D.C. Code § 31-3412 — DC Code / Title 31 / Chapter 34 / § 31-3412
§ 31-3412. Protection against insolvency.
Status: in_force

(a) Net worth requirements. — (1) Before issuing any certificates of authority, the Commissioner shall require that the health maintenance organization have an initial net worth of $1,500,000 and shall thereafter maintain the minimum net worth required by paragraph (2) of this subsection.
  (2) Except as provided in paragraph (4) of this subsection, every health maintenance organization must maintain a minimum net worth equal to the greater of:
    (A) $1,000,000;
    (B) Two percent of annual dues revenues as reported on the most recent annual financial statement filed with the Commissioner on the first $150,000,000 of dues and 1% of annual dues on the dues in excess of $150,000,000;
    (C) An amount equal to the sum of 3 months uncovered health care expenditures as reported on the most recent financial statement filed with the Commissioner; or
    (D) An amount equal to the sum of:
      (i) Eight percent of annual health care expenditures except those paid on a capitated basis or managed hospital payment basis as reported on the most recent financial statement filed with the Commissioner; and
      (ii) Four percent of annual hospital expenditures paid on a managed hospital payment basis as reported on the most recent financial statement filed with the Commissioner.
  (2A) Repealed.
  (3) Repealed.
  (4) In determining net worth, no debt shall be considered fully subordinated unless the subordination clause is in a form acceptable to the Commissioner. Any interest obligation relating to the repayment of any subordinated debt must be similarly subordinated.
    (A) The interest expenses relating to the repayment of any fully subordinated debt shall be considered covered expenses.
    (B) Any debt incurred by a note meeting the requirements of this section, and otherwise acceptable to the Commissioner, shall not be considered a liability and shall be recorded as equity.
(b) Deposit requirements. — (1) Unless otherwise provided below, each health maintenance organization shall deposit with the Commissioner or, at the discretion of the Commissioner, with any organization or trustee acceptable to the Commissioner through which a custodial or controlled account is utilized, cash, securities, or any combination of these or other measures that are acceptable to the Commissioner which at all times shall have a value of not less than $300,000.
  (2) (A) A health maintenance organization that is in operation on April 9, 1997 shall make a deposit equal to $150,000.
    (B) In the second year, the amount of the additional deposit for a health maintenance organization that is in operation on April 9, 1997 shall be equal to $150,000, for a total of $300,000.
  (3) The deposit shall be an admitted asset of the health maintenance organization in the determination of net worth.
  (4) All income from deposits shall be an asset of the organization. A health maintenance organization that has made a securities deposit may withdraw that deposit, or any part thereof, after making a substitute deposit of cash, securities, or any combination of these or other measures of equal amount and value. Any securities shall be approved by the Commissioner before being deposited or substituted.
  (5) The deposit shall be used to protect the interests of the health maintenance organization’s enrollees and to assure continuation of covered services to enrollees of a health maintenance organization which is in rehabilitation or conservation. The Commissioner may use the deposit for administrative costs directly attributable to a receivership or liquidation. If a health maintenance organization is placed in receivership or liquidation, the deposit shall be an asset subject to the provisions of Chapter 13 of this title .
  (6) The Commissioner may reduce or eliminate the deposit requirement if a health maintenance organization deposits with the District treasurer, Commissioner, or other official body of the District or jurisdiction of domicile for the protection of all enrollees, wherever located, of such health maintenance organization, cash, acceptable securities, or surety, and delivers to the Commissioner a certificate to such effect, duly authenticated by the regulatory authority in the state of domicile or by the appropriate District official holding the deposit.
(c) Liabilities. — Every health maintenance organization shall, when determining liabilities, include an amount estimated in the aggregate to provide for any unearned dues and for the payment of all claims for health care expenditures which have been incurred, whether reported or unreported, which are unpaid and for which such organization is or may be liable, and to provide for the expense of adjustment or settlement of such claims. Such liabilities may be computed in accordance with generally accepted accounting principles.
(d) Hold harmless. — (1) Every contract between a health maintenance organization and a participating provider of health care services shall be in writing and shall set forth that in the event a health maintenance organization fails to pay for health care services as set forth in the contract, the enrollee shall not be liable to the provider for any sums owed by the health maintenance organization.
  (2) In the event that the participating provider contract has not been reduced to writing as required by this subsection or that the contract fails to contain the required prohibition, the participating provider shall not collect or attempt to collect from the enrollee sums owed by a health maintenance organization.
  (3) No participating provider, agent, trustee, or assignee thereof may maintain any action at law against an enrollee to collect sums owed by a health maintenance organization.
(e) Continuation of benefits. — (1) The Commissioner shall require that each health maintenance organization have a plan for handling insolvency which allows for continuation of benefits for the duration of the contract period for which premiums have been paid and continuation of benefits to members who are confined on the date of insolvency in an inpatient facility until their discharge or expiration of benefits.
  (2) In considering the plan, the Commissioner may require:
    (A) Insurance to cover the expenses to be paid for continued benefits after an insolvency;
    (B) Provisions in provider contracts that obligate the provider to provide services for the duration of the period after a health maintenance organization’s insolvency for which premium payment has been made and until the enrollees’ discharge from inpatient facilities;
    (C) Insolvency reserves;
    (D) Acceptable letters of credit; and
    (E) Any other arrangements to assure that benefits are continued as specified above.
(f) Notice of termination. — An agreement to provide covered services between a provider and a health maintenance organization must require that if the provider terminates the agreement, the provider shall give the organization at least 60 days advance notice of termination.
D.C. Code § 31-3932.06 — DC Code / Title 31 / Chapter 39A / § 31-3932.06
§ 31-3932.06. Securities of SPFCs.
Status: in_force

(a) An SPFC may issue securities, including surplus notes and other forms of financial instruments, subject to and in accordance with applicable law, its approved strategic business plan, and its organizational documents.
(b) An SPFC, in connection with the issuance of securities, may enter into and perform all of its obligations under any required contracts to facilitate the issuance of such securities.
(c) Subject to the approval of the Commissioner, an SPFC may:
  (1) Account for the proceeds of surplus notes as surplus and not as debt for purposes of statutory accounting;
  (2) Submit for prior approval of the Commissioner periodic written requests for payments of interest on and repayments of principal of surplus notes.
(d) Surplus notes issued by an SPFC constitute surplus or contribution notes of the type described in § 31-1340(7) .
(e) The Commissioner may approve formulas for an ongoing plan of interest payments or principal repayments, or both, to provide guidance in connection with his ongoing reviews of requests to approve the payments on and principal repayments of the surplus notes.
(f) The obligation to repay principal or interest, or both, on the securities issued by the SPFC shall reflect the risk associated with the obligations of the SPFC to the counterparty under the SPFC contract.
D.C. Code § 31-5510 — DC Code / Title 31 / Chapter 55 / § 31-5510
§ 31-5510. Prevention of insolvencies.
Status: in_force

To aid in the detection and prevention of insurer insolvencies:
(1) The board of directors may, upon majority vote:
  (A) Make recommendations to the Mayor for the detection and prevention of insurer insolvencies; and
  (B) Respond to requests by the Mayor to discuss and make recommendations regarding the status of any member insurer whose financial condition may be hazardous to policyholders or the public. The recommendations shall not be considered public documents.
(2) The board of directors may, at the conclusion of any domestic insurer insolvency in which the Association was obligated to pay covered claims, prepare a report on the history and causes of the insolvency, based on the information available to the Association, and submit the report to the Mayor.
D.C. Code § 31-634 — DC Code / Title 31 / Chapter 6A / § 31-634
§ 31-634. Rules.
Status: in_force

The Commissioner, pursuant to Chapter 5 of Title 2 [ § 2-501 et seq.], may issue rules to implement the provisions of this chapter.
D.C. Code § 31-1131.03 — DC Code / Title 31 / Chapter 11A / § 31-1131.03
§ 31-1131.03. License required.
Status: in_force

(a) A person shall not sell, solicit, or negotiate insurance in the District for any class of insurance unless the person is licensed for that line of authority in accordance with this chapter. The license itself shall not create any authority in the licensee to represent or commit an insurance carrier.
(b) (1) A person who maintains his or her principal place of residence and principal place of business in the District shall apply for a resident insurance producer license.
  (2) A person who maintains his or her principal place of residence and principal place of business outside the District shall apply for a nonresident insurance producer license.
  (3) A person who maintains either, but not both, his or her principal place of residence or principal place of business in the District shall apply for:
    (A) A nonresident insurance producer license if the person is licensed as a resident insurance producer in another state; or
    (B) A resident insurance producer license if the person is not licensed as a resident insurance producer in another state.
D.C. Code § 31-3303.10 — DC Code / Title 31 / Chapter 33 / § 31-3303.10
§ 31-3303.10. Exclusions.
Status: in_force

The provisions of this subchapter shall not apply to:
(1) Any group health benefit plan for any plan year if, on the first day of such plan year, such plan has less than 2 participants who are current employees; or
(2) Any health benefit plan for any of the excepted benefits.
D.C. Code § 31-5031.11 — DC Code / Title 31 / Chapter 50A / § 31-5031.11
§ 31-5031.11. Diversification requirement.
Status: in_force

(a) Without the prior written approval of the Commissioner, a domestic title insurer shall not accept:
  (1) Additional business from a title insurance producer that is not an affiliated company with the insurer if, when added to other business written through the title insurance producer during the same calendar year, that producer’s aggregate premiums written on behalf of the title insurer will exceed 20% of the title insurer’s gross premiums written during the prior calendar year, as shown on the title insurer’s most recent annual statement on file with the Commissioner; or
  (2) (A) Additional direct operations business from a single source if, when added to other direct operations business from the single source during the same calendar year, the aggregate premiums written on the direct operations business of the single source will exceed 20% of the title insurer’s gross premiums written during the prior calendar year as shown on the title insurers most recent annual statement on file with the Commissioner.
    (B) For purposes of this paragraph, the term “single source” means a person that refers business to the title insurer and any other person that controls, is controlled by, or is under common control with, that person.
(b) In determining whether prior approval may be given, the Commissioner shall consider:
  (1) The potential that the acceptance of more business from the title insurance producer or source may adversely affect the financial solidity of the title insurer;
  (2) The availability of competing title agents or additional sources in the territories in which the title insurer accepts risks;
  (3) The number of years that the title insurer has been in business;
  (4) Reinsurance arrangements mitigating the concentration of business from the producer or source;
  (5) The comparative profitability of the producer’s or source’s book of business;
  (6) The degree of oversight of the producer’s operations exercised by the title insurer; and
  (7) Any other circumstances considered by the Commissioner to be appropriate.
D.C. Code § 31-3461 — DC Code / Title 31 / Chapter 34B / § 31-3461
§ 31-3461. Compliance with federal health reform.
Status: in_force

(a) Sections 1251, 1252, and 1304 of the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 119; 42 U.S.C. §§ 18011, 18021, and 18024), and sections 2701 through 2709, 2711 through 2719A, and 2794 of the Public Health Service Act, approved July 1, 1944 (58 Stat. 682; 42 U.S.C. §§ 300gg, 300gg-1, 300gg-2, 300gg-3, 300gg-4, 300gg-5, 300gg-6, 300gg-7, 300gg-8, 300gg-9, 300gg-11, 300gg-12, 300gg-13, 300gg-14, 300gg-15, 300gg-15A, 300gg-16, 300gg-17, 300gg-18, 300gg-19, 300gg-19A, and 300gg-94), (collectively "federal health acts") and any rules issued pursuant to the federal health acts, as the sections and implementing regulations were in effect on December 15, 2017, are incorporated by reference and shall apply to all insurers, hospital and medical services corporations, health maintenance organizations, and multiple employer welfare arrangements, including associations or any other entities providing a health benefit plan to a small employer, as that term is defined in § 31-3301.01(42) , or an individual, that deliver or issue for delivery individual or group health insurance policies, contracts, or certificates of coverage in the District.
(b) The Commissioner of the Department of Insurance, Securities and Banking (“Commissioner”) has the authority to take action to enforce violations of subsection (a) of this section pursuant to the Commissioner’s authority under subchapter I of Chapter 1 of this title [ § 31-101 et seq.].
(c) The Commissioner, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq. ], may issue rules to implement the provisions of this section.
D.C. Code § 31-5607.01 — DC Code / Title 31 / Chapter 56 / § 31-5607.01
§ 31-5607.01. Administration of chapter.
Status: in_force

