawals from or additions to such account so that the assets of such account shall always equal the assets required to satisfy the company’s obligations for such variable payments.
(a-1) Every domestic life insurance company that issues modified guaranteed contracts may establish 1 or more separate accounts in connection with these types of contracts. All amounts received by the company to provide benefits under contracts for which separate accounts have been established shall be added to the appropriate separate account. Amounts allocated by the company to separate accounts for modified guaranteed contracts shall be owned by the company, the assets therein shall be the property of the company, and no company by reason of such account shall be or hold itself out to be a trustee. The assets of any such separate account shall not be chargeable with liabilities arising out of any other business the company may conduct. For the purposes of this section, the term:
  (1) “Modified guaranteed annuity” means any group or individual contract for an annuity in which the benefits are guaranteed if held for specified periods and nonforfeiture values are based upon a market-value adjustment formula if held for shorter periods. The formula may or may not reflect the investment experience of any separate account. The assets underlying the annuity contract must be maintained by the insurance company in a separate account during the period, or periods, when the annuity becomes payable.
  (2) “Modified guaranteed contracts” means a modified guaranteed annuity or modified guaranteed life insurance policy or contract.
  (3) “Modified guaranteed life insurance” means any group or individual policy of life insurance, the underlying assets of which are held in a separate account, in which the benefits are guaranteed if held for specified periods and nonforfeiture values are based upon a market-value adjustment formula if held for shorter periods. The formula may or may not reflect the investment experience of any separate account. The assets underlying the policy must be maintained by the insurance company in a separate account during the period, or periods, when the policyholder can surrender the policy.
(b) A foreign or alien life insurance company authorized to do business in the District may be authorized to issue or deliver contracts in the District providing for payments which vary directly according to investment experience only if authorized to issue such contracts under the laws of its domicile.
(c) No domestic life insurance company shall be authorized to issue such variable contracts or modified guaranteed contracts, and no foreign or alien life insurance company shall be authorized to issue or deliver such contracts in the District, until such company has satisfied the Commissioner that its condition and methods of operation in connection with the issuance of such variable contracts or modified guaranteed contracts will not be such as to render its operation hazardous to the public or to its policyholders in the District. In determining the qualification of a company to issue or deliver such variable contracts or modified guaranteed contracts in the District, the Commissioner shall consider, among other things, the history and financial condition of the company; the character, responsibility, and general fitness of the officers and directors of the company; and, in the case of a foreign or alien company, whether the regulation provided by the laws of its domicile provides a degree of protection to policyholders and the public substantially equal to that provided by this section and the rules and regulations issued by the Commissioner pursuant thereto.
(d) Every life insurance company which issues or delivers such variable contracts or modified guaranteed contracts in the District shall file with the Commissioner, in addition to the annual statement required by § 31-4307 [repealed], such other periodic or special reports as the Commissioner may prescribe.
(e) The provisions of this section shall not apply to any contracts which do not provide for payments which vary directly according to investment experience other than modified guaranteed contracts and shall not apply to contracts issued pursuant to subsection (l) of this section.
(f) The Commissioner shall have the authority to issue such reasonable rules and regulations as may be necessary to carry out the purposes of this section.
(g) Repealed.
(h) Unless otherwise approved by the Commissioner, separate accounts relating to modified guaranteed contracts will be subject to investment laws applicable to a life insurance company’s general asset account.
(i) Any modified guaranteed contract delivered or issued for delivery in the District, and any certificate evidencing nonforfeiture benefits that vary according to market-value adjustment formula issued pursuant to any life insurance or annuity contract issued on a group basis shall contain, on its first page, a prominent statement that the nonforfeiture value may increase or decrease, based on the market-value adjustment formula in the contract, and, for modified guaranteed life insurance only, be accompanied by a written disclosure to the purchaser of the policy’s interest adjusted net cost index in compliance with regulations or forms approved by the Commissioner.
(j) To the extent necessary to comply with the Investment Company Act of 1940, (15 U.S.C. § 80a-1 et seq.) as now or later amended, or any rules issued thereunder, the insurance company may adopt special procedures for the conduct of the business and affairs of the modified guaranteed contract separate accounts, and may, for persons having beneficial interests therein, provide special voting and other rights, including special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee, the members of which need not be otherwise affiliated with the corporation, to manage the business and affairs of the account.
(k) Reasonable actuarial expenses incurred in connection with approval of a modified guaranteed contract shall be paid by the person seeking approval of such a contract.
(l) (1) Every domestic life insurance company which issues modified guaranteed contracts in connection with a pension, retirement, or profit sharing plan may, after adoption of a resolution by its board of directors and delivery of certification of that adoption to the Commissioner, establish 1 or more separate accounts in connection with these types of contracts. The contracts may provide for payments and nonforfeiture values which vary according to investment experience of the accounts, for guaranteed payments and nonforfeiture values, for payments and nonforfeiture values that are subject to a market value adjustment formula, or for any other type of payments or incidental benefits. Any income and any realized or unrealized gain or loss on each separate account established pursuant to this paragraph shall be credited to or charged against that separate account in accordance with the terms of the contract without regard to the other income, gains, or losses of the company. Amounts allocated to the separate account shall be owned by the company, the assets therein shall be the property of the company, and no company by reason of such account shall be or hold itself out to be trustee. Unless the contract provides otherwise, the assets of any such separate account shall not be chargeable with liabilities arising out of any other business the company may conduct.
  (2) Repealed.
D.C. Code § 31-702 — DC Code / Title 31 / Chapter 7 / § 31-702
§ 31-702. Subsidiaries of insurers.
Status: in_force

(a) Any domestic insurer, either by itself or in cooperation with 1 or more persons, may organize or acquire 1 or more subsidiaries. The subsidiaries may conduct any kind of business and their authority to do so shall not be limited by reason of the fact that they are subsidiaries of a domestic insurer.
(b) In addition to investments in common stock, preferred stock, debt obligations, and other securities permitted under the insurance laws of the District, a domestic insurer may also:
  (1) Invest, in common stock, preferred stock, debt obligations, and other securities of 1 or more subsidiaries, amounts which do not exceed the lesser of 10% of the insurer’s assets or 50% of the insurer’s surplus as regards policyholders; provided that after these investments, the insurer’s surplus as regards policyholders will be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs. In calculating the amount of these investments, investments in domestic or foreign insurance subsidiaries shall be excluded, and there shall be included:
    (A) Total net monies or other consideration expended and obligations assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of the subsidiary whether or not represented by the purchase of capital stock or issuance of other securities; and
    (B) All amounts expended in acquiring additional common stock, preferred stock, debt obligations, and other securities and all contributions to the capital or surplus, of a subsidiary subsequent to its acquisition or formation;
  (2) Invest any amount in common stock, preferred stock, debt obligations, and other securities of 1 or more subsidiaries engaged or organized to engage exclusively in the ownership and management of assets authorized as investments for the insurer, provided, that each subsidiary agrees to limit its investments in any asset so that the investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in or in paragraph (1) of this subsection or in § 31-2502.18 [repealed], or in §§ 31-4435 [repealed] and 31-4442 , applicable to the insurer. For the purposes of this paragraph, the term “the total investment of the insurer” shall include:
    (A) Any direct investment by the insurer in an asset; and
    (B) The insurer’s proportionate share of any investment in an asset by any subsidiary of the insurer, which shall be calculated by multiplying the amount of the subsidiary’s investment by the percentage of the ownership of such a subsidiary; or
  (3) With the approval of the Mayor, invest any greater amount in common stock, preferred stock, debt obligations, or other securities of 1 or more subsidiaries; provided, that after the investment the insurer’s surplus as regards policyholders will be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs.
(c) Investments in common stock, preferred stock, debt obligations, or other securities of subsidiaries made pursuant to subsection (b) of this section shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in the insurance laws of the District applicable to the investments of insurers.
(d) Whether any investment pursuant to subsection (b) of this section meets the applicable requirements is to be determined before the investment is made by calculating the applicable investment limitations as though the investment had already been made, taking into account the then outstanding principal balance on all previous investments in debt obligations, and the value of all previous investments in equity securities as of the day they were made, net of any return of capital invested, not including dividends.
(e) If an insurer ceases to control a subsidiary, it shall dispose of any investment therein made pursuant to this section within 3 years from the time of the cessation of control or within any further time the Mayor may prescribe, unless at any time after the investment shall have been made, the investment shall have met the requirements for investment under any other section of the insurance laws of the District, and the insurer has notified the Mayor.
D.C. Code § 31-3918 — DC Code / Title 31 / Chapter 39 / § 31-3918
§ 31-3918. Laws applicable.
Status: repealed

Repealed.
D.C. Code § 31-106.02a — DC Code / Title 31 / Chapter 1 / § 31-106.02a
§ 31-106.02a. Prohibited conduct – student loan servicers.
Status: in_force

