D.C. Code § 31-2502.36 — DC Code / Title 31 / Chapter 25 / § 31-2502.36
§ 31-2502.36. Revocation and suspension of licenses.
Status: repealed

Repealed.
D.C. Code § 31-5812 — DC Code / Title 31 / Chapter 58 / § 31-5812
§ 31-5812. Violations of chapter — Suspension, revocation, or nonrenewal of insurer’s license.
Status: repealed

Repealed.
D.C. Code § 31-3522 — DC Code / Title 31 / Chapter 35 / § 31-3522
§ 31-3522. Appeals.
Status: in_force

If, within the time for approval, the Mayor sends notice of disapproval of the proposed form of any subscriber contract, of proposed contract rates, or of any management contract or service agreement required by this chapter to be approved by the Mayor, the affected corporation may contest the Mayor’s decision. Any action to contest the Mayor’s decision shall be initiated within 30 days from the date on which the notice of decision is served on the corporation by delivering a written request for a hearing 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 action to contest the Mayor’s decision is received by the Department of Insurance, Securities, and Banking. The hearing and its disposition shall be governed by the procedures for contested cases in Chapter 1 of Title 26 (Insurance) of the District of Columbia Municipal Regulations (26 DCMR chapter 1).
D.C. Code § 31-3931.12 — DC Code / Title 31 / Chapter 39A / § 31-3931.12
§ 31-3931.12. Tax on premiums collected.
Status: in_force

(a) Except as otherwise provided in this section, a captive insurer shall pay to the District, not later than March 2 of each year, a tax at the rate of:
  (1) Two hundred fifty thousandths of one percent on the first $25 million of its net direct premiums;
  (2) One hundred fifty thousandths of one percent on the next $25 million of its net direct premiums; and
  (3) Fifty thousandths of one percent on each additional dollar of its net direct premiums.
(a-1) A captive insurer organized as a risk retention group, as defined in § 31-4101(12) , shall pay to the District, not later than March 2 of each year, a tax at the rate of:
  (1) Thirty-eight hundredths of 1% on the first $20 million of its total net direct premiums;
  (2) Twenty-five hundredths of 1% on the next $20 million of its total net direct premiums; and
  (3) Eighteen hundredths of 1% on each additional dollar of its total net direct premiums.
(b) (1) Except as otherwise provided in this section, a captive insurer shall pay to the District, not later than March 2 of each year, a tax at the rate of:
    (A) Two hundred twenty-five thousandths of one percent on the first $25 million of revenue from assumed reinsurance premiums;
    (B) One hundred fifty thousandths of one percent on the next $25 million of revenue from assumed reinsurance premiums; and
    (C) Twenty-five thousandths of one percent on each additional dollar of revenue from assumed reinsurance premiums.
  (2) The tax on reinsurance premiums pursuant to this subsection shall not be levied on premiums for risks or portions of risks which are subject to taxation on a direct basis pursuant to subsection (a) of this section. A captive insurer shall not pay any reinsurance premium tax pursuant to this subsection on revenue related to the receipt of assets by the captive insurer in exchange for the assumption of loss reserves and other liabilities of another insurer that is under common ownership and control with the captive insurer, if the transaction is part of a plan to discontinue the operation of the other insurer and the intent of the parties to the transaction is to renew or maintain such business with the captive insurer.
(c) If the sum of the taxes to be paid by a captive insurer, other than a risk retention group licensed as an association captive insurer, calculated pursuant to subsections (a) and (b) of this section is less than $7,500 in any given year, the captive insurer shall pay a minimum tax of $7,500 for the year.
(d) If the sum of the taxes to be paid by a risk retention group, licensed as an association captive insurer, calculated pursuant to subsections (a-1) and (b) of this section is less than $15,000 in any given year, the captive insurer shall pay a minimum tax of $15,000 for the year.
(e) The total tax paid by a captive insurer shall not exceed $100,000 in any year.
(f) In the case of a branch captive insurer, the tax provided for in this section shall apply only to the branch business of the branch captive insurer.
(g) In the case of annuity business, the tax provided for in this section shall not apply.
(h) Notwithstanding any specific statute to the contrary and except as otherwise provided in this subsection, the tax provided for by this section shall constitute all the taxes collectible pursuant to the laws of the District from a captive insurer, and no occupation tax or other taxes shall be levied or collected from a captive insurer by the District, except for real property taxes pursuant to Chapter 8 of Title 47 or personal property taxes pursuant to subchapter II of Chapter 15 of Title 47 .
(i) A captive insurer that is issued a certificate of authority during the last quarter of the calendar year may file a written request with the Commissioner for a reduction in the minimum premium tax obligation calculated pursuant to subsections (c) and (d) of this section. The Commissioner may grant the a [sic] request pursuant to an appropriate methodology adopted by rule.
(j) The tax provided for in this section shall be calculated on an annual basis, notwithstanding policies, contracts, insurance, or contracts of reinsurance issued on a multiyear basis. In the case of multiyear policies or contracts, the premium shall be prorated for purposes of determining the tax obligation under this section.
(k) One hundred percent of the revenues collected from the tax imposed pursuant to this section shall be credited to the account for the regulation and supervision of captive insurers created by § 31-1202(BB) .
(l) Repealed.
D.C. Code § 31-2993.03 — DC Code / Title 31 / Chapter 29B / § 31-2993.03
§ 31-2993.03. Right to file grievance.
Status: in_force

This chapter shall not limit, prohibit, or modify a qualified individual’s right to:
(1) File a grievance and use an independent review process, if available; or
(2) Use the independent medical review system.
D.C. Code § 31-704 — DC Code / Title 31 / Chapter 7 / § 31-704
§ 31-704. Acquisitions involving insurers not otherwise covered.
Status: in_force

(a) For the purposes of this section, the term:
  (1) “Acquisition” means any agreement, arrangement, or activity the consummation of which results in a person acquiring, directly or indirectly, the control of another person, and includes, but is not limited to, the acquisition of voting securities, the acquisition of assets, bulk reinsurance, and mergers.
  (2) “Involved insurer” means an insurer that either acquires or is acquired, is affiliated with an acquirer or acquired, or is the result of a merger.
(b) (1) Except as provided in paragraph (2) of this subsection, this section applies to any acquisition in which there is a change in control of an insurer authorized to do business in the District.
  (2) This section shall not apply to the following:
    (A) Repealed;
    (B) A purchase of securities solely for investment purposes as long as the securities are not used by voting or otherwise to cause, or attempt to cause, the substantial lessening of competition in any insurance market in the District. If a purchase of securities results in a presumption of control as defined in § 31-701(2) , it is not solely for investment purposes unless the Commissioner of Insurance or other appropriate official of the insurer’s state of domicile accepts a disclaimer of control or affirmatively finds that control does not exist and the disclaimer action or affirmative finding is communicated by the domiciliary Commissioner to the Mayor;
    (C) The acquisition of a person by another person when both persons are neither directly nor through affiliates primarily engaged in the business of insurance, if preacquisition notification is filed with the Mayor in accordance with subsection (c)(1) of this section 30 days prior to the proposed effective date of the acquisition. This preacquisition notification is not required for exclusion from this section if the acquisition would otherwise be excluded from this section by any other subparagraph of paragraph (2) of this subsection;
    (D) The acquisition of already affiliated persons;
    (E) (i) An acquisition if, as an immediate result of the acquisition:
        (I) In no market would the combined market share of the involved insurers exceed 5% of the total market;
        (II) There would be no increase in any market share; or
        (III) In no market would the combined market share of the involved insurers exceed 12% of the total market, and the market share increases by more than 2% of the total market.
      (ii) For the purposes of this subparagraph, the term “market” means direct written insurance premium in the District for a line of business as contained in the annual statement required to be filed by insurers licensed to do business in the District;
    (F) An acquisition for which a preacquisition notification would be required pursuant to this section due solely to the resulting effect on the ocean marine insurance line of business; and
    (G) An acquisition of an insurer whose domiciliary state insurance commissioner or other appropriate official affirmatively finds that the insurer is in failing condition, there is a lack of a feasible alternative to improving the condition, the public benefits of improving the insurer’s condition through the acquisition exceed the public benefits that would arise from not lessening competition, and these findings are communicated by the domiciliary state insurance commissioner or other appropriate official to the Mayor.
(c) (1) An acquisition covered by subsection (b) of this section may be subject to an order pursuant to subsection (e) of this section unless the acquiring person files a preacquisition notification and the waiting period has expired. The acquired person may file a preacquisition notification. The Mayor shall give confidential treatment to information submitted under this subsection in the same manner as provided in § 31-708 .
  (2) The preacquisition notification shall be in the form and contain the information prescribed by the National Association of Insurance Commissioners relating to those markets which, under subsection (b)(2)(E) of this section, cause the acquisition not to be exempted from the provisions of this section. The Mayor may require any additional material and information the Mayor deems necessary to determine whether the proposed acquisition, if consummated, would violate the competitive standard of subsection (d) of this section. The required information may include an opinion of an economist as to the competitive impact of the acquisition in the District accompanied by a summary of the education and experience of such person indicating his or her ability to render an informed opinion.
  (3) The waiting period required shall begin on the date of receipt by the Mayor of a preacquisition notification and shall end on the earlier of the 30th day after the date of the receipt or termination of the waiting period by the Mayor. Prior to the end of the waiting period, the Mayor, on a one-time basis, may require the submission of additional needed information relevant to the proposed acquisition, in which event the waiting period shall end on the earlier of the 30th day after receipt of the additional information by the Mayor or termination of the waiting period by the Mayor.
(d) (1) The Mayor may enter an order under subsection (e)(1) of this section with respect to an acquisition if there is substantial evidence that the effect of the acquisition may be to lessen substantially competition in any line of insurance in the District, or tend to create a monopoly therein, or if the insurer fails to file adequate information in compliance with subsection (c) of this section.
  (2) In determining whether a proposed acquisition would violate the competitive standard of paragraph (1) of this subsection, the Mayor shall consider the following:
    (A) Any acquisition covered under subsection (b) of this section involving 2 or more insurers competing in the same market is prima facie evidence of violation of the competitive standards if the market is highly concentrated and the involved insurers possess the following shares of the market:
    Insurer A Insurer B 4% 4% or more 10% 2% or more 15% 1% or more
    or, if the market is not highly concentrated and the involved insurers possess the following shares of the market:
    Insurer A Insurer B 5% 5% or more 10% 4% or more 15% 3% or more 19% 1% or more.
    (B) There is a significant trend toward increased concentration when the aggregate market share of any grouping of the largest insurers in the market, from the 2 largest to the 8 largest, has increased by 7% or more of the market over a period of time extending from any base year 5 to 10 years prior to the acquisition up to the time of the acquisition. Any acquisition or merger covered under subsection (b) of this section involving 2 or more insurers competing in the same market is prima facie evidence of violation of the competitive standard in paragraph (1) of this subsection if:
      (i) There is a significant trend toward increased concentration in the market;
      (ii) One of the insurers involved is one of the insurers in a grouping of large insurers showing the requisite increase in the market share; and
      (iii) Another involved insurer’s market is 2% or more.
    (C) For the purposes of this paragraph, the term:
      (i) “Insurer” includes any company or group of companies under common management, ownership, or control.
      (ii) “Market” means the relevant product and geographical markets. In determining the relevant product and geographical markets, the Mayor shall give due consideration to, among other things, the definitions or guidelines, if any, promulgated by the National Association of Insurance Commissioners and to information, if any, submitted by parties to the acquisition. In the absence of sufficient information to the contrary, the relevant product market is assumed to be the direct written insurance premium for a line of business, the line being that used in the annual statement required to be filed by insurers doing business in the District, and the relevant geographical market is assumed to be the District.
    (D) The burden of showing prima facie evidence of violation of the competitive standard rests upon the Mayor.
    (E) Even though an acquisition is not prima facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, the Mayor may establish the requisite anticompetitive effect based upon other substantial evidence. Even though an acquisition is prima facie violative of the competitive standard under subparagraphs (A) and (B) of this paragraph, a party may establish the absence of the requisite anticompetitive effect based upon other substantial evidence. Relevant factors in making a determination under this paragraph include, but are not limited to, the following: market shares, volatility of ranking of market leaders, number of competitors, concentration, trend of concentration in the industry, and ease of entry and exit into the market.
  A highly concentrated market is one in which the share of the 4 largest insurers is 75% or more of the market. Percentages not shown in the tables are interpolated proportionately to the percentages that are shown. If more than 2 insurers are involved, exceeding the total of the 2 columns in the table is prima facie evidence of violation of the competitive standard in paragraph (1) of this subsection. For the purposes of this subparagraph, the insurer with the largest share of the market shall be deemed to be Insurer A.
  (3) An order may not be entered under subsection (e)(1) through (4) of this section if:
    (A) The acquisition will yield substantial economies of scale or economies in resource utilization that feasibly cannot be achieved in any other way, and the public benefits which would arise from these economies exceed the public benefits which would arise from not lessening competition; or
    (B) The acquisition will substantially increase the availability of insurance, and the public benefits of this increase exceed the public benefits which would arise from not lessening competition.
(e) (1) If an acquisition violates the standards of this section, the Mayor may enter an order:
    (A) Requiring an involved insurer to cease and desist from doing business in the District with respect to the line or lines of insurance involved in the violation; or
    (B) Denying the application of an acquired or acquiring insurer for a license to do business in the District.
  (2) An order under this subsection shall not be entered unless:
    (A) There is a hearing;
    (B) Notice of the hearing is issued prior to the end of the waiting period and not less than 15 days prior to the hearing; and
    (C) The hearing is concluded and the order is issued no later than 60 days after the end of the waiting period. Every order shall be accompanied by a written decision of the Mayor setting forth findings of fact and conclusions of law.
  (3) An order entered under this subsection shall not become final earlier than 30 days after it is issued, during which time the involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such a plan or other information, the Mayor shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of this section would be remedied and the order vacated or modified.
  (4) An order pursuant to this subsection shall not apply if the acquisition is not consummated.
  (5) Any person who violates a cease and desist order of the Mayor under paragraph (1) of this subsection while such an order is in effect may, after notice and hearing and upon order of the Mayor, be subject, at the discretion of the Mayor, to any one or more of the following:
    (A) A monetary administrative penalty of not more than $10,000 for every day of violation; or
    (B) Suspension or revocation of the person’s license.
  (6) Any insurer or other person who fails to make any filing required by this section, and who also fails to demonstrate a good faith effort to comply with any filing requirement, shall be subject to an administrative fine of not more than $50,000.
(f) Sections 31-709(b) and (c) and 31-711 do not apply to acquisitions covered under subsection (b) of this section.
D.C. Code § 31-103 — DC Code / Title 31 / Chapter 1 / § 31-103
§ 31-103. Functions and duties.
Status: in_force

(a) The functions and duties contained and referenced herein are transferred to the Department and shall be performed by the following major organizational components of the Department.
  (1) All duties and responsibilities in respect to the regulation of life and health and property and casualty insurance, insurers, and health maintenance organizations that heretofore have been given to the Mayor, the Superintendent of Insurance, or the Insurance Administrator, by virtue of various District of Columbia laws, shall be assumed by the Commissioner of Insurance and Securities who shall exercise those regulatory responsibilities through the Insurance Bureau.
  (2) All functions and duties assigned to the Public Service Commission in Chapter 36 [repealed] of Title 3 and Chapter 37 [repealed] of Title 3, shall be assumed by the Commissioner, who shall exercise those regulatory responsibilities through the Securities and Banking Bureau.
  (3) Pursuant to §§ 26-551.03 and 26-551.05 , the Commissioner, through the Securities and Banking Bureau, shall administer the District of Columbia Banking Code, as defined in § 26-551.02(14) .
(b) The Mayor, at his or her discretion, may transfer the regulatory functions and duties of other executive offices and agencies to the Department.
D.C. Code § 31-3418 — DC Code / Title 31 / Chapter 34 / § 31-3418
§ 31-3418. Examinations.
Status: repealed

Repealed.
D.C. Code § 31-708 — DC Code / Title 31 / Chapter 7 / § 31-708
§ 31-708. Confidential treatment.
Status: in_force