This chapter shall be administered by the Commissioner.
D.C. Code § 31-3834.05 — DC Code / Title 31 / Chapter 38B / § 31-3834.05
§ 31-3834.05. Notice of rights to healthcare coverage.
Status: in_force

(a) An insurer that is subject to §§ 31-3834.01 , 31-3834.02 , 31-3834.03 , 31-3834.03a , 31-3834.06 , or 31-3834.07 shall make readily accessible to enrollees and potential enrollees information regarding:
  (1) Full and accurate information relevant to coverage and cost-sharing for contraceptive and fertility enhancing drugs, devices, products, and services, abortion and abortion-care services, and voluntary sterilization procedures and services by each health insurance plan, including an explanation of an insured's financial responsibility for payment of premiums, coinsurance, copayments, deductibles, and any other charges;
  (2) The coverage of other drugs, devices, products, and services described in §§ 31-3834.01 , 31-3834.02 , 31-3834.03 , 31-3834.03a , 31-3834.06 , and 31-3834.07 ; and
  (3) The right to receive up to a 12-month supply of self-administered hormonal contraceptives prescribed and dispensed by a licensed pharmacist, pursuant to § 3-1202.08(g-1) , without cost-sharing requirements.
(b) (1) The insurer shall provide the information described in subsection (a) of this section in a consumer-friendly format:
    (A) That can be viewed on the insurer's public website through a clearly identifiable link or tab without requiring an individual to create or access an account or enter a policy or contract number;
    (B) By email or letter within 14 days after a request by an enrollee; and
    (C) Within one year after March 28, 2018, or whenever written materials are reprinted, whichever is sooner, in written materials that explain benefits or coverage that are provided to enrollees and potential enrollees, including in an addendum summarizing benefits and coverage.
  (2) This subsection shall be construed consistently with section 2715 of the Public Health Services Act, as amended by the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 132; 42 U.S.C. § 300gg-15).
(c) The Department of Insurance, Securities and Banking shall provide health insurers operating in the District of Columbia with an annual notice of their obligation to provide coverage for drugs, devices, products, and services, abortion and abortion-care services, and voluntary sterilization procedures and services described in §§ 31-3834.01 , 31-3834.02 , 31-3834.03 , 31-3834.03a , 31-3834.06 , and 31-3834.07 .
D.C. Code § 31-2802 — DC Code / Title 31 / Chapter 28 / § 31-2802
§ 31-2802. Covered services.
Status: in_force

(a) (1) All health insurers, hospitals or medical services corporations, and health maintenance organizations shall reimburse for emergency services that are due to a medical emergency.
  (2) Reimbursement for pre-hospital medical care and transport delivered pursuant to paragraph (1) of this subsection by the Fire and Emergency Medical Services Department ("Department") or a third party contracted by the District to provide such services pursuant to § 5-401(b) , shall be at the fee rate authorized by the Council pursuant to § 5-416(a) .
  (3) This subsection shall not apply to any group health plan or multiple employer welfare arrangement to the extent the plan or arrangement is not subject to state insurance regulation under section 514 of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 897; 29 U.S.C. § 1144).
(b) A hospital emergency department or emergency medical service transporter shall provide a health insurer, hospital or medical services corporation, or health maintenance organization with any claim for reimbursement of services, and information on the presenting symptoms of the insured as well as the services provided.
(c) A health insurer, hospital or medical services corporation, or health maintenance organization shall consider both the presenting symptoms and the services provided in processing a claim for reimbursement of emergency services.
(d) A health insurer, hospital or medical services corporation, or health maintenance organization may not deny reimbursement, except for co-payments, deductibles, and co-insurance, for the provision of emergency services that are due to a medical emergency solely because the member failed to obtain pre-authorization for emergency services from the health insurer, hospital or medical services corporation, or health maintenance organization.
D.C. Code § 31-5235 — DC Code / Title 31 / Chapter 52A / § 31-5235
§ 31-5235. Requirements for continuance of certification.
Status: in_force

(a) To continue to be certified, a Certified Capital Company shall make Qualified Investments according to the following schedule:
  (1) Within the period ending 30 months after its Allocation Date, a Certified Capital Company shall have made Qualified Investments cumulatively equal to 20% of its Certified Capital;
  (2) Within the period ending 4 years after its Allocation Date, a Certified Capital Company shall have made Qualified Investments cumulatively equal to 40% of its Certified Capital;
  (3) Within the period ending 5 years after its Allocation Date, a Certified Capital Company shall have made Qualified Investments cumulatively equal to 50% of its Certified Capital; and
  (4) Within the period ending 10 years after its Allocation Date, a Certified Capital Company shall have made Qualified Investments cumulatively equal to 100% of its Certified Capital.
(b) (1) The aggregate cumulative amount of all Qualified Investments made by the Certified Capital Company following its Allocation Date shall be considered in the calculation of the percentage requirements under this chapter. Any proceeds received from a Qualified Investment may be invested in another Qualified Investment and shall count toward any requirement in this chapter with respect to investments of Certified Capital.
  (2) For the purposes of satisfying the percentage requirements of subsection (a) of this section only, for each Qualified Investment made after May 27, 2010, a Certified Capital Company that invests in a:
    (A) Tier One Qualified Business shall be deemed to have invested $1.25 for every dollar invested;
    (B) Tier Two Qualified Business shall be deemed to have invested $1.00 for every dollar invested;
    (C) Tier Three Qualified Business shall be deemed to have invested $0.75 for every dollar invested;
    (D) Qualified Business that receives an Initial Investment pursuant to a waiver granted in accordance with § 31-5238.03 and that fails to satisfy the eligibility criteria to receive an Initial Investment within 6 months of the date of issuance of the waiver shall be deemed to have invested $0 for every dollar invested;
    (E) Qualified Business that received a Qualified Investment prior to May 27, 2010, and receives a subsequent Qualified Investment after May 27, 2010, shall be deemed to have invested $1.00 for every dollar invested; and
    (F) Qualified Business that receives an Initial Investment or a Follow-on Investment and that fails to maintain satisfaction of the eligibility criteria to receive an Initial or a Follow-on Investment, as applicable, for 6 consecutive months after the date of the Initial or Follow-On Investment shall be deemed to have invested $0 for every dollar invested.
(c) Notwithstanding any other provision in this chapter, any Qualified Business that has received an Initial Investment may receive a Follow-on Investment if it:
  (1) Continues to meet the definition of a Qualified Business other than the requirements set forth in § 31-5231(12)(A)(iv) and (v); and
  (2) Certifies in an affidavit that it intends to maintain its headquarters and Principal Business Operations in the District.
(d) No Qualified Investment shall exceed 15% of the total Certified Capital of the Certified Capital Company at the time of investment.
(e) A Certified Capital Company, at least 20 business days prior to making an Initial Investment or Follow-on Investment in a business, shall:
  (1) Certify in an affidavit that the business in which it proposes to invest:
    (A) In the case of an Initial Investment, is a Qualified Business; or
    (B) In the case of a Follow-on Investment, is eligible for a Follow-on Investment pursuant to subsection (c) of this section; and
  (2) Submit, along with the certification required by paragraph (1) of this subsection, an explanation of its determination that the business is eligible for an Initial Investment or Follow-on Investment.
(e-1) If, after receiving the affidavit and certification under subsection (e) of this section, the Commissioner determines that a business is not eligible for an Initial Investment or a Follow-on Investment, the Commissioner shall, within 20 days of receiving the affidavit and certification, notify the Certified Capital Company of the determination and provide an explanation.
(f) All Certified Capital not placed in Qualified Investments by the Certified Capital Company may be held or invested in a manner that the Certified Capital Company, in its discretion, considers appropriate; provided, that the Certified Capital Company shall not invest more than 5% of its Certified Capital in any security or policy issued by a Certified Investor or an Affiliate of a Certified Investor or any account maintained by a Certified Investor or Affiliate of any Certified Investor, unless the Certified Investor or an Affiliate thereof is providing a guaranty, indemnity, bond, insurance policy, or other payment undertaking in favor of the Certified Investors, which security or policy is:
  (1) (A) Rated “AA” or better by Standard & Poor’s Ratings Group or the equivalent by another nationally-recognized rating agency; or
    (B) Issued by, or guaranteed with respect to payment by, an entity whose unsecured indebtedness is rated at least “AA” or its equivalent by a nationally recognized credit rating organization; and
  (2) Not subordinated to other unsecured indebtedness of the issuer or the guarantor, as the case may be.
(g) Each Certified Capital Company shall report to the Commissioner as follows:
  (1) Within 5 business days after the receipt of Certified Capital, each Certified Capital Company shall report the following to the Commissioner:
    (A) The name of each Certified Investor from which the Certified Capital was received, including the Certified Investor’s insurance premium tax identification number;
    (B) The amount of each Certified Investor’s investment of Certified Capital and Premium Tax Credits; and
    (C) The date on which the Certified Capital was received.
  (2) On or before January 31st of each year, each Certified Capital Company shall report the following to the Commissioner:
    (A) The amount of the Certified Capital Company’s Certified Capital at the end of the immediately preceding year;
    (B) Whether or not the Certified Capital Company has invested more than 15% of its total Certified Capital in any one business; and
    (C) (i) All Qualified Investments that the Certified Capital Company made during the previous calendar year, including the number of employees of each Qualified Business in which it has made investments at the time of such investment and as of December 1st of the preceding calendar year; and
      (ii) For any Qualified Business in which the Certified Capital Company no longer has an investment, the Certified Capital Company shall provide employment figures for the Qualified Business at the time of such investment and as of the last day before the investment was terminated.
  (3) Each Certified Capital Company shall provide to the Commissioner annual audited financial statements, which shall include the opinion of an independent certified public accountant, within 120 days after the end of the fiscal year. In addition, each Certified Capital Company shall provide an agreed-upon procedures report by their independent certified public accountant that shall address the methods of operation and conduct of the business of the Certified Capital Company to determine if the Certified Capital Company is complying with this chapter and the rules and regulations hereunder and that the Certified Capital has been invested as required within the time limits under subsection (a) of this section.
  (4) On or before January 31st of each year, each Certified Capital Company shall pay an annual, nonrefundable certification fee of $10,000 to the Commissioner; provided, that no fee shall be required within 6 months of the initial Allocation Date.
(h) After May 27, 2010, if a Certified Capital Company makes a Qualified Investment in a business that relocates its Principal Business Operations outside the District prior to the termination of the Qualified Investment or within 6 months after the termination of the Qualified Investment, the cumulative Qualified Investments that the Certified Capital Company will be deemed to have made for the purposes of § 31-5236 will be reduced by the amount of the Qualified Investment in the business that relocated its Principal Business Operations outside the District, unless the business demonstrates that it has returned its Principal Business Operations to the District within 3 months of the relocation.
D.C. Code § 31-4719 — DC Code / Title 31 / Chapter 47 / § 31-4719
§ 31-4719. Authority to hold proceeds under trust or agreement.
Status: in_force