(a) No student loan servicer shall:
  (1) Directly or indirectly employ any scheme, device, or artifice to defraud a student loan borrower;
  (2) Directly or indirectly employ any scheme, device, or artifice to mislead a student loan borrower;
  (3) Engage in any unfair or deceptive practice toward any person or misrepresent or omit any material information in connection with the servicing of a student education loan, including an abusive act and practice;
  (4) Obtain property by fraud;
  (5) Obtain property by misrepresentation;
  (6) Misapply student education loan payments to the outstanding balance of a student education loan;
  (7) Provide inaccurate information to a credit bureau, harming a student loan borrower's creditworthiness;
  (8) Fail to report both the favorable and unfavorable payment history of the student loan borrower to a nationally recognized consumer credit bureau at least annually if the student loan servicer regularly reports information to a credit bureau;
  (9) Refuse to communicate with an authorized representative of the student loan borrower who provides a written authorization signed by the student loan borrower; except, that the student loan servicer may adopt procedures reasonably related to verifying that the representative is authorized to act on behalf of the student loan borrower;
  (10) Make a false statement or make an omission of a material fact in connection with any information or report filed with a governmental agency or in connection with any investigation conducted by the Commissioner or another governmental agency;
  (11) Fail to respond within 15 business days to a communication from the Department, or the Office of the Attorney General, or within such shorter reasonable period of time as may be requested by the Department or the Attorney General; or
  (12) (A) Fail to respond within 15 business days to a consumer complaint submitted to the student loan servicer by the Department or the Office of the Attorney General.
    (B) A student loan servicer may request additional time to respond to the complaint, up to a maximum of 45 business days, provided that the request is accompanied by an explanation as to why additional time is reasonable and necessary.
D.C. Code § 31-3451.01 — DC Code / Title 31 / Chapter 34A / § 31-3451.01
§ 31-3451.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Adjusted RBC report” means an RBC report which has been adjusted by the Commissioner in accordance with § 31-3451.02(c) .
(2) “Authorized Control Level Event” means any of the following events:
  (A) The filing of an RBC report by the health organization that indicates that the health organization’s total adjusted capital is at least equal to its Mandatory Control Level RBC, but less than its Authorized Control Level RBC;
  (B) The notification by the Commissioner to the health organization of an adjusted RBC report described in subparagraph (A) of this paragraph; provided, that the health organization does not challenge the adjusted RBC report under § 31-3451.07 ;
  (C) If, under § 31-3451.07 , the health organization challenges an adjusted RBC report described in subparagraph (A) of this paragraph, notification by the Commissioner to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge;
  (D) The failure of the health organization to respond, in a manner satisfactory to the Commissioner, to a corrective order; provided, that the health organization has not challenged the corrective order under § 31-3451.07 ; or
  (E) If the health organization has challenged a corrective order under § 31-3451.07 and the Commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the health organization to respond, in a manner satisfactory to the Commissioner, to the corrective order subsequent to rejection or modification by the Commissioner.
(3) “Authorized Control Level RBC” means the amount of capital required under the risk-based capital formula in accordance with the RBC Instructions.
(4) “Commissioner” means Commissioner of the Department of Insurance and Securities Regulation.
(5) “Company Action Level Event” means any of the following events:
  (A) (i) The filing of an RBC report by a health organization that indicates that the health organization's total adjusted capital is greater than or equal to its Regulatory Action Level RBC but less than its Company Action Level RBC; or
    (ii) A health organization has a total adjusted capital that is greater than or equal to its Company Action Level RBC but less than the product of its Authorized Control Level RBC and 3.0, and triggers the trend test determined in accordance with the trend test calculation included in the RBC instructions;
  (B) Notification by the Commissioner to the health organization of an adjusted RBC report described in subparagraph (A) of this paragraph; provided, that the health organization does not challenge the adjusted RBC report under § 31-3451.07 ; or
  (C) If, under § 31-3451.07 , a health organization challenges an adjusted RBC report described in subparagraph (A) of this paragraph, the notification by the Commissioner to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge.
(6) “Company Action Level RBC” means the Authorized Control Level RBC multiplied by a factor of 2.
(7) “Corrective order” means an order issued by the Commissioner specifying corrective actions.
(8) “District” means the District of Columbia.
(9) “Domestic health organization” means a health organization domiciled in the District.
(10) “Foreign health organization” means a health organization that is licensed to do business, but is not domiciled, in the District.
(11) “Health organization” means a health maintenance organization, hospital and medical indemnity or service corporation, or other managed care organization licensed under Chapter 34 of this title or Chapter 35 of this title . The term “health organization” shall not include an organization that is licensed as either a life and health insurer or a property and casualty insurer and that is otherwise subject to either the life or property and casualty RBC requirements.
(12) “Mandatory Control Level Event” means any of the following events:
  (A) The filing of an RBC report which indicates that the health organization’s total adjusted capital is less than its Mandatory Control Level RBC;
  (B) Notification by the Commissioner to the health organization of an adjusted RBC report described in subparagraph (A) of this paragraph; provided, that the health organization does not challenge the adjusted RBC report under § 31-3451.07 ; or
  (C) If, under § 31-3451.07 , the health organization challenges an adjusted RBC report described in subparagraph (A) of this paragraph, notification by the Commissioner to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge.
(13) “Mandatory Control Level RBC” means the required Authorized Control Level RBC multiplied by a factor of 0.7.
(14) “NAIC” means the National Association of Insurance Commissioners.
(15) “RBC instructions” means the instructions for the RBC report, including risk-based capital instructions adopted by the NAIC, as these RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.
(16) “RBC level” means a health organization’s Company Action Level RBC, Regulatory Action Level RBC, Authorized Control Level RBC, or Mandatory Control Level RBC.
(17) “RBC plan” means a comprehensive financial plan containing the elements specified in § 31-3451.03(a) .
(18) “RBC report” means the report required by § 31-3451.02 .
(19) “Regulatory Action Level Event” means any of the following events:
  (A) The filing of an RBC report by the health organization that indicates that the health organization’s total adjusted capital is at least equal to its Authorized Control Level RBC but less than its Regulatory Action Level RBC;
  (B) Notification by the Commissioner to a health organization of an adjusted RBC report that described in subparagraph (A) of this paragraph; provided, that the health organization does not challenge the adjusted RBC report under § 31-3451.07 ;
  (C) If, under § 31-3451.07 , the health organization challenges an adjusted RBC report described in subparagraph (A) of this paragraph, the notification by the Commissioner to the health organization that the Commissioner has, after a hearing, rejected the health organization’s challenge;
  (D) The failure of the health organization to file an RBC report by the filing date, unless the health organization has provided an explanation for the failure that is satisfactory to the Commissioner and has cured the failure within 10 days after the filing date;
  (E) The failure of the health organization to submit an RBC plan to the Commissioner within the time period set forth in § 31-3451.03(b) ;
  (F) Notification by the Commissioner to the health organization stating that:
    (i) The RBC plan or revised RBC plan submitted by the health organization is, in the judgment of the Commissioner, unsatisfactory; and
    (ii) The notification constitutes a Regulatory Action Level Event with respect to the health organization; provided, that the health organization has not challenged the determination under § 31-3451.07 ;
  (G) If, under § 31-3451.07 , the health organization challenges a determination by the Commissioner under subparagraph (F) of this paragraph, the notification by the Commissioner to the health organization that the Commissioner has, after a hearing, rejected the challenge;
  (H) Notification by the Commissioner to the health organization that the health organization has failed to adhere to its RBC plan or revised RBC plan; provided, that the failure has a substantial adverse effect on the ability of the health organization to eliminate the Company Action Level Event in accordance with its RBC plan or revised RBC plan and the Commissioner has so stated in the notification; provided further, that the health organization has not challenged the determination under § 31-3451.07 ; or
  (I) If, under § 31-3451.07 , the health organization challenges a determination by the Commissioner under subparagraph (H) of this paragraph, the notification by the Commissioner to the health organization that the Commissioner has, after a hearing, rejected the challenge.
(20) “Regulatory Action Level RBC” means the Authorized Control Level RBC multiplied by a factor of 1.5.
(21) “Revised RBC plan” means, if the Commissioner rejects the RBC plan, the RBC plan as revised by the health organization, with or without the Commissioner’s consent.
(22) “Total adjusted capital” means the sum of:
  (A) A health organization’s statutory capital and surplus as determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed; and
  (B) Such other items, if any, as the RBC instructions may require.
D.C. Code § 31-3832 — DC Code / Title 31 / Chapter 38B / § 31-3832
§ 31-3832. Coverage for reconstructive surgery following mastectomies.
Status: in_force

(a) An individual or group health plan which is a health benefit plan, and a health insurer providing health insurance coverage, that provides medical and surgical benefits with respect to a mastectomy shall, in a manner determined in consultation with the attending physician and the patient, provide the following coverage in the case of a participant or beneficiary who is receiving benefits in connection with a mastectomy and who elects breast reconstruction in connection with such mastectomy:
  (1) All stages of reconstruction of the breast on which the mastectomy has been performed;
  (2) Surgery and reconstruction of the other breast to produce a symmetrical appearance; and
  (3) Prostheses and physical complications at all stages of mastectomy, including lymphedemas.
(b) Coverage for the procedures in subsection (a) of this section may be subject to annual deductibles and coinsurance provisions as may be considered appropriate and as are consistent with those established for other benefits under the health benefit plan or coverage.
D.C. Code § 31-1631.03 — DC Code / Title 31 / Chapter 16A / § 31-1631.03
§ 31-1631.03. License requirement.
Status: in_force

No person shall, directly or indirectly, act as a public insurance adjuster without first procuring a license from the Commissioner to act as a public insurance adjuster.
D.C. Code § 31-3302.08 — DC Code / Title 31 / Chapter 33 / § 31-3302.08
§ 31-3302.08. Applicability.
Status: in_force

Unless otherwise specifically provided in this chapter, the provisions of this subchapter shall apply to individual health benefit plans issued or renewed on or after January 1, 1998.
D.C. Code § 31-5031.09 — DC Code / Title 31 / Chapter 50A / § 31-5031.09
§ 31-5031.09. Liquidation, dissolution, or insolvency.
Status: in_force

(a) Except as otherwise provided in this section, the IRLA shall apply to all domestic title insurers subject to this chapter. In applying the provisions of the IRLA, the court shall consider the unique aspects of title insurance and shall have broad authority to fashion relief that provides for the maximum protection of the title insurance policyholders.
(b) Indemnity and escrow funds held by or on behalf of the title insurer shall not become general assets and shall be administered as secured creditor claims as provided in the IRLA.
(c) Title insurance policies issued by a domestic title insurer that are in force at the time an order of liquidation is entered shall not be canceled except upon a showing to the court of good cause by the liquidator. The determination of good cause shall be within the discretion of the court. In making this determination, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
(d) The court may set appropriate dates that potential claimants shall file their claims with the liquidator as to a domestic title insurer. The court may set different dates for claims based upon the title insurance policy than for all other claims. In setting dates, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
(e) As of the date of the order of insolvency or liquidation, all premiums paid, due, or to become due under policies of the domestic title insurers shall be fully earned. It shall be the obligation of producers, insureds, or representatives of the title insurer to pay fully earned premium to the liquidator or rehabilitator.
D.C. Code § 31-3875.10 — DC Code / Title 31 / Chapter 38F / § 31-3875.10
§ 31-3875.10. Rulemaking.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules to implement the provisions of this chapter .
D.C. Code § 31-3311.04 — DC Code / Title 31 / Chapter 33A / § 31-3311.04
§ 31-3311.04. Annual rate filing requirement.
Status: in_force

All insurers subject to this chapter shall file annually its rates, rating schedule, and supporting documentation, including ratios of incurred losses to earned premiums by policy form or certificate form, for approval by the Commissioner. The supporting documentation shall demonstrate, in accordance with actuarial principles and standards, using reasonable assumptions, that the appropriate medical loss ratio standards can be expected to be met over the entire period for which rates are computed and that insurer is in compliance with the ratemaking principles of this chapter. If the data submitted does not confirm that the insurer has satisfied the requirements of this chapter, the Commissioner shall notify the insurer in writing of the deficiency within 30 business days of the date that the data is submitted. The insurer shall have 30 days after the date of the Commissioner’s notice to file amended rates that comply with this chapter. If the insurer fails to file amended rates within the 30-day period, the Commissioner shall order that the insurer’s filed rates for the nonconforming policies and certificates be reduced to an amount that would bring the rates into compliance with this chapter. Upon request of the insurer and before any order or notice issued pursuant to this section becomes final, the Commissioner shall hold a hearing upon not less than 10 business days’ written notice to the insurer specifying the matters to be considered at the hearing. The insurer’s failure to file amended rates within the specified time or the issuance of the Commissioner’s order amending the rates shall not preclude the insurer from filing an amendment of its rates at a later time.
D.C. Code § 31-712 — DC Code / Title 31 / Chapter 7 / § 31-712
§ 31-712. Recovery.
Status: in_force