(a) Documents, materials, or other information in the possession or control of the Department of Insurance, Securities, and Banking that are obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made under § 31-707 , and all information reported under §§ 31-705 and 31-706 , shall be confidential and privileged; shall not be subject to subchapter II of Chapter 5 of Title 2; shall not be subject to subpoena; and shall not be subject to discovery or admissible in evidence in a private civil action; provided, that:
  (1) The Commissioner may use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the Commissioner’s official duties.
  (2) The Commissioner may make the documents, materials, or other information public with the prior written consent of the insurer to which it pertains.
  (3) If the Commissioner, after giving the insurer and its affiliates who would be affected notice and opportunity to be heard, determines that the interest of policyholders, shareholders or the public will be served by the publication of the documents, materials, or other information, the Commissioner may publish all or any part of the documents, materials, or other information in the manner that the Commissioner considers appropriate.
(b) The Commissioner or any person who received documents, materials, or other information while acting under the authority of the Commissioner or any person with whom such documents, materials, or other information are shared pursuant to this subchapter shall not be permitted or required to testify in a private civil action concerning confidential documents, materials, or other information subject to subsection (a) of this section.
(c) To assist in the performance of the Commissioner’s duties, the Commissioner:
  (1) May share documents, materials, or other information, including confidential and privileged documents, materials, or other information subject to subsection (a) of this section, with other state, federal, and international regulatory agencies; with the National Association of Insurance Commissioners, including its affiliates and subsidiaries; and with state, federal, and international law enforcement authorities, including members of any supervisory college as described in § 31-707.01 ; provided, that the recipient agrees in writing, and has the legal authority, to maintain the confidentiality and privileged status of the documents, materials, or other information, and has verified in writing the legal authority to maintain confidentiality;
  (1A) Notwithstanding paragraph (1) of this subsection, the Commissioner may only share confidential and privileged documents, material, or information reported pursuant to § 31-705 or § 31-706 with commissioners of states having statutes or regulations substantially similar to the provisions set forth in subsection (a) of this section and who have agreed in writing not to disclose such information.
  (2) May receive documents, materials, or other information, including confidential and privileged documents, materials, or other information, from the National Association of Insurance Commissioners, including its affiliates and subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or other information; or
  (3) Shall enter into written agreements with the National Association of Insurance Commissioners (“NAIC”) governing the sharing and use of information provided pursuant to this subchapter and consistent with this subsection that shall:
    (A) Specify procedures and protocols regarding the confidentiality and security of information shared with the NAIC and its affiliates and subsidiaries pursuant to this chpater, including procedures and protocols for sharing that information by the NAIC with other state, federal, or international regulators;
    (B) Specify that ownership of information shared with the NAIC and its affiliates and subsidiaries pursuant to this subchapter remains with the Mayor and that the use of the information by the NAIC shall be subject to the direction of the Mayor;
    (C) Require prompt notice to be given to an insurer whose confidential information in the possession of the NAIC pursuant to this subchapter is subject to a request or subpoena to the NAIC for disclosure or production; and
    (D) Require the NAIC and its affiliates and subsidiaries to consent to intervention by an insurer in any judicial or administrative action in which the NAIC and its affiliates and subsidiaries may be required to disclose confidential information about the insurer shared with the NAIC and its affiliates and subsidiaries pursuant to this subchapter.
(c-1) The sharing of information by the Mayor pursuant to this subchapter shall not constitute a delegation of regulatory authority or rulemaking. The Mayor shall be solely responsible for the administration, execution. and enforcement of the provisions of this subchapter.
(d) No waiver of an applicable privilege or claim of confidentiality in the documents, materials, or other information shall occur as a result of disclosure to the Commissioner under this section or of sharing as authorized in subsection (c) of this section. Nothing in this section shall require an insurer to disclose documents, materials, or other information that is not otherwise required by law to be disclosed.
(d-1) Documents, materials, or other information in the possession or control of the NAIC pursuant to this subchapter shall be confidential by law and privileged, shall not be subject to subchapter II of Chapter 5 of Title 2 [ § 2-531 et seq.], shall not be subject to subpoena, and shall not be subject to discovery or admissible into evidence in any private civil action.
D.C. Code § 31-5325 — DC Code / Title 31 / Chapter 53 / § 31-5325
§ 31-5325. Examination of societies; no adverse publications.
Status: in_force

(a) The Commissioner, or any person he or she may appoint, may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in the District in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies.
(b) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the Commissioner.
D.C. Code § 31-5702 — DC Code / Title 31 / Chapter 57 / § 31-5702
§ 31-5702. Authority of existing associations to continue business.
Status: repealed

Repealed.
D.C. Code § 31-1372.09 — DC Code / Title 31 / Chapter 13A / § 31-1372.09
§ 31-1372.09. Foreign investments and foreign currency exposure.
Status: in_force

(a) Subject to the limitations of § 31-1372.02 , an insurer may acquire foreign investments, or engage in investment practices with persons of or in foreign jurisdictions, of substantially the same types as those that an insurer is permitted to acquire under this chapter, other than of the type permitted under § 31-1372.04 , if, as a result and after giving effect to the investment:
  (1) The aggregate amount of foreign investment held by the insurer under this subsection does not exceed 20% of its admitted assets; and
  (2) The aggregate amount of foreign investments held by the insurer under this subsection in a single foreign jurisdiction does not exceed 10% of its admitted assets as to a foreign jurisdiction that has a sovereign debt rating of SVO 1 or 3% of its admitted assets as to any other foreign jurisdiction.
(b) (1) Subject to the limitations of § 31-1372.02 , an insurer may acquire investments, or engage in investment practices denominated in foreign currencies, whether or not they are foreign investments acquired under subsection (a) of this section, or additional foreign currency exposure as a result of the termination or expiration of a hedging transaction with respect to investments denominated in a foreign currency, if:
    (A) The aggregate amount of investments held by the insurer under this subsection denominated in foreign currencies does not exceed 10% of its admitted assets; and
    (B) The aggregate amount of investments held by the insurer under this subsection denominated in the foreign currency of a single foreign jurisdiction does not exceed 10% of its admitted assets as to a foreign jurisdiction that has a sovereign debt rating of SVO 1 or 3% of its admitted assets as to any other foreign jurisdiction.
  (2) For the purposes of this section, an investment shall not be considered denominated in a foreign currency if the acquiring insurer enters into one or more contracts in transactions permitted under § 31-1372.10 and the business entity counterparty agrees under the contract to exchange all payments made on the foreign currency denominated investment for United States currency at a rate which insulates the investment cash flow against future changes in currency exchange rates.
(c) In addition to investment permitted under subsections (a) and (b) of this section subject to the limitations of § 31-1372.02 , an insurer that is authorized to do business in a foreign jurisdiction and that has outstanding insurance, annuity, or reinsurance contracts on lives or risks resident or located in that foreign jurisdiction and denominated in foreign currency of that jurisdiction may acquire foreign investments respecting that foreign jurisdiction and investments denominated in the currency of that jurisdiction; provided, that investments made under this subsection in obligations of foreign governments, their political subdivisions, and government-sponsored enterprises shall not be subject to the limitations of § 31-1372.02 if those investments carry an SVO rating of 1 or 2. The aggregate amount of investments acquired by the insurer under this subsection shall not exceed the greater of:
  (1) The amount the insurer is required by the law of the foreign jurisdiction to invest in the foreign jurisdiction; or
  (2) One hundred fifteen percent of the amount of its reserves, net of reinsurance, and other obligations under the contracts on lives or risks resident or located in the foreign jurisdiction.
(d) In addition to investments permitted under subsections (a) and (b) of this section, subject to t he limitations of § 31-1372.02 , an insurer that is not authorized to do business in a foreign jurisdiction, but which has outstanding insurance, annuity, or reinsurance contracts on lives or risks resident or located in that foreign jurisdiction and denominated in foreign currency of that jurisdiction, may acquire foreign investments respecting that foreign jurisdiction and investments denominated in the currency of that jurisdiction; provided, that investments made under this subsection in obligations of foreign governments, their political subdivisions, and government-sponsored enterprises shall not be subject to the limitations of § 31-1372.02 if those investments carry an SVO rating of 1 or 2. The aggregate amount of investments acquired by the insurer under this subsection shall not exceed 105% of the amount of its reserves, net of reinsurance, and other obligations under the contracts on lives or risks resident or located in the foreign jurisdiction.
(e) Investments acquired under this section shall be aggregated with investments of the same types made under all other sections of this chapter, and in a similar manner, for purposes of determining compliance with the limitations, if any, contained in the other sections. Investments in obligations of foreign governments, their political subdivisions, and government-sponsored enterprises of these persons, except for those exempt under subsections (c) and (d) of this section, shall be subject to the limitations of § 31-1372.02 .
D.C. Code § 31-1333 — DC Code / Title 31 / Chapter 13 / § 31-1333
§ 31-1333. Filing of claims.
Status: in_force

(a) Proof of all claims shall be filed with the liquidator in the form required by § 31-1334 on or before the last day for filing specified in the notice required under § 31-1320 , except that proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires.
(b) The liquidator may permit a claimant making a late filing to share in distributions, whether past or future, as if he or she were not late, to the extent that such a payment will not prejudice the orderly administration of the liquidation, under the following circumstances:
  (1) The existence of the claim was not known to the claimant and that he or she filed his or her claim as promptly thereafter as reasonably possible after learning of it;
  (2) A transfer to a creditor was avoided under §§ 31-1324 through 31-1326 , or was voluntarily surrendered under § 31-1327 , and that the filing satisfies the conditions of § 31-1327 ; or
  (3) The valuation under § 31-1339 of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation.
(c) The liquidator shall permit late filing claims to share in distributions, whether past or future, as if they were not late, if the claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, subsequent to the last day for filing where the payments were made and expenses incurred as provided by law.
(d) The liquidator may consider any claim filed late, which is not covered by subsection (b) of this section, and permit it to receive distributions which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on his or her claim as is then being paid to claimants of any lower priority. This shall continue until his or her claim has been paid in full.
D.C. Code § 31-3609 — DC Code / Title 31 / Chapter 36 / § 31-3609
§ 31-3609. Incontestability period.
Status: in_force

(a) If a policy or certificate has been in force for less than 6 months, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance for coverage.
(b) If a policy or certificate has been in force for at least 6 months, but less than 2 years, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and which pertains to the condition for which benefits are sought.
(c) After a policy or certificate has been in force for 2 years, it shall not be contestable upon the grounds of misrepresentations alone. The policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured’s health.
(d) (1) No long-term care insurance policy or certificate may be field unless based on medical or health status.
  (2) For purposes of this subsection, the term “field issued” means a policy or certificate issued by an agent or third party administrator pursuant to the underwriting authority granted to the agent or third party administrator by an insurer.
(e) If an insurer has paid benefits under a long-term care insurance policy or certificate, the benefit payments may not be recovered by the insurer in the event that the policy or certificate is rescinded.
(f) (1) In the event of the death of the insured, this section shall not apply to the remaining death benefits of a life insurance policy that accelerates benefits for long term care; except that, in the event of death of the insured, the remaining death benefits under these policies shall be governed by § 31-4803 .
D.C. Code § 31-5602.04 — DC Code / Title 31 / Chapter 56 / § 31-5602.04
§ 31-5602.04. Post-licensing requirements.
Status: in_force

(a) (1) A licensed broker-dealer shall make and keep such accounts, correspondence, memoranda, papers, books, and other records as the Commissioner may, by rule, require.
  (2) The authority of the Commissioner to adopt rules under paragraph (1) of this subsection shall be subject to the limitations of section 15 of the Securities Exchange Act 1934 [15 U.S.C. § 78o].
  (3) A licensed investment adviser shall make and keep such accounts, correspondence, memoranda, papers, books, and other records as the Commissioner may by rule require.
  (4) The authority of the Commissioner to adopt rules under paragraph (3) of this subsection shall be subject to the limitations of section 222 of the Investment Advisers Act of 1940 [15 U.S.C. § 80b-18 a].
(b) (1) With respect to investment advisers, the Commissioner may, by rule or order, require that certain information be furnished or disseminated as appropriate in the public interest or for the protection of investors and advisory clients.
  (2) Information furnished to clients or prospective clients of a licensed investment adviser that complies with the Investment Advisers Act of 1940 and the rules promulgated under that Act may be used in whole or partial satisfaction of the requirement in paragraph (1) of this subsection.
(c) A licensed broker-dealer or investment adviser shall file such financial reports as the Commissioner may, by rule or order, prescribe, except as provided by section 15 of the Securities Exchange Act 1934 [15 U.S.C. § 78o] in the case of a broker-dealer and section 222 of the Investment Advisers Act of 1940 [15 U.S.C. § 80b-18 a] in the case of an investment adviser.
(d) If the information contained in any document filed with the Commissioner is, or becomes, inaccurate or incomplete in any material respect, a licensed broker-dealer or investment adviser shall promptly file a correcting amendment with the Commissioner, and a federal covered adviser shall file a correcting amendment when required to do so with the Securities and Exchange Commission.
D.C. Code § 31-2351.08 — DC Code / Title 31 / Chapter 23M / § 31-2351.08
§ 31-2351.08. Cancellation of reimbursement insurance policy.
Status: in_force

An insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with § 31-404 , has been mailed or delivered to the Commissioner. The termination of a reimbursement insurance policy shall not reduce the issuer's responsibility for service contracts issued by providers prior to the date of the termination.
D.C. Code § 31-1105 — DC Code / Title 31 / Chapter 11 / § 31-1105
§ 31-1105. Licenses — Revocation, suspension or refusal to renew; penalty in lieu of revocation or suspension; right of applicant or licensee to administrative or judicial hearing.
Status: in_force

(a) The Commissioner may revoke or suspend the license of any premium finance company when and if after investigation it appears to the Commissioner that:
  (1) Any license issued to such company was obtained by fraud;
  (2) There was any misrepresentation in the application for the license;
  (3) The holder of such license has otherwise shown himself untrustworthy or incompetent to act as a premium finance company;
  (4) Such company has violated any of the provisions of this chapter; or
  (5) Such company has been rebating part of the service charge as allowed and permitted herein to any insurance agent or any employee of an insurance agent or to any other person as an inducement to the financing of any insurance policy with the premium finance company.
(b) Before the Commissioner shall revoke, suspend, or refuse to renew the license of any premium finance company, he shall give to such person an opportunity to be fully heard and to introduce evidence in his behalf. In lieu of revoking or suspending the license for any of the causes enumerated in this section, after hearing as herein provided, the Commissioner may subject such company to a penalty of not more than $200 for each offense when in his judgment he finds that the public interest would not be harmed by the continued operation of such company. The amount of any such penalty shall be paid by such company through the office of the Commissioner to the District of Columbia Treasurer. At any hearing provided by this section, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely, after having been administered such oath, shall be subject to the penalty of perjury.
(c) If the Commissioner refuses to issue or renew any license or if any applicant or licensee is aggrieved by any action of the Commissioner, said applicant or licensee shall have the right to a hearing and court proceeding as provided for in §§ 31-2502.35 [repealed], 31-2502.43 [repealed] and 31-2502.44 [repealed].
D.C. Code § 31-3171.11 — DC Code / Title 31 / Chapter 31D / § 31-3171.11
§ 31-3171.11. Open meetings.
Status: in_force

The executive and advisory boards shall be subject to subchapter IV of Chapter 5 of Title 2 [ § 2-571 et seq.]; except, that the executive board may hold closed sessions when considering matters related to litigation, personnel, contracting, or rates.
D.C. Code § 31-5710 — DC Code / Title 31 / Chapter 57 / § 31-5710
§ 31-5710. Payment of assessments and/or dues by beneficiary.
Status: repealed

Repealed.
D.C. Code § 31-3171.13 — DC Code / Title 31 / Chapter 31D / § 31-3171.13
§ 31-3171.13. Relation to other laws.
Status: in_force

(a) Nothing in this chapter, and no action taken by the Authority pursuant to this chapter, shall be construed to preempt or supersede the authority of the Commissioner to regulate the business of insurance within the District. Except as expressly provided to the contrary in this chapter, all health carriers offering qualified health plans and qualified dental plans in the District shall comply fully with all applicable health insurance laws of the District and regulations adopted and orders issued by the Commissioner.
(b) Nothing in this chapter, and no action taken by the Authority pursuant to this chapter, shall be construed to preempt or supersede the authority of the Department of Health Care Finance, as the single state agency, to establish policy and enforce the rules and regulations governing Titles XIX and XXI of the Social Security Act and other health-care programs under its jurisdiction.
D.C. Code § 31-4502 — DC Code / Title 31 / Chapter 45 / § 31-4502
§ 31-4502. Alien companies; trustees; examinations; financial statements.
Status: in_force

The directors of an alien company may appoint citizens or corporations of the United States, approved by the Commissioner, as its trustees to hold funds and assets in trust for the benefit of the policyholders and creditors of the company in the United States. A certified copy of the record of such appointment and of the deed of trust shall be filed with the Commissioner, who may examine such trustees and any officers and agents, books, and papers of the company in the same manner as he may examine officers, agents, books, papers, and affairs of insurance companies. The funds and assets so held by such trustees shall, with the deposits otherwise made by the company and the funds and assets held by the company in the United States for the benefit of its policyholders and creditors in the United States, constitute the assets of the company for the purpose of making its financial statements required by this subdivision.
D.C. Code § 31-6004 — DC Code / Title 31 / Chapter 60 / § 31-6004
§ 31-6004. Creation; composition; performance of functions; exercise of powers; organization.
Status: repealed

Repealed.
D.C. Code § 31-331 — DC Code / Title 31 / Chapter 3A / § 31-331
§ 31-331. Definitions.
Status: in_force

(a) For the purposes of this chapter , the term:
  (1) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking.
  (2) "Corporate Governance Annual Disclosure" means the report filed by an insurer or insurance group under this chapter .
  (3) "Insurance group" means those insurers and affiliates included within an insurance holding company system, as defined in § 31-701(4) .
  (4) "Insurer" shall have the same meaning as defined in § 31-301(3) ; except, that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions or territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
  (5) "NAIC" means the National Association of Insurance Commissioners.
D.C. Code § 31-4433 — DC Code / Title 31 / Chapter 44 / § 31-4433
§ 31-4433. Classification of risks and members, payment of dividends, and creation of surplus by mutual companies.
Status: in_force