Any life company licensed under the laws of the District shall have power to hold the proceeds of any policy issued by it under a trust or other agreement upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries and with such exemptions from the claims of creditors or beneficiaries other than the policyholder as shall have been agreed to in writing by such company and the policyholder. Such insurance company shall not be required to segregate funds so held, but may hold them as a part of its general corporate assets.
D.C. Code § 31-2502.41 — DC Code / Title 31 / Chapter 25 / § 31-2502.41
§ 31-2502.41. License fees.
Status: in_force

(a) Annual fees to be paid through the Commissioner to the District of Columbia for licenses issued under this chapter shall include a $250 annual renewal fee for registration and certification for Risk Retention and Purchasing Groups and any other fee established pursuant to subsection (e) of this section.
(b) Repealed.
(c) Repealed.
(d) Repealed.
(e) The Commissioner may promulgate rules to establish and amend all producer and license fees.
D.C. Code § 31-5304 — DC Code / Title 31 / Chapter 53 / § 31-5304
§ 31-5304. Location of office.
Status: in_force

(a) The principal office of any domestic society shall be located in the District. The meetings of its supreme governing body may be held in any state, district, province, or territory wherein such society has at least one subordinate lodge, or in any other location as determined by the supreme governing body, and all business transacted at the meetings shall be as valid in all respects as if the meetings were held in the District. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language.
(b) (1) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published.  The required reports, notices, and statements shall be printed conspicuously in the publication. If the records of a society show that 2 or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy.
  (2) Not later than June 1st of each year, a synopsis of the society’s annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society’s official publication.
(c) A society may provide in its laws or rules for grievance or complaint procedures for members.
D.C. Code § 31-6003 — DC Code / Title 31 / Chapter 60 / § 31-6003
§ 31-6003. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-1327 — DC Code / Title 31 / Chapter 13 / § 31-1327
§ 31-1327. Claims of holders of void or voidable rights.
Status: in_force

(a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall be allowed unless he or she surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance. If the avoidance is effected by a proceeding in which a final judgment has been entered, the claim shall not be allowed unless the money is paid or the property is delivered to the liquidator within 30 days from the date of the entering of the final judgment, except that the court having jurisdiction over the liquidation may allow further time if there is an appeal or other continuation of the proceeding.
(b) A claim allowable under subsection (a) of this section by reason of the avoidance, whether voluntary or involuntary, or a preference, lien, conveyance, transfer, assignment, or encumbrance, may be filed as an excused last filing under § 31-1333 if filed within 30 days from the date of the avoidance, or within the further time allowed by the court under subsection (a) of this section.
D.C. Code § 31-751 — DC Code / Title 31 / Chapter 7 / § 31-751
§ 31-751. Definitions.
Status: in_force

For the purposes of this subchapter, the term:
(1) “Reciprocal insurance company” includes an interinsurance exchange but shall not include a risk retention group as defined in § 31-4101(12) .
(2) “Voting shares” means shares entitling the holder to vote for the election of directors of the issuer except that shares which can be voted only in the case of the occurrence of an event or an extraordinary action are not voting shares.
D.C. Code § 31-3904 — DC Code / Title 31 / Chapter 39 / § 31-3904
§ 31-3904. Authority to do business—revocation or suspension.
Status: repealed

Repealed.
D.C. Code § 31-4601 — DC Code / Title 31 / Chapter 46 / § 31-4601
§ 31-4601. Violations.
Status: in_force

Any person, partnership, or company who violates any of the provisions of this subdivision, or fails to comply with any duty imposed upon him or it by any provision of this subdivision, for which violation or failure no penalty is elsewhere provided by the laws of the District, shall be fined not exceeding $500 for each and every violation. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subdivision for which no penalty is provided elsewhere, or any rules or regulations issued under the authority of this subdivision, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this subdivision shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 31-4319 — DC Code / Title 31 / Chapter 43 / § 31-4319
§ 31-4319. Superintendent authorized to take over companies; grounds; procedure; liquidation; special agents and employees; rules and regulations; reports and bonds.
Status: repealed

Repealed.
D.C. Code § 31-5031.12 — DC Code / Title 31 / Chapter 50A / § 31-5031.12
§ 31-5031.12. Direct operations and policyholder treatment.
Status: in_force

(a) If a title insurance commitment includes an offer to issue an owner’s policy covering the resale of owner-occupied property, the title insurance commitment shall be furnished to the purchaser-mortgagor or its representative no later than the time of closing. If the report cannot be delivered prior to or at closing, the title insurer shall document the reasons for the delay. The title insurance commitment furnished to the purchaser-mortgagor shall incorporate the following statement on the 1st page in bold type:
“Please read the exceptions and the terms shown or referred to herein carefully. The exceptions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
“It is important to note that this form is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.”
(b) (1) A title insurer issuing a lender’s title insurance policy in conjunction with a mortgage loan made simultaneously with the purchase of all or part of the owner-occupied property securing the loan, if no owner’s title insurance policy has been requested, shall give written notice, on a form prescribed or approved by the Commissioner, to the purchaser-mortgagor at the time the title insurance commitment is prepared. The notice shall explain:
    (A) A lender’s title insurance policy is to be issued protecting the mortgage-lender;
    (B) The policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the property being purchased;
    (C) What a title policy insures against and what possible exposures exist for the purchaser-mortgagor that could be insured against through the purchase of an owner’s policy; and
    (D) The purchaser-mortgagor may obtain an owner’s title insurance policy protecting the property owner at a specified cost or approximate cost, if the proposed coverages or amount of insurance is not then known.
  (2) A copy of the notice, signed by the purchaser-mortgagor, shall be retained in the relevant underwriting file at least 3 years after the effective date of the policy.
D.C. Code § 31-3804 — DC Code / Title 31 / Chapter 38 / § 31-3804
§ 31-3804. Applicability of chapter.
Status: in_force

The requirements of this chapter shall apply:
(1) To all insurance policies and subscriber contracts delivered or issued for delivery in the District more than 120 days after October 20, 1979.
(2) To all such insurance policies and subscriber contracts renewed, amended or reissued after 120 days following October 20, 1979;
(3) To only children born more than 120 days after October 20, 1979;
(4) To all individual subscriber contracts and group certificates issued or delivered in the District of Columbia by Group Hospitalization and Medical Services, Inc.;
(5) To all for-profit as well as nonprofit indemnity type health insurers issuing or delivering individual indemnity type accident and sickness health insurance policies and group certificates in the District of Columbia; and
(6) To health insurance certificates, except those described in § 31-3802(2) [repealed], that are delivered within the District of Columbia from group health insurance policies which are sold outside of the District of Columbia.
D.C. Code § 31-4801 — DC Code / Title 31 / Chapter 48 / § 31-4801
§ 31-4801. Applicability of provisions.
Status: in_force

Policies of industrial weekly payment life insurance after June 4, 1934, issued or delivered in the District of Columbia shall be subject to the following conditions, in addition to any others prescribed by law and not inconsistent with the provisions of this chapter.
D.C. Code § 31-3102 — DC Code / Title 31 / Chapter 31 / § 31-3102
§ 31-3102. Coverage.
Status: in_force

(a) Except as described in subsection (b) of this section, each health insurer that offers individual or group health plans or certificates issued or delivered in the District to an employer or individual shall provide coverage for the medical and psychological treatment of drug abuse, alcohol abuse, and mental illness.
(b) The requirements of this chapter shall not apply to dread disease policies, student policies, nursing home policies, and home health care policies.
(c) Covered benefits for drug abuse, alcohol abuse, and mental illness in insurance policies and contracts subject to this chapter shall be limited to inpatient, residential, and outpatient services certified as necessary by a physician, psychologist, advanced practice registered nurse, or social worker.
(d) Before an insured party may qualify to receive benefits under this chapter, a physician, psychologist, advanced practice registered nurse, or social worker shall certify that the individual has a drug addiction or an alcohol addiction or a mental illness and prescribe appropriate treatment, which may include referral to other treatment providers.
(e) All drug abuse, alcohol abuse, and mental illness treatment or services eligible for health insurance coverage shall be subject to peer review procedures. These procedures may be initiated by a health insurer in the course of reviewing claims for payment.
(f) Repealed.
(g) All individual health benefit plans or certificates shall offer coverage for the medical and psychological treatment of drug abuse, alcohol abuse, and mental illness. Coverage shall be offered for at least the minimum levels set forth in §§ 31-3103 and 31-3104 .
(h) Group health benefit plans or certificates that are the result of collective bargaining between a legally-certified union and the employer shall be required to include coverage for inpatient and outpatient treatment of drug abuse, alcohol abuse, and mental illness. The minimum levels of coverage set forth in §§ 31-3103 and 31-3104 shall not apply to those group health benefit plans or certificates until 5 years from February 28, 1987, unless the Mayor requests the Council to extend the exemption to a time certain and the Council, by resolution, approves the extension.
(i) If a large group health benefit plan offers a participant or beneficiary 2 or more benefit package options under the plan, the requirements of this chapter shall be applied separately to each option.
(j) A health insurer may require that substance abuse and mental illness insurance coverage shall be provided through a managed care system.
D.C. Code § 31-5041.01 — DC Code / Title 31 / Chapter 50B / § 31-5041.01
§ 31-5041.01. Definitions.
Status: in_force