(a) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under the order shall have a right to recover on behalf of the insurer, (i) from any parent corporation or holding company or person or affiliate who otherwise controlled the insurer, the amount of distributions (other than distributions of shares of the same class of stock) paid by the insurer on its capital stock, or (ii) any payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment made by the insurer or its subsidiary to a director, officer, or employee, where the distribution or payment pursuant to clause (i) or (ii) of this subsection is made at any time during the 1 year preceding the petition for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations of subsections (b), (c), and (d) of this section.
(b) No distribution shall be recoverable if the parent or affiliate shows that when paid the distribution was lawful and reasonable, and that the insurer did not know, and could not reasonably have known, that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.
(c) (1) Any person that was a parent corporation, holding company, or a person who otherwise controlled the insurer or affiliate at the time the distributions were paid shall be liable, under subsection (a) of this section, up to the amount of distributions or payments such a person received.
  (2) Any person that otherwise controlled the insurer at the time the distributions were declared shall be liable up to the amount of distributions the person would have received if they had been paid immediately.
  (3) If 2 or more persons are liable with respect to the same distributions, they shall be jointly and severally liable.
(d) The maximum amount recoverable under this section shall be the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse any guaranty funds.
(e) To the extent that any person liable under subsection (c) of this section is insolvent or otherwise fails to pay claims due from it, its parent corporation, holding company, or person who otherwise controlled it at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the parent corporation, holding company, or person who otherwise controlled it.
D.C. Code § 31-2351.07 — DC Code / Title 31 / Chapter 23M / § 31-2351.07
§ 31-2351.07. Record keeping requirements.
Status: in_force

(a) A provider must keep accurate accounts, books, and records concerning transactions regulated under this chapter and shall include:
  (1) A copy of each type of service contract sold;
  (2) The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;
  (3) For automobile or new property retail sales, a list of the locations where service contracts are marketed, sold, or offered for sale; and
  (4) Written claims files that shall contain, at a minimum, the dates and description of claims related to the service contracts.
(b) Except as provided in subsection (d) of this section, the provider shall retain all records required to be maintained by this section for at least one year after the specified period of coverage has expired.
(c) The records required under this chapter may be, but shall not be required to be, maintained on a computer disk or other record-keeping technology; provided, that if the records are maintained in other than hard copy, the records shall be capable of duplication to legible hard copy at the request of the Commissioner.
(d) A provider discontinuing business in the District shall maintain its records until it furnishes the Commissioner satisfactory proof that it has discharged all obligations to contract holders in the District.
D.C. Code § 31-4443 — DC Code / Title 31 / Chapter 44 / § 31-4443
§ 31-4443. Effect of merger or consolidation.
Status: in_force

(a) (1) When a merger or consolidation has been completed, the merging or consolidating companies shall be a single company.
  (2) For a merger, the single company shall be the 1 designated in the plan as the surviving company and, for a consolidation, shall be the new company described in the plan.
(b) The separate existence of the merging or consolidating companies shall cease.
(c) The surviving or new company shall have the rights, the privileges, the immunities, and the powers and shall be subject to the duties and liabilities of a life company organized under this subdivision.
(d) (1) The surviving or the new company shall have the rights, the privileges, the immunities, and the franchises of each of the merging or consolidating companies.
  (2) All property interests, debts, claims, or other interests belonging to the merging or the consolidating companies shall be transferred automatically to the single company.
  (3) Realty interests vested in the merging or the consolidating companies shall not revert or be impaired because of the merger or the consolidation.
(e) (1) The surviving or the new company shall be responsible for obligations of the merging or the consolidating companies.
  (2) A claim involving 1 of the merging or consolidating companies may be litigated as though the merger or the consolidation had not taken place or with the single company replacing the merging or the consolidating company.
  (3) Neither the rights of creditors nor any liens upon the property of a merging or consolidating company shall be impaired by the merger or the consolidation.
(f) (1) For a merger, the articles of incorporation of the surviving company shall be considered amended to the extent that the articles of merger described changes in the articles of incorporation.
  (2) For a consolidation, articles of consolidation provisions required or permitted in the articles of incorporation of life companies shall be considered the articles of incorporation of the new company.
(g) The aggregate amount of the net assets of the merging or the consolidating companies available for the payment of dividends immediately before the merger or the consolidation, to the extent that the amount cannot be transferred to stated capital, shall continue to be available for the payment of dividends by the surviving or the new company.
D.C. Code § 31-3175.03 — DC Code / Title 31 / Chapter 31E / § 31-3175.03
§ 31-3175.03. Reporting requirements.
Status: in_force

(a) Beginning October 1, 2019, and on an annual basis thereafter, health insurers shall submit a report to the Department containing the following information:
  (1) (A) The frequency with which the health insurers health benefits plan required:
      (i) Prior authorization for all prescribed procedures, services, or medications for mental health condition and substance use disorder benefits during the prior calendar year; and
      (ii) Prior authorization for all prescribed procedures, services, or medications for medical and surgical benefits during the prior calendar year.
    (B) Health insurers shall submit the information required pursuant to paragraph (1)(A) of this subsection separately for inpatient in-network benefits, inpatient out of-network benefits, outpatient in-network benefits, inpatient out-of-network benefits, outpatient in-network benefits, outpatient out-of-network benefits, emergency care benefits, and prescription drug benefits. Frequency shall be expressed as a percentage, with the total prescribed procedures, services, or medications within each classification of benefits as the denominator and the overall number of times prior authorization was required for any prescribed procedures, services, or medications within each corresponding classification of benefits as the numerator.
  (2) A description of the process used to develop and select medical necessity criteria for mental health condition and substance use disorder benefits;
  (3) An identification of all non-quantitative treatment limitations that are applied to benefits provided for mental health conditions and substance use disorders;
  (4) An analysis of the medical necessity criteria described in paragraph (2) of this subsection, and each non-quantitative treatment limitation identified pursuant to paragraph (3) of this subsection, that shall include:
    (A) An identification of the factors used to determine whether a non-quantitative treatment limitation shall apply to the provision of a benefit, including any factors that were considered but rejected;
    (B) An identification of the specific evidentiary standards that were relied upon and used to design any non-quantitative treatment limitations;
    (C) An identification and description of the methodology used to determine that the processes and strategies used to design each non-quantitative treatment limitation, as written, for mental health condition and substance use disorder benefits are comparable to and no more stringent than the processes and strategies used to design each non-quantitative treatment limitation, as written, for medical and surgical benefits;
    (D) An identification and description of the methodology used to determine that the processes and strategies used to apply each non-quantitative treatment limitation, in operation, for mental health condition and substance use disorder benefits are comparable to and no more stringent than the processes or strategies used to apply each non-quantitative treatment limitation, in operation, for medical and surgical benefits; and
    (E) A disclosure of the specific findings and conclusions reached by the health insurer indicating that it is in compliance with the requirements of this chapter .
  (5) The rates of, and reasons for, denial of claims for inpatient in-network, inpatient out-of-network, outpatient in-network, outpatient out-of-network, prescription drugs, and emergency care mental health condition and substance use disorder benefits during the prior calendar year, compared to the rates of and reasons for denial of claims in those same classifications of benefits for medical and surgical services during the prior calendar year;
  (6) A certification that the health insurer has completed a comprehensive review of the administrative practices of its health benefits plan for the prior calendar year to verify compliance with the requirements of this chapter ; and
  (7) Any other information requested by the Commissioner of the Department.
(b) By October 1, 2019, and annually thereafter, the Department shall issue a report to the Council in non-technical, readily understandable language, that shall:
  (1) Specify the methodologies used by the Department to verify compliance with the requirements of this chapter ;
  (2) Identify the market conduct examinations conducted by the Department during the preceding year, including:
    (A) The number of market conduct examinations initiated and completed;
    (B) The benefit classifications assessed by each market conduct examination;
    (C) The subject matter of each market conduct examination; and
    (D) A summary of the basis for the final decision rendered in each market conduct examination;
  (3) A description of any educational or corrective actions the Department took to ensure health insurer compliance with the requirements of this chapter ; and
  (4) A description of the Department's efforts to educate the public regarding mental health condition and substance use disorder protections under MHPAEA and this chapter .
D.C. Code § 31-5603.01 — DC Code / Title 31 / Chapter 56 / § 31-5603.01
§ 31-5603.01. Registration requirement.
Status: in_force

No person shall offer or sell a security in the District unless the security is registered under this chapter, the security or transaction is exempt under § 31-5604.01 or § 31-5604.02 , or the security is a federal covered security.
D.C. Code § 31-401 — DC Code / Title 31 / Chapter 4 / § 31-401
§ 31-401. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Accredited state” means a jurisdiction in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners (“NAIC”).
(2) “Captive insurers” means insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies, or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks to member organizations or group members and their affiliates.
(2A) “Commissioner” means the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking].
(3) “Control” or “controlled” has the meaning ascribed in § 31-701(2) .
(4) “Controlled insurer” means a licensed insurer which is controlled, directly or indirectly, by a producer.
(5) “Controlling producer” means a producer who, directly or indirectly, controls an insurer.
(6) “Holding company system” has the meaning ascribed in § 31-701(4) .
(7) “Licensed insurer” or “insurer” means any person, firm, association, or corporation duly licensed to transact a property/casualty insurance business in the District of Columbia. The following, inter alia, are not licensed insurers for the purposes of this chapter:
  (A) All risk retention groups as defined in the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.), the Product Liability Risk Retention Act of 1981 (15 U.S.C. § 3901 et seq.), and § 31-4101 ;
  (B) All residual market pools and joint underwriting authorities or associations; and
  (C) All captive insurers.
(8) “Producer” means an insurance broker or brokers or any other person, firm, association, or corporation, when, for any compensation, commission, or other thing of value, such a person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association, or corporation.
(9) Repealed.
D.C. Code § 31-1373.01 — DC Code / Title 31 / Chapter 13A / § 31-1373.01
§ 31-1373.01. Application of subchapter.
Status: in_force

This subchapter shall apply to the investment and investment practices of domestic fire, casualty, and marine insurers.
D.C. Code § 31-5205 — DC Code / Title 31 / Chapter 52 / § 31-5205
§ 31-5205. Employees’ compensation corporations or associations to file certain information with Commissioner; disapproval of premium rate or schedule; judicial review.
Status: in_force

Every insurance corporation or association authorized to transact business in the District of Columbia, which insures employers against liability for compensation under the Employees’ Compensation Act, shall file with the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] its manual of classifications and underwriting rules, together with basic rates for each class, and also merit rating plans designed to modify the class rates, none of which shall take effect until the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall have approved the same as adequate and reasonable for the group of risks to which they respectively apply. The Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] may withdraw his approval of any premium rate or schedule made by any insurance corporation or association, if, in his judgment, such premium rate or schedule is inadequate or unreasonable; provided, that upon petition of the company or association or any other party aggrieved the opinion of the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall be subject to review by the Superior Court of the District of Columbia: Provided further, that any petition for review shall be filed with said Court within 30 days after the rendition of opinion by the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking].
D.C. Code § 31-3171.02 — DC Code / Title 31 / Chapter 31D / § 31-3171.02
§ 31-3171.02. Establishment and purpose.
Status: in_force

(a) There is established, as an independent authority of the District government, the District of Columbia Health Benefit Exchange Authority. The Authority shall be an instrumentality, created to effectuate the purposes stated in this chapter, that shall have a legal existence separate from the District government.
(b) The purposes of the Authority shall be to:
  (1) Enable individuals and small employers to find affordable and easier-to-understand health insurance;
  (2) Facilitate the purchase and sale of qualified health plans;
  (3) Assist small employers in facilitating the enrollment of their employees in qualified health plans;
  (4) Reduce the number of uninsured;
  (5) Provide a transparent marketplace for health benefit plans;
  (6) Educate consumers; and
  (7) Assist individuals and groups to access programs, premium assistance tax credits, and cost-sharing reductions.
D.C. Code § 31-2231.09 — DC Code / Title 31 / Chapter 22A / § 31-2231.09
§ 31-2231.09. Stock operations and advisory board contracts.
Status: in_force