A mutual company may, in its articles of incorporation or in its bylaws, provide for the classification of its risks and of its members and for the payment of dividends and for the creation of a surplus.
D.C. Code § 31-1701 — DC Code / Title 31 / Chapter 17 / § 31-1701
§ 31-1701. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of the Department of Insurance, Securities and Banking.
(1A) “District” means the District of Columbia.
(2) “Redomestication” means the transfer to the District the corporate domicile of an authorized foreign insurance company.
(3) Repealed.
(4) “Transferring insurer” means any authorized foreign insurance company seeking redomestication.
D.C. Code § 31-909 — DC Code / Title 31 / Chapter 9 / § 31-909
§ 31-909. Effective date of the plan.
Status: in_force

A plan shall become effective when the Commissioner has approved the plan.
D.C. Code § 31-2502.23 — DC Code / Title 31 / Chapter 25 / § 31-2502.23
§ 31-2502.23. Service of process upon foreign or alien companies.
Status: repealed

Repealed.
D.C. Code § 31-5237 — DC Code / Title 31 / Chapter 52A / § 31-5237
§ 31-5237. Decertification.
Status: in_force

(a) The Commissioner shall conduct an annual review of each Certified Capital Company to determine if the Certified Capital Company is complying with the requirements of certification, to advise the Certified Capital Company as to the eligibility status of its Qualified Investments, and to ensure that no investment has been made in violation of this chapter. The cost of the annual review shall be paid by each Certified Capital Company under a fee schedule adopted by the Commissioner.
(b) Any material violation of this chapter shall be grounds for decertification of the Certified Capital Company. If the Commissioner determines that a Certified Capital Company is not in compliance with the requirements of this chapter, the Commissioner shall, by written notice, inform the officers of the Certified Capital Company that the Certified Capital Company is subject to decertification in 120 days from the date of mailing of the notice unless the deficiencies are corrected.
(c) If the Certified Capital Company is not in compliance with this chapter at the end of the 120-day notice period, the Commissioner may send a notice of decertification to the Certified Capital Company and to all other appropriate District agencies.
(d) Decertification of a Certified Capital Company may cause the recapture of Premium Tax Credits previously claimed and the forfeiture of future Premium Tax Credits to be claimed by Certified Investors with respect to the Certified Capital Company, as follows:
  (1) Decertification of a Certified Capital Company within 3 years of the Allocation Date shall cause the recapture of all Premium Tax Credits previously claimed and the forfeiture of all future Premium Tax Credits to be claimed by Certified Investors unless the Certified Capital Company has met the requirements for continued certification as provided in this subsection.
  (2) If a Certified Capital Company has met all requirements for continued certification under § 31-5235(a)(1) and subsequently fails to meet the requirements for continued certification under the provisions of § 31-5235(a)(2) , the Premium Tax Credits which have been or could be taken, subject to the other provisions of this chapter, by Certified Investors within 3 years from the Allocation Date shall not be subject to recapture or forfeiture; provided, that all other Premium Tax Credits shall be subject to recapture or forfeiture.
  (3) If a Certified Capital Company has met all requirements for continued certification under § 31-5235(a)(1) and (2) and is subsequently decertified, the Premium Tax Credits which have been or could be taken, subject to the other provisions of this chapter, by Certified Investors within 4 years from the Allocation Date shall not be subject to recapture or forfeiture; provided, that all other Premium Tax Credits shall be subject to recapture or forfeiture.
  (4) If a Certified Capital Company has met all requirements for continued certification under § 31-5235(a)(1) , (2), and (3) and is subsequently decertified, those Premium Tax Credits which have been or could be claimed, subject to the other provisions of this chapter, by Certified Investors within 5 years from the Allocation Date shall not be subject to recapture or forfeiture. The Premium Tax Credits to be claimed subsequent to the 5th anniversary of the Allocation Date shall be subject to forfeiture only if the Certified Capital Company is decertified within 5 years from the Allocation Date.
  (5) If a Certified Capital Company has invested an amount cumulatively equal to 100% of its Certified Capital in Qualified Investments, notwithstanding any other provision of this chapter, all Premium Tax Credits shall not be subject to recapture or forfeiture.
(e) If a Certified Capital Company has invested an amount cumulatively equal to 100% of its Certified Capital in Qualified Investments, notwithstanding any other provision of this chapter, the Certified Capital Company shall not be subject to regulation by the Commissioner.
(f) The Commissioner shall send written notice to each Certified Investor whose Premium Tax Credits have been subject to recapture or forfeiture at the address last shown on the last premium tax filing.
(g) Repealed.
D.C. Code § 31-2413 — DC Code / Title 31 / Chapter 24 / § 31-2413
§ 31-2413. Penalties; adjudications.
Status: in_force

(a) A person is guilty of an offense if that person:
  (1) Makes any false material statement with respect to his or her compliance with the obligation to maintain required insurance;
  (2) Is the owner of a motor vehicle that is required to be registered or obtain a reciprocity sticker in the District and required insurance is not in effect with respect to that motor vehicle;
  (3) Is the owner of a motor vehicle and operates or permits that motor vehicle to be operated in the District without required insurance being in effect with respect to that motor vehicle;
  (4) Repealed.
  (5) Operates a motor vehicle as to which the certificate of registration or reciprocity sticker has been suspended pursuant to § 31-2403(d)(2) ;
  (6) Fails or refuses to return or give a registration certificate, reciprocity sticker, or tags to the Department, an authorized agent of the Department, or to a law-enforcement officer;
  (7) Fails or refuses to present an Insurance Identification Card, its equivalent in another state, or other evidence establishing that required insurance is in effect with respect to a motor vehicle operated by that person upon demand by a law-enforcement officer; or
  (8) Violates any other provision of this chapter.
(a-1) A violation of subsection (a)(7) of this section shall create a rebuttable presumption of a violation of subsection (a)(3) of this section.
(a-2) (1) For the purposes of subsection (a)(7) of this section, the term "Insurance Identification Card" includes an electronic image of an Insurance Identification Card that is displayed on a cellular telephone or other portable electronic device.
  (2) (A) The presentation of an electronic image of an Insurance Identification Card on a cellular telephone or other portable electronic device shall not constitute consent for a law enforcement officer to access any other content on the cellular telephone or other portable electronic device.
    (B) A law enforcement officer presented with an electronic image of an Insurance Identification Card on a cellular telephone or other portable electronic device shall be immune from liability for damage to or loss of the cellular telephone or other portable electronic device; provided, that no immunity shall extend to recklessness or intentional misconduct.
(b) (1) (A) A person who commits an offense under subsection (a)(3) of this section shall be subject to both the regulatory scheme established in § 31-2403(d)(2) and to a civil fine of $500, or a license suspension for up to 30 days, or both, for the first offense, and an increase of 50% of the civil fine for the second and each subsequent offense, or a license suspension for up to 60 days, or both, pursuant to §§ 50-2301.04 and 50-2301.05 .
    (B) A motor vehicle owner or operator shall be permitted to contest by mail or in person the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to subsection (a)(3) of this section. For the purposes of contesting the charge, the owner or operator shall be permitted to present as evidence establishing that the required insurance was in effect with respect to the motor vehicle any of the following:
      (i) An Insurance Identification Card;
      (ii) An insurance policy;
      (iii) Any other evidence that constitutes reasonable proof that the required insurance was in effect; or
      (iv) Copies of any documents described in sub-subparagraphs (i) through (iii) of this subparagraph.
    (C) Unless the hearing examiner has reasonable doubt about the veracity of the evidence presented pursuant to subparagraph (B)(i) and (ii) of this paragraph, submission of either shall be sufficient to dismiss the charge of operating or permitting to be operated a motor vehicle without required insurance being in effect with respect to that motor vehicle pursuant to subsection (a)(3) of this section.
  (2) (A) In addition to the regulatory scheme established in § 31-2403(d)(2) for a person who commits an offense under subsection (a)(2) of this section a civil fine of $150 shall be assessed for each vehicle without the required insurance for a period of 1 to 30 days, and increasing to $7 for each day thereafter, not to exceed a total of $2,500 for each violation pursuant to § 31-2404(d)(2)(A) [sic]. All or part of any penalty may be waived by the Director upon submission or proof that the vehicle was not operated during the corresponding time period.
    (B) A person shall not be subject to a fine pursuant to this paragraph if the person believed, in good faith, that the person contracted for the required insurance coverage with a company which subsequently went out of business or otherwise failed to comply with this law.
  (3) A person who commits an offense under subsection (a)(7) of this section shall be subject both to the regulatory scheme established in § 31-2403(d)(2) and to a civil fine of $30.
(c) In addition to the penalties provided in subsection (b)(1) of this section, a person who commits an offense under subsection (a)(1), (5), (6), or (8) of this section shall upon conviction also be subject to imprisonment for not more than 30 days for the 1st offense, and imprisonment for not more than 90 days for the 2nd and subsequent offenses.
(d) All fines paid for violations of subsection (a) of this section shall be placed in the General Fund of the District of Columbia.
D.C. Code § 31-3906 — DC Code / Title 31 / Chapter 39 / § 31-3906
§ 31-3906. Organizational requirements for transacting business; incorporation.
Status: repealed

Repealed.
D.C. Code § 31-4717 — DC Code / Title 31 / Chapter 47 / § 31-4717
§ 31-4717. Exemption from legal process — Group life policy or proceeds.
Status: in_force

No policy of group life insurance, nor the proceeds thereof when paid to any employee or employees thereunder, shall be liable to attachment, garnishment, or other process, or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law, to pay any debt or liability of such employee, or his beneficiary, or any other person who may have a right thereunder, either before or after payment; nor shall the proceeds thereof, when not made payable to a named beneficiary, constitute a part of the estate of the employee for the payment of his debts.
D.C. Code § 31-4424 — DC Code / Title 31 / Chapter 44 / § 31-4424
§ 31-4424. Directors — Cumulative voting in stock company election.
Status: in_force

In an election for directors of any stock company in which the policyholders do not vote, each stockholder having a right to vote may cast the whole number of his votes for 1 candidate, or distribute them upon 2 or more candidates, as he may prefer, that is to say: If the stockholder having a right to vote owns 1 share of stock, or has 1 vote, or is entitled to 1 vote for each of 7 directors by virtue thereof, he may give 1 vote to each of said 7 directors, or 7 votes for any 1 thereof, or a less number of votes for any less number of directors, whatever may be the actual number to be elected, and in this manner may distribute or cumulate his votes as he may see fit.
D.C. Code § 31-2602.22 — DC Code / Title 31 / Chapter 26 / § 31-2602.22
§ 31-2602.22. Corporations engaged exclusively in writing insurance in foreign countries.
Status: repealed

Repealed.
D.C. Code § 31-3931.15 — DC Code / Title 31 / Chapter 39A / § 31-3931.15
§ 31-3931.15. Revocation, suspension, or fine.
Status: in_force

(a) The Commissioner may revoke or suspend the certificate of authority to transact insurance business in the District of a captive insurer, including, if applicable, a protected cell, which:
  (1) Has failed or refused to comply with any provision or requirement of this chapter;
  (2) Is impaired in capital or surplus;
  (3) Is insolvent;
  (4) Is determined, pursuant to Chapter 21 of this title , to be in such condition that further transaction of business by the company will be hazardous to its policyholders, creditors, or the general public;
  (5) Has failed or refused to submit any report or statement required by law or order of the Commissioner;
  (6) Has failed or refused to comply with any provision of its charter or bylaws;
  (6A) Has violated Chapter 22A of this title [ §  31-2231.01 et seq.]; provided, that this paragraph shall apply only to District-domiciled risk retention groups licensed as captive insurers;
  (7) Has used any method in transacting insurance business pursuant to this chapter which would be detrimental to the operation of the captive insurer or would make its condition unsound with respect to its policyholders or the general public; or
  (8) Has failed otherwise to comply with the laws of the District or any jurisdiction.
(b) The Commissioner may also impose a fine not to exceed $5,000 for each violation by a captive insurer, including, if applicable, a protected cell, of any of the provisions found in subsection (a) of this section.
D.C. Code § 31-703 — DC Code / Title 31 / Chapter 7 / § 31-703
§ 31-703. Acquisition of control of or merger with domestic insurer.
Status: in_force