For the purpose of this chapter, the term:
(1) “Abstract of title” means a written history, synopsis, or summary of the recorded instruments affecting a title to real property.
(2) “Affiliate” means, with respect to a person, another person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person.
(3) “Aggrieved party” means a lender, title insurer, consumer, or the District of Columbia, who shall have suffered economic harm as a result of matters insured under any fidelity coverage required under this chapter.
(4) “Attorney” means a person who is admitted to practice law in the District of Columbia.
(4A) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(5) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(6) “Escrow” means written instruments, money, or other items deposited by a party with a depository, escrow producer, or escrowee for delivery to another party upon the performance of a specified condition or the happening of a certain event.
(7) “Escrow Officer” means a person who maintains an escrow or indemnified deposit account.
(8) “Indemnity” or “indemnity deposit” means funds or other property received by the title insurer as collateral to secure an indemnitor’s obligation under an indemnity agreement pursuant to which the insurer is granted a perfected security interest in the collateral in exchange for agreeing to provide coverage in a title insurance policy for a specific title exception to coverage.
(8A) “Individual means a natural person.
(9) “Person” means an individual or business entity.
(10) “Personal property” means stock ownership in a cooperative housing association.
(11) “Producer Licensing Act” means Chapter 11A of this title [ § 31-1131.01 et seq.].
(12) “Qualified financial institution” means an institution that is:
  (A) Organized or, in the case of a United States branch or agency office of a non-U.S. banking organization, licensed under the laws of the United States, a state, the District of Columbia, or another jurisdiction of the United States and granted authority to operate with fiduciary powers;
  (B) Regulated, supervised, and examined by an authority of the United States, a state, the District of Columbia, or another jurisdiction of the United States having regulatory authority over banks and trust companies;
  (C) Insured by the appropriate federal entity; and
  (D) Qualified under any additional rules established by the Commissioner.
(13) “RESPA” means the Real Estate Settlement Procedures Act of 1974, approved December 22, 1974 (88 Stat. 1724; 12 U.S.C. § 2601 et seq.).
(14) Repealed.
(15) “Subsidiary” means an affiliate controlled by a person, directly or indirectly, through one or more intermediaries.
(16) “Title insurance business” or “business of title insurance” means:
  (A) Issuing as an insurer, or offering to issue as an insurer, a title insurance policy;
  (B) Engaging in, or proposing to engage in, any of the following activities when conducted or performed in contemplation of or in conjunction with the issuance of a title insurance policy:
    (i) Soliciting or negotiating the issuance of a title insurance policy;
    (ii) Guaranteeing, warranting, or otherwise insuring the correctness of title searches for all instruments affecting titles to real property, any interest in real property, cooperative units, and proprietary leases, and for all liens or charges affecting the same;
    (iii) Executing title insurance policies;
    (iv) Effecting contracts of reinsurance; or
    (v) Abstracting, searching, or examining titles;
  (C) Guaranteeing, warranting; or insuring searches or examinations of title to real property or any interest in real property;
  (D) Guaranteeing or warranting the status of title as to ownership of or liens on real property or personal property by any person other than the principals to the transaction;
  (E) Doing, or holding oneself out to do, business substantially equivalent to any of the activities listed in this paragraph in a manner designed to evade the provisions of this chapter; or
  (F) Matters indemnifying against the incorrectness or marketability of title.
(17) “Title insurance commitment” means a preliminary report or binder issued prior to the issuance of a title insurance policy containing the terms, conditions, exceptions, and any other matters under which the title insurer is willing to issue its title insurance policy.
(18) “Title insurance policy” means a contract insuring or indemnifying owners of, or other persons lawfully interested in, real or personal property or an interest in real or personal property against loss or damage arising from any of the following conditions existing on or before the policy date and not expressly excepted or excluded from coverage:
  (A) Defects in, or liens or encumbrances on, the insured title;
  (B) Unmarketability of the insured title;
  (C) Invalidity, lack of priority, or unenforceability of liens or encumbrances on the property;
  (D) Lack of legal right of access to the property; or
  (E) Unenforceability of rights in title to the property and other matters affecting the title to, or right to use and enjoyment of, the property.
(19) (A) “Title insurance producer” or “producer” means a person who is authorized to perform, on behalf of a title insurer, the following acts in conjunction with the issuance of a title insurance commitment or policy covering real or personal property situated in the District of Columbia:
    (i) Determining insurability and issuing title insurance commitments or policies, or both, based upon the performance or review of a search or abstract of title; and
    (ii) Soliciting or negotiating title insurance business.
  (B) The term “title insurance producer” or “producer” shall not include:
    (i) A financial institution (and its employees) that does not solicit, procure, or negotiate title insurance contracts for compensation or conduct title insurance business;
    (ii) An employee of an abstracting company;
    (iii) A person whose activities in the District are limited to advertising, without the intent to solicit insurance in the District, through communications in printed publications or other forms of electronic mass media; provided, that the person does not sell, solicit, or negotiate insurance that would insure risks of persons residing in or located in, or activities to be performed, in the District;
    (iv) A salaried full-time employee who counsels or advises his or her employer relative to the insurance interests of the employer or of the subsidiaries of the employer; provided, that the employee does not sell, solicit, or negotiate insurance, or receive a commission;
    (v) An employee of a title insurer; provided, that the employee’s activities are not focused on transactions in the District of Columbia, his or her primary responsibilities cover multiple states, and his or her involvement in transactions is to coordinate with title insurance producers licensed in the District of Columbia who conduct title insurance business.
(20) “Title insurer” or “insurer” means a company organized under laws of this state for the purpose of transacting the business of title insurance and any foreign or non-U.S. title insurer licensed in the District to transact the business of title insurance.
(21) “Underwrite” means to accept or reject, or have the authority to accept or reject, risk on behalf of a title insurer.
D.C. Code § 31-3171.04 — DC Code / Title 31 / Chapter 31D / § 31-3171.04
§ 31-3171.04. Authority duties and powers.
Status: in_force

(a) The Authority shall:
  (1) Establish the American Health Benefit Exchange to assist qualified individuals in the District with enrollment in qualified health plans;
  (1A) Establish and operate a basic health program, established pursuant to section 1331 of the Federal Act (42 U.S.C. § 18051);
  (2) Establish a SHOP Exchange through which qualified employers may access coverage for their employees and shall enable any qualified employer to specify a level of coverage so that any of its employees may enroll in any qualified health plan offered through the SHOP Exchange at the specified level of coverage;
  (3) Certify plans as qualified health plans as set forth in § 31-3171.09 and make such plans available to qualified individuals and qualified employers, as required by the Federal Act, with effective dates on January 1, 2014; provided, that the Authority shall not make available any health benefit plan that is not a qualified health plan.
  (4) Have independent personnel authority to hire, retain, and terminate personnel as appropriate to perform the functions of the Authority consistent with Chapter 6 of Title 1 [§ l-601.01 et seq.], including establishing compensation and reimbursement consistent with the District’s wage grade and non-wage grade schedules;
  (5) Have procurement authority independent of the Office of Contracting and Procurement, and shall not be subject to Chapter 3A of Title 2 [ § 2-352.01 et seq.]; except, that § 2-352.02(a) , (b), (c), and (e) shall apply.
  (6) Publish the average costs of licensing, regulatory fees, and any other payments required by the Authority, and the administrative costs of the Authority, on a website that is publically accessible, to educate consumers on these costs. This information shall include information on monies lost to waste, fraud, and abuse;
  (7) Implement procedures for certification, recertification, and decertification, consistent with guidelines developed by the Secretary under section 1311(c) of the Federal Act and of this chapter, of health benefit plans as qualified health plans;
  (8) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance, utilizing staff who are trained to provide assistance in a culturally and linguistically appropriate manner;
  (9) Provide for enrollment periods, as provided under section 1311(c)(6) of the Federal Act;
  (10) Maintain a publically accessible website, through which enrollees and prospective enrollees of qualified health plans and dental plans may obtain standardized comparative information, including on health plan quality and performance, for such plans;
  (11) Assign a rating to each qualified health plan offered through the exchanges in accordance with the criteria developed by the Secretary under section 1311(c)(3) of the Federal Act, and determine each qualified health plan’s level of coverage in accordance with regulations issued by the Secretary under section 1302(d)(2)(A) of the Federal Act;
  (12) Use a standardized format for presenting health benefit options in the exchanges, including the use of the uniform outline of coverage established under section 2715 of the PHSA;
  (13) Conduct eligibility determinations, in accordance with section 1413 of the Federal Act for the Medicaid program under title XIX of the Social Security Act, the Children’s Health Insurance Program under title XXI of the Social Security Act, or any other applicable District program pursuant to the policies and procedures established by the Department of Health Care Finance;
  (14) Establish and make available, through a website that is publicly available, a calculator to determine the actual cost of coverage after application of any premium tax credit under section 36B of the Internal Revenue Code of 1986 and any cost-sharing reduction under section 1402 of the Federal Act, and, if feasible, which is designed to provide consumers with information on out-of-pocket costs for in-network and out-of-network services, taking into account any cost-sharing reductions;
  (15) Grant a certification, subject to section 1411 of the Federal Act, attesting that, for purposes of the individual responsibility penalty under section 5000A of the Internal Revenue Code of 1986, an individual is exempt from the individual responsibility requirement or from the penalty imposed by that section because:
    (A) There is no affordable qualified health plan available through the exchanges, or the individual’s employer, covering the individual; or
    (B) The individual meets the requirements for another exemption from the individual responsibility requirement or penalty;
  (16) Transfer to the Secretary of the United States Department of the Treasury the following:
    (A) A list of the individuals who are issued a certification under paragraph (15) of this subsection, including the name and taxpayer identification number of each individual;
    (B) The name and taxpayer identification number of each individual who was an employee of an employer who was determined to be eligible for the premium tax credit under section 36B of the Internal Revenue Code of 1986 because the employer:
      (i) Did not provide minimum essential coverage; or
      (ii) Provided the minimum essential coverage, but it was determined under section 36B(c)(2)(C) of the Internal Revenue Code of 1986 to either be unaffordable to the employee or did not provide the required minimum actuarial value; and
    (C) The name and taxpayer identification number of:
      (i) Each individual who notifies the Authority under section 1411(b)(4) of the Federal Act that he or she has changed employers; and
      (ii) Each individual who ceases coverage under a qualified health plan during a plan year and the effective date of the cessation;
  (17) Provide to each employer the name of each employee of the employer described in paragraph (16)(B) of this subsection who ceases coverage under a qualified health plan during a plan year and the effective date of the cessation;
  (18) Perform the duties required of the Authority by the Secretary, or the Secretary of the United States Department of the Treasury, related to determining eligibility for:
    (A) Premium tax credits;
    (B) Reduced cost-sharing; or
    (C) Individual responsibility requirement exemptions;
  (19) Select entities qualified to serve as Navigators in accordance with section 1311(i) of the Federal Act, and standards developed by the Secretary, and award grants to enable Navigators to:
    (A) Conduct public education activities to raise awareness of the availability of qualified health plans and qualified dental plans;
    (B) Distribute fair and impartial information concerning enrollment in qualified health plans and qualified dental plans, and the availability of premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Federal Act;
    (C) Facilitate enrollment in qualified health plans and qualified dental plans;
    (D) Provide referrals to an office of health insurance consumer assistance or health insurance ombudsman, including the Office of Health Care Ombudsman and Bill of Rights, or any other appropriate District agency, for any enrollee with a grievance or question regarding his or her health benefit plan, coverage, or a determination under that plan or coverage; and
    (E) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the exchanges;
  (20) Review the rate of premium growth within and outside the exchanges and consider the information in developing recommendations on whether to continue limiting qualified employer status to small employers;
  (21) Consult with stakeholders relevant to carrying out the activities required under this chapter, including:
    (A) Educated health care consumers who are enrollees in qualified health plans or qualified dental plans;
    (B) Individuals and entities with experience in facilitating enrollment in qualified health plans or dental plans;
    (C) Representatives of small businesses and self-employed individuals;
    (D) The Department of Health Care Finance;
    (E) Individuals who have experience enrolling difficult-to-reach populations in public insurance programs;
    (F) Public health experts;
    (G) Health care providers; and
    (H) Office of Health Care Ombudsman and Bill of Rights;
  (22) Meet the following financial integrity requirements:
    (A) Keep an accurate accounting of all activities, receipts, and expenditures and annually submit to the Secretary, Mayor, Council, and the Commissioner a report of the accountings;
    (B) Fully cooperate with any investigation conducted by the Secretary pursuant to the Secretary’s authority under the Federal Act;
    (C) Allow the Secretary, in coordination with the Inspector General of the United States Department of Health and Human Services, to:
      (i) Investigate the affairs of the Authority;
      (ii) Examine the properties and records of the Authority; and
      (iii) Require periodic reports in relation to the activities undertaken by the Authority; and
    (D) In carrying out its activities under this chapter, not use any funds intended for the administrative and operational expenses of the Authority for:
      (i) Staff retreats;
      (ii) Promotional giveaways;
      (iii) Excessive executive compensation; or
      (iv) Promotion of federal or District legislative and regulatory modifications not contemplated under the Federal Act; and
  (23) Administer the hardship and affordability exemptions under Chapter 51 of Title 47 .
(b) In addition to certifying qualified health plans, the Authority shall allow a health carrier to offer a plan that provides limited scope dental benefits meeting the requirements of section 9832(c)(2)(A) of the Internal Revenue Code of 1986 through the exchanges, either separately or in conjunction with a qualified health plan, if the plan provides pediatric dental benefits meeting the requirements of section 1302(b)(1)(J) of the Federal Act.
(c) Neither the Authority nor a health carrier offering qualified health plans through the exchanges may charge an individual a fee or penalty for termination of coverage if the individual enrolls in another type of minimum essential coverage because the individual has become newly eligible for that coverage or because the individual’s employer-sponsored coverage has become unaffordable under the standards of section 36B(c)(2)(C) of the Internal Revenue Code of 1986.
(d) The operations of the Authority are subject to the provisions of this chapter whether the operations are performed directly by the Authority or through an entity under a contract with the Authority.
D.C. Code § 31-2602.20 — DC Code / Title 31 / Chapter 26 / § 31-2602.20
§ 31-2602.20. Mergers or consolidations.
Status: repealed

Repealed.
D.C. Code § 31-1355 — DC Code / Title 31 / Chapter 13 / § 31-1355
§ 31-1355. Attachment, garnishment, and levy of execution.
Status: in_force