No person, as an inducement to purchase insurance, shall issue or deliver, or permit its agents, officers, or employees to issue or deliver:
(1) Agency company stock or other capital stock, benefit certificates, or shares in a common law corporation;
(2) Securities; or
(3) A special or advisory board contract or other contracts of any kind promising returns and profits.
D.C. Code § 31-4323 — DC Code / Title 31 / Chapter 43 / § 31-4323
§ 31-4323. Service of process; appointment of Superintendent as attorney of companies; violations.
Status: repealed

Repealed.
D.C. Code § 31-3423 — DC Code / Title 31 / Chapter 34 / § 31-3423
§ 31-3423. Penalties and enforcement.
Status: in_force

(a) The Commissioner, after giving reasonable written notice of intent and providing a reasonable time within which the health maintenance organization may respond, in lieu of suspension or revocation of a certificate of authority under § 31-3419 , may levy an administrative penalty in an amount not to exceed $50,000 for any violation when, in the Commissioner’s judgment, the Commissioner finds that the public interest would be best served by the continued operation of the company. The Commissioner may increase this penalty by the amount which the Commissioner determines to be the damages suffered by enrollees or other members of the public. The amount of any penalty shall be paid by the health maintenance organization through the Office of the Commissioner to the District of Columbia Treasurer. Civil penalties may be imposed as alternative sanctions for any infraction of the provisions of District law or any rules or regulations issued which pertain to health maintenance organizations.
(b) (1) If the Commissioner shall for any reason have cause to believe that any violation of this chapter has occurred or is threatened, the Commissioner may give notice to a health maintenance organization and to its representatives, or other persons who appear to be involved in such suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to such suspected violation; and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing such violation.
  (2) Proceedings under this subsection shall not be governed by any formal procedural requirements and may be conducted in such manner as the Commissioner may deem appropriate under the circumstances. However, unless consented to by the health maintenance organization, no rule or order may result from a conference until the requirements of this section are satisfied.
(c) (1) The Commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this chapter.
  (2) Within 30 days after service of the cease and desist order, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. Such hearings shall be conducted pursuant to the DCAPA, and judicial review shall be available as provided by the DCAPA.
(d) In the case of any violation of the provisions of this chapter, if the Commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued pursuant to subsection (c) of this section, the Commissioner may institute a proceeding to obtain injunctive or other appropriate relief in the Superior Court of the District of Columbia.
(e) Notwithstanding any other provisions of this chapter, if a health maintenance organization fails to comply with the net worth requirement of this chapter, the Commissioner may take appropriate action to assure that the continued operation of the health maintenance organization will not be hazardous to its enrollees.
D.C. Code § 31-2502.16 — DC Code / Title 31 / Chapter 25 / § 31-2502.16
§ 31-2502.16. Acquisition, use and disposition of real estate by domestic companies.
Status: repealed

Repealed.
D.C. Code § 31-2602.11 — DC Code / Title 31 / Chapter 26 / § 31-2602.11
§ 31-2602.11. Taxation of companies—Tax on investment income from funds representing capital stock and surplus.
Status: repealed

Repealed.
D.C. Code § 31-5814 — DC Code / Title 31 / Chapter 58 / § 31-5814
§ 31-5814. Chapter to supersede other laws.
Status: repealed

Repealed.
D.C. Code § 31-734 — DC Code / Title 31 / Chapter 7 / § 31-734
§ 31-734. Insurers rehabilitation and liquidation.
Status: in_force

(a) A mutual insurance holding company is deemed to be an insurer subject to Chapter 13 of this title , and shall automatically be a party to any proceeding under Chapter 13 of this title involving an insurance company, which as a result of a reorganization pursuant to § 31-731 or § 31-732 is a subsidiary of the mutual insurance holding company. In any proceeding under Chapter 13 of this title involving the reorganized insurance company, the assets of the mutual insurance holding company are deemed to be assets of the estate of the reorganized insurance company for purposes of satisfying the claims of the reorganized insurance company’s policyholders.
(b) A mutual insurance holding company shall not dissolve or liquidate without the approval of the Commissioner or as ordered by the District Court pursuant to Chapter 13 of this title .
D.C. Code § 31-3303.01 — DC Code / Title 31 / Chapter 33 / § 31-3303.01
§ 31-3303.01. Application of subchapter.
Status: in_force

(a) This subchapter applies to health insurers offering group health insurance coverage. Each insurer proposing to issue group accident and sickness insurance policies providing hospital, medical and surgical or major medical coverage on an expense incurred basis, each corporation providing group accident and sickness subscription contracts, and each health maintenance organization or multiple employer welfare arrangement providing health care plans for health care services that offers coverage to the group market in the District of Columbia shall be subject to the provisions of this subchapter if any of the following conditions are met:
  (1) Any portion of the premiums or benefits is paid by or on behalf of the employer;
  (2) The eligible employee or dependent is reimbursed, whether through wage adjustments or otherwise, by or on behalf of the employer, for any portion of the premium; or
  (3) The health benefit plan is treated by the employer or any of the covered individuals as part of a plan or program for the purpose of section 106, 125, or 162 of the United States Internal Revenue Code [26 U.S.C. § 106, 26 U.S.C. § 125, or 26 U.S.C. § 162].
(b) Small group market requirements under this subchapter shall apply to a health benefit plan offered by a multiple employer welfare arrangement, including an association 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.
D.C. Code § 31-5606.05 — DC Code / Title 31 / Chapter 56 / § 31-5606.05
§ 31-5606.05. Civil liability.
Status: in_force

(a) (1) A person shall be civilly liable to another person who buys a security if the person:
    (A) Offers or sells a security in violation of § 31-5602.01 , § 31-5603.01 , or § 31-5605.05 , of a rule or order under § 31-5604.05 which requires the affirmative approval of sales literature, or of a condition imposed under § 31-5603.05(g) or (h); or
    (B) Offers or sells a security by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statement made, in the light of the circumstances under which made, not misleading, the buyer does not know of the untruth or omission and the offeror or seller does not sustain the burden of proof that the offeror or seller did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.
  (2) A person shall be civilly liable to another person who sells a security if the person offers to purchase or purchases the security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading, the seller does not know of the untruth or omission, and the purchaser does not sustain the burden of proof that the purchaser did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.
  (3) A person shall be civilly liable to another person if the person:
    (A) Acts as an investment adviser or representative in violation of §§ 31-5602.02 , 31-5605.02 , 31-5605.05(b) , or of any rule or order adopted under § 31-5604.05 ; or
    (B) (i) Receives directly or indirectly any consideration from the other person for advice as to the value of securities or their purchase or sale or for acting as an investment adviser or representative under § 31-5601.01(17) or (18), whether through the issuance of analyses, reports or otherwise, and
      (ii) Employs an device, scheme, or artifice to defraud the other person or engages in an act, practice, or course of business which operates or would operate as a fraud or deceit on the other person.
(b) (1) In an action brought under subsection (a)(1) of this section, a buyer may sue at law or in equity:
    (A) To recover the consideration paid for the security, interest at the rate used in the Superior Court of the District of Columbia from the date of payment, costs, and reasonable attorneys’ fees, less the amount of any income received on the security, upon the tender of the security and any income received on it; or
    (B) For damages if the buyer no longer owns the security. The amount of damages shall be the amount that would be recoverable on a tender less the value of the security when the buyer disposed of it, plus interest at the rate used in the Superior Court of the District of Columbia from the date of disposition.
  (2) In an action under subsection (a)(2) of this section, a seller may sue at law or in equity:
    (A) On tender of the consideration paid for the security, to recover the security, the amount of any income received on the security, costs, and reasonable attorneys’ fees; or
    (B) For damages if the buyer no longer owns the security.
  (3) In an action brought under subsection (a)(3) of this section, a person may sue at law or in equity for the rescission of the advisory contract and any damages resulting from the violation, interest at the rate used in the Superior Court of the District of Columbia from the date of payment of the consideration plus costs and reasonable attorney’s fees, less the amount of any income received from such advice.
(c) A person who directly or indirectly controls a person liable under subsection (a) of this section; a partner, officer, or director of the person liable; a person occupying a similar status or performing similar functions; an employee of the person liable who materially aids in the conduct giving rise to the liability; and a broker-dealer or agent who materially aids in the conduct shall be liable jointly and severally with, and to the same extent as the person liable, unless her or she is able to sustain the burden of proof that he or she did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There shall be contribution among the several persons so liable.
(d) A tender specified in this section may be made at any time before entry of judgment.
(e) A cause of action under this chapter shall survive the death of any person who might have been a plaintiff or defendant.
(f) (1) A person may not sue under subsection (a)(1) and (2) of this section after the earlier of 3 years after the contract of sale or purchase, or the time specified in paragraph (2) of this subsection.
  (2) An action may not be maintained:
    (A) To enforce any liability under subsection (a)(1)(A) of this section unless brought within one year after the violation on which it is based; or
    (B) To enforce a liability under subsections (a)(1)(B) or (a)(2) of this section unless brought within one year after the discovery of the untrue statement or omission or after the discovery should have been made by the exercise of reasonable diligence.
  (3) A person may not sue under subsection (a)(3) of this section after the earlier of 3 years after the date of the advisory contract or the rendering of investment advice, or the expiration of 2 years after the discovery of the facts constituting the violation.
(g) No person may sue under this section if:
  (1) The buyer received a written offer, before suit and at a time when the buyer owned the security or asset, to refund the consideration paid, and interest at the rate used in the Superior Court of the District of Columbia from the date of payment, less the amount of any income received on the security or asset, and the buyer failed to accept the offer within 30 days of its receipt;
  (2) The buyer received such an offer before suit and at a time when the buyer did not own the security or asset, unless the buyer rejected the offer in writing within 30 days of its receipt; or
  (3) The seller received a written offer from the buyer, before suit, to return the security or asset, together with the amount of any income received on the security, and interest at the rate used by the Superior Court of the District of Columbia from the date of payment, and the seller failed to accept the offer within 30 days of its receipt.
(h) No person may sue on a contract if the person has made or engaged in the performance of the contract in violation of this chapter or any rule or order adopted under this chapter, or has acquired any purported right under the contract with knowledge of the facts by reason of which its making or performance violated this chapter or a rule or order adopted under this chapter.
(i) A condition, stipulation, or provision that binds a person who acquires a security or asset, or receives a investment advice, to waive compliance with a provision of this chapter or a rule or order adopted under this chapter shall be void.
(j) The rights and remedies provided by this chapter shall be in addition to any other rights or remedies that may exist at law or in equity, but this chapter does not create a cause of action not specified in this section or authorized under the bonding requirements of § 31-5602.03(h) .
D.C. Code § 31-1304 — DC Code / Title 31 / Chapter 13 / § 31-1304
§ 31-1304. Injunctions and orders.
Status: in_force

(a) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, restraining orders, preliminary and permanent injunctions, and other orders deemed necessary and proper to prevent:
  (1) The transaction of further business;
  (2) The transfer of property;
  (3) Interference with the receiver or with a proceeding under this chapter;
  (4) Waste of the insurer’s assets;
  (5) Dissipation and transfer of bank accounts;
  (6) The institution or further prosecution of any actions or proceedings;
  (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders;
  (8) The levying of execution against the insurer, its assets, or its policyholders;
  (9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;
  (10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or
  (11) Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter.
(b) The receiver may apply to any court outside of the jurisdiction for the relief described in subsection (a) of this section.
D.C. Code § 31-2361.01 — DC Code / Title 31 / Chapter 23R / § 31-2361.01
§ 31-2361.01. Definitions.
Status: in_force