(a) (1) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, enter into any agreement to exchange securities, or seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer, if, after consummation, the person would, directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of the insurer.
  (2) No person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer or any person controlling a domestic insurer unless, at the time the offer, request, or invitation is made or any agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the Mayor and has sent to the insurer, a statement containing the information required by this section and the offer, request, invitation, agreement, or acquisition has been approved by the Mayor in the manner prescribed by this subchapter.
  (3) For the purposes of this section, any controlling person of a domestic insurer seeking to divest its controlling interest in the domestic insurer, in any manner, shall file with the Mayor, with a copy to the insurer, confidential notice of its proposed divestiture at least 30 days before the cessation of control. The Mayor shall determine those instances in which the party or parties seeking to divest or to acquire a controlling interest in an insurer will be required to file for and obtain approval of the transaction. The information shall remain confidential until the conclusion of the transaction unless the Mayor, in the Mayor’s discretion, determines that confidential treatment will interfere with enforcement of this subchapter. If the statement referred to in paragraph (2) of this subsection is otherwise filed, this paragraph shall not apply.
(b) (1) For purposes of this section, the term “domestic insurer” shall include any person controlling a domestic insurer unless the person, as determined by the Mayor, is either directly or through its affiliates primarily engaged in business other than the business of insurance. However, such a person shall file a preacquisition notification with the Mayor containing the information set forth in § 31-704(c) 30 days prior to the proposed effective date of the acquisition. Failure to file is subject to § 31-704(e) .
  (2) For the purposes of this section, the term “person” shall not include any securities broker holding, in the usual and customary brokers function, less than 20% of the voting securities of an insurance company or of any person who controls an insurance company.
(c) The statement to be filed with the Mayor shall be made under oath or affirmation and shall contain the following information:
  (1) The name and address of each person by whom or on whose behalf the merger or other acquisition of control referred to in subsections (a) and (b) of this section is to be effected (hereinafter called “acquiring party”):
    (A) If the person is an individual, his or her principal occupation and all offices and positions held during the past 5 years, and any conviction of crimes, other than minor traffic violations, during the past 10 years; or
    (B) If the person is not an individual, a report of the nature of its business operations during the past 5 years or for any lesser period the person and any predecessors shall have been in existence; an informative description of the business intended to be done by the person and the person’s subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of the person, or who perform or will perform functions appropriate to these positions. The list shall include for each individual the information required by subparagraph (A) of this paragraph;
  (2) The source, nature, and amount of the consideration used, or to be used, in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for this purpose (including any pledge of the insurer’s stock, or the stock of any of its subsidiaries or controlling affiliates), and the identity of persons furnishing the consideration; provided, however, that where a source of the consideration is a loan made in the lender’s ordinary course of business, the identity of the lender shall remain confidential, if the person filing the statement so requests;
  (3) Fully audited financial information as to the earnings and financial condition of each acquiring party for the preceding 5 fiscal years of each acquiring party (or for any lesser period as the acquiring party and any predecessors shall have been in existence), and similar unaudited information as of a date not earlier than 90 days prior to the filing of the statement;
  (4) Any plans or proposals which each acquiring party may have to liquidate the insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management;
  (5) The number of shares of any security referred to in subsections (a) and (b) of this section which each acquiring party proposes to acquire, the terms of the offer, request, invitation, agreement, or acquisition referred to in subsections (a) and (b) of this section, and a statement as to the method by which the fairness of the proposal was determined;
  (6) The amount of each class of any security referred to in subsections (a) and (b) of this section which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party;
  (7) A full description of any contracts, arrangements, or understandings with respect to any security referred to in subsections (a) and (b) of this section in which any acquiring party is involved, including, but not limited to, transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies. The description shall identify the persons with whom any contracts, arrangements, or understandings have been entered into;
  (8) A description of the purchase of any security referred to in subsections (a) and (b) of this section during the 12 calendar months preceding the filing of the statement by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid;
  (9) A description of any recommendations to purchase any security referred to in subsections (a) and (b) of this section made during the 12 calendar months preceding the filing of the statement by any acquiring party, or by anyone based upon interviews or at the suggestion of the acquiring party;
  (10) Copies of all tender offers for, requests, or invitations for tenders of, exchange offers for, and agreements to acquire or exchange any securities referred to in subsections (a) and (b) of this section, and, if distributed, all additional related soliciting material;
  (11) The terms of any agreement, contract, or understanding made with or proposed to be made with any broker-dealer as to solicitation of securities referred to in subsections (a) and (b) of this section for tender, and the amount of any resulting fees, commissions, or other compensation to be paid to broker-dealers;
  (11A) An agreement by the person required to file the statement referred to in subsection (a) of this section that it will provide the annual report, specified in § 31-705(k-1) , for so long as control exists;
  (11B) An acknowledgement by the person required to file the statement referred to in subsection (a) of this section that the person and all subsidiaries within its control in the insurance holding company system will provide information to the Mayor upon request as necessary to evaluate enterprise risk to the insurer; and
  (12) Any additional information as the Mayor may by rule or regulation prescribe as necessary or appropriate for the protection of policyholders of the insurer or in the public interest.
(d) If the person required to file the statement referred to in subsections (a) and (b) of this section is a partnership, limited partnership, syndicate or other group, the Mayor may require that the information called for by subsection (c)(1) through (12) of this section shall be given with respect to each partner of the partnership or limited partnership, each member of the syndicate or group, and each person who controls the partner or member. If any partner, member, or person is a corporation, or the person required to file the statement referred to in subsections (a) and (b) of this section is a corporation, the Mayor may require that the information called for by subsection (c)(1) through (12) of this section shall be given with respect to the corporation, each officer and director of the corporation, and each person who is directly or indirectly the beneficial owner of more than 10% of the outstanding voting securities of the corporation.
(e) If any material change occurs in the facts set forth in the statement filed with the Mayor and sent to the insurer pursuant to this section, an amendment setting forth the change, together with copies of all documents and other material relevant to the change, shall be filed with the Mayor and sent to the insurer within 2 business days after the person learns of the change.
(f) If any offer, request, invitation, agreement, or acquisition referred to in subsections (a) and (b) of this section is proposed to be made by means of a registration statement under the Securities Act of 1933 (15 U.S.C. § 77a et seq.), or in circumstances requiring the disclosure of similar information under the Securities Exchange Act of 1934 (15 U.S.C. § 78a et seq.), or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in subsections (a) and (b) of this section may utilize the documents in furnishing the information called for by that statement.
(g) (1) (A) If the acquiring company proposes to acquire a domestic insurer which is not a nonprofit hospital service plan or medical service plan, the Mayor shall approve any merger or other acquisition of control referred to in subsections (a) and (b) of this section unless, after a public hearing, the Mayor finds that:
      (i) After the change of control, the domestic insurer referred to in subsections (a) and (b) of this section would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;
      (ii) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in the District or tend to create a monopoly. In applying the competitive standard in this sub-subparagraph:
        (I) The informational requirements of § 31-704(c)(1) and the standards of § 31-704(d)(2) shall apply;
        (II) The merger or other acquisition shall not be disapproved if the Mayor finds that any of the situations meeting the criteria provided by § 31-704(d)(3) exist; and
        (III) The Mayor may condition the approval of the merger or other acquisition on the removal of the basis of disapproval within a specified period of time;
      (iii) The financial condition of any acquiring company is such as might jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders;
      (iv) The plans or proposals which the acquiring company has to liquidate the insurer, sell its assets, or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management are unfair and unreasonable to policyholders of the insurer or are not in the public interest;
      (v) The competence, experience, and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer and of the public to permit the merger or other acquisition of control; or
      (vi) The acquisition is likely to be hazardous or prejudicial to the insurance buying public.
    (B) (i) If an acquiring company proposes to acquire a domestic insurer which is a nonprofit hospital plan or medical service plan, the same procedure shall apply as provided in subparagraph (A) of this paragraph; provided, that the acquiring company shall have the burden of establishing that the proposed merger or acquisition of control does not result in the existence of any of the conditions set forth in sub-subparagraphs (i) through (vi) of subparagraph (A).
      (ii) The determination made by the Mayor as provided in subparagraph (A) of this paragraph shall not become effective until 90 days after the Mayor makes the determination.
  (2) The public hearing referred to in paragraph (1) of this subsection shall be held within 120 days after the statement required by subsections (a) and (b) of this section is filed, and at least 20-days notice shall be given by the Mayor to the person filing the statement; provided, that the Mayor may extend the 120-day period if all parties consent to the extension. Not less than 7-days notice of the public hearing shall be given by the person filing the statement to the insurer and to any other persons designated by the Mayor.  The Mayor shall make a determination within 120 days after the conclusion of the hearing; provided, that the Mayor may extend this period if all parties consent to the extension. At the hearing, the person filing the statement, the insurer, and any party shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments, and shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the Superior Court of the District of Columbia. All discovery proceedings shall be concluded not later than 3 days prior to the commencement of the public hearing.
  (3) The Mayor may retain, at the acquiring person’s expense, any attorneys, actuaries, accountants, and other experts not otherwise a part of the Mayor’s staff as may be reasonably necessary to assist the Mayor in reviewing the proposed acquisition of control. For this purpose, the Mayor shall be exempt from the provisions of Unit A of Chapter 3 of Title 2 .
  (4) (A) If the proposed acquisition of control will require the approval of more than one commissioner, the public hearing referred to in paragraph (1) of this subsection may be held on a consolidated basis upon request of the person filing the statement referred to in subsection (a) of this section. A person shall file the statement referred to in subsection (a) of this section with the National Association of Insurance Commissioners within 5 days of making the request for a public hearing.
    (B) A commissioner may opt out of a consolidated hearing, and shall provide notice to the applicant of the opt-out within 10 days of the receipt of the statement referred to in subsection (a) of this section.
    (C) A hearing conducted on a consolidated basis shall be public and shall be held within the United States before the commissioners of the states in which the insurers are domiciled.
    (D) The commissioners shall hear and receive evidence. A commissioner may attend a hearing in person or by telecommunication.
(h) The provisions of this section shall not apply to:
  (1) Any transaction which is subject to the laws of the District dealing with the merger or consolidation of 2 or more insurers; or
  (2) Any offer, request, invitation, agreement, or acquisition which the Mayor by order shall exempt as:
    (A) Not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer; or
    (B) Otherwise not comprehended within the purposes of this section.
(i) The following shall be violations of this section:
  (1) The failure to file any statement, amendment, or other material required to be filed pursuant to subsection (a), (b), or (c) of this section; and
  (2) The effectuation, or any attempt to effectuate, an acquisition of control of, divestiture of, or merger with, a domestic insurer unless the Mayor has given approval.
(j) Every person not resident, domiciled, or authorized to do business in the District who files a statement with the Mayor under this section shall be deemed to have performed acts equivalent to and constituting an appointment by such a person of the Mayor to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of this section. Copies of all lawful process shall be served on the Mayor and transmitted by registered or certified mail by the Mayor to the person at his or her last known address.
D.C. Code § 31-4102 — DC Code / Title 31 / Chapter 41 / § 31-4102
§ 31-4102. Risk retention groups chartered in the District.
Status: in_force

(a) (1) A risk retention group shall be chartered as an association captive insurer licensed pursuant to § 31-3931.01 , and licensed to write only liability insurance pursuant to this chapter, and shall comply with all of the laws, rules, and regulations, and requirements applicable to captive insurers chartered and licensed in the District and with § 31-4103 , to the extent the requirements are not a limitation on laws, rules, regulations, or requirements of the District.
  (2) All risk retention groups chartered in the District shall file with the Mayor and the NAIC annual and quarterly statements in a form prescribed by the NAIC and in any other form required by the Mayor.
  (3) 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 .
(b) Before it may offer insurance in any state, each risk retention group shall also submit to the Mayor a plan of operation or feasibility study. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in any item of the plan of operation or feasibility study, within 10 days of any change. The group shall not offer any additional kinds of liability insurance, in the District or in any other state, until a revision of the plan or study is approved by the Commissioner.
(c) (1) At the time of filing its application for a charter, the risk retention group shall provide to the Commissioner, in summary form, the following information:
    (A) The identity of the initial members of the group;
    (B) The identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group;
    (C) The amount and nature of initial capitalization;
    (D) The coverages to be afforded; and
    (E) The states in which the group intends to operate.
  (2) Upon receipt of this information, the Mayor shall forward the information to the NAIC. Providing notification to the NAIC is in addition to and shall not be sufficient to satisfy the requirements of § 31-4103 or any other sections of this chapter.
D.C. Code § 31-108 — DC Code / Title 31 / Chapter 1 / § 31-108
§ 31-108. Abolition of Insurance Administration.
Status: in_force

The Insurance Administration in the Department of Consumer and Regulatory Affairs as currently organized is abolished.
D.C. Code § 31-602 — DC Code / Title 31 / Chapter 6 / § 31-602
§ 31-602. Rules and regulations with respect to proxies, consents, and authorizations; violations; exemptions.
Status: in_force

(a) The Council of the District of Columbia shall promulgate rules and regulations with respect to the solicitation and voting of proxies, consents, and authorizations of domestic stock insurance companies in conformity, as nearly as may be practicable, with those prescribed by the National Association of Insurance Commissioners. The Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] (hereinafter “Commissioner”) shall have power to revoke or suspend the certificate of authority to transact business in the District of Columbia of any such company which has failed or refused to comply with the rules and regulations promulgated by the Council.
(b) The Commissioner shall not revoke nor suspend the certificate of authority of any such company until he has given the company not less than 30 days notice of the proposed revocation or suspension and of the grounds alleged therefor, and has afforded the company an opportunity for a full hearing; provided, that if the Commissioner shall find upon examination that the further transaction of business by the company would be hazardous to the public or to the policyholders or creditors of the company in the District, he may suspend such authority without giving notice as herein required; provided further, that in lieu of revoking or suspending the certificate of authority of any company, after hearing as herein provided, the Commissioner may subject such company to a penalty of not more than $500 when, in his judgment, he finds that the public interest would be best served by the continued operation of the company. The amount of any such penalty shall be paid by the company through the office of the Commissioner to the Mayor of the District of Columbia. At any hearing provided by this section, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely after having been administered such an oath shall be subject to the penalties of perjury.
(c) The provisions of subsections (a) and (b) of this section shall not apply to securities of a domestic stock insurance company if such securities shall be registered, or shall be required to be registered, pursuant to § 12 of the Securities Exchange Act of 1934, as amended (§ 781 of Title 15, United States Code).
D.C. Code § 31-1354 — DC Code / Title 31 / Chapter 13 / § 31-1354
§ 31-1354. Claims of residents against insurers domiciled in reciprocal states.
Status: in_force

(a) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within the District may file claims either with the ancillary receiver, if any, in the District, or with the domiciliary liquidator. Claims must be filed by the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in the District may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in the District. If a claimant elects to prove his or her claim in the District, the claimant shall file his or her claim with the liquidator in the manner provided in §§ 31-1333 and 31-1334 . The ancillary receiver shall make his or her recommendation to the court as under § 31-1341 . He or she shall also arrange a date for hearing if necessary under § 31-1337 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in the District involving the adjudication of the claim.
(c) The final allowance of the claim by the courts of the District shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in the District.
D.C. Code § 31-2602.13 — DC Code / Title 31 / Chapter 26 / § 31-2602.13
§ 31-2602.13. Single annual license fee.
Status: repealed

Repealed.
D.C. Code § 31-3931.04 — DC Code / Title 31 / Chapter 39A / § 31-3931.04
§ 31-3931.04. Protected cell captive insurers.
Status: in_force