During the pendency in this, or any other state, of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in the District against the delinquent insurer or its assets.
D.C. Code § 31-5514 — DC Code / Title 31 / Chapter 55 / § 31-5514
§ 31-5514. Immunity from liability.
Status: in_force

There shall be no liability on the part of, and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the board of directors, or the Mayor or his or her representatives for any action taken or any failure to act by them in the performance of their powers and duties under this chapter.
D.C. Code § 31-3606 — DC Code / Title 31 / Chapter 36 / § 31-3606
§ 31-3606. Disclosure.
Status: in_force

(a) (1) An outline of coverage, written at a fifth grade reading level, shall be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means which prominently direct the attention of the recipient to the document and its purpose.
  (2) When an agent solicits individuals to purchase long-term care insurance, the agency must deliver the outline of coverage before the presenting of an application or enrollment form to the person being solicited to make a purchase.
  (3) In the case of direct response solicitations, the outline of coverage must be presented no later than when any application or enrollment form is presented.
(b) The outline of coverage shall include the following:
  (1) A description of the principal benefits and coverage provided in the policy;
  (2) A statement of the principal exclusions, reductions, and limitations contained in the policy;
  (3) A statement of the terms under which the policy or certificate, or both, may be contained in force or discontinued, including any reservation in the policy of a right to change premium (continuation or conversion provisions of group coverage shall be specifically described);
  (4) A statement that the outline of coverage is a summary only, not a contract of insurance, and that the policy or group master policy contains governing contractual provisions;
  (5) A description of the relationship of cost of care and benefits; and contract, a statement that discloses to the policyholder or certificate holder that the policy is intended to be a long-term care insurance contract.
  (6) A brief description of the relationship of cost of care and benefits; and
  (7) If the policy or certificate is intended to be a qualified long-term care insurance contract, a statement that discloses to the policyholder or certificate holder that the policy is intended to be a qualified long-term care insurance contract.
(c) In the case of a policy issued to a group described in § 31-3601(4)(D) , an outline of coverage shall not be required to be delivered; provided that, the information described in subsection (e) of this section is contained in other material relating to enrollment. Upon request, these other materials shall be made available to the Commissioner.
(d) A certificate issued pursuant to a group long-term care insurance policy which is delivered or issued for delivery in the District of Columbia shall include the following:
  (1) A description of the principal benefits and coverage provided in the policy;
  (2) A statement of the principal exclusions, reductions, and limitations contained in the policy; and
  (3) A statement that the group master policy determines governing contractual provisions.
(e) At the time of policy, deliver, a policy summary shall be delivered for an individual life insurance policy which provides long-term care benefits within the policy or by rider. In the case of direct response solicitations, the insurer shall deliver the policy summary either upon the applicant’s request, or the time of policy delivery, whichever occurs later. In addition to complying with all other applicable requirements, the summary shall also include:
  (1) An explanation of how the long-term care benefits interacts with other components of the policy, including deductions from death benefits;
  (2) An illustration of the amount of benefits, the length of benefit, and the guaranteed lifetime benefits, for each covered person, if any:
  (3) Any exclusions, reductions, and limitations on benefits of long-term care; and
  (4) If applicable to the policy type, the following:
    (A) A disclosure of the effects or exercising other rights under the policy;
    (B) A disclosure of guarantees related to long-term care costs of insurance charges; and
    (C) Current and projected maximum lifetime benefits.
(f) If an application for a long-term care insurance contract or certificate is approved, the issuer shall deliver the contract or certificate of insurance to the applicant no later than 30 days after the date of approval.
D.C. Code § 31-4107 — DC Code / Title 31 / Chapter 41 / § 31-4107
§ 31-4107. Notice and registration requirements of purchasing groups.
Status: in_force

(a) A purchasing group which intends to do business in the District shall, prior to doing business, furnish notice to the Commissioner which shall:
  (1) Identify the state in which the group is domiciled;
  (2) Identify all other states in which the group intends to do business;
  (3) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;
  (4) Identify the insurance company or companies from which the group intends to purchase its insurance and the domicile of each company;
  (5) Specify the method by which, and the person or persons, if any, through whom, the insurance will be offered to its members whose risks are resident or located in the District;
  (6) Identify the principal place of business of the group; and
  (7) Provide any other information required by the Commissioner to verify that the purchasing group is qualified under § 31-4101(11) .
(b) A purchasing group shall, within 10 days, notify the Commissioner of any changes in any of the items set forth in subsection (a) of this section.
(c) The purchasing group shall register with the District and provide proof of compliance with the service of process provisions of § 31-202 , for which a filing fee shall be determined by the Commissioner, except that these requirements shall not apply in the case of a purchasing group which only purchases insurance that was authorized under the federal Product Liability Risk Retention Act of 1981 (15 U.S.C. § 3901 et seq.), and:
  (1) Which was domiciled in any state of the United States before April 1, 1986, and after October 27, 1986;
  (2) Which purchased insurance from an insurance carrier licensed in any state before October 27, 1986, and since October 27, 1986; or
  (3) Which was a purchasing group under the requirements of the federal Product Liability Risk Retention Act of 1981 (15 U.S.C. § 3901 et seq.), before October 27, 1986.
(d) Each purchasing group that is required to give notice pursuant to subsection (a) of this section shall also furnish information required by the Commissioner to:
  (1) Verify that the entity qualifies as a purchasing group;
  (2) Determine where the purchasing group is located; and
  (3) Determine appropriate tax treatment.
(e) Any purchasing group which was doing business in the District prior to the enactment of this chapter shall, within 30 days after October 21, 1993, furnish notice to the Mayor pursuant to the provisions of subsection (a) of this section and furnish the information required pursuant to subsections (b) and (c) of this section.
D.C. Code § 31-3013 — DC Code / Title 31 / Chapter 30A / § 31-3013
§ 31-3013. Application.
Status: in_force

This chapter shall apply to policies and certificates of insurance that are health benefit plans as defined under § 31-3271(4) that are issued 90 days after April 8, 2011. This chapter shall not apply to short-term limited duration health benefit plans.
D.C. Code § 31-4428 — DC Code / Title 31 / Chapter 44 / § 31-4428
§ 31-4428. Limitation of payments to stockholders and policyholders.
Status: in_force

No domestic company shall make any payments in form of dividends or otherwise to its stockholders for or on account of any interest in or relation to the company as stockholders unless it possesses assets in the amount of such payment in excess of its liabilities, including its capital stock, and the surplus required by this subdivision; and no domestic company shall make any payments to its policyholders for or on account of any interest in or relation to the company as members or policyholders except for matured claims or other policy obligations and in the purchase of surrender values unless it possesses assets in the amount of such payments in excess of its liabilities, and the capital stock and surplus required by this subdivision.
D.C. Code § 31-3424 — DC Code / Title 31 / Chapter 34 / § 31-3424
§ 31-3424. Statutory construction and relationship to other laws.
Status: in_force

(a) Except as otherwise provided in this chapter, provisions of insurance laws and provisions of hospital or medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision shall not apply to an insurer or hospital or medical service corporation licensed and regulated pursuant to the insurance laws of the District except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.
(b) Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.
(c) Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and shall be exempt from the provisions set forth by the Board of Medicine relating to the practice of medicine.
D.C. Code § 31-1372.01 — DC Code / Title 31 / Chapter 13A / § 31-1372.01
§ 31-1372.01. Application of subchapter.
Status: in_force

This subchapter shall apply to the investments and investment practices of life insurers subject to the provisions of this chapter pursuant to § 31-1371.01 .
D.C. Code § 31-1631.01 — DC Code / Title 31 / Chapter 16A / § 31-1631.01
§ 31-1631.01. Short title.
Status: in_force

This chapter may be cited as the “Public Insurance Adjuster Licensure Act of 2002.”
D.C. Code § 31-1372.07 — DC Code / Title 31 / Chapter 13A / § 31-1372.07
§ 31-1372.07. Mortgage loans and real estate.
Status: in_force