(a) For purposes of this chapter , the term:
  (1) "Affiliate" means any company that controls, is controlled by, or is under common control of another company.
  (2) "AMC National Registry" means the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the Appraisal Subcommittee.
  (3) "Appraisal Foundation" means the Appraisal Foundation established on November 30, 1987, as a not-for-profit corporation under the laws of Illinois.
  (4) "Appraisal management company" means a person, not including a department or division of an entity that provides appraisal management services only to that entity, that:
    (A) (i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; or
      (ii) Provides appraisal management services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and
    (B) At any time in a 12-calendar month period oversees an appraiser panel of more than 15 state-certified or state-licensed appraisers in a state or 25 or more state-certified or state-licensed appraisers in 2 or more states, as described in § 31-2361.03 .
  (5) "Appraisal management services" means one or more of the following:
    (A) Recruiting, selecting, and retaining appraisers;
    (B) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments;
    (C) Managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed; and
    (D) Reviewing and verifying the work of appraisers.
  (6) (A) "Appraisal panel" means a network, list, or roster of licensed or certified appraisers approved by an appraisal management company to perform appraisals as independent contractors for the appraisal management company.
    (B) Appraisers on an appraiser panel include both appraisers accepted by the appraisal management company for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions, and appraisers engaged by the appraisal management company to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions.
    (C) An appraiser is an independent contractor or if the appraiser is treated as an independent contractor by the appraisal management company for purposes of federal income taxation.
  (7) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment and is related to the appraiser's data collection, analysis, opinions, conclusions, estimate of value, or compliance with the uniform standards of professional appraisal practice.  This term does not include:
    (A) A general examination for grammatical, typographical, or other similar errors; or
    (B) A general examination for completeness, including regulatory or client requirements as specified in the agreement process that does not communicate an opinion of value.
  (8) "Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
  (9) "Consumer credit" means credit offered or extended to a consumer primarily for personal, family, or household purposes.
  (10) "Controlling person" means:
    (A) An officer, director, or owner of greater than a 10% interest of a corporation, partnership, or other business entity seeking to act as an appraisal management company;
    (B) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter a contractual relationship with other persons for the performance of services requiring registration as an appraisal management company and has the authority to enter agreements with appraisers for the performance of appraisals; or
    (C) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management of policies of an appraisal management company.
  (11) "Covered transaction" means any consumer credit transaction secured by the consumer's principal dwelling.
  (12) "Creditor" means a person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than 4 installments (not including a down payment), and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract.  A person regularly extends consumer credit if, in any 12-month period, the person originates more than one credit extension for transactions secured by a dwelling.
  (13) "Department" means the Department of Insurance, Securities, and Banking.
  (14) "Dwelling" means a residential structure that contains one to 4 units, regardless of whether that structure is attached to real property.  The term includes an individual condominium unit, cooperative unit, mobile home, and trailer, if it is used as a residence.
  (15) "Federal financial institutions regulatory agency" includes the Consumer Financial Protection Bureau, the Federal Housing Finance Agency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the National Credit Union Administration.
  (16) "Federally regulated appraisal management company" means an appraisal management company that is owned and controlled by an insured depository institution, as defined in section 3(c)(2) of the Federal Deposit Insurance Act, approved September 21, 1950 (64 Stat. 873; 12 U.S.C. § 1813(c)(2)), and regulated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration.
  (17) "Federally regulated transaction regulations" means regulations established by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration, pursuant to sections 1112, 1113, and 1114 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, approved August 9, 1989 (103 Stat. 183; 12 U.S.C. §§ 3341-3343).
  (18) "Federally related transaction" means any real-estate-related financial transaction that involves an insured depository institution regulated by the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, or National Credit Union Administration and that requires the services of an appraiser under the interagency appraisal rules.
  (19) "Person" means a natural person or an organization, including a corporation, partnership, proprietorship, association, cooperative, estate, trust, or government unit.
  (20) "Principal dwelling" means the primary residence of a consumer.  For purposes of this chapter , a consumer may only have one principal dwelling.  A vacation or other second home shall not be considered a principal dwelling.  However, if a consumer buys or builds a new dwelling that will become the consumer's primary residence within one year or upon completion of the construction, the new residence shall be considered the principal dwelling for purposes of this chapter .
  (21) "Real-estate-related financial transaction" means any transaction involving the sale, lease, purchase, investment in, or exchange of real property, including interests in property or the financing thereof, the refinancing of real property or interests in real property, or the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.
  (22) "Secondary mortgage market participant" means a guarantor or insurer of mortgage-backed securities, or an underwriter or issuer of mortgage-backed securities.  The term includes an individual investor in a mortgage-backed security only if that investor also serves in the capacity of a guarantor, insurer, underwriter, or issuer for the mortgage-backed security.
  (23) "State" includes the District of Columbia.
  [(24)] "Uniform Standards of Professional Appraisal Practice" or "USPAP" means the appraisal standards as promulgated by the Appraisal Standards Board of the Appraisal Foundation.
D.C. Code § 31-1371.07 — DC Code / Title 31 / Chapter 13A / § 31-1371.07
§ 31-1371.07. Valuation of investments.
Status: in_force

For the purposes of this chapter, the value or amount of an investment acquired or held, or any investment practice engaged in, under this chapter, unless otherwise specified in this code, shall be the value at which assets of an insurer are required to be reported for statutory accounting purposes as determined in accordance with procedures prescribed in published accounting and valuation standards of the NAIC, including the Purposes and Procedures of the Securities Valuation Office Valuation of Securities Accounting Practices and Procedures Annual Statement Instructions , or any successor valuation procedures officially adopted by the NAIC. , the , the , the
D.C. Code § 31-1353 — DC Code / Title 31 / Chapter 13 / § 31-1353
§ 31-1353. Claims of nonresidents against insurers domiciled in the District of Columbia.
Status: in_force

(a) In a liquidation proceeding begun in the District against an insurer domiciled in the District, claimants residing in foreign countries or in states not reciprocal states must file claims in the District, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in the District as provided in this chapter, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of the District as provided in § 31-1354(b) with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and priority against special deposits or other security located in ancillary states, but shall not be conclusive with respect to priorities against general assets under § 31-1340 .
D.C. Code § 31-1372.11 — DC Code / Title 31 / Chapter 13A / § 31-1372.11
§ 31-1372.11. Policy loans.
Status: in_force

A life insurer may lend to a policyholder on the security of the cash surrender value of the policyholder’s policy a sum not exceeding the legal reserve that the insurer is required to maintain on the policy.
D.C. Code § 31-5051.05 — DC Code / Title 31 / Chapter 50C / § 31-5051.05
§ 31-5051.05. Penalties.
Status: in_force

(a) A vendor shall report any violation of this chapter to the Commissioner within 30 days of discovery of the violation by the vendor.
(b) If a vendor of portable electronics or its employee or authorized representative violates any provision of this chapter, the Commissioner may:
  (1) After notice and hearing, impose fines not to exceed $2,500 per violation or a $10,000 maximum fine in the aggregate for such conduct; and
  (2) After notice and hearing, impose other penalties that the Commissioner considers necessary and reasonable to carry out the purpose of this chapter, including:
    (A) Suspending the privilege of transacting portable electronics insurance pursuant to this section at specific business locations where violations have occurred; and
    (B) Suspending or revoking the ability of individual employees or authorized representatives to act under the limited lines license.
D.C. Code § 31-3931.07 — DC Code / Title 31 / Chapter 39A / § 31-3931.07
§ 31-3931.07. Investments.
Status: in_force

(a) A captive insurer shall file with the Commissioner a schedule of its proposed investments, and any material changes thereto, which the Commissioner may approve if he or she determines that the investments do not threaten the solvency or liquidity of the captive insurer. The Commissioner shall not unreasonably disapprove the investments.
(b) A captive insurer or protected cell may make a loan to its parent or affiliated company if the loan:
  (1) Is first approved in writing by the Commissioner;
  (2) Is evidenced by a note that is in a form that is approved by the Commissioner; and
  (3) Does not include any money that has been set aside as capital or surplus as required by § 31-3931.06(a) or (f).
(c) Notwithstanding subsection (b) of this section, a risk retention group licensed as a captive insurer shall be subject to subchapters I, III, and V of Chapter 13A of this title [§§ 31-1371.01 through 31-1371.07 , 31-1373.01 through 31-1373.12 , and 31-1375.01 ].
D.C. Code § 31-5031.24 — DC Code / Title 31 / Chapter 50A / § 31-5031.24
§ 31-5031.24. Applicability; construction.
Status: in_force

(a) This chapter shall:
  (1) Apply to all persons engaged in the business of title insurance in the District; and
  (2) Supplement the provisions of Chapter 25 of this title [ § 31-2501.01 et seq.].
(b) This chapter shall not:
  (1) Except as otherwise provided, limit the application of any acts relating to insurance which are codified in this  title; or
  (2) Limit or restrict the rights of policyholders, claimants, and creditors.
(c) If there is a conflict between a provision of this chapter and any provision in an act relating to insurance which is codified in this title, Chapter 25 of this title [ § 31-2501.01 et seq.], this chapter shall apply.
(d) This chapter shall apply as of January 1, 2011 and to all transactions entered into after January 1, 2011.
D.C. Code § 31-632 — DC Code / Title 31 / Chapter 6A / § 31-632
§ 31-632. Fingerprinting and criminal history record background checks.
Status: in_force

(a) The Commissioner shall require state and national criminal history record background checks of each applicant for the purpose of determining eligibility for a license, registration, or charter. In order for the Commissioner to obtain and receive national criminal history records from the Federal Bureau of Investigation’s Criminal Justice Information Services Division, the Commissioner shall require each applicant to submit a full set of fingerprints, including a scanned electronic or digital fingerprint or a hard copy fingerprint.
(b) The applicant shall bear the cost of administering and processing the fingerprinting and criminal history record background checks. The Commissioner shall establish, by rule, fees to cover the costs associated with the fingerprinting and criminal history record background checks.
(c) The Commissioner may contract for the collection and transmission of fingerprints authorized under this chapter, including any administrative functions related thereto.
(d) The Commissioner may exchange the fingerprints and other information with, and receive criminal history record background information from, the Metropolitan Police Department and the Federal Bureau of Investigation for the purpose of facilitating determinations regarding eligibility for licensure under this chapter. The Metropolitan Police Department may exchange this fingerprint data with the Federal Bureau of Investigation.
D.C. Code § 31-302 — DC Code / Title 31 / Chapter 3 / § 31-302
§ 31-302. General requirements for filing audited financial reports and audit committee appointments; extensions.
Status: in_force