(a) For the purposes of this chapter, the term:
  (1) “Incorporated protected cell” means a protected cell that is established as a corporation or other legal entity separate from the protected cell captive insurer of which it is a part.
  (2) “Protected cell” means a separate account established and maintained by a protected cell captive insurer and shall include an incorporated protected cell
  (3) “Protected cell captive insurer” means a captive insurer that:
    (A) Is formed and licensed under the provisions of this chapter;
    (B) Insures the risks of separate participants through a contract; and
    (C) Segregates each participant’s liability through one or more protected cells.
(b) (1) A captive insurer may be organized as a protected cell captive insurer and shall be permitted to form one or more protected cells under this chapter to insure risks of one or more participants. The assets and liabilities of each protected cell shall be held separately from the assets and liabilities of all other protected cells.
  (2) Repealed.
  (3) Repealed.
  (4) A protected cell captive insurer shall, at the time of paying the annual fee, pay an additional annual fee for each protected cell in an amount to be established by the Commissioner.
  (5) Each incorporated protected cell of a protected cell captive insurer shall be treated as a captive insurer for purposes of this chapter.
  (6) Unless otherwise permitted by the articles of incorporation or other organizational document of a protected cell captive insurer, each incorporated protected cell of the protected cell captive insurer shall have the same directors, secretary, and registered office as the protected cell captive insurer.
  (7) A protected cell captive insurer may provide that a protected cell it creates shall be wound up and dissolved upon:
    (A) The bankruptcy, death, expulsion, insanity, resignation or retirement of any participant of the protected cell;
    (B) The happening of some other event that is not the expiration of a fixed period of time; or
    (C) The expiration of a fixed period of time.
  (8) In addition to the requirements in §  31-3931.03(b) , the articles of incorporation of a protected cell captive insurer:
    (A) Shall provide that a protected cell shall not own shares in the protected cell captive insurer of which it is a part; and
    (B) May provide that a protected cell may own shares in any other protected cell of the protected cell captive insurer.
  (9) The name of a protected cell captive insurer shall include the words “Protected cell captive” or the abbreviation “PCC”.
  (10) A name that includes the words “Protected cell captive” may, in setting out or using its name for any purpose under this chapter, do so in full or in the abbreviated form.
  (11) A protected cell captive insurer shall assign a distinctive name to each of its protected cells that is not an incorporated protected cell that:
    (A) Identifies the protected cell as being part of the protected cell captive insurer;
    (B) Distinguishes the protected cell from any other protected cell of the protected cell captive insurer; and
    (C) Includes the words “Protected Cell” or the abbreviation “PC”.
  (12) An incorporated protected cell must include the words “Incorporated Cell” or the abbreviation “IC”.
  (13) Any captive insurer or protected cell formed prior to March 14, 2007, shall not be required to change its name or the designation of any of its protected cells to comply with the provisions of paragraphs (9), (10), (11), or (12) of this subsection.
  (14) A protected cell of a protected cell captive insurer, unless created as an incorporated protected cell, has no legal identity separate from that of the protected cell captive insurer of which it is a part.
  (15) A protected cell of a protected cell captive insurer may enter into an agreement with its protected cell captive insurer or with another protected cell of the protected cell captive insurer that shall be enforceable as if each protected cell of the protected cell captive insurer were a separate legal entity, even if the protected cell is not organized as an incorporated protected cell.
  (16) The assets of a protected cell captive insurer shall be cell assets or general assets. The cell assets comprise the assets of the protected cell captive insurer that are held within or on behalf of its protected cells. The general assets of a protected cell captive insurer comprise the assets of the protected cell captive insurer that are not cell assets.
  (17) The liabilities of a protected cell captive insurer shall be cell liabilities or general liabilities. The cell liabilities comprise the obligations of the protected cell captive insurer attributed to its protected cells. The general liabilities of a protected cell captive insurer comprise the obligations of the protected cell captive insurer that are not cell liabilities.
  (18) Each protected cell shall be accounted for separately on the books and records of the protected cell captive insurer to reflect the financial condition and results of operations of each protected cell, including net income or loss, dividends or other distributions to participants, and such other factors as may be provided by the participant contract or required by the Commissioner.
  (19) Each protected cell captive insurer shall annually file with the Commissioner such financial reports as the Commissioner shall require, which reports shall include financial statements detailing the financial experience of each protected cell.
  (20) The captive manager of a protected cell captive insurer shall immediately notify the Commissioner if any protected cell of the protected cell captive insurer becomes insolvent or is otherwise unable to meet its claims or other obligations.
  (21) A protected cell captive insurer may create and issue shares in one or more classes or series for one or more protected cells. The proceeds of the issue shall be included in the assets of the protected cell that issued the shares.
  (22) The proceeds of the issue of shares, other than protected cell shares, shall be included in the protected cell captive insurer’s general assets.
  (23) A protected cell captive insurer may pay a dividend on protected cell shares of any class or series whether or not a dividend is declared on any other class or series of protected cell shares or any other shares.
  (24) Dividends may be paid on protected cell shares only from the cell assets of the protected cell that issued the shares and otherwise in accordance with the rights of such shares.
  (25) No sale, exchange, or other transfer of assets may be made by a protected cell captive insurer between or among any of its protected cells without the written consent of the participants of the protected cell and the Commissioner.
  (26) No sale, exchange, transfer of assets, dividend, or distribution may be made from a protected cell to any person without the Commissioner’s prior written approval. An approval shall not be given if the sale, exchange, transfer, dividend, or distribution will result in the insolvency or impairment with respect to a protected cell.
  (27) The owners of a protected cell captive insurer, shall not, by virtue of being owners, be the owners or participants of any protected cell of the protected cell captive insurer.
  (28) The participants of a protected cell shall not, by virtue of being such participants, be the owners of the protected cell captive insurer or participants or owners of any other protected cell of the protected cell captive insurer.
  (29) Any individual or legal entity may be a participant in a protected cell formed under this chapter.
  (30) A participant in a protected cell need not be a shareholder of the protected cell or of the protected cell captive insurer or any affiliate thereof.
  (31) No participant contract shall take effect without the Commissioner’s prior written approval. The addition of each new protected cell or the withdrawal or other transfer of any participant from any existing protected cell shall constitute a change in the strategic business plan of that protected cell requiring the Commissioner’s prior written approval.
  (32) A protected cell captive insurer shall, in addition to keeping a register of its owners or participants, keep a register of the participants of each of its protected cells.
  (33) If a protected cell captive insurer (A) enters into a transaction in respect of a particular protected cell of the protected cell captive insurer, or (B) incurs a liability arising from an activity or asset of a particular protected cell, a claim by any person in connection with the transaction or liability extends only to the cell assets of the protected cell.
  (34) If a protected cell captive insurer (A) enters into a transaction in its own right and not in respect of any of its protected cells, (B) incurs a liability arising from an activity its own right and not in respect of any of its protected cells, or (C) incurs a liability arising from an asset held in its own right and not in respect of any of its protected cells, a claim by any person in connection with the transaction or liability shall extend only to the general assets of the protected cell captive insurer.
  (35) Except as provided by paragraphs (37) and (39) of this subsection, a protected cell captive insurer shall not satisfy any liability:
    (A) Attributable to a particular protected cell of the protected cell captive insurer from the general assets of the protected cell captive insurer; or
    (B) Whether attributable to a particular protected cell or not, from the cell assets of another protected cell of the protected cell captive insurer.
  (36) If (A) a protected cell captive insurer is permitted to do so under its articles of incorporation or similar organizational documents, and (B) the requirement set forth in paragraph (68) of this subsection is satisfied, the protected cell captive insurer may satisfy any liability attributable to a particular protected cell from the protected cell captive insurer’s general assets.
  (37) Prior to a protected cell captive insurer satisfying any liability attributable to a particular protected cell from the protected cell captive insurer’s general assets, the directors who authorize the satisfaction of the liability shall state as part of the authorization that, having made the inquiry into the affairs and prospects of the protected cell captive insurer, they have formed the opinion that:
    (A) Immediately following the date on which the liability is proposed to be met by the general assets of the protected cell captive insurer, the protected cell captive insurer will be able to discharge its liabilities as they fall due; and
    (B) Having regard to the prospects of the protected cell captive insurer, the intentions of the directors with respect to the management of the protected cell captive insurer’s business, and the amount and character of the financial resources that will, in their view, be available to the protected cell captive insurer, the protected cell captive insurer will be able to continue to carry on business and will be able to discharge its liabilities as they fall due until the expiration of the period of one year immediately following the date on which the liability is proposed to be satisfied by the general assets of the protected cell captive insurer or until the protected cell captive insurer is dissolved, whichever first occurs.
  (38) A protected cell captive insurer may satisfy any liability, whether attributable to a particular protected cell or not, from the cell assets of another protected cell if:
    (A) It is permitted to do so by the articles of incorporation or other organizational document of that other protected cell, in the case of an incorporated protected cell, or by the participant contract, in the case of all other protected cells; and
    (B) Prior to the protected cell captive insurer satisfying any liability from the cell assets of that other protected cell, the directors who authorize the satisfaction of the liability shall obtain written approval from the Commissioner, upon first having made full inquiry into the affairs and prospects of that protected cell, and stating, as part of the authorization, that they have formed the opinion that:
      (i) Immediately following the date on which the liability is proposed to be met by the cell assets of the protected cell, the protected cell will be able to discharge its liabilities as they fall due; and
      (ii) Having regard to the prospects of the protected cell, the intentions of the directors with respect to the management of the protected cell’s business, and the amount and character of the financial resources that will in their view be available to the protected cell, the protected cell will be able to continue to carry on business and will be able to discharge its liabilities as they become due or until the protected cell is dissolved, whichever first occurs.
  (39) A director who makes a statement under paragraph (37) or paragraph (38) of this subsection without having reasonable grounds for the opinion expressed in the statement violates this chapter and may be removed by order of the Commissioner.
  (40) If a protected cell captive insurer is liable for any penalty, under this chapter or otherwise, due to an act or failure to act of a protected cell of the protected cell captive insurer or of an officer or director of a protected cell of the protected cell captive insurer, the penalty shall:
    (A) Only be met by the protected cell captive insurer from the cell assets of the protected cell; and
    (B) Not be enforceable in any way against any other assets of the protected cell captive insurer or assets of any other protected cell.
  (41) The directors of a protected cell captive insurer shall establish and maintain, or cause to be established and maintained, procedures:
    (A) To segregate cell assets and liabilities separate and separately identifiable from general assets and liabilities;
    (B) To segregate cell assets and liabilities of each protected cell separate and separately identifiable from cell assets and liabilities of any other protected cell; and
    (C) Where relevant, to apportion or transfer assets and liabilities between protected cells or between protected cells and general assets and liabilities of the protected cell captive insurer.
  (42) If a protected cell captive insurer enters into an agreement with respect to a protected cell of the protected cell captive insurer, a director shall ensure that:
    (A) The other party to the transaction knows, or ought reasonably to know, that the protected cell captive insurer is acting with respect to a particular protected cell; and
    (B) The minutes of any meeting of directors held with regard to the agreement clearly record the fact that the company was entering into the agreement with respect to the protected cell and that the obligation imposed by subparagraph (A) of this paragraph was, or will be, complied with.
  (43) The duties of a director of a protected cell captive insurer under this chapter shall be in addition to, and not in lieu of, those under other applicable law.
  (44) Any act, matter, deed, agreement, contract, instrument under seal, or other instrument or arrangement which is to be binding on or to inure to the benefit of a protected cell that is not an incorporated protected cell shall be executed by the protected cell captive insurer for and on behalf of the protected cell, shall be identified, and, if in writing, shall indicate that the execution is in the name of, by, or for the account of the protected cell.
  (45) If a protected cell captive insurer fails to comply with paragraph (41) of this subsection:
    (A) The directors of the protected cell captive insurer shall, notwithstanding any provisions to the contrary in the protected cell’s organizational documents or in any contract with the protected cell captive insurer or otherwise, shall be personally liable for the liabilities of the protected cell captive insurer and the protected cell under the chapter, matter, deed, agreement, contract, instrument or arrangement that was executed; and
    (B) (i) Unless they were fraudulent, reckless, negligent, or acted in bad faith, the directors of the protected cell captive insurer shall have a right of indemnity, in the case of a matter on behalf of or attributable to a protected cell, against the assets of the protected cell.
      (ii) In the case of a matter not on behalf of or attributable to a protected cell, the directors shall have a right of indemnity against the general assets of the protected cell captive insurer.
  (46) Notwithstanding the provisions of paragraph (45)(A) of this subsection, a court may relieve a director of all or part of the personal liability under paragraph (45) of this subsection if he or she satisfies the court that he or she should be relieved because:
    (A) The director was not aware of the circumstances giving rise to the liability and, in being not so aware, was not fraudulent, reckless, or negligent and did not act in bad faith; or
    (B) The director expressly objected, and exercised such rights as a director, whether by way of voting power or otherwise, so as to try to prevent the circumstances giving rise to the liability.
  (47) If, pursuant to the provisions of paragraph (46) of this subsection, the court relieves a director of all or part of his or her personal liability under paragraph (45)(A) of this subsection, the court may order that the liability in question shall instead be met from such of the protected cell or general assets of the account of the protected cell captive insurer as may be specified in the order.
  (48) Any provision in the organizational document of a captive insurer or any other contractual provision under which the protected cell captive insurer may be liable, which provision purports to indemnify directors in respect of conduct which would otherwise prohibit them from indemnification by virtue of paragraph (46) of this subsection, shall be void.
  (49) A captive insurer may amend its organizational document to become a protected cell captive insurer.
  (50) The amendment of the organizational document of a captive insurer to become a protected cell captive insurer shall require approval by:
    (A) Holders of 2/3 of the outstanding shares or ownership interests of the captive insurer, unless a greater amount is required by the organizational document of the captive insurer; and
    (B) All the creditors of the captive insurer; provided, that if the consent of all the creditors of the captive insurer cannot be obtained, the amendment may be approved by the Commissioner if he or she is satisfied that no creditor will be materially prejudiced by the amendment.
  (51) A protected cell captive insurer may amend its other organizational document to cease to be a protected cell captive insurer.
  (52) The amendment of the other organizational document of a captive insurer to cease to be a protected cell captive insurer shall require approval by:
    (A) The Commissioner;
    (B) Holders of 2/3 of the outstanding shares or ownership interests of the protected cell captive insurer, unless a greater amount is required by the other organizational document of the protected cell captive insurer;
    (C) Two-thirds of the participants of each protected cell; and
    (D) All the creditors of the protected cell captive insurer and its protected cells; provided, that if the consent of all the creditors of the captive insurer and its protected cells cannot be obtained, the amendment may be approved by the Commissioner upon being satisfied that no creditor will be materially prejudiced by the amendment.
  (53) If a captive insurer or protected cell captive insurer seeks to change its status in accordance with paragraph (49) or (51) of this subsection, the Commissioner shall issue a certificate of authority that is appropriate to the amended status of the company if there is delivered to the Commissioner:
    (A) A copy of the amendment to its name; and
    (B) Evidence satisfactory to the Commissioner that the requirements of paragraph (50) or (52) of this subsection have been met.
  (54) If a company changes its status in accordance with this section, the change of status shall take effect when the Commissioner issues a new certificate of authority.
  (55) A protected cell of a protected cell captive insurer may be transferred to another protected cell captive insurer.
  (56) The protected cell captive insurers between which a protected cell is being transferred shall enter into a written agreement that sets forth the terms of the transfer.
  (57) A transfer of a protected cell shall be approved when the directors of each protected cell captive insurer who authorized the transfer have approved the transfer and:
    (A) When the transfer agreement is approved by the Commissioner as an arrangement in accordance with this chapter;
    (B) When the transfer agreement is consented to by at least 2/3 of the participants of the protected cell being transferred and all the creditors, if any, of that protected cell; or
    (C) If the agreement of all the creditors of the cell cannot be obtained, when the transfer is approved by the Commissioner upon being satisfied that no creditor of the cell will be materially prejudiced by the transfer.
  (58) Within 30 days of a transfer agreement being approved by the Commissioner, the protected cell captive insurer to which the protected cell is being transferred shall deliver to the Commissioner:
    (A) A copy of the executed transfer agreement; and
    (B) A declaration made in accordance with paragraph (59) of this subsection, signed by a majority of the directors of the protected cell captive insurer transferring the protected cell who authorized the transfer.
  (59) The declaration required in paragraph (58)(B) of this subsection shall state that each director has reason to believe that:
    (A) The protected cell being transferred is able to discharge its liabilities as they become due;
    (B) There are no creditors of the protected cell captive insurer from which the cell is being transferred whose interests will be unfairly prejudiced by the transfer; and
    (C) The transfer agreement has been approved in accordance with this chapter.
  (60) If a protected cell captive insurer fails to deliver the documents mentioned in paragraph (58) of this subsection within the 30-day period, the Commissioner may void the transfer.
  (61) The Commissioner may void the transfer and order the removal of any director who makes a declaration under paragraph (59) of this subsection without having the grounds to do so.
  (62) Upon delivery of the documents referred to in paragraph (58) to the Commissioner, the Commissioner shall, if those documents comply with this chapter:
    (A) Record the transfer of the protected cell;
    (B) Issue to the protected cell a new certificate of authority; and
    (C) Record that the protected cell has ceased to be a protected cell of the protected cell captive insurer that transferred the protected cell.
  (63) Upon the issuance of the new certificate of authority:
    (A) The protected cell shall cease to be a protected cell of the protected cell captive insurer that transferred it;
    (B) The protected cell becomes a protected cell of the protected cell captive insurer to which it has been transferred;
    (C) If a protected cell was an incorporated protected cell or an unincorporated protected cell;
      (i) All property and rights to which the protected cell was entitled immediately before the issue of the new certificate of authority shall remain the property and rights of the protected cell;
      (ii) The liabilities, and all contracts, debts, and other obligations to which the protected cell was subject immediately before the issue of the new certificate of authority, shall remain the liabilities, contracts, debts, and other obligations of the protected cell; and
      (iii) All actions and other legal proceedings which, immediately before the issue of the new certificate of authority were pending by or against such protected cell may be continued by or against the protected cell.
  (64) The operation of paragraph (63) of this subsection shall not be regarded as:
    (A) A breach of contract or otherwise as a civil wrong;
    (B) A breach of any contractual provision prohibiting, restricting, or regulating the assignment or transfer of rights or liabilities; or
    (C) Giving rise to any remedy by a party to a contract or other instrument as an event of default under any contract or other instrument or as causing or permitting the termination of any contract or other instrument or of any obligation or relationship.
  (65) A protected cell shall not be transferred under this chapter if the transfer would be inconsistent with the articles of incorporation or similar organizational document, if applicable, of the protected cell, the protected cell captive insurer transferring the protected cell, or the protected cell captive insurer to which it is to be transferred.
  (66) Any insurer, including a captive insurer, that is not a protected cell captive insurer, may become a protected cell of a protected cell captive insurer.
  (67) A protected cell of a protected cell captive insurer may apply to the Commissioner to be incorporated as an insurer, including a captive insurer, independent from the protected cell captive insurer.
  (68) An application made under paragraph (67) of this subsection shall be approved by 2/3 of the participants of the protected cell or, if the protected cell has more than one class of participants, 2/3 approval of each class of participants, unless the organizational document of the protected cell provides for a greater percentage.
  (69) If a protected cell has made an application under paragraph (68) of this subsection, a participant of the protected cell who objects to the protected cell being incorporated as an insurer, including a captive, independent of its protective cell captive may petition the Commissioner for an order denying the application on the grounds that the incorporation or the terms of the incorporation unfairly prejudice his or her interests.
  (70) An application shall not be made under paragraph (69) of this subsection after the expiration of the 30-day period following the application being made under paragraph (67) of this subsection.
  (71) If a protected cell is licensed as a legal entity pursuant to this section, and if the protected cell was either an incorporated protected cell or an unincorporated protected cell of a protected cell captive insurer:
    (A) All property and rights to which the protected cell was entitled immediately before its licensure as a new entity shall remain the property and rights of the new entity;
    (B) The protected cell shall remain subject to all criminal and civil liabilities and all contracts, debts, and other obligations to which the protected cell was subject immediately before its licensure as a new entity;
    (C) All contracts, debts, and other obligations of the protected cell shall remain the contracts, debts, other obligations of the new entity; and
    (D) All actions and other legal proceedings which, immediately before the licensure of the protected cell as a new entity, were pending by or against the protected cell may be continued by or against the new entity.
  (72) The operation of paragraph (71)(B) and (D) of this subsection shall not be regarded as:
    (A) A breach of contract;
    (B) A breach of any contractual provision prohibiting, restricting, or regulating the assignment or transfer of rights or liabilities; or
    (C) Giving rise to any remedy by a party to a contract or other instrument as an event of default under the contract or other instrument or as causing or permitting the termination of any contract or other instrument or of any obligation or relationship.
D.C. Code § 31-3303.08 — DC Code / Title 31 / Chapter 33 / § 31-3303.08
§ 31-3303.08. Disclosure of information.
Status: in_force

(a) Any health insurer offering health insurance coverage to a small employer shall make a reasonable disclosure of the availability of information to such an employer, as part of its solicitation and sales materials, and upon request of such an employer, information concerning:
  (1) The provisions of such coverage concerning the health insurer’s right to change premium rates and the factors that may affect changes in premium rates;
  (2) The provisions of such coverage relating to renewability of coverage;
  (3) The provisions of such coverage relating to any preexisting condition exclusion; and
  (4) The benefits and premiums available under all health insurance coverage for which the employer is qualified.
(b) A health insurer is not required under this subchapter to disclose any information that is proprietary and trade secret information.
D.C. Code § 31-1603 — DC Code / Title 31 / Chapter 16 / § 31-1603
§ 31-1603. Prohibited actions.
Status: in_force

(a) Repealed.
(b) (1) In determining whether to issue, cancel, or renew insurance coverage, an insurer may not use age, marital status, geographic area of residence, occupation, sex, sexual orientation, gender identity or expression, or any similar factor or combination of factors for the purpose of seeking to predict whether any individual may in the future develop AIDS or ARC.
  (2) In determining rates, premiums, dues, assessments, benefits covered, or expenses reimbursable, or in any other aspect of insurance marketing or coverage, an insurer may not use age, marital status, geographic area of residence, occupation, sex, sexual orientation, gender identity or expression, or any similar factor or combination of factors for the purpose of seeking to predict whether any individual may in the future develop AIDS or ARC.
(c) No health or disability insurance policy or contract shall contain any exclusion, reduction, other limitation of coverage, deductibles, or coinsurance provisions related to the care and treatment of AIDS, ARC, HIV infection, or any illness or disease arising from these medical conditions, unless the provisions apply generally to all benefits under the policy or contract.
(d) No life insurance policy or contract shall contain any exclusion, reduction, or other limitation of benefits related to AIDS, ARC, HIV infection, or any disease arising from these medical conditions, as a cause of death.
D.C. Code § 31-2003 — DC Code / Title 31 / Chapter 20 / § 31-2003
§ 31-2003. Company Action Level Event.
Status: in_force