(a) (1) Subject to the limitations of § 31-1372.02 , an insurer may acquire, directly or indirectly, through limited partnership interests and general partnership interests not otherwise prohibited by by § 31-1371.05 , joint ventures, stock of an investment subsidiary, membership interests in a limited liability company, trust certificates, or other similar instruments, obligations secured by a first mortgage on real estate situated within a domestic jurisdiction; provided, that a mortgage loan which is secured by a subordinate lien may be acquired if the insurer is the holder of the first lien. The obligations held by the insurer and any obligations with an equal lien priority, shall not, at the time of acquisition of the obligations, exceed:
    (A) Ninety percent of the fair market value of the real estate if the mortgage loan is secured by a purchase money mortgage or like security received by the insurer upon disposition of the real estate;
    (B) Eighty percent of the fair market value of the real estate if the mortgage loan requires immediate scheduled payment in periodic installments of principal and interest, has an amortization period not exceeding 30 years, and periodic payments made no less frequently than annually; provided, that:
      (i) Each periodic payment shall be sufficient to assure that at all times the outstanding principal balance of the mortgage loan shall be not greater than the outstanding principal balance that would be outstanding under a mortgage loan with the same original principal balance, with the same interest rate, and requiring equal payments of principal and interest with the same frequency over the same amortization period;
      (ii) Mortgage loans permitted under this paragraph shall be permitted notwithstanding the fact that they provide for a payment of the principal balance prior to the end of the period of amortization of the loan; and
      (iii) For residential mortgage loans, the 80% limitation shall be 97% if acceptable private mortgage insurance has been obtained; or
    (C) Seventy-five percent of the fair market value of the real estate for mortgage loans that do not meet the requirements of subparagraphs (A) or (B) of this paragraph.
  (2) For purposes of paragraph (1) of this subsection, the amount of an obligation required to be included in the calculation of the loan-to-value ratio may be reduced to the extent the obligation is insured by the Federal Housing Administration or guaranteed by the Administrator of Veterans Affairs, or their successors.
  (3) A mortgage loan that is held by an insurer under § 31-1371.03(f) or acquired under this section and is restructured in a manner that meets the requirements of a restructured mortgage loan in accordance with the NAICAccounting Practices and Procedures Manual, or successor publication, shall continue to qualify as a mortgage loan.
  (4) Subject to the limitations of § 31-1372.02 , credit lease transactions that do not qualify for investment under § 31-1372.03 shall be exempt from the provisions of paragraph (1) of this subsection if their terms are as follows:
    (A) The loan balance at the end of the initial term of the lease will not exceed the original appraised value of the real estate;
    (B) The lease payments equal or exceed the total debt service over the term of the loan;
    (C) A tenant or its affiliated entity whose rated credit instruments have a SVO 1 or 2 designation or a comparable rating from a nationally recognized statistical rating organization recognized by the SVO is obligated to make the lease payments;
    (D) The insurer holds, or is the beneficial holder of, a first mortgage on the real estate;
    (E) The expenses of the maintenance and operation of the real estate, excluding exterior repairs, structural repairs, parking, and heating, ventilation and air conditioning replacement expenses, are passed through to the tenant, or annual escrow contributions from the lease payments equal or exceed any deficiency in such expenses; and
    (F) There is a perfected assignment of the rents due under the lease to, or for the benefit of, the insurer.
(b) (1) An insurer may acquire, manage, and dispose of real estate situated in a domestic jurisdiction, directly or indirectly, through limited partnership interests and general partnership interests not otherwise prohibited by § 31-1371.05 , joint ventures, stock of an investment subsidiary, membership interests in a limited liability company, trust certificates, or other similar instruments. The real estate shall be income-producing or intended for improvement or development for investment purposes under an existing program.
  (2) The real estate may be subject to mortgages, liens, or other encumbrances, the amount of which shall, to the extent that the obligations secured by the mortgages, liens, or encumbrances are nonrecourse to the insurer, be deducted from the amount of the investment of the insurer in the real estate for purposes of determining compliance with subsection (d)(2) and (d)(3) of this section.
(c) (1) An insurer may acquire, manage, and dispose of real estate for the convenient accommodation of the business operations, including home office, branch office, and field office operations of the insurer, its affiliates, or subsidiaries.
  (2) Real estate acquired under this subsection may include excess space for rent to others if the excess space, valued at its fair market value, would otherwise be a permitted investment under subsection (b) of this section and is so qualified by the insurer.
  (3) The real estate acquired under this subsection may be subject to one or more mortgages, liens, or other encumbrances, the amount of which shall, to the extent that the obligations secured by the mortgages, liens, or encumbrances are nonrecourse to the insurer, be deducted from the amount of the investment of the insurer in the real estate for purposes of determining compliance with subsection (d)(4) of this section.
  (4) For purposes of this subsection, business operations shall not include that portion of real estate used for the direct provision of health care services by an accident and health insurer for its insureds. An insurer may acquire real estate used for these purposes under subsection (b) of this section.
(d) (1) An insurer shall not acquire an investment under subsection (a) of this section if, as a result of and after giving effect to the investment, the aggregate amount of all investments held by the insurer under subsection (a) of this section would exceed:
    (A) One percent of its admitted assets in mortgage loans covering any one secured location;
    (B) One quarter of one percent of its admitted assets in construction loans covering any one secured location; or
    (C) Two percent of its admitted assets in construction loans in the aggregate.
  (2) An insurer shall not acquire an investment under subsection (b) of this section if, as a result of and after giving effect to the investment and any outstanding guarantees made by the insurer in connection with the investment, the aggregate amount of investments held by the insurer under subsection (b) of this section and the guarantees then outstanding would exceed:
    (A) One percent of its admitted assets in one parcel or group of contiguous parcels of real estate; provided, that this limitation shall not apply to that portion of real estate used for the direct provision of health care services by an accident and health insurer for its insureds, such as hospitals, medical clinics, medical professional buildings, or other health facilities used for the purpose of providing health services; or
    (B) Fifteen percent of its admitted assets in the aggregate, but not more than 5% of its admitted assets, as to properties that are to be improved or developed.
  (3) An insurer shall not acquire an investment under subsection (a) or (b) of this section if, as a result of and after giving effect to the investment and any guarantees made by the insurer in connection with the investment, the aggregate amount of all investments held by the insurer under subsections (a) and (b) of this section and the guarantees then outstanding would exceed 45% of its admitted assets; provided, that an insurer may exceed this limitation by no more than 30% of its admitted assets if:
    (A) This increased amount is invested only in residential mortgage loans;
    (B) The insurer has not more than 10% of its admitted assets invested in mortgage loans other than residential mortgage loans;
    (C) The loan-to-value ratio of each residential mortgage loan does not exceed 60% at the time the mortgage loan is qualified and the fair market value is supported by an appraisal no more than 2 years old, prepared by an independent appraiser;
    (D) A single mortgage loan qualified does not exceed 0.5% of its admitted assets;
    (E) The insurer receives approval from the Commissioner for a plan that is designed to result in a portfolio of residential mortgage loans that is sufficiently geographically diversified; and
    (F) The insurer agrees to file annually with the Commissioner records that demonstrate that its portfolio of residential mortgage loans is geographically diversified in accordance with the plan.
  (4) The limitations of § 31-1372.02 shall not apply to an insurer’s acquisition of real estate under subsection (c) of this section. An insurer shall not acquire real estate under subsection (c) of this section if, as a result of and after giving effect to the acquisition, the aggregate amount of real estate held by the insurer under subsection (c) of this section would exceed 10% of its admitted assets. With the permission of the Commissioner, additional amounts of real estate may be acquired under subsection (c) of this section.
D.C. Code § 31-3551 — DC Code / Title 31 / Chapter 35A / § 31-3551
§ 31-3551. Reduction of health care benefits lien.
Status: in_force

(a) Except as provided in subsection (d) of this section, this chapter shall apply to any right of subrogation under a contract or applicable law for payment of health-care benefits or services for an injured person paid or payable by a subrogee or under any system of self-insurance or indemnification for health-care expenses, if the amount of the subrogee's claim as determined under subsection (b) of this section is voluntarily paid by the injured person from the injured person's recovery in a claim for personal injury.
(b) (1) Unless a subrogee files a petition to intervene in the personal injury action and is independently represented by counsel, in a subrogation claim arising out of a claim for personal injury, the amount permitted to be recovered by a subrogee for health-care benefits or services paid or payable on behalf of the injured person, subject to paragraph (2) of this subsection, shall be reduced by dividing the total amount of the costs of litigation and the attorneys’ fees incurred by the injured person for services rendered in connection with the injured person's claim for personal injury by the amount of the total recovery in the claim for personal injury and multiplying the result by the amount of the subrogee’s subrogation claim.
  (2) The result under paragraph (1) of this subsection shall not exceed one-third of an injured person’s recovery in a claim for personal injury.
  (3) A subrogee has no obligation to advise an injured person or the attorney for the injured person of the injured person's right to a reduction of the subrogation claim.
(c) On written request by a subrogee, an injured person or the attorney for the injured person who demands a reduction of the subrogation claim as described in this chapter shall provide the subrogee with a certification by the injured person that states the amount of the attorneys’ fees and the costs of litigation incurred by the injured person in connection with the injured person's claim.
(d) This chapter shall not apply to:
  (1) A voluntary reduction of a subrogation claim by a subrogee that exceeds the reduction of the subrogation claim as described in subsection (b) of this section; or
  (2) The District of Columbia Medicaid program.
(e) For the purposes of this chapter, the term "subrogee" means any person or entity that provides accident and sickness benefits or medical, surgical, or hospital benefits, whether on an indemnity or a reimbursement basis or a prepaid basis, including insurance carriers, and employers.
D.C. Code § 31-5233 — DC Code / Title 31 / Chapter 52A / § 31-5233
§ 31-5233. Premium Tax Credit.
Status: in_force

(a) Any Certified Investor who makes an investment of Certified Capital pursuant to an allocation of Premium Tax Credits under § 31-5234 shall, in the year of investment, earn a Premium Tax Credit in the amount of the Certified Investor’s investment of Certified Capital.
(b) A Certified Investor may claim an amount not to exceed 25% of the Premium Tax Credits per year (“Annual Amount”) against its District Premium Tax Liability, beginning with the premium tax filing for calendar year 2009. The Annual Amount shall not exceed the District Premium Tax Liability of the Certified Investor for the taxable year. All unused Premium Tax Credits may be carried forward indefinitely until they are utilized.
(c) (1) A Certified Investor may use up to 1/2 of its Annual Amount to offset its required June 1st payment of 1/2 of an insurance company’s District Premium Tax Liability, as set forth under § 31-205(b)(4) , beginning with the June 1, 2008 payment.
  (2) A Certified Investor claiming a Premium Tax Credit shall not be required to pay any additional or retaliatory tax levied pursuant to § 31-205(f)(1) as a result of claiming the Premium Tax Credit.
(d) A Certified Investor shall not be required to reduce the amount of premium tax included by the Certified Investor in connection with ratemaking in the District, for any insurance written by the Certified Investor or affiliate thereof, because of a reduction in the Certified Investor’s District Premium Tax Liability from the utilization of the Premium Tax Credits.
D.C. Code § 31-4450 — DC Code / Title 31 / Chapter 44 / § 31-4450
§ 31-4450. Merger or consolidation — Rights of dissenting shareholders.
Status: in_force

(a) (1) (A) If, by the date of shareholder meeting described in § 31-4449 , a shareholder of a domestic merging or consolidating company files with the company a written objection to the merger or the consolidation and does not vote for the action and if, within 20 days after the merger or consolidation, the shareholder makes a written demand to the surviving or the new company for payment of the fair market value of the dissenting shareholder’s shares, then the surviving or new company shall pay the shareholder the value of the shares.
    (B) The fair market value of the shares shall equal the market value on the day before the shareholders vote.
  (2) The company shall make the payment when the dissenter surrenders the dissenter’s certificate of share ownership.
  (3) The demand shall state the number and the class of the shares owned by the dissenting shareholder.
  (4) Any shareholders failing to make the demand described in subsection (1) of this section within the 20-day period shall have their interests in the company and their shares limited by the terms of the merger or consolidation.
(b) (1) If, within 30 days after the completion of the merger or consolidation, the dissenting shareholder and the surviving or new company agree upon the value of the shares, then the company shall pay the agreed upon value, according to subsection (a)(2) of this section, within 90 days after the merger or the consolidation becomes complete.
  (2) When the company pays the agreed upon value, the dissenting shareholder shall cease having an interest either in the shares or in the company.
(c) (1) If, at the end of the 30-day period described in subsection (b)(1) of this section, the dissenting shareholder and the surviving or new company do not agree upon the value of the shares, then, within 60 days after the 30-day period ends, the dissenting shareholder may file a petition in the Superior Court of the District of Columbia asking for a determination of the fair value of the shares.
  (2) The dissenter filing a timely petition shall be entitled to judgment against the surviving or new company for the amount the Court determines to be the fair value, and shall also be entitled to interest at the rate described in § 28-3302 .
  (3) The costs of the proceeding may be determined by the Court and may be apportioned by the Court against the parties.
  (4) Some factors the Court may consider while making the apportionment described in paragraph (3) of this subsection shall be the following:
    (A) Whether the fair value of the shares substantially exceeds the amount the company offered to pay.
    (B) Whether the dissenting shareholder rejected the company’s offer and brought the action in good faith.
    (C) Whether the company failed to make an offer.
  (5) The judgment shall be payable after the dissenting shareholder complies with subsection (a)(2) of this section.
  (6) Any dissenting shareholder failing to petition within the 60-day period described in paragraph (1) of this subsection shall have his or her interests in the company and in his or her shares, as well as the interests of people claiming under the dissenter, limited by the terms of the merger or the consolidation.
(d) The right of a dissenter to receive the fair value for shares shall cease when the company abandons the merger or consolidation.
D.C. Code § 31-5805 — DC Code / Title 31 / Chapter 58 / § 31-5805
§ 31-5805. Transactions by insurers.
Status: repealed

Repealed.
D.C. Code § 31-604 — DC Code / Title 31 / Chapter 6 / § 31-604
§ 31-604. Authority and functions of government entities.
Status: in_force

Nothing in this chapter shall be construed so as to affect the authority vested in the Mayor of the District of Columbia by Reorganization Plan No. 5 of 1952 (66 Stat. 824). The performance of any function vested by this chapter in the Mayor or in any office or agency under the jurisdiction and control of said Mayor may be delegated by said Mayor in accordance with § 3 of such Plan.
D.C. Code § 31-3931.05 — DC Code / Title 31 / Chapter 39A / § 31-3931.05
§ 31-3931.05. Liquidation and rehabilitation of protected cells.
Status: in_force