(a) All insurers shall have an annual audit prepared by an independent certified public accountant and shall file an audited financial report with the Mayor on or before June 1st for the year ended December 31st immediately preceding. The Mayor may require an insurer to file an audited financial report earlier than June 1st with 90 days advance notice to the insurer.
(b) Extensions of the June 1st filing date may be granted by the Mayor for 30-day periods upon showing by the insurer and its independent certified public accountant the reasons for requesting the extension and determination by the Mayor of good cause for an extension. The request for extension must be submitted in writing not less than 10 days prior to the due date in sufficient detail to permit the Mayor to make an informed decision with respect to the requested extension.
(c) If an extension is granted in accordance with the provisions in subsection (b) of this section, an extension for the same 30-day period shall be granted for the filing of a management’s report of internal control over financial reporting.
(d) An insurer required to file an annual audited financial report pursuant to this chapter shall establish an audit committee. If the insurer is controlled by a controlling person or entity, the audit committee of the controlling entity, in compliance with § 31-311.01(e) , may serve as the audit committee for the subject insurer for purposes of this chapter.
D.C. Code § 31-2714 — DC Code / Title 31 / Chapter 27 / § 31-2714
§ 31-2714. Exemptions and limitations.
Status: in_force

(a) An insurer shall not be required to file with, or to receive approval from, the Commissioner, for rates and policy forms used in the insurance of exempt commercial risks.
(b) The filing and review exemption set forth in subsection (a) of this section shall not apply to workers’ compensation and employer’s liability policies and rates.
(c) (1) All policies issued under this chapter shall contain a notice to the insured that the rate and policy form are not subject to the filing, review, and approval requirements of the Commissioner.
  (2) An insurer providing a policy under this chapter shall, at the time of entering into the policy agreement and annually thereafter, on a form to be prescribed by the Commissioner, which form clearly sets forth the standards of this chapter; the right of the policyholder to obtain regulatory review under this chapter; the effects of the waiver of the regulatory review; and any other information the Commissioner considers useful; and obtain a written certification signed by the policyholder certifying that the policyholder:
    (A) Employs a certified or qualified risk manager or placed the business through a licensed insurance producer or otherwise meets the criteria of an exempt commercial risk;
    (B) Is aware that the policy being purchased is not subject to initial regulatory review or approval of rates and forms; and
    (C) Agrees to the use of the exempt rates and forms by its insurer.
  (3) The policyholder certification shall be filed with, and retained by, the insurance company issuing coverage to the policyholder. An insurer issuing policies under this section shall provide the number of exempt policyholders annually to the Commissioner.
(d) If any provision of this section conflicts with any other law in the District, this section shall govern.
D.C. Code § 31-3408 — DC Code / Title 31 / Chapter 34 / § 31-3408
§ 31-3408. Annual report.
Status: repealed

Repealed.
D.C. Code § 31-3521 — DC Code / Title 31 / Chapter 35 / § 31-3521
§ 31-3521. Sanctions for violations.
Status: in_force

(a) If the directors or trustees of a corporation issued a certificate of authority under this chapter knowingly violate, or knowingly permit any of the officers, employees, or agents of the corporation to violate, any provision of this chapter, any other provision of law made applicable to the corporation by this chapter, or any regulation promulgated under this chapter or such other provisions of law, the certificate of authority granted to the corporation may be suspended or revoked upon a determination of such violation by the Mayor.
(b) Forfeiture of monetary gain; civil money penalties.
  (1) The Mayor may require a corporation issued a certificate of authority under this chapter, and any director, trustee, officer, employee, or agent of such a corporation, that the Mayor finds has willfully violated any provision of this chapter, any other provision of law made applicable to the corporation by this chapter, or any regulations promulgated under this chapter or such other provision of law to forfeit any monetary gain derived thereby to the Treasurer of the District of Columbia or to any person who has suffered financial injury or damage as a result of the violation. Upon a determination of such violation by the Mayor, the Mayor also may impose a civil penalty against a corporation in an amount not to exceed $25,000 for each violation, and as to an individual an amount not to exceed $5,000 for each type of violation, not to exceed $25,000 in total for each type of violation.
  (2) For the purposes of this section, the terms “violate” and “violation” denote any action, alone or with another or others, that involves causation, participation in, counseling, aiding, or abetting.
  (3) A person or organization against whom a forfeiture or penalty has been imposed under this section may, within 30 days after service of written notice thereof by hand delivery or mail, make a written request for a hearing on such action by delivering the request to the Department of Insurance, Securities, and Banking. The hearing shall commence in not fewer than 10 days nor more than 30 days from the date on which the request for a hearing is received by the Department of Insurance, Securities, and Banking. The hearing and its disposition shall be governed by the rules for contested cases set forth in Title 26 (Insurance) of the District of Columbia Municipal Regulations (26 DCMR).
  (4) The resignation, separation, or termination of a director, trustee, officer, employee, or agent (including a separation caused by the liquidation of a corporation issued a certificate of authority under this chapter) shall not affect the jurisdiction and authority of the Mayor to issue any notice and proceed under this subsection against any such individual, if the notice is served before the end of the 3-year period beginning on the date on which the individual ceased to be a director, trustee, officer, employee, or agent.
(c) Whenever the Mayor determines that a corporation issued a certificate of authority under this chapter, or that a director, trustee, officer, employee, or agent of such a corporation has committed or is about to commit a violation of this chapter or of any rule, regulation, or order issued hereunder, the Mayor may issue an order directing such corporation or individual to cease and desist from violating or continuing to violate this chapter or any such rule, regulation, or order, subject to the notice, hearing, and other procedural requirements in subsection (b) of this section.
(d) The foregoing penalties and remedies shall be in addition to, and not in lieu of, any other penalty which may be imposed pursuant to any other provision of law which this chapter makes applicable to a corporation and its officers, directors, employees, and agents. This section shall not be construed to prevent any person financially damaged by a director, trustee, officer, employee, or agent of a corporation from bringing a separate cause of action in a court of competent jurisdiction.
(e) Whenever the Mayor determines that a corporation issued a certificate of authority under this chapter, or that a director, trustee, officer, employee, or agent of such a corporation, has willfully violated this chapter, the Mayor shall report such violation to the Corporation Counsel of the District of Columbia. Willful violations of this chapter shall be deemed misdemeanors, except where other provisions of this chapter or other provisions of law made applicable by this chapter provide for greater criminal liability. Prosecutions authorized by this section shall be upon information filed in the Superior Court of the District of Columbia by the Corporation Counsel or any of his or her assistants. Any corporation convicted of a willful violation of this chapter shall be fined in an amount not to exceed $50,000 for each violation. In addition to any fines or punishments imposed for violations of any other laws, any individual convicted of a willful violation of this chapter shall be fined in an amount not to exceed $5,000 for each violation; or, if such violation involves the deliberate perpetration of a fraud upon the corporation, its subscribers, or the Mayor, imprisoned for not more than 1 year, or both.
D.C. Code § 31-3836 — DC Code / Title 31 / Chapter 38B / § 31-3836
§ 31-3836. Regulations.
Status: in_force

The Commissioner shall promulgate regulations necessary to implement the provisions of this chapter within 180 days after April 3, 2001.
D.C. Code § 31-4328 — DC Code / Title 31 / Chapter 43 / § 31-4328
§ 31-4328. Brokers; issuance, revocation and renewal of required license; violations.
Status: repealed

Repealed.
D.C. Code § 31-2501.01 — DC Code / Title 31 / Chapter 25 / § 31-2501.01
§ 31-2501.01. Short title.
Status: in_force

This chapter shall be known as the “Fire and Casualty Act.”
D.C. Code § 31-1131.11 — DC Code / Title 31 / Chapter 11A / § 31-1131.11
§ 31-1131.11. Temporary licensing.
Status: in_force

(a) The Commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the Commissioner determines that the temporary license shall be necessary for the servicing of an insurance business for:
  (1) The surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or acquires a mental or physical disability to allow adequate time for the sale of the insurance business owned by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer’s business;
  (2) A member or employee of a business entity licensed as an insurance producer upon the death or disability of an individual designated in the business entity application or the license;
  (3) The designee of a licensed insurance producer entering active service in the armed forces of the United States of America; or
  (4) Any other circumstance that the Commissioner determines that the public interest will best be served by the issuance of the license.
(b) The Commissioner may, by order, limit the authority of a temporary licensee in any way which the Commissioner considers to be necessary to protect insureds and the public. The Commissioner may require the temporary licensee to have a suitable sponsor who is a licensed insurance producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The Commissioner may, by order, revoke a temporary license if the interests of the insureds or the public are endangered. A temporary license shall not continue after the owner or the personal representative disposes of the business.
D.C. Code § 31-1131.08 — DC Code / Title 31 / Chapter 11A / § 31-1131.08
§ 31-1131.08. Nonresident licensing.
Status: in_force

(a) A person may request a nonresident license if the person is licensed as a resident insurance producer in another state.
(a-1) A person requesting a nonresident insurance producer license shall make his or her request on a form, or through such means, prescribed by the Commissioner.
(a-2) Unless denied licensure under § 31-1131.12 or granted a resident insurance producer license by meeting the requirements of §§ 31-1131.05 and 31-1131.06 , a nonresident person shall receive a nonresident insurance producer license if:
  (1) The person is currently licensed as a resident and in good standing in his or her home state;
  (2) The person has submitted the proper request for a nonresident insurance producer license and has paid the fees as prescribed by the Commissioner; and
  (3) The person has submitted or transmitted to the Commissioner a completed NAIC Uniform Application or the application for licensure that the person submitted to his or her home state.
(b) The Commissioner may verify the insurance producer’s licensing status through the producer database maintained by the NAIC, its affiliates, or subsidiaries.
(c) Repealed.
(d) Notwithstanding any other provision of this chapter, a person licensed as a surplus lines producer in his or her home state shall receive a nonresident surplus lines producer license under subsection (a) of this section. Except as provided in subsection (a) of this section, this section shall not amend or supersede any provision of §§ 31-2502.39 and 31-2502.40 .
(e) Notwithstanding any other provision of this chapter, a person licensed as a limited line insurance producer in his or her home state shall receive a nonresident limited lines insurance producer license under subsection (a) of this section granting the same scope of authority as granted under the license issued by the producer’s home state. For the purposes of this subsection, the term “limited line insurance” means any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines under § 31-1131.07(a)(1) through (6).
(f) An applicant may qualify for a license under this chapter as a nonresident only if the applicant holds an equivalent license in the applicant’s home state. A license issued to a nonresident of the District shall grant the same rights and privileges as a resident licensee.
(g) Repealed.
(h) Any license and appointment issued to a nonresident pursuant to this section shall be terminated at any time that the nonresident’s equivalent authority in his or her home state is terminated, suspended, or revoked.
D.C. Code § 31-4415 — DC Code / Title 31 / Chapter 44 / § 31-4415
§ 31-4415. Capital stock records.
Status: in_force