(a) For the purposes of this chapter, the term “Company Action Level Event” means any of the following events:
  (1) The filing of an RBC Report by an insurer which indicates that:
    (A) The insurer’s total adjusted capital is greater than or equal to its Regulatory Action Level RBC, but less than its Company Action Level RBC;
    (B) If a life or health insurer or fraternal benefit society, the insurer has total adjusted capital which 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 has a negative trend;  or
    (C) If  a property and casualty insurer, the insurer has total adjusted capital which 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 Property and Casualty RBC instructions;
  (2) The notification by the Commissioner to the insurer of an Adjusted RBC Report that indicates an event in paragraph (1) of this subsection, provided the insurer does not challenge the Adjusted RBC Report under § 31-2007 ; or
  (3) If, pursuant to § 31-2007 , an insurer challenges an Adjusted RBC Report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge.
(b) In the event of a Company Action Level Event, the insurer shall prepare and submit to the Commissioner an RBC Plan which shall:
  (1) Identify the conditions which contribute to the Company Action Level Event;
  (2) Contain proposals of corrective actions which the insurer intends to take and would be expected to result in the elimination of the Company Action Level Event;
  (3) Provide projections of the insurer’s financial results in the current year and at least the 4 succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory operating income, net income, capital, or surplus. The projections for both new and renewal business might include separate projections for each major line of business and separately identify each significant income, expense, and benefit component;
  (4) Identify the key assumptions impacting the insurer’s projections and the sensitivity of the projections to the assumptions; and
  (5) Identify the quality of, and problems associated with, the insurer’s business, including, but not limited to, its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance, if any, in each case.
(c) The RBC Plan shall be submitted to the Commissioner within 45 days of the Company Action Level Event; or if the insurer challenges an Adjusted RBC Report pursuant to § 31-2007 , within 45 days after notification to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge.
(d) Within 60 days after the submission by an insurer of an RBC Plan to the Commissioner, the Commissioner shall notify the insurer whether the RBC Plan shall be implemented or is, in the judgment of the Commissioner, unsatisfactory. If the Commissioner determines the RBC Plan is unsatisfactory, the notification to the insurer shall set forth the reasons for the determination, and may set forth proposed revisions which will render the RBC Plan satisfactory. Upon notification from the Commissioner, the insurer shall prepare a Revised RBC Plan, which may incorporate by reference any revisions proposed by the Commissioner, and shall submit the Revised RBC Plan to the Commissioner within 45 days after the notification from the Commissioner; or if the insurer challenges the notification from the Commissioner under § 31-2007 , within 45 days after a notification to the insurer that the Commissioner has, after a hearing, rejected the insurer’s challenge.
(e) In the event of a notification by the Commissioner to an insurer that the insurer’s RBC Plan or Revised RBC Plan is unsatisfactory, the Commissioner may at the Commissioner’s discretion, subject to the insurer’s right to a hearing under § 31-2007 , specify in the notification that the notification constitutes a Regulatory Action Level Event as defined in § 31-2004 .
(f) Every domestic insurer that files an RBC Plan or Revised RBC Plan with the Commissioner shall file a copy of the RBC Plan or Revised RBC Plan with the insurance commissioner in any state in which the insurer is authorized to do business if:
  (1) Such state has a RBC provision substantially similar to § 31-2008(a) ; and
  (2) The insurance commissioner of that state has notified the insurer of its request for the filing in writing, in which case the insurer shall file a copy of the RBC Plan or Revised RBC Plan in that state no later than the later of:
    (A) Fifteen days after the receipt of notice to file a copy of its RBC Plan or Revised RBC Plan with the state; or
    (B) The date on which the RBC Plan or Revised RBC Plan is filed under § 31-2003(c) and (d).
D.C. Code § 31-3302.06 — DC Code / Title 31 / Chapter 33 / § 31-3302.06
§ 31-3302.06. Fair market provision.
Status: in_force

The provisions of § 31-3303.07(j) shall apply to health insurance coverage offered by a health insurer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurer in connection with a group health plan in the small or large group market.
D.C. Code § 31-4306 — DC Code / Title 31 / Chapter 43 / § 31-4306
§ 31-4306. Annual financial statement — Forms to be furnished by Superintendent.
Status: repealed

Repealed.
D.C. Code § 31-5718 — DC Code / Title 31 / Chapter 57 / § 31-5718
§ 31-5718. Insurance and/or annuities upon lives of children; applications.
Status: repealed

Repealed.
D.C. Code § 31-2231.10 — DC Code / Title 31 / Chapter 22A / § 31-2231.10
§ 31-2231.10. Failure to maintain marketing and performance records.
Status: in_force

No person shall fail to maintain its books, records, documents, and other business records in such order that data regarding complaints, claims, rating, underwriting, and marketing are not accessible and retrievable for examination by the Commissioner. Data for at least the current calendar year and the 2 preceding years shall be maintained.
D.C. Code § 31-3917 — DC Code / Title 31 / Chapter 39 / § 31-3917
§ 31-3917. Regulations.
Status: repealed

Repealed.
D.C. Code § 31-311.02 — DC Code / Title 31 / Chapter 3 / § 31-311.02
§ 31-311.02. Conduct of insurer in connection with the preparation of required reports and documents.
Status: in_force

(a) A director or officer of an insurer shall not, in connection with any audit, review, or communication required under this chapter, directly or indirectly:
  (1) Make, or cause to be made, a materially false or misleading statements [sic] to an accountant; or
  (2) Omit to state, or cause another person to omit to state, any material fact necessary to make a statement made to an accountant, in light of the circumstances under which they were made, not misleading.
(b) (1) A director or officer of an insurer, or any other person acting under the direction thereof, shall not, directly or indirectly, take any action to coerce, manipulate, mislead, or fraudulently influence any accountant engaged in the performance of an audit pursuant to this chapter if the person knew or should have known that the action, if successful, could result in rendering the insurer’s financial statements materially misleading.
  (2) For the purposes of this subsection, actions that could result in rendering the insurer’s financial statements materially misleading include actions causing the accountant to:
    (A) Issue or reissue a report on an insurer’s financial statements that is not warranted under the circumstances due to material violations of statutory accounting principles, generally accepted auditing standards, or other professional or regulatory standards;
    (B) Not perform audit, review, or other procedures required by generally accepted auditing standards or other professional standards;
    (C) Not withdraw an issued report; or
    (D) Not communicate matters to an insurer’s audit committee.
D.C. Code § 31-3507 — DC Code / Title 31 / Chapter 35 / § 31-3507
§ 31-3507. Filing of provider contracts.
Status: in_force

(a) A corporation holding a certificate of authority under this chapter may enter into contracts with licensed hospitals, licensed physicians, and other duly licensed medical services providers.
(b) A copy of each contract form that a corporation, referred to in subsection (a) of this section, has with licensed hospitals, licensed physicians, and other duly licensed medical services providers shall be filed with the Mayor.
D.C. Code § 31-203 — DC Code / Title 31 / Chapter 2 / § 31-203
§ 31-203. Required annual financial statements of companies or associations — Contents; publication.
Status: repealed

Repealed.
D.C. Code § 31-4110 — DC Code / Title 31 / Chapter 41 / § 31-4110
§ 31-4110. Administrative and procedural authority regarding risk retention groups and purchasing groups.
Status: in_force

The Commissioner is authorized to make use of any of the powers established under the Insurance Code of the District of Columbia to enforce the laws of the District of Columbia not specifically preempted by the federal Liability Risk Retention Act of 1986 (15 U.S.C. § 3901   et seq.), including the Commissioner’s administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties, and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the Commissioner can rely on the procedural laws of the District. The injunctive authority of the Commissioner, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
D.C. Code § 31-910 — DC Code / Title 31 / Chapter 9 / § 31-910
§ 31-910. Rights of members whose policies are issued after adoption of the plan and before its effective date.
Status: in_force

(a) All members whose policies are issued after the proposed plan has been adopted by the board of directors and before the effective date of the plan shall be given written notice of the plan of conversion. The notice shall specify the member’s right to terminate that policy as provided in subsection (b) of this section within 30 days after the effective date of the plan. A copy of the plan or a summary of the plan shall accompany the notice. The form of the notice shall be filed with and approved by the Commissioner.
(b) Any member entitled to receive the notice described in subsection (a) of this section shall be entitled to terminate his or her policy and receive a pro rata refund of any amounts paid for the policy or contract within 15 days after receipt of the notice.
D.C. Code § 31-3864 — DC Code / Title 31 / Chapter 38D / § 31-3864
§ 31-3864. Remote patient monitoring service providers; payment.
Status: repealed

Repealed.
D.C. Code § 31-1303 — DC Code / Title 31 / Chapter 13 / § 31-1303
§ 31-1303. Jurisdiction and venue.
Status: in_force

(a) No delinquency proceeding shall be commenced under this chapter by anyone other than the Commissioner of the Department of Insurance, Securities, and Banking and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person.
(b) No court of the District of Columbia shall have jurisdiction to entertain, hear, or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to, or relating to these proceedings other than in accordance with this chapter.
(c) In addition to other grounds for jurisdiction provided by law of the District, the Superior Court of the District of Columbia has jurisdiction over a person served pursuant to the Superior Court Rules of Civil Procedure or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in the District:
  (1) If the person served is an agent, broker, or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;
  (2) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract;
  (3) If the person served is or has been an officer, director, manager, trustee, organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer;
  (4) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or
  (5) If the person served is obligated to the insurer, in any way whatsoever, in any action on or incident to the obligation.
(d) If the court, on motion of any party, finds that any action should as a matter of substantial justice be tried in a forum outside the District, the court may enter an appropriate order to stay further proceedings on the action in the District.
(e) All action authorized in this section shall be brought in the Superior Court of the District of Columbia.
D.C. Code § 31-4106 — DC Code / Title 31 / Chapter 41 / § 31-4106
§ 31-4106. Purchasing groups — Exemption from certain laws.
Status: in_force

A purchasing group and its insurer or insurers shall be subject to all applicable laws of the District, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law that would:
(1) Prohibit the establishment of a purchasing group;
(2) Make it unlawful for an insurer to provide, or offer to provide, insurance on a basis providing to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters;
(3) Prohibit a purchasing group or its members from purchasing insurance on a group basis described in paragraph (2) of this section;
(4) Prohibit a purchasing group from obtaining insurance on a group because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;
(5) Require that a purchasing group must have a minimum number of common ownership or affiliation, or certain legal form;
(6) Require that a certain percentage of a purchasing group must obtain insurance on a group basis;
(7) Otherwise discriminate against a purchasing group or any of its members; or
(8) Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in the District.
D.C. Code § 31-3162 — DC Code / Title 31 / Chapter 31C / § 31-3162
§ 31-3162. 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 § 31-3311.03b — DC Code / Title 31 / Chapter 33A / § 31-3311.03b
§ 31-3311.03b. Underwriting ratemaking criteria.
Status: in_force

(a) To implement section 1201 of the Affordable Care Act, the Commissioner, with the approval of the Executive Board of the Health Benefit Exchange Authority, shall have the authority to establish by rule:
  (1) The geographic rating area for the District;
  (2) The age rating or curve; and
  (3) The rating for tobacco uses.
(b) The Commissioner’s authority to implement subsection (a) of this section shall be accomplished in a manner that is not inconsistent with, or would prevent the application of, the Affordable Care Act and its implementing regulations. In exercising the authority under subsection (a) of this section, the Commissioner may provide consumer protections and benefits that exceed those provided in the Affordable Care Act.
(c) Health insurers are required to merge their experience in the individual and group markets for purposes of setting health insurance rates.
D.C. Code § 31-1343 — DC Code / Title 31 / Chapter 13 / § 31-1343
§ 31-1343. Unclaimed and withheld funds.
Status: in_force

(a) All unclaimed funds subject to distribution remaining in the liquidator’s hands when he or she is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the District of Columbia, and shall be paid without interest, except in accordance with § 31-1340 , to the person entitled thereto or his or her legal representative upon proof satisfactory to the District of Columbia Treasurer of his or her right thereto. Any amount on deposit and not claimed at the time of the discharge of the liquidator shall be distributed in accordance with Chapter 1 of Title 41 .
(b) All funds withheld under § 31-1336 and not distributed shall, upon discharge of the liquidator, be deposited with the District of Columbia Treasurer and paid by him or her in accordance with § 31-1340 . Any sums remaining, which under § 31-1340 would revert to the undistributed assets of the insurer, shall be transferred to the District of Columbia Treasurer and become the property of the District under subsection (a) of this section, unless the Commissioner in his or her discretion petitions the court to reopen the liquidation under § 31-1345 .
D.C. Code § 31-3001 — DC Code / Title 31 / Chapter 30 / § 31-3001
§ 31-3001. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Health benefit plan” means an 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” shall not mean accident only, credit, or  disability insurance; coverage of medicare services or federal employee health  plans under contracts with the United States Government; medicare supplement  or long-term care 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 which is statutorily required to  be contained in a liability insurance policy or equivalent self-insurance.
(2) “Health insurer” means a 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 of the Department of Insurance, Securities, and Banking.
(3) “Insured” means a person covered by a health benefit plan.
D.C. Code § 31-3303.03 — DC Code / Title 31 / Chapter 33 / § 31-3303.03
§ 31-3303.03. Renewability.
Status: in_force

(a) Every health insurer that offers health insurance coverage in the group market in the District of Columbia shall renew such coverage with respect to all insureds at the option of the employer except:
  (1) For nonpayment of the required premiums by the policyholder or contract holder, or where the health insurer has not received timely premium payments;
  (2) When the health insurer is ceasing to offer coverage in the small or large group market in accordance with paragraphs (9) and (10) of this subsection;
  (3) For fraud or misrepresentation by the employer with respect to their coverage;
  (4) With regard to coverage provided to an eligible employee, for fraud or misrepresentation by the employee with regard to his or her coverage;
  (5) For failure to comply with contribution and participation requirements defined by the health benefit plan;
  (6) For failure to comply with health benefit plan provisions that have been approved by the Commissioner;
  (7) When a health insurer offers health insurance coverage in the group market through a network plan and there is no longer an enrollee in connection with such plan who lives, resides, or works in the service area of the health insurer (or in the area for which the health insurer is authorized to do business), and, in the case of the group market, the health insurer would deny enrollment with respect to such plan under the provisions of paragraphs (9) and (10) of this subsection;
  (8) When health insurance coverage is made available in the group market only through one or more bona fide associations, the membership of an employer 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 relating to any covered individual;
  (9) When a health insurer decides to discontinue offering a particular type of group health insurance coverage in the small or large group market in the District of Columbia, coverage of such type may be discontinued by the health insurer in accordance with the laws of the District of Columbia in such market only if the health insurer provides notice to each plan sponsor provided coverage of this type in such market (and participants and beneficiaries covered under such coverage) of such discontinuation at least 90 days prior to the date of the discontinuance; or
  (10) (A) In any case in which a health insurer elects to discontinue offering all health insurance coverage in the small or large group market in the District of Columbia, health insurance coverage may be discontinued by the health insurer only in accordance with the laws of the District of Columbia and if:
      (i) The health insurer provides notice to the Commissioner and to each plan sponsor (and participants and beneficiaries covered under such coverage) of such discontinuation at least 180 days prior to the date of the discontinuation of such coverage; and
      (ii) All health insurance issued or delivered for issuance in the District of Columbia in such market (or markets) are discontinued and coverage under such health insurance coverage in such market (or markets) is not renewed.
    (B) In the case of a discontinuation in the market, the health insurer may not provide for the issuance of any health insurance coverage in the market involved during the 5-year period beginning on the date of the discontinuance of the last health insurance coverage not so renewed.
(b) At the time of coverage renewal, a health insurer may modify the health insurance coverage for a product offered to a group health plan in the large group market, or, in the small group market if, for coverage that is available in such market other than only through one or more bona fide associations, such modification is consistent with the law of the District of Columbia and effective on a uniform basis among health insurers with that product.
D.C. Code § 31-3913 — DC Code / Title 31 / Chapter 39 / § 31-3913
§ 31-3913. Rating organization.
Status: repealed

Repealed.
D.C. Code § 31-2993.01 — DC Code / Title 31 / Chapter 29B / § 31-2993.01
§ 31-2993.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Approved clinical trial” means:
  (A) A clinical research study or clinical investigation approved or funded in full or in part by one or more of the following:
    (i) The National Institutes of Health;
    (ii) The Centers for Disease Control and Prevention;
    (iii) The Agency for Health Care Research and Quality;
    (iv) The Centers for Medicare and Medicaid Services;
    (v) A bona fide clinical trial cooperative group, including the National Cancer Institute Clinical Trials Cooperative Group, the National Cancer Institute Community Clinical Oncology Program, the AIDS Clinical Trials Group, and the Community Programs for Clinical Research in AIDS; or
    (vi) The Department of Defense, the Department of Veterans Affairs, or the Department of Energy, or a qualified nongovernmental research entity to which the National Cancer Institute has awarded a support grant;
  (B) A study or investigation approved by the Food and Drug Administration (“FDA”), including those conducted under an investigational new drug or device application reviewed by the FDA; or
  (C) An investigation or study approved by an Institutional Review Board registered with the Department of Health and Human Services that is associated with an institution that has a federal-wide assurance approved by the Department of Health and Human Services specifying compliance with 45 C.F.R. Part 46.
(2) “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” shall not include 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.
(3) “Health insurer” means:
  (A) Any person that provides one or more health benefit plans or insurance in the District, 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;
  (B) A provider service organization;
  (C) The District of Columbia Medicaid agency;
  (D) Other governmental medical assistance programs, including their contracted insurers, whether providing services on a managed care or fee-for-service basis;
  (E) The District’s children’s health insurance program; or
  (F) Any other plans covering public employees.
(4) “Qualified individual” means:
  (A) (i) An individual who is a policyholder, subscriber, insured, certificate holder, or enrollee of a health benefit plan;
    (ii) A beneficiary of a District of Columbia public health program; or
    (iii) A covered dependent of a policyholder, subscriber, insured, certificate holder, or enrollee; and
  (B) Who meets the following conditions:
    (i) The individual is eligible to participate in an approved clinical trial; and
    (ii) The approved clinical trial is undertaken for the purposes of the prevention, early detection, treatment, or monitoring of cancer, chronic disease, or life-threatening illness.
(5) (A) “Routine patient care costs” means:
    (i) Items, drugs, and services that are typically provided absent a clinical trial;
    (ii) Items, drugs, and services required solely for the provision of the investigational item or service (such as the administration of a non-covered chemotherapeutic agent), the clinically appropriate monitoring of the effects of the item or service, or the prevention of complications; and
    (iii) Items, drugs, and services needed for reasonable and necessary care arising from the provision of an investigational item or service, including the diagnosis or treatment of complications.
  (B) Routine patient care costs shall not include:
    (i) The cost of tests or measurements conducted primarily for the purpose of the clinical trial involved or items, drugs, or services provided solely to satisfy data collection and analysis needs; or
    (ii) Items, drugs, or services customarily provided by the research sponsors free of charge for any qualified individual enrolled in the trial.
D.C. Code § 31-3755 — DC Code / Title 31 / Chapter 37 / § 31-3755
§ 31-3755. Disclosure standards.
Status: repealed