(a) If a protected cell captive insurer with one or more protected cells is being liquidated under this chapter, the protected cell captive insurer shall not be deemed to have no assets and no liabilities if the protected cell captive insurer continues to have a protected cell.
(b) In the course of the liquidating the protected cell captive insurer, each protected cell shall be:
  (1) Transferred to another protected cell captive insurer;
  (2) Liquidated;
  (3) Continued as a separate legal entity or protected cell under the law of another jurisdiction;
  (4) Incorporated independently of the protected cell captive insurer; or
  (5) Merged with another insurer.
(c) If a protected cell captive insurer is being liquidated, the liquidation shall not apply with respect to any protected cell of the protected cell captive insurer.
(d) If a protected cell of a protected cell captive insurer is being liquidated, the liquidation shall not apply with respect to the protected cell captive insurer or any other protected cell of the protected cell captive insurer.
(e) The court, on the application of a protected cell captive insurer, may determine, in accordance with this chapter, if a liability of the protected cell captive insurer shall be satisfied by its general assets, by the cell assets of a specific protected cell of the company, or by a combination of those assets.
(f) Notwithstanding any statutory provision or rule of law to the contrary, in the winding-up of a captive insurer, the liquidator shall:
  (1) Deal with the captive insurer’s assets only in accordance with the procedures set out in subsection (h)(6) of this section; and
  (2) In the discharge of the claims of creditors of the captive insurer, shall apply the captive insurer’s assets to those entitled to have recourse thereto under the provisions of § 31-3931.04 .
(g) (1) A petition for a liquidation or rehabilitation order with respect to a protected cell of a protected cell captive insurer may be made by:
    (A) The protected cell captive insurer;
    (B) The majority of the directors of the protected cell captive insurer;
    (C) Any creditor of that protected cell; or
    (D) The Commissioner.
  (2) Notice of a petition to the court for a liquidation or rehabilitation order with respect to a protected cell of a captive insurer shall be served upon:
    (A) The captive insurer;
    (B) The Commissioner; and
    (C) Such other persons as the court may direct.
(h) (1) Subject to the provisions of this section, the court may make a liquidation or rehabilitation order with respect to a protected cell if, in relation to a captive insurer, the court is satisfied that:
    (A) The cell assets attributable to a particular protected cell of the captive insurer, and in those cases where creditors of the captive insurer with respect to the protected cell are entitled to have recourse to the captive insurer’s general assets, are, or are likely to be, insufficient to discharge the claims of creditors with respect to that protected cell; and
    (B) An order would achieve the purposes set forth in paragraph (3) of this subsection.
  (2) A liquidation or rehabilitation order may be made with respect to one or more protected cells.
  (3) A liquidation or rehabilitation order shall direct that the business and cell assets of, or attributable to, a protected cell shall be managed by a liquidator or rehabilitator specified in the order for the purpose of:
    (A) The orderly closing or rehabilitation of the business of, or attributable to, the protected cell; and
    (B) The distribution of the cell assets, or assets attributable to the protected cell, to those having recourse thereto.
(i) The liquidator or rehabilitator of a protected cell:
  (1) Shall have all the functions and powers of the directors responsible for the business and cell assets of, or attributable to, the protected cell;
  (2) May at any time apply to the court for directions as to the extent or exercise of any function or power, for the liquidation or rehabilitation order to be discharged or varied, or for an order as to any matter occurring during the course of the liquidation or rehabilitation.
  (3) In exercising his functions and powers, shall act as the agent of the captive insurer and shall not incur personal liability except to the extent that he or she acts fraudulently, recklessly, negligently, or in bad faith.
(j) Upon the filing of a petition for, and during the period of operation of, a liquidation or rehabilitation order:
  (1) No proceedings shall be instituted or continued by or against the captive insurer or protected cell in respect of which the liquidation or rehabilitation order was made; and
  (2) No action shall be taken to enforce any security or in the execution of legal process with respect to the business or cell assets of or attributable to the protected cell with respect to which the liquidation or rehabilitation order was made, except by leave of the court.
(k) During the period of operation of a liquidation or rehabilitation order:
  (1) The functions and powers of the directors shall cease with respect to the business of, or attributable to, the protected cell or cell assets for which the order was made; and
  (2) (A) The liquidator or rehabilitator of the protected cell shall be entitled to be present at all meetings of the captive insurer or protected cell and to vote at such meetings as if he or she were a director of the captive insurer.
    (B) Unless there are no creditors that are entitled to have recourse to the captive insurer’s general assets, the liquidator’s or rehabilitator’s voting authority shall include matters concerning the captive insurer’s general assets.
(l) (1) The court shall not discharge a liquidation or rehabilitation order issued pursuant to this section unless it appears to the court that the purpose for which the order was made has been achieved, substantially achieved, or is incapable of being achieved.
  (2) The court, on hearing a petition for the discharge or variation of a liquidation or rehabilitation order, may make any interim order or adjourn the proceeding.
  (3) Upon the court issuing an order discharging a liquidation or rehabilitation order for a protected cell on the ground that the purpose for which the order was made had been achieved or substantially achieved, the court may direct that any payment made by the liquidator or rehabilitator to any creditor of the captive insurer, with respect to that protected cell, shall be deemed full satisfaction of the liabilities of the captive insurer to the creditor with respect to the protected cell, and the creditor’s claims against the captive insurer with respect to that protected cell shall be of its administrative, regulatory, and marketing activities as prescribed by law.
D.C. Code § 31-4724 — DC Code / Title 31 / Chapter 47 / § 31-4724
§ 31-4724. Access to psychologists or optometrists under group health insurance policy.
Status: in_force

(a) No policy of group health insurance shall be delivered or issued in the District of Columbia or be issued or amended to cover any resident of the District of Columbia if it contains a provision which would restrict access to psychologists or optometrists. When a policy relating to group health insurance requires payment or reimbursement for services which may be performed by a duly licensed psychologist or optometrist, any person covered by the policy shall be free to select and have direct access to such psychologist or optometrist without supervision or referral by a practitioner of the healing art and shall be entitled under the policy to have payment or reimbursement made for services performed.
(b) No policy of group health insurance shall be delivered or issued in the District or be issued or amended to cover any resident of the District if it does not contain a provision which:
  (1) For a policy issued or renewed after April 15, 1995, covers a minor grandchild, niece, or nephew of an employee of the District of Columbia if the minor grandchild, niece, or nephew is under the primary care of the insured, and if the legal guardian of the minor grandchild, niece, or nephew, if other than the insured, is not covered by an accident or sickness policy. For the purposes of this paragraph, the term “primary care” means that the insured provides food, clothing, and shelter, on a regular and continuous basis, for the minor grandchild, niece, or nephew during the time that the District of Columbia public schools are in regular session; and
  (2) For a policy issued or renewed after April 15, 1996, covers a minor grandchild, niece, or nephew under the primary care of the insured, and if the legal guardian of the minor grandchild, niece, or nephew, if other than the insured, is not covered by an accident or sickness policy. For the purposes of this paragraph, the term “primary care” means that the insured provides food, clothing, and shelter, on a regular and continuous basis, for the minor grandchild, niece or nephew during the time that the District of Columbia public schools are in regular session.
D.C. Code § 31-3901 — DC Code / Title 31 / Chapter 39 / § 31-3901
§ 31-3901. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-5327 — DC Code / Title 31 / Chapter 53 / § 31-5327
§ 31-5327. Injunction; liquidation; receivership of domestic society.
Status: in_force

(a) When the Commissioner, upon investigation, finds that a domestic society has exceeded its powers; has failed to comply with any provision of this chapter; is not fulfilling its contracts in good faith; has a membership of less than 90 after an existence of one year or more; or is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business, the Commissioner shall notify the society of such deficiency and state in writing the reasons for his or her dissatisfaction. The Commissioner shall immediately issue a written notice to the society requiring that the deficiency be corrected.  After such notice the society shall have a 30-day period in which to comply with the Commissioner’s request for correction.  If the society fails to comply, the Commissioner shall notify the society of such findings of noncompliance and require the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation complained of shall have been corrected, or why an action in quo warranto should not be commenced against the society.
(b) If on such date the society does not present good and sufficient reasons why it should not be so enjoined or why such action should not be commenced, the Commissioner may present the facts relating thereto to the Corporation Counsel of the District who shall, if he or she deems the circumstances warrant, commence an action to enjoin the society from transacting business or in quo warranto.
(c) The court shall thereupon notify the officers of the society of a hearing. If after a full hearing it appears that the society should be so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order. No society so enjoined shall have the authority to do business until the:
  (1) Commissioner finds that the violation complained of has been corrected;
  (2) Costs of such action shall have been paid by the society if the court finds that the society was in default as charged;
  (3) Court has dissolved its injunction; and
  (4) Commissioner has reinstated the certificate of authority.
(d) If the court orders the society liquidated, it shall be enjoined from carrying on any further business, whereupon the receiver of the society shall proceed immediately to take possession of the books, papers, money, and other assets of the society and, under the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled thereto.
(e) No action under this section shall be recognized in any court of the District unless brought by the Corporation Counsel upon request of the Commissioner. Whenever a receiver is to be appointed for a domestic society, the court shall appoint the Commissioner as such receiver.
(f) The provisions of this section relating to hearing by the Commissioner, action by the Corporation Counsel at the request of the Commissioner, hearing by the court, injunction and receivership shall be applicable to a society which voluntarily determines to discontinue business.
D.C. Code § 31-1703 — DC Code / Title 31 / Chapter 17 / § 31-1703
§ 31-1703. Conversion to foreign insurer.
Status: in_force

Any domestic insurer may, upon the approval of the Commissioner, transfer its domicile to any state in which it is admitted to transact the business of insurance, and upon such a transfer shall cease to be a domestic insurer and shall be admitted to the District, if qualified, as a foreign insurer. The Commissioner shall approve any proposed transfer unless he or she determines such a transfer is not in the best interest of the policyholders of the District.
D.C. Code § 31-2602.18 — DC Code / Title 31 / Chapter 26 / § 31-2602.18
§ 31-2602.18. Investment of capital, assets and surplus.
Status: repealed

Repealed.
D.C. Code § 31-1131.05b — DC Code / Title 31 / Chapter 11A / § 31-1131.05b
§ 31-1131.05b. Pre-licensing education for title insurers.
Status: in_force

(a) The Commissioner may require, by rule, that an individual, not exempt under subsections (b), (c), or (d) of this section, complete a pre-licensing course of study before:
  (1) Taking the examination required by § 31-1131.05 ; or
  (2) Applying for an insurance producer license.
(b) An attorney who holds a license to practice law in any state or the District of Columbia shall be exempt from pre-licensing course of study requirements and examination requirements.
(c) An title agent insurance applicant who provides certification from a title insurance insurer that the agent has had signing authority on policies or title insurance commitments for the past 3 years relating to properties located within the District of Columbia shall be exempt from the pre-licensing course of study requirements and the examination requirements; provided, that the certification is submitted to the Commissioner within one year after September 24, 2010.
(d) A full-time employee of a title insurer shall be exempt from the pre-licensing course of study requirement.
(e) The District of Columbia Land Title Association, or other organization designated by the Commissioner by rule, shall provide to each individual whose duties will include selling, soliciting, or negotiating a title insurer’s limited line of title insurance in the District a program of instruction that is approved by the Commissioner. The insurer shall provide the program of instruction to the individual prior to the individual’s application for licensure as a limited lines insurance producer.
D.C. Code § 31-5408 — DC Code / Title 31 / Chapter 54 / § 31-5408
§ 31-5408. Duties and powers of the Mayor.
Status: in_force