(a) It shall be the duty of the directors of every domestic stock company to cause a record to be kept by the treasurer or secretary of the company or by the stock transfer agent of the company containing the names of all persons, alphabetically arranged, who are or shall within 6 years have been stockholders of such company, and showing their place of residence, the number of shares of capital stock held by them, respectively, the time when they became owners of such shares, and the amount of capital stock actually paid in.
(b) Such record shall, during the usual business hours of the day, on every business day, be open for inspection by policyholders, stockholders, creditors of the company, and the personal representatives of such policyholders, stockholders, and creditors at the office or principal place of business of such company in the place where its business operations shall be located in the District of Columbia, or at the office of the stock transfer agent located in the District of Columbia, and any policyholder, stockholder, creditor, or representative shall have a right to make extracts from such record.
(c) Such record shall be presumptive evidence of the facts therein stated in favor of the plaintiff in any suit or proceeding against such company or against any 1 or more stockholders.
(d) Every officer, stock transfer agent, or any other agent of any company who shall neglect to make any proper entry in such record, or shall refuse or neglect to exhibit the same, or allow the same to be inspected and extracts to be taken therefrom, as herein provided, shall be deemed guilty of a misdemeanor and the company shall pay to the party injured a penalty of $50 for any such neglect or refusal, and all damages resulting therefrom.
(e) Every company that shall neglect to have such record kept open for inspection, as herein provided, shall forfeit to the District the sum of $50 for every day it shall so neglect, to be sued for and recovered by the Commissioner, the Corporation Counsel representing him, in the Superior Court of the District of Columbia.
D.C. Code § 31-5314 — DC Code / Title 31 / Chapter 53 / § 31-5314
§ 31-5314. Beneficiaries.
Status: in_force

(a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.
(b) A society may make provision for the payment of funeral benefits to the extent the portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member.  The portion so paid shall not exceed $2,000.
(c) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of the benefit, except to the extent that funeral benefits may be paid as provided in subsection (b) of this section, shall be payable to the estate of the deceased insured in the same manner as other property not exempt.  If the owner of the certificate is other than the insured, the proceeds shall be payable to the owner.
D.C. Code § 31-2901 — DC Code / Title 31 / Chapter 29 / § 31-2901
§ 31-2901. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Baseline mammogram” means a screening mammogram that is used as a comparison for future examinations.
(2) “Screening mammogram” means a low dose x-ray used to visualize the internal structure of the breast.
(3) “Cytologic screening” means a pap test to detect cervical cancer through the simple microscopic examination of cells scraped from the surface of the cervix.
(4) “Health benefit plan” means any accident and health insurance policy or certificate, hospital and medical services corporation contract, health maintenance organization subscriber contract, plan provided by a multiple employer welfare arrangement, or plan provided by another benefit arrangement. The term “health benefit plan” does not mean accident only, credit, or disability insurance; coverage of Medicare services or federal employee health plans, pursuant to contracts with the United States government; Medicare supplemental or long-term care insurance; dental only or vision only insurance; specified disease insurance; hospital confinement indemnity coverage; limited benefit health coverage; coverage issued as a supplement to liability insurance, insurance arising out of a workers’ compensation or similar law; automobile medical payment insurance; medical expense and loss of income benefits; or insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability insurance policy or equivalent self-insurance.
D.C. Code § 31-1373.03 — DC Code / Title 31 / Chapter 13A / § 31-1373.03
§ 31-1373.03. General 5% diversification, medium and lower grade investments, and Canadian investments.
Status: in_force

(a) (1) Except as otherwise specified in this chapter, an insurer shall not acquire, directly or indirectly through an investment subsidiary, an investment under this chapter if, as a result of and after giving effect to the investment, the insurer would hold more than 5% of its admitted assets in investments of all kinds issued, assumed, accepted, insured, or guaranteed by a single person.
  (2) The 5% limitation shall not apply to the aggregate amounts insured by a single financial guaranty insurer with the highest generic rating issued by a nationally recognized statistical rating organization.
  (3) Asset-backed securities shall not be subject to the limitations of paragraph (1) of this subsection; provided, that an insurer shall not acquire an asset-backed security if, as a result of and after giving effect to the investment, the aggregate amount of asset-backed securities secured by or evidencing an interest in a single asset or single pool of assets held by a trust or other business entity, held by the insurer would exceed 5% of its admitted assets.
(b) (1) An insurer shall not acquire, directly or indirectly through an investment subsidiary, an investment under § 31-1373.04 , § 31-1373.07 , or § 31-1373.10 , or counterparty exposure under § 31-1373.11(d) if, as a result of and after giving effect to the investment:
    (A) The aggregate amount of all medium and lower grade investments held by the insurer would exceed 20% of its admitted assets;
    (B) The aggregate amount of lower grade investments held by the insurer would exceed 10% of its admitted assets;
    (C) The aggregate amount of investments rated 5 or 6 by the SVO held by the insurer would exceed 5% of its admitted assets;
    (D) The aggregate amount of investments rated 6 by the SVO held by the insurer would exceed one percent of its admitted assets; or
    (E) The aggregate amount of medium and lower grade investments held by the insurer that receive as cash income less than the equivalent yield for Treasury issues with a comparative average life would exceed one percent of its admitted assets.
  (2) An insurer shall not acquire, directly or indirectly through an investment subsidiary, an investment under § 31-1373.04 , § 31-1373.07 , or § 31-1373.10 , or counterparty exposure under § 31-1373.11(d) if, as a result of and after giving effect to the investment:
    (A) The aggregate amount of medium and lower grade investments issued, assumed, guaranteed, accepted, or insured by any one person or, as to asset-backed securities secured by or evidencing an interest in a single asset or pool of assets, held by the insurer would exceed one percent of its admitted assets; or
    (B) The aggregate amount of lower grade investments issued, assumed, guaranteed, accepted, or insured by any one person or, as to asset-backed securities secured by or evidencing an interest in a single asset or pool of assets, held by the insurer would exceed 0.5% of its admitted assets.
  (3) If an insurer attains or exceeds the limit of any one rating category under this subsection, the insurer shall not be precluded from acquiring investments in other rating categories subject to the specific and multi-category limits applicable to those investments.
(c) (1) An insurer shall not acquire, directly or indirectly through an investment subsidiary, a Canadian investment authorized by this chapter if, as a result of and after giving effect to the investment:
    (A) The aggregate amount of these investments held by the insurer would exceed 40% of its admitted assets; or
    (B) The aggregate amount of Canadian investments not acquired under § 31-1373.04(b) held by the insurer would exceed 25% of its admitted assets.
  (2) As to an insurer that is authorized to do business in Canada or that has outstanding insurance, annuity, or reinsurance contracts on lives or risks resident or located in Canada and denominated in Canadian currency, the limitations of paragraph (1) of this subsection shall be increased by the greater of:
    (A) The amount the insurer is required by Canadian law to invest in Canada or to be denominated in Canadian currency; or
    (B) One hundred twenty-five percent of the amount of its reserves and other obligations under contracts on risks resident or located in Canada.
D.C. Code § 31-5201 — DC Code / Title 31 / Chapter 52 / § 31-5201
§ 31-5201. Maintenance of reinsurance reserve fund by life and fire insurance companies or associations; suspension or revocation of license for insolvency or impairment of capital; aiding unlicensed companies or associations; issuance of license.
Status: in_force

(a) All life and fire insurance companies or associations licensed to do business in said District shall be required to maintain a reinsurance reserve fund; and whenever any such company or association not excepted from the operations hereof shall become insolvent or impaired to the extent of 25% of its capital stock it shall be the duty of the Commissioner to suspend its license; and unless such impairment or insolvency shall be made good within 60 days thereafter, it shall be the duty of the Commissioner of the Department of Insurance, Securities, and Banking to revoke its license to do business in the District; and it shall be unlawful for any insurance company, association, or order to do business in the District without a license, or to continue business after the revocation of its license, and any such company or association violating this provision shall be liable to a penalty of $20 for each day it transacts business without such license to be recovered by the Mayor of the District by an action of debt in any court of the District of competent jurisdiction. And any person who shall aid in carrying on the business of any such company, or shall act as agent or solicitor for any company not licensed to do business in said District, or whose license is revoked, shall be guilty of a misdemeanor, and on conviction thereof in the Superior Court of the District of Columbia shall be punished by a fine not exceeding $100, or, in default of payment thereof, by imprisonment in the jail of the District for not less than 10 nor more than 60 days. And the Commissioner of the Department of Insurance, Securities, and Banking shall issue such license to any such insurance company or association whenever it shall have complied with the provisions of § 31-202 , subject, however, to the provisions of §§ 31-5901 [repealed] and 31-5902 [repealed]; provided, that the Commissioner of the Department of Insurance, Securities, and Banking shall have power to make an official examination into the affairs of any insurance company or association organized under the laws of the District of Columbia, or having its principal office therein, at his discretion, for the purpose of ascertaining whether such company is impaired or insolvent, as aforesaid. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this section, or any rules or regulations issued under the authority of this section, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this section shall be pursuant to Chapter 18 of Title 2.
(b) Any license issued pursuant to this section shall be issued as a Financial Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
D.C. Code § 31-1807 — DC Code / Title 31 / Chapter 18 / § 31-1807
§ 31-1807. Prohibited acts.
Status: in_force

The reinsurance manager shall not:
(1) Cede retrocessions on behalf of the reinsurer, except that the reinsurance manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for retrocessions. These guidelines shall include a list of reinsurers with which the automatic agreements are in effect, and for each reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules;
(2) Commit the reinsurer to participate in reinsurance syndicates;
(3) Appoint any broker without assuring that the broker is lawfully licensed to transact the type of reinsurance for which he or she is appointed;
(4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1% of the reinsurer’s policyholder’s surplus as of December 31 of the last complete calendar year;
(5) Collect any payment from a retrocessionaire, or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer;
(6) Jointly employ an individual who is employed by the reinsurer unless the reinsurance manager is under common control with the reinsurer subject to Chapter 7 of this title ; or
(7) Appoint a sub-reinsurance manager.
D.C. Code § 31-3303.12 — DC Code / Title 31 / Chapter 33 / § 31-3303.12
§ 31-3303.12. Affiliation period.
Status: in_force

(a) A health maintenance organization which does not impose any preexisting condition exclusion, with respect to any particular coverage option, may impose an affiliation period for such coverage option, but only if such period is applied uniformly without regard to any health status-related factors and such period does not exceed 2 months (or 3 months in the case of a late enrollee).
(b) An affiliation period as described in subsection (a) of this section shall begin on the enrollment date.
(c) An affiliation period under a plan shall run concurrently with any waiting period under the plan.
D.C. Code § 31-4402 — DC Code / Title 31 / Chapter 44 / § 31-4402
§ 31-4402. Formation — Filing, notice and bond requirements.
Status: in_force