Repealed.
D.C. Code § 31-2502.27 — DC Code / Title 31 / Chapter 25 / § 31-2502.27
§ 31-2502.27. Filing and approval of policy forms.
Status: in_force

The Commissioner may require that all policy forms used by every company covering risks in the District be filed with the Commissioner. The Commissioner shall have authority to disapprove, within 60 days after the date of the receipt of a filing, the use in the District of any policy form which is inequitable, or does not comply with the requirement of the law of the District. If a policy form is not disapproved for use within the 60-day period described above, the Commissioner may not disapprove it for use unless it does not comply with the requirements of the law of the District.
D.C. Code § 31-2012 — DC Code / Title 31 / Chapter 20 / § 31-2012
§ 31-2012. Notices.
Status: in_force

All notices by the Commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer’s receipt of such notice.
D.C. Code § 31-6013 — DC Code / Title 31 / Chapter 60 / § 31-6013
§ 31-6013. Exemption from fees and taxes.
Status: repealed

Repealed.
D.C. Code § 31-4105 — DC Code / Title 31 / Chapter 41 / § 31-4105
§ 31-4105. Countersignatures not required.
Status: in_force

A policy of insurance issued to a risk retention group, or any member of that group, shall not be required to be countersigned as otherwise provided in the District of Columbia insurance law.
D.C. Code § 31-1317 — DC Code / Title 31 / Chapter 13 / § 31-1317
§ 31-1317. Continuance of coverage.
Status: in_force

(a) All policies, including bonds and other noncancellable business, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of:
  (1) A period of 30 days from the date of entry of the liquidation orders;
  (2) The expiration of the policy coverage;
  (3) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;
  (4) The liquidator has effected a transfer of the policy obligation pursuant to § 31-1319(a)(9) ; or
  (5) The date proposed by the liquidator and approved by the court to cancel coverage.
(b) An order of liquidation under § 31-1316 shall terminate coverages at the time specified in subsection (a) of this section for purposes of any other statute.
(c) Policies of life or health insurance or annuities shall continue in force for such a period and under the terms provided for by any applicable guaranty association or foreign guaranty association.
(d) Policies of life or health insurance or annuities or any period or coverage of any policies not covered by a guaranty association or foreign guaranty association shall terminate under subsections (a) and (b) of this section.
D.C. Code § 31-3419 — DC Code / Title 31 / Chapter 34 / § 31-3419
§ 31-3419. Suspension or revocation of certificate of authority.
Status: in_force

(a) Any certificate of authority issued under this chapter may be suspended or revoked, and any application for a certificate of authority may be denied, if the Commissioner finds that any of the conditions listed below exist:
  (1) A health maintenance organization is operating significantly in contravention of its basic organizational document or in a manner inconsistent with this chapter.
  (2) A health maintenance organization issued an evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of §§ 31-3407 and 31-3415 .
  (3) A health maintenance organization does not provide or arrange for basic health care services.
  (4) The Commissioner certifies that:
    (A) A health maintenance organization does not meet the requirements of § 31-3403(b) ; or
    (B) A health maintenance organization is unable to fulfil its obligations to furnish health care services.
  (5) A health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees.
  (6) A health maintenance organization has failed to correct, within the time prescribed by subsection (c) of this section, any deficiency occurring due to such health maintenance organization’s prescribed minimum net worth being impaired.
  (7) A health maintenance organization has failed to implement the grievance procedure required by § 31-3410 in a reasonable manner to resolve valid complaints.
  (8) A health maintenance organization, or any person authorized to act on its behalf, has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive, or unfair manner.
  (9) The continued operation of a health maintenance organization would be dangerous to its enrollees.
  (10) The health maintenance organization has otherwise failed substantially to comply with this chapter.
  (11) The health maintenance organization has filed, caused to be filed, or failed to prevent the filing of, a statement on its behalf from an independent organization attesting to its qualifications to transact business in the District for which it sought and received a certificate of authority if it knew, or should have known, that the statement was based on false, misleading, or incomplete information.
  (12) The health maintenance organization has filed, caused to be filed, or failed to prevent the filing of a statement on its behalf by a corporate officer attesting to its qualifications to transact business in the District for which it sought and received a certificate of authority if it knew, or should have known, that the statement was based on false, misleading, or incomplete information.
  (13) A health maintenance organization has violated a law of the District, has violated its charter, or has exceeded its corporate powers.
(b) In addition to, or in lieu of suspension or revocation of a certificate of authority pursuant to this section, the applicant or health maintenance organization may be subject to an administrative penalty of up to $1000 a day for each cause for suspension or revocation.
(c) The following shall pertain when insufficient net worth is maintained:
  (1) Whenever the Commissioner finds that the net worth maintained by any health maintenance organization subject to the provisions of this chapter is less than the minimum net worth required to be maintained by § 31-3412 , the Commissioner shall give written notice to the health maintenance organization of the amount of the deficiency and require:
    (A) Filing with the Commissioner a plan for correction of the deficiency acceptable to the Commissioner; and
    (B) Correction of the deficiency within a reasonable time, not to exceed 60 days, unless an extension of time is granted by the Commissioner.
  (2) Such a deficiency shall be deemed an impairment, and failure to correct the impairment in the prescribed time shall be grounds for suspension or revocation of the certificate of authority or for placing the health maintenance organization in conservation, rehabilitation, or liquidation.
  (3) Except for newborn children, other newly acquired dependents of existing enrollees, or other newly eligible individuals, or as otherwise allowed by the Commissioner, no health maintenance organization or person acting on its behalf may, directly or indirectly, renew, issue, or deliver any certificate, agreement, or contract of coverage in the District, for which a premium dues is charged or collected, when a health maintenance organization writing such coverage is impaired, and the fact of the impairment is known to the health maintenance organization or to the person.
  (4) The existence of an impairment, however, shall not prevent the issuance or renewal of a certificate, agreement, or contract when the enrollee exercises an option granted under the plan to obtain a new, renewed, or converted coverage.
(d) A certificate of authority shall be suspended or revoked, or an application or a certificate of authority denied, or an administrative penalty imposed only after compliance with the requirements of this section.
  (1) Suspension or revocation of a certificate of authority, the denial of an application, or the imposition of an administrative penalty pursuant to this section shall be by written order and shall be sent to the health maintenance organization or applicant by certified or registered mail. The written order shall state the grounds, charges, or conduct on which suspension, revocation, or denial or administrative penalty is based. A health maintenance organization or applicant may in writing request a hearing within 30 days from the date of mailing of the order. If no written request is made, such order shall be final upon the expiration of the 30 days.
  (2) If a health maintenance organization or applicant requests a hearing pursuant to this section, the Commissioner shall issue a written notice of hearing and send it to the health maintenance organization or applicant by certified or registered mail. The notice shall include the following:
    (A) A specific time for the hearing, which may not be less than 20 days nor more than 30 days after mailing of the notice of hearing; and
    (B) A specific place for the hearing.
  (3) If a hearing is requested, the Commissioner or his designated representative shall be in attendance and shall participate in the proceedings. The recommendations and findings of the Commissioner in respect to matters relating to the quality of health care services provided in connection with any decision regarding denial, suspension, or revocation of a certificate of authority shall be conclusive and binding upon the Mayor.
  (4) After such a hearing, or upon failure of the health maintenance organization to appear at the hearing, the Commissioner shall take whatever action he or she deems necessary based on written findings and shall mail his or her decision to the health maintenance organization or applicant. The action of the Commissioner shall be subject to review under subchapter I of Chapter 5 of Title 2 .
  (5) The provisions of the DCAPA shall apply to proceedings under this section.
  (6) When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of such suspension, enroll any additional enrollees except newborn children, other newly acquired dependents of existing enrollees, or other newly eligible individuals, and shall not engage in any advertising or solicitation whatsoever.
  (7) When the certificate of authority of a health maintenance organization is revoked, such organization shall proceed, immediately following the effective date of the order or revocation, to wind up its affairs within the District, and shall conduct no further business within the District except as may be essential to the orderly conclusion of the affairs of such organization within the District. It shall engage in no further advertising or solicitation whatsoever within the District. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.
D.C. Code § 31-5006 — DC Code / Title 31 / Chapter 50 / § 31-5006
§ 31-5006. Supervision and regulation of operations by Mayor.
Status: in_force

The operation of any inspection bureau, the Industry Placement Facility, and the Joint Underwriting Association shall at all times be subject to the supervision and regulation of the Mayor. The Mayor shall have the power of visitation of and examination into such operations and free access to all the books, records, files, papers, and documents that relate to such operations, may summon and qualify witnesses under oath, and may examine directors, officers, agents, employees or any other person having knowledge of such operations.
D.C. Code § 31-4713 — DC Code / Title 31 / Chapter 47 / § 31-4713
§ 31-4713. Prohibited activities — Securities operations.
Status: repealed

Repealed.
D.C. Code § 31-853 — DC Code / Title 31 / Chapter 8A / § 31-853
§ 31-853. Privilege.
Status: in_force

(a) (1) An insurance compliance self-evaluative audit document shall be privileged information and shall not be admissible as evidence in any legal action in a civil, criminal, or administrative proceeding, except as provided in subsections (b), (c), and (d) of this section and §§ 31-854 and 31-855 .
  (2) The privilege shall not extend to:
    (A) Documents, communications, data, reports, or other information required to be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under a District or federal law, rule, or order;
    (B) Information obtained by observation or monitoring by any regulatory agency; or
    (C) Information obtained from a source independent of the insurance compliance audit.
(b) If, in connection with examinations conducted under the insurance laws, a company voluntarily submits an insurance compliance self-evaluative audit document to the Commissioner, as delegate of the Mayor, as a confidential document, the provisions of § 31-1403(f) shall not apply to the insurance compliance self-evaluative audit document so voluntarily submitted.
(c) To the extent that the Commissioner has the authority to compel the disclosure of an insurance compliance self-evaluative audit document under other provisions of applicable law, the document furnished to the Commissioner shall not be provided to any other persons or entities and shall be accorded the same confidentiality and other protections as provided above for voluntarily submitted documents. Any use of an insurance compliance self-evaluative audit document furnished as a result of a request by the Commissioner under a claim of authority to compel disclosure shall be limited to determining whether or not any disclosed defects in an insurer’s policies and procedures or inappropriate treatment of customers has been remedied or that an appropriate plan for their remedy is in place.
(d) The privilege shall not apply to the extent that it is expressly waived by the company that prepared, or caused to be prepared, the insurance compliance self-evaluative audit document.
D.C. Code § 31-714 — DC Code / Title 31 / Chapter 7 / § 31-714
§ 31-714. Judicial review; mandamus.
Status: in_force

(a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Mayor pursuant to this subchapter may appeal to the District of Columbia Court of Appeals, in accordance with § 2-510 .
(b) The filing of an appeal pursuant to this section shall not stay the application of any such rule, regulation, order, or other action of the Mayor to the appealing party unless the court, after giving the appealing party notice and an opportunity to be heard, determines that failure to grant such a stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.
(c) Any person aggrieved by any failure of the Mayor to act or make a determination required by this subchapter may petition the Superior Court of the District of Columbia for a writ in the nature of a mandamus or a peremptory mandamus directing the Mayor to act or make such determination forthwith.
D.C. Code § 31-6009 — DC Code / Title 31 / Chapter 60 / § 31-6009
§ 31-6009. Effect of paid claims.
Status: repealed

Repealed.
D.C. Code § 31-2231.23 — DC Code / Title 31 / Chapter 22A / § 31-2231.23
§ 31-2231.23. Hearings.
Status: in_force

(a) Before the Commissioner takes an action under § 31-2231.22 , the Commissioner shall provide the person alleged to have violated this chapter an opportunity for a hearing.
(b) Notice of the hearing shall be given, and the hearing shall be held, in accordance with §§ 2-509 and 2-510 .
(c) The hearing notice shall be served at the person’s principal place of business by certified mail, return receipt requested, at least 30 days before the hearing.
(d) The Commissioner may administer oaths or affirmations, examine and cross-examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, or other documents deemed relevant to the matter at issue.
(e) In the case of a refusal of a person to comply with any subpoena issued or to testify with respect to any matter upon which the person may be lawfully interrogated, the Superior Court, on application of the Commissioner, may issue an order requiring the person to comply with the subpoena or to testify.
D.C. Code § 31-3410 — DC Code / Title 31 / Chapter 34 / § 31-3410
§ 31-3410. Grievance procedures.
Status: repealed

Repealed.
D.C. Code § 31-2502.11 — DC Code / Title 31 / Chapter 25 / § 31-2502.11
§ 31-2502.11. Kinds of insurance authorized.
Status: in_force

Any company authorized to do business in the District may, when empowered by its charter, make all or any 1 or more of the kinds of insurance and reinsurance comprised in either or both of the following classes, subject to and in accordance with the provisions of this chapter:
(1) Fire and marine. — On houses, buildings, and all other kinds of property against loss, damage, or damages by fire, lightning, or storm; to insure against loss or damage by water to any goods or premises arising from the breakage or leakage of sprinklers or water pipes; and to make all kinds of insurance against loss of or damage to goods, merchandise, or other property caused by fire, risks of transportation, or navigation, the action of the elements or adverse manifestations of nature, as well as all and every risk or peril to which the subject of insurance may be exposed, against which it is not contrary to public policy to insure, including every insurable interest therein or in the use thereof, or profit or income therefrom, or legal liability therefor, but not to include injury to the person nor loss caused by breach of trust; and
(2) Casualty. — (A) Upon the health of persons, or against injury, disablement, or death of persons resulting from traveling or general accidents by land or water, and against liability of the assured for injuries to employees or other persons;
  (B) Against liability of the assured for loss or destruction of or damage to property;
  (C) Upon the lives of domestic animals;
  (D) Against loss of or damage to glass and its appurtenances;
  (E) Against loss of or damage to any property resulting from the explosion of or injury to any boiler, heater, unfired pressure vessel, pipes, or containers connected therewith, any engine, turbine, compressor, pump, or wheel or any apparatus generating, transmitting or using electricity, or any other machine or apparatus connected with or operated by any of the previously named boilers, vessels, or machines; and including the incidental power to make inspections of and to issue certificates of inspection upon, any such boilers, apparatus, and machinery, whether insured or otherwise;
  (F) Against loss by burglary or theft, or both, and against loss of or damage to moneys and securities;
  (G) To guarantee and indemnify merchants, traders, and those engaged in business and giving credit, from loss and damage by reason of giving and extending credit to their customers and those dealing with them;
  (H) Against loss or damage by water or other fluid or substance to any property resulting from the breakage or leakage of sprinklers or water pipes; and
  (I) To insure against any other casualty risk which may lawfully be the subject of insurance, and which it is not contrary to public policy to insure; provided, that this section shall not be construed as having any effect whatever upon the right or authority of any solvent company to make contracts of fidelity or surety.
D.C. Code § 31-5606.03 — DC Code / Title 31 / Chapter 56 / § 31-5606.03
§ 31-5606.03. Enforcement — Judicial.
Status: in_force

(a) Whenever it appears to the Commissioner that a person is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order adopted under this chapter, the Commissioner may request the Corporation Counsel to bring an action in the Superior Court of the District of Columbia to obtain one or more of the following remedies:
  (1) Temporary restraining order; or
  (2) Temporary or permanent injunction.
(b) Whenever it appears to the Commissioner that a person has engaged in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the Commissioner may request the Corporation Counsel to bring an action in the Superior Court of the District of Columbia to obtain one or more of the following remedies:
  (1) Temporary restraining order;
  (2) Temporary or permanent injunction;
  (3) A civil penalty not to exceed $10,000 for a single violation;
  (4) A declaratory judgment;
  (5) Appointment of a receiver or conservator for the defendant or the defendant’s assets;
  (6) A freeze of the defendant’s assets; or
  (7) Any other relief as the court deems just, such as rescission, restitution, or disgorgement.
(c) The court shall not require the Commissioner to post a bond in any action under this section.
D.C. Code § 31-2201 — DC Code / Title 31 / Chapter 22 / § 31-2201
§ 31-2201. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(1A) “District” means the District of Columbia.
(2) “Non-U.S. insurer” means an insurer organized under the laws of a foreign country.
(3) Repealed.
(4) “United States Branch” or “U.S. Branch” means the business unit through which business is transacted within the United States by a non-U.S. insurer and the assets and liabilities of the insurer within the United States pertaining to such business.
D.C. Code § 31-4705 — DC Code / Title 31 / Chapter 47 / § 31-4705
§ 31-4705. Annuity and pure endowment contracts; forms to be filed and approved; required provisions; applications, riders and endorsements.
Status: in_force

(a) On and after January 1, 1935, no annuity or pure endowment contract shall be issued or delivered in the District unless and until a copy of the form thereof has been filed with the Commissioner and formally approved by him.
(b) Except in the case of a reversionary annuity, otherwise called a “survivorship annuity,” or an annuity contracted by an employer in behalf of his employees, no annuity or pure endowment contract shall be so issued or delivered in this District unless it contains, in substance, the following provisions:
  (1) A provision that there shall be a period of grace, either of 30 days or of 1 month, within which any stipulated payment to the company falling due after the 1st year may be made, subject, at the option of the company, to an interest charge thereon at a rate to be specified in the contract, but not exceeding 6 per centum per annum for the number of days of grace elapsing before such payment, during which period of grace the contract shall continue in full force; but in case a claim arises under the contract on account of death during the said period of grace before the overdue payment to the company or the deferred payments of the current contract year, if any, are made, the amount of such payments, with interest on any overdue payments, may be deducted from any amount payable under the contract in settlement;
  (2) If statements, other than those relating to age and identity, are required, as a condition of issuing the contract, a provision that the contract shall be incontestable after it has been in force during the lifetime of the person or each of the persons as to whom such statements are required, for a period of 2 years from its date of issue, except where stipulated payments to the company have not been made, and except for violation of the conditions of the contract relating to military or naval service in time of war, and at the option of the company, provisions relative to benefits in the event of total and permanent disability and provisions which grant insurance specifically against death by accident may also be excepted;
  (3) A provision that such contract shall constitute the entire contract between the parties, but if the company desires to make the application a part of the contract it may do so, provided a copy of such application shall be endorsed upon or attached to such contract, when issued, and in such case such contract shall contain a provision that it, together with the application therefor, shall constitute the entire contract between the parties;
  (4) (A) A provision that if the age of the person or persons upon whose life or lives the contract is based, or of any of them, has been misstated, the amount payable under the contract shall be such as the stipulated payments to the company would have purchased at the correct age or ages; or
    (B) Any overpayment or overpayments by the company, on account of misstatement of age, shall with interest thereon at a rate to be specified in the contract, but not exceeding 6 per centum per annum, be charged against the current or next-succeeding payment or payments to be made by the company under the contract;
  (5) If the contract is participating, a provision that the divisible surplus shall be apportioned annually and dividends shall be payable in cash or shall be applicable to any stipulated payment or payments to the company under the contract;
  (6) A provision specifying the options available in the event of cessation of payment of considerations under the contract. In the case of contracts issued on or after the operative date of § 31-4705.03 (the standard nonforfeiture law for individual deferred annuities), such options shall be in accordance with § 31-4705.03 . In the case of contracts issued prior to the operative date of § 31-4705.03 , such option shall provide that if the contract, after having been in force for 3 full years, shall, by its terms, lapse or become forfeited because any stipulated payment to the company shall not have been made, the reserve on such contract, computed according to the standard adopted by said company in accordance with this chapter, shall, after deducting one fifth of the said entire reserve, and any indebtedness to the company under the contract, be applied as a net single payment, according to said standard, for the purchase of a paid-up annuity or pure endowment contract, which may be nonparticipating and which shall be payable by the company under the same terms and conditions, except as to amount, as the original contract. For contracts issued prior to the operative date of § 31-4705.03 , a company may provide, in lieu of such paid-up values, for a paid-up annuity or pure endowment contract in an amount bearing the same proportion to the original annuity or pure endowment contract as the number of stipulated payments which shall have been made to the company shall bear to the total number of stipulated payments required to be made to the company under the contract, and if there be any indebtedness to the company under the contract, the amount of such paid-up annuity or pure endowment shall be reduced by an amount bearing the same proportion to such paid-up annuity or pure endowment as such indebtedness bears to the reserve on such paid-up annuity or pure endowment, computed according to the standard adopted by said company in accordance with this chapter; and
  (7) A provision that the contract may be reinstated at any time within 1 year from the date of default in making stipulated payments to the company, provided that all overdue stipulated payments and any indebtedness to the company on the contract shall be made or paid, with interest thereon at a rate to be specified in the contract, but not exceeding 6% per annum, payable annually. In cases where applicable a company may also include a requirement of evidence of insurability satisfactory to the company.
(c) No contract for a reversionary annuity shall be so issued or delivered unless it contains in substance the following provisions:
  (1) Paragraphs (1), (2), (3) and (5) of subsection (b) of this section, except that under paragraph (1) of subsection (b) of this section, the company may, at its option, provide for an equitable reduction of the amount of the annuity payments in settlement of any overdue or deferred payments, in lieu of providing for a deduction of such payments from any amount payable upon a settlement under the contract;
  (2) A provision that, if the age of any of the persons upon whose lives the contract is based has been misstated, the amount payable under the contract shall be such as the stipulated payments to the company would have purchased at the correct ages; and
  (3) A provision that the contract may be reinstated at any time within 3 years from the date of default in making stipulated payments to the company, upon production of evidence of insurability satisfactory to the company, provided that all overdue payments and any indebtedness to the company on the contract shall be made or paid, with interest thereon at a rate to be specified in the contract, but not exceeding 6 per centum per annum, payable annually.
(d) Any of the foregoing provisions or portions thereof not applicable to nonparticipating contracts nor to contracts for which a single stipulated payment to the company is made shall, to that extent, not be incorporated therein; and any such contract may be issued or delivered in this District, which, in the opinion of the Commissioner, contains provisions on any 1 or more of the several foregoing requirements, more favorable to the holder of the contract than hereinbefore required.
(e) Nothing herein contained shall be construed to prevent a life company, which issues life insurance on a participating basis, from issuing annuities, reversionary annuities, or pure endowments on a nonparticipating basis.
(f) Any such contract or any application, endorsement, or rider form used in connection therewith, issued in violation of this section, shall, nevertheless, be held valid, but shall be construed as provided in this section and when any provision in such contract, application, endorsement, or rider is in conflict with any provision of this section or with any other statutory provision, the rights, duties, and obligations of the company, of the holder of the contract and of the beneficiary or annuitant thereunder shall be governed by the provisions of this section.
(g) The provisions of this section shall not apply to contracts of reinsurance nor to contracts for deferred annuities or reversionary annuities included in life insurance policies.
(h) For the purposes of this section, application forms, rider forms, and endorsement forms for use in connection with any such contract, excepting riders or endorsements relating to the manner of distribution of benefits or to the reservation of rights and benefits under any such contract, and used at the request of the individual holders of such contracts, shall be deemed to be parts of such contract and shall require the approval of the Commissioner. No rider and no endorsement, except as stated above, shall be attached to or printed or stamped upon any such contract issued or delivered in the District until the form of such rider or endorsement has been filed with the Commissioner and formally approved by him.
D.C. Code § 31-5602.07 — DC Code / Title 31 / Chapter 56 / § 31-5602.07
§ 31-5602.07. Grounds for denial, suspension, or revocation.
Status: in_force

(a) The Commissioner may, by order, deny, suspend, or revoke a license if the Commissioner finds that the order is in the public interest and the applicant or licensed person or, in the case of a broker-dealer or investment adviser, a partner, officer, or director, or a person occupying a similar status or performing similar functions, or a person directly or indirectly controlling the broker-dealer or investment adviser:
  (1) Has filed an application for licensure with the Commissioner which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
  (2) Has violated or failed to comply with this chapter, the District of Columbia Securities Act, approved August 30, 1964 (78 Stat. 620; § 3-3601 et seq.) (“1964 Act”), the Investment Advisers Act of 1992, effective March 17, 1993 ( D.C. Law 9-216 ; § 3-3701 et seq.) (“1992 Act”), or any insurance law in the District, or a rule or order promulgated under this chapter, the 1964 Act, the 1992 Act, or any insurance law in the District;
  (3) Has been convicted within the past 10 years of a felony or of an offense that:
    (A) Involves making a false statement under oath, making a false report, bribery, perjury, theft, or attempt or conspiracy to commit any of these offenses;
    (B) Arises out of the conduct of business as, employment by, or association with, a broker-dealer, investment adviser, depository institution, insurer, agency, fiduciary, accountant, real estate broker, or an entity or person required to be registered under the Commodity Exchange Act; or
    (C) Involves larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, misappropriation of funds or securities, or an attempt or conspiracy to commit any of these offenses;
  (4) Is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice (A) as an investment adviser, underwriter, broker-dealer, or as an affiliated person or employee of an investment company, depository institution, or insurance company, or from (B) in connection with any of the foregoing activities or any aspect of the securities business;
  (5) Is the subject of an order of the Commissioner denying, suspending, or revoking the person’s license as a broker-dealer, agent, investment adviser, or investment adviser representative;
  (6) Is the subject of an order entered within the past 10 years by a securities administrator or any other financial services regulator of another state, by the Securities and Exchange Commission, or by the National Association of Securities Dealers, suspending, denying or revoking the license or registration as a broker-dealer, investment adviser, investment adviser representative, or agent, or the substantial equivalent of these terms as defined in this chapter, or any other financial services license or registration;
  (7) Is the subject of an order by the Commodity Futures Trading Commission denying, suspending, or revoking registration under the Commodity Exchange Act; is the subject of a United States Postal Service fraud order; or is suspended or expelled from membership in, or association with a member of, a self-regulatory organization;
  (8) Is the subject of an order of a court of competent jurisdiction finding that the person has willfully violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or the securities or insurance law of another state, but only if the act constituting the violation of that state’s law would violate this chapter if the act occurred in the District;
  (9) Has engaged in an unethical or dishonest practice in the securities business as the Commissioner may, by rule, define;
  (10) Never had or has failed to maintain the minimum net capital required by SEC Rule 15c3-1, 17 C.F.R. § 240.15c3-1.
  (11) Is determined by the Commissioner, in accordance with § 31-5602.08 , not to be qualified because of lack of training, experience, knowledge of the securities or insurance business, or failure to comply with the continuing education requirements established by the New York Stock Exchange, other self-regulatory agency, or National Association of Securities Dealers;
  (12) Has failed reasonably to supervise a sales representative or employee;
  (13) Has failed to pay the proper filing fee within 30 days after being notified by the Commissioner of a deficiency; provided, that the Commissioner shall vacate an order under this paragraph when the deficiency is corrected; or
  (14) In the conduct of his or her affairs under the license, the licensee has shown himself or herself to be incompetent, untrustworthy, or financially irresponsible.
(b) The Commissioner shall not begin a proceeding to revoke or suspend a license under this section on the basis of a fact or transaction known to the Commissioner when the license became effective unless the proceeding is begun within 90 days after the license became effective.
(c) If the Commissioner finds that an applicant or licensed person is no longer in existence, has ceased to do business as a broker-dealer, agent, investment adviser, or investment adviser representative, is adjudicated mentally incompetent or subjected to the control of a committee, conservator, or guardian, or cannot be located after reasonable search, the Commissioner may, by order, deny the application or revoke the license.
D.C. Code § 31-5031.06 — DC Code / Title 31 / Chapter 50A / § 31-5031.06
§ 31-5031.06. Single risk limit.
Status: in_force

(a) The net retained liability of a title insurer for a single risk in regard to property, whether assumed directly or as reinsurance, shall not exceed the aggregate of 50% of surplus as regards policyholders, plus the statutory premium reserve less the company’s investment in title plants, all as shown in the most recent annual statement of the insurer on file with the Commissioner.
(b) For the purposes of this chapter:
  (1) A single risk shall be the insured amount of any title insurance policy; provided, that, if 2 or more title insurance policies are issued simultaneously covering different estates in the same real property, a single risk shall be the sum of the insured amounts of all the title insurance policies.
  (2) A policy under which a claim payment reduces the amount of insurance under one or more other title insurance policies shall be included in computing the single risk sum only to the extent that its amount exceeds the aggregate amount of the policy or policies whose amount of insurance is reduced.
D.C. Code § 31-2407.01 — DC Code / Title 31 / Chapter 24 / § 31-2407.01
§ 31-2407.01. Notice of proposed settlement for policy limits to underinsured motorist coverage carrier; waiver of subrogation; time limits.
Status: in_force

(a) When a tortfeasor’s insurer offers to pay its full policy limits of coverage for bodily injury or death to a claimant, conditioned upon the claimant’s insurer waiving its rights of subrogation against the tortfeasor, the claimant or the tortfeasor’s insurer shall give to the claimant’s insurer notice in writing that an offer to settle for policy limits has been made by the tortfeasor’s insurer.
(b) The written notice shall be sent by certified mail, return receipt requested, to the claimant’s insurer, and shall include the following information:
  (1) Any one of the following:
    (A) The name and address of the claimant;
    (B) The claim number created by the claimant’s insurer for the vehicle accident; or
    (C) The policy number of the claimant’s insurer;
  (2) The name of the tortfeasor;
  (3) The name of the tortfeasor’s insurer and the policy number for the tortfeasor’s insurance policy under which an offer to settle for policy limits has been made;
  (4) A statement that the tortfeasor’s insurer has offered to settle with the claimant for policy limits; and
  (5) A statement that under the law the claimant’s insurer has 60 days to either:
    (A) Preserve its subrogation rights against the tortfeasor by providing written notice of its intention to do so and by paying to the claimant an amount equal to the policy limits that have been offered to the claimant by the tortfeasor’s insurer; or
    (B) Allow the claimant to accept the settlement offer from the torfeasor’s insurer and execute appropriate releases.
(c) (1) The claimant’s insurer is considered to have fully waived its right of subrogation against the tortfeasor, unless within 60 days from receipt of the notice described in subsection (b) of this section, the claimant’s insurer sends, by certified mail, return receipt requested, to the claimant and to the tortfeasor’s insurer written notice that it does not waive its rights of subrogation against the tortfeasor.
  (2) The notice of claimant’s insurer is not effective unless the notice to the claimant is accompanied by payment to the claimant of an amount equal to the policy limits offered by the tortfeasor’s insurer.
  (3) (A) If the claimant’s insurer fails to send the notice provided for in paragraph (1) of this subsection and fails to pay the sum required by paragraph (2) of this subsection within the 60-day time period, the claimant’s insurer is considered to have waived its subrogation rights against the tortfeasor, and the claimant may consummate the settlement.
    (B) Any consent to settle or waiver of subrogation by the claimant’s insurer may not be construed to limit the right of the claimant’s insurer to raise any issue or defense relating to liability and damages in an action against the claimant’s insurer and does not constitute an admission by the claimant’s insurer as to any issue, claim, or defense raised in an action against the claimant’s insurer.
(d) If the claimant’s insurer gives notice and tenders payment to the claimant as provided for in subsection (c) of this section, the claimant’s insurer is and remains subrogated to the rights of the claimant as to the tortfeasor to the extent of any and all sums paid by the claimant’s insurer to the claimant. The payment by the claimant’s insurer of the amount equal to the policy limits offered by the tortfeasor’s insurer shall not serve in any way to waive, change, or increase the amount of the claimant’s underinsured motorist coverage beyond the underlying underinsured motorist coverage policy limits.
(e) For the purposes of this section, the term:
  (1) “Claimant” means the victim having underinsured motorist coverage as provided in §  31-2406(c-1) or survivors of the victim.
  (2) “Claimant’s insurer” means the company providing underinsured motorist coverage to the claimant.
  (3) “Tortfeasor” means the owner or operator of an underinsured motor vehicle who causes injury or damage.”
D.C. Code § 31-3420 — DC Code / Title 31 / Chapter 34 / § 31-3420
§ 31-3420. Rehabilitation, liquidation, or conservation of health maintenance organizations.
Status: in_force

(a) Any rehabilitation, liquidation, or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the Commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. The Commissioner may apply for an order directing the Commissioner to rehabilitate, liquidate, or conserve a health maintenance organization upon any one or more grounds set forth in §§ 31-1310 and 31-1315 , or when in the Commissioner’s opinion the continued operation of a health maintenance organization would be hazardous either to the enrollees or to the people of the District. Enrollees shall have the same priority in the event of liquidation or rehabilitation as the law provides to policyholders of an insurer.
(b) For the purposes of determining the priority of distribution of general assets, claims of enrollees and enrollees’ beneficiaries shall have the same priority as established by § 31-1315 , for policyholders and beneficiaries of insured of insurance companies. If an enrollee is liable to any provider for services provided pursuant to and covered by the health care plan, that liability shall have the status of an enrollee claim for distribution of general assets.
(c) Any provider who is obligated by law or agreement to hold enrollees harmless from liability for services pursuant to and covered by a health care plan shall have a priority of distribution of the general assets immediately following that of enrollees and enrollee’s beneficiaries as described herein, and immediately preceding the priority of distribution assigned to general creditors.