The incorporators shall file such articles with the Commissioner and shall publish in a newspaper of general circulation in the District notice of the filing of such articles and of the intention to form such company. Copy of such notice verified by the oath of the publisher of the newspaper, or his agent, copies of proposed bylaws and forms of subscription for capital stock and of proposed applications for membership and for insurance and of all proposed forms of insurance policies, literature, and advertisements shall be filed with the Commissioner. The incorporators shall also file with the Commissioner a bond payable to the Commissioner and his successors, as trustee, in the sum of $10,000 with approved corporate sureties, and conditioned upon the faithful accounting to the proposed company, on completion of its organization and the receipt of its certificate of authority from the Commissioner, or the stockholders, members, applicants for policies, and creditors, or the trustee, receiver, or assignee of the proposed company, duly appointed in any proceedings in any court or department of competent jurisdiction in the District, in accordance with their respective rights in case the organization of the proposed company shall not be completed and a certificate of authority shall not be procured from the Commissioner.
D.C. Code § 31-1301 — DC Code / Title 31 / Chapter 13 / § 31-1301
§ 31-1301. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Ancillary state” means any state other than a domiciliary state.
(1A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(2) “Creditor” is a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent.
(3) “Delinquency proceeding” means any proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing, or conserving the insurer, and any summary proceeding under § 31-1308 .
(4) “District” means the District of Columbia.
(5) “Doing business” includes any of the following acts, whether effected by mail or otherwise:
  (A) The issuance or delivery of contracts of insurance to persons resident in the District;
  (B) The solicitation of applications for the contracts, or other negotiations preliminary to the execution of the contracts;
  (C) The collection of premiums, membership fees, assessments, or other consideration for the contracts;
  (D) The transaction of matters subsequent to execution of the contracts and arising out of them; or
  (E) Operating under a license or certificate of authority, as an insurer, issued by the District.
(6) “Domiciliary state” means the state in which an insurer is incorporated or organized, or, in the case of an alien insurer, its state of entry.
(7) “Fair consideration” is given for property or obligation:
  (A) When, in exchange for the property or obligation, as a fair equivalent therefor and in good faith, property is conveyed, services are rendered, an obligation is incurred, or an antecedent debt is satisfied; or
  (B) When the property or obligation is received in good faith to secure a present advance or antecedent debt in an amount not disproportionately small as compared to the value of the property or obligation obtained.
(8) “Foreign country” means any other jurisdiction not in any state.
(9) “Formal delinquency proceeding” means any liquidation or rehabilitation proceeding.
(10) “General assets” means all property, real, personal, or otherwise, not specifically mortgaged, pledged, deposited, or otherwise encumbered for the security or benefit of specified persons or classes of persons. As to specifically encumbered property, the term “general assets” includes all the property or its proceeds in excess of the amount necessary to discharge the sum or sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors, in more than a single state, shall be treated as general assets.
(11) “Guaranty association” means the District of Columbia Property and Casualty Insurance Guaranty Association, and any other similar entity now or hereafter created by the Council of the District of Columbia for the payment of claims of insolvent insurers. The term “foreign guaranty association” means any similar entities now in existence in or hereafter created by the legislature of any other state.
(12) “Insolvency” or “insolvent” means:
  (A) For an insurer issuing only assessable fire insurance policies:
    (i) The inability to pay any obligation within 30 days after it becomes payable; or
    (ii) If an assessment be made within 30 days after the date, the inability to pay the obligation 30 days following the date specified in the first assessment notice issued after the date of loss;
  (B) For any other insurer, that it is unable to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of:
    (i) Any capital and surplus required by law for its organization; or
    (ii) The total par or stated value of its authorized and issue capital stock;
  (C) As to any insurer licensed to do business in the District as of October 15, 1993, which does not meet the standard established under subparagraph (B) of this paragraph for a period not to exceed 3 years from October 15, 1993, that it is unable to pay its obligations when they are due or that its admitted assets do not exceed its liabilities plus any required capital contribution ordered by the Commissioner under provisions of the insurance law; and
  (D) For purposes of this paragraph, the term “liabilities” shall include, but not be limited to, capital, surplus, or other reserves required by statute or by insurance administration general regulations, or specific requirements imposed by the Commissioner upon a subject company at the time of admission or subsequent thereto.
(13) “Insurer” means any person who has done, purports to do, is doing, or is licensed to do an insurance business, and is or has been subject to the authority of, or to liquidation, rehabilitation, reorganization, supervision, or conservation by, any insurance superintendent or commissioner.
(14) “Person” means corporations, partnerships, associations, trusts, and individual natural persons.
(15) “Preferred claim” means any claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer.
(16) “Receiver” means receiver, liquidator, rehabilitator, or conservator as the context requires.
(17) “Reciprocal state” means any state other than the District in which in substance and effect §§ 31-1316(a) , 31-1350 , 31-1351 , and 31-1353 through 31-1355 are in force, and in which provisions are in force requiring that the Commissioner or equivalent official be the receiver of a delinquent insurer, and in which fraudulent conveyances and preferential transfers by a delinquent insurer may be avoided.
(18) “Secured claim” means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise, but not including special deposit claims or claims against general assets. The term “secured claim” also includes claims which have become liens upon specific assets by reason of judicial process.
(19) “Special deposit claim” means any claim secured by a deposit made pursuant to statute for the security or benefit of a limited class or classes of persons, but not including any claim secured by general assets.
(20) “State” means any state, district, or territory of the United States and the Panama Canal Zone.
(21) Repealed.
(22) “Transfer” shall include the sale and every other and different mode, direct or indirect, of disposing of or parting with property or with an interest therein, or with the possession thereof or of fixing a lien upon property or upon an interest therein, absolutely or conditionally, voluntarily, by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor.
D.C. Code § 31-856 — DC Code / Title 31 / Chapter 8A / § 31-856
§ 31-856. Requests for disclosure.
Status: in_force

(a) The Commissioner, Corporation Counsel, or U.S. Attorney may request, in writing by certified mail, disclosure of an insurance compliance self-evaluative audit document within 30 days after the service of the request. The company that prepared the document or caused the document to be prepared may file with the appropriate court a petition requesting an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure. Failure by the company to file a petition waives the privilege for that particular document. A company asserting the insurance compliance self-evaluative privilege in response to a request for disclosure under this subsection shall include in its request the information set forth in subsection (d) of this section.
(b) Upon the filing of a petition under this section, the court shall issue an order scheduling, within 45 days after the filing of the petition, an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure.
(c) The court, after an in camera review, may require disclosure of material for which the privilege is asserted in accordance with § 31-854 or § 31-855 . The court shall compel only the disclosure of those portions of an insurance compliance self-evaluative audit document relevant to issues in dispute in the underlying proceeding. A compelled disclosure shall not be considered to be a public document or be deemed to be a waiver of the privilege for any other civil, criminal, or administrative proceeding. A company unsuccessfully opposing disclosure may apply to the court for an order protecting the document from further disclosure.
(d) A company asserting the privilege in response to a request for disclosure under this section shall provide to the Commissioner, Corporation Counsel, or U.S. Attorney, as the case may be, at the time of filing any objection to the disclosure that:
  (A) The date and time that the insurance compliance self-evaluative audit document was prepared;
  (B) The identity of the entity conducting the audit;
  (C) The general nature of the activities covered by the insurance compliance audit; and
  (D) An identification of the portions of the insurance compliance self evaluative audit document for which the privilege is being asserted.
D.C. Code § 31-707 — DC Code / Title 31 / Chapter 7 / § 31-707
§ 31-707. Examination.
Status: in_force

(a) Subject to the limitation contained in this section and in addition to the powers that the Mayor has under the insurance laws of the District relating to the examination of insurers, the Mayor shall have the power to examine any insurer registered under § 31-705 and the insurer’s affiliates to ascertain the financial condition of the insurer, including the enterprise risk to the insurer by the ultimate controlling party, any entity or combination of entities within the insurance holding company system, or the insurance holding company system on a consolidated basis.
(a-1) (1) The Mayor may order any insurer registered under § 31-705 to produce such records, books, or other information in the possession of the insurer or its affiliates as are reasonably necessary to determine compliance with this subchapter.
  (2) To determine compliance with this subchapter, the Mayor may order any insurer registered under § 31-705 to produce information not in the possession of the insurer if the insurer can obtain access to the information pursuant to contractual relationships, statutory obligations, or other method. If the insurer cannot obtain the information requested by the Mayor, the insurer shall provide the Mayor a detailed explanation of the reason that the insurer cannot obtain the information and the identity of the holder of information. Whenever it appears to the Mayor that the detailed explanation is without merit, the Mayor may require, after notice and hearing, the insurer to pay a penalty of $100 for each day’s delay, or may suspend or revoke the insurer’s license.
(b) The Mayor may retain, at the registered insurer’s expense, those attorneys, actuaries, accountants and other experts not otherwise a part of the Mayor’s staff reasonably necessary to assist in the conduct of the examination under subsection (a) of this section. Any person so retained shall be under the direction and control of the Mayor and shall act in a purely advisory capacity.
(c) Each registered insurer producing records, books and papers for examination pursuant to subsection (a) of this section shall be liable for and shall pay the expense of the examination in accordance with Chapter 14 of this title governing cost of examinations.
(d) If the insurer fails to comply with an order issued pursuant to this section, the Mayor shall have the power to examine the records, books, or other information in the possession of the insurer’s affiliates to obtain the relevant information. The Mayor shall also have the power to issue subpoenas, to administer oaths, and to examine under oath any person for purposes of determining compliance with this section. Upon the failure or refusal of any person to obey a subpoena, the Mayor may petition a court of competent jurisdiction, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court. Every person shall be obliged to attend as a witness at the place specified in the subpoena, when subpoenaed, anywhere within the District. A person shall be entitled to the same fees and mileage, if claimed, as a witness in the Superior Court of the District of Columbia, which fees, mileage, and actual expense, if any, necessarily incurred in securing the attendance and testimony of witness shall be itemized and charged against, and be paid by, the company being examined.
D.C. Code § 31-5007 — DC Code / Title 31 / Chapter 50 / § 31-5007
§ 31-5007. Immunity from liability in regard to statements concerning insurability.
Status: in_force

There shall be no liability on the part of, and no cause of action of any nature shall arise against, insurers, any inspection bureau, the Industry Placement Facility, the Joint Underwriting Association, the agents or employees of such bureau, Facility, or Association, or any officer or employee of the District of Columbia, for any statements made in good faith by them concerning the insurability of property: (1) In any reports or other communications; (2) at the time of the hearings conducted in connection therewith; or (3) in the findings with respect thereto required by the provisions of this chapter. The reports and communications of any inspection bureau, the Industry Placement Facility, and the Joint Underwriting Association with respect to individual properties shall not be open to inspection by, or otherwise available to, the public.
D.C. Code § 31-5608.01 — DC Code / Title 31 / Chapter 56 / § 31-5608.01
§ 31-5608.01. Scope of Chapter.
Status: in_force

(a) Sections 31-5602.01, 31-5603.01, 31-5605.01, or 31-5605.02, 31-5605.05, and 31-5606.05 shall apply to a person who sells, or offers to sell, when an offer to sell is made in the District or an offer to purchase is made and accepted in the District.
(b) Sections 31-5602.01, 31-5605.01, or 31-5605.02, and 31-5605.05 shall apply to a person who purchases, or offers to purchase, when an offer to purchase, is made in the District or an offer to sell is made and accepted in the District.
(c) For the purpose of this section, an offer to sell or to purchase is made in the District, whether or not either person is present in the District, if the offer originates in the District, or is directed by the offeror to a destination in the District and received where it is directed or at a post office in the District if the offer is mailed.
(d) For the purpose of this section, an offer to purchase or to sell is accepted in the District if the acceptance is communicated to the offeror in the District and has not previously been communicated to the offeror, orally or in writing, outside the District. The acceptance is communicated to the offeror in the District, whether or not either party is then present in the District, when the offeree directs it to the offeror in the District reasonably believing the offeror to be in the District and it is received at the place to which it is directed or at any post office in the District in the case of a mailed acceptance.
(e) An offer to sell or purchase is not made in the District when the publisher circulates, or there is circulated on the publisher’s behalf, in the District a bona fide newspaper or other publication of general, regular, and paid circulation which is not published in the District, or which is published in the District, but has had more than 2/3 of its circulation outside the District during the last 12 months, or a radio or television program originating outside the District is received in the District.