(a) In addition to the duties and powers enumerated elsewhere in this chapter, the Mayor shall:
  (1) Upon request of the Board of Directors, provide the Association with a statement of the premiums in the District of Columbia and any other appropriate states for each member insurer; and
  (2) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer to comply promptly with such a demand shall not excuse the Association from the performance of its powers and duties under this chapter.
(b) In addition to the duties and powers enumerated elsewhere in this chapter, the Mayor may:
  (1) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in the District of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation; or
  (2) Levy a forfeiture on any member insurer that fails to pay an assessment when due; provided, that the forfeiture shall not exceed 5% of the unpaid assessment per month, and no forfeiture shall be less than $100 per month.
(c) A final action of the board of directors or the Association may be appealed to the Mayor by a member insurer if the appeal is taken within 60 days of its receipt of notice of the final action being appealed. A final action or order of the Mayor shall be subject to judicial review in a court of competent jurisdiction in accordance with District laws that apply to the actions or orders of the Mayor.
(d) The liquidator, rehabilitator, or conservator of an impaired or insolvent insurer may notify all interested persons of the effect of this chapter.
D.C. Code § 31-2996.01 — DC Code / Title 31 / Chapter 29D / § 31-2996.01
§ 31-2996.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Dependent child” means an insured’s child by blood or by law who:
  (A) Is under 26 years of age;
  (B) Has no dependent of his own;
  (C) Is enrolled as a full-time student at an accredited public or private institution of higher education; and
  (D) Is not provided coverage, or eligible to receive coverage, as a named subscriber, insured, enrollee, or covered person under any other group health plan or individual health plan, or entitled to benefits under Title XVIII of the Social Security Act, approved July 30, 1965 (Pub. L. No. 89-871; 42 U.S.C. § 1395 et seq.), at the time dependent coverage pursuant to this chapter begins.
(2) “Group health plan” means an employee welfare plan (as defined in section 3 (1) of the Employee Retirement Income Security Act of 1974, approved September 2, 1974 (88 Stat. 829; 29 U.S.C. § 1002(1)), to the extent that the plan provides medical care and includes items and services paid for as medical care to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise.
(3) “Health insurance coverage” means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and includes items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurer.
(4) “Health insurer” means 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.
D.C. Code § 31-4121.05 — DC Code / Title 31 / Chapter 41A / § 31-4121.05
§ 31-4121.05. Exemptions.
Status: in_force

(a) An insurer shall be exempt from the requirements of this chapter if:
  (1) The insurer has annual direct written and unaffiliated assumed premiums, including international direct and assumed premiums, but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, of less than $500 million; and
  (2) The insurance group of which the insurer is a member has annual direct written and unaffiliated assumed premiums, including international direct and assumed premiums, but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, of less than $1 billion.
(b) If an insurer qualifies for exemption pursuant to subsection (a)(1) of this section, but the insurance group of which the insurer is a member does not qualify for exemption pursuant to subsection (a)(2) of this section, then the ORSA Summary Report that may be required pursuant to § 31-4121.04 shall include every insurer within the insurance group; which requirement may be satisfied by the submission of more than one ORSA Summary Report for any combination of insurers; provided, that the combination of reports includes every insurer within the insurance group.
(c) If an insurer does not qualify for exemption pursuant to subsection (a)(1) of this section, but the insurance group of which it is a member qualifies for exemption pursuant to subsection (a)(2) of this section, then the only ORSA Summary Report that may be required pursuant to § 31-4121.04 shall be the report applicable to that insurer.
(d) (1) An insurer that does not qualify for exemption pursuant to subsection (a) of this section may apply to the Commissioner for a waiver from the requirements of this chapter based upon unique circumstances.
  (2) (A) In deciding whether to grant an insurer's request for waiver, the Commissioner may consider:
      (i) The type and volume of business written;
      (ii) The ownership;
      (iii) The organizational structure; and
      (iv) Any other factor the Commissioner considers relevant to the insurer or insurance group of which the insurer is a member.
    (B) If the insurer is part of an insurance group with insurers domiciled in more than one state, the Commissioner shall coordinate with the lead state commissioner and with other domiciliary commissioners of the other states in considering whether to grant the insurer's request for a waiver.
(e) Notwithstanding the exemptions stated in this section, the Commissioner may require an insurer to:
  (1) Maintain a risk management framework, conduct an ORSA, and file an ORSA Summary Report based on unique circumstances, including the type and volume of business written, ownership, and organizational structure, and federal agency and international supervisor requests; or
  (2) Maintain a risk management framework, conduct an ORSA, and file an ORSA Summary Report if:
    (A) The insurer has risk-based capital for a Company Action Level Event, as defined in § 31-2003 ;
    (B) Meets one or more of the standards of an insurer deemed to be in hazardous financial condition, as defined in § 31-2101 ; or
    (C) As determined by the Commissioner, exhibits other qualities of a troubled insurer.
(f) If an insurer that qualifies for an exemption pursuant to subsection (a) of this section no longer qualifies for that exemption due to changes in premiums as reflected in the insurer's most recent annual statement or in the most recent annual statements of the insurers within the insurance group of which the insurer is a member, the insurer shall have one year following the loss of exemption qualification to comply with the requirements of this chapter .
D.C. Code § 31-2361.03 — DC Code / Title 31 / Chapter 23R / § 31-2361.03
§ 31-2361.03. Appraisal panel size and calculation.
Status: in_force

(a) For purposes of determining whether a person is an appraisal management company within the meaning of § 31-2361.01(4) , an appraiser is deemed part of an appraiser panel as of the earliest date on which the person overseeing the appraisal panel:
  (1) Accepts the appraiser for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; or
  (2) Engages the appraiser to perform one or more appraisals on behalf of a creditor for covered transactions or secondary mortgage market participant in connection with covered transactions.
(b) An appraiser who is deemed part of an appraiser panel pursuant to subsection (a) of this section is deemed to remain on the panel until the date on which the person overseeing the appraisal panel:
  (1) Sends written notice to the appraiser removing the appraiser from the appraiser panel, with an explanation of its action; or
  (2) Receives written notice from the appraiser asking to be removed from the appraiser panel or notice of the death or incapacity of the appraiser.
(c) If an appraiser is removed from an appraiser panel pursuant to subsection (b)(2) of this section, but the person overseeing the appraisal panel subsequently accepts the appraiser for consideration for future assignments or engages the appraiser at any time during the 12 months after the appraiser's removal, the removal will be deemed not to have occurred, and the appraiser will be deemed to have been part of the appraiser panel without interruption.
D.C. Code § 31-1326 — DC Code / Title 31 / Chapter 13 / § 31-1326
§ 31-1326. Voidable preferences and liens.
Status: in_force

(a) (1) A preference is a transfer of any of the property of an insurer to or for the benefit of a creditor, for or on account of an antecedent debt, made or suffered by the insurer within 1 year before the filing of a successful petition for liquidation under this chapter, the effect of which transfer may be to enable the creditor to obtain a greater percentage of this debt than another creditor of the same class would receive. If a liquidation order is entered while the insurer is already subject to a rehabilitation order, then the transfers shall be deemed preferences if made or suffered within 1 year before the filing of the successful petition for rehabilitation, or within 2 years before the filing of the successful petition for liquidation, whichever time is shorter.
  (2) Any preference may be avoided by the liquidator if:
    (A) The insurer was insolvent at the time of the transfer;
    (B) The transfer was made within 4 months before the filing of the petition;
    (C) The creditor receiving it or to be benefitted thereby or his agent acting with reference thereto had, at the time when the transfer was made, reasonable cause to believe that the insurer was insolvent or was about to become insolvent; or
    (D) The creditor receiving it was an officer, or any employee or attorney or other person who was in fact in a position of comparable influence in the insurer to an officer whether or not he or she held such a position, or any shareholder holding directly or indirectly more than 5% of any class of any equity security issued by the insurer, or any other person, firm, corporation, association, or aggregation of persons with whom the insurer did not deal at arm’s length.
  (3) Where the preference is voidable, the liquidator may recover the property or, if it has been converted, its value from any person who has received or converted the property, except where a bona fide purchaser or lienor has given less than fair equivalent value, he or she shall have a lien upon the property to the extent of the consideration actually given by him or her. Where a preference by way of lien or security title is voidable, the court may on due notice order the lien or title to be preserved for the benefit of the estate, in which event the lien or title shall pass to the liquidator.
(b) (1) A transfer of property other than real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent lien obtainable by legal or equitable proceedings on a simple contract could become superior to the rights of the transferee.
  (2) A transfer of real property shall be deemed to be made or suffered when it becomes so far perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to the rights of the transferee.
  (3) A transfer which creates an equitable lien shall not be deemed to be perfected if there are available means by which a legal lien could be created.
  (4) A transfer not perfected prior to the filing of a petition for liquidation shall be deemed to be made immediately before the filing of the successful petition.
  (5) The provisions of this subsection apply whether or not there are or were creditors who might have obtained liens or persons who might have become bona fide purchasers.
(c) (1) A lien obtainable by legal or equitable proceedings upon a simple contract is one arising in the ordinary course of the proceedings upon the entry or docketing of a judgment or decree, or upon attachment, garnishment, execution, or like process, whether before, upon, or after judgment or decree and whether before or upon levy. It does not include liens which under applicable law are given a special priority over other liens which are prior in time.
  (2) A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a transferee within the meaning of subsection (b) of this section, if the consequences would follow only from the lien or purchase itself, or from the lien or purchase followed by any step wholly within the control of the respective lienholder or purchaser, with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of subsection (b) of this section through any acts subsequent to the obtaining of such a lien or subsequent to such a purchase which require the agreement or concurrence of any third party or which require any further judicial action or ruling.
(d) A transfer of property for or on account of a new and contemporaneous consideration which is deemed under subsection (b) of this section to be made or suffered after the transfer because of delay in perfecting it does not thereby become a transfer for or on account of an antecedent debt if any acts required by the applicable law to be performed in order to perfect the transfer as against liens or bona fide purchasers’ rights are performed within 21 days or any period expressly allowed by the law, whichever is less. A transfer to secure a future loan, if such a loan is actually made, or a transfer which becomes security for a future loan, shall have the same effect as a transfer for or on account of a new and contemporaneous consideration.
(e) If any lien deemed voidable under subsection (a)(2) of this section has been dissolved by the furnishing of a bond or other obligation, the surety on which has been indemnified directly or indirectly by the transfer of or the creation of a lien upon any property of an insurer before the filing of a petition under this chapter which results in a liquidation order, the indemnifying transfer or lien shall also be deemed voidable.
(f) The property affected by any lien deemed voidable under subsections (a) and (e) of this section shall be discharged from the lien, and that property and any of the indemnifying property transferred to or for the benefit of a surety shall pass to the liquidator, except that the court may on due notice order such a lien to be preserved for the benefit of the estate and the court may direct that such a conveyance be executed as may be proper or adequate to evidence the title of the liquidator.
(g) The Superior Court of the District of Columbia shall have summary jurisdiction of any proceeding by the liquidator to hear and determine the rights of any parties under this section. Reasonable notice of any hearing in the proceeding shall be given to all parties in interest, including the obligee of a releasing bond or other like obligation. Where an order is entered for the recovery of indemnifying property in kind or for the avoidance of an indemnifying lien, the court, upon application of any party in interest, shall in the same proceeding ascertain the value of the property or lien, and if the value is less than the amount for which the property is indemnified or than the amount of the lien, the transferee or lienholder may elect to retain the property or lien upon payment of its value, as ascertained by the court, to the liquidator, within a reasonable time as the court shall fix.
(h) The liability of the surety under a releasing bond or other like obligation shall be discharged to the extent of the value of the indemnifying property recovered or the indemnifying lien nullified and avoided by the liquidator, or, where the property is retained under subsection (g) of this section, to the extent of the amount paid to the liquidator.
(i) If a creditor has been preferred, and afterward in good faith gives the insurer further credit without security of any kind, for property which becomes a part of the insurer’s estate, the amount of the new credit remaining unpaid at the time of the petition may be set off against the preference which would otherwise be recoverable from him.
(j) If an insurer, directly or indirectly, within 4 months before the filing of a successful petition for liquidation under this chapter, or at any time in contemplation of a proceeding to liquidate it, pays money or transfers property to an attorney-at-law for services rendered or to be rendered, the transactions may be examined by the court on its own motion or shall be examined by the court on petition of the liquidator and shall be held valid only to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the liquidator for the benefit of the estate provided that where the attorney is in a position of influence in the insurer or an affiliate payment of any money or the transfer of any property to the attorney-at-law for services rendered or to be rendered shall be governed by the provisions of subsection (a)(2)(D) of this section.
(k) (1) Every officer, manager, employee, shareholder, member, subscriber, attorney, or any other person acting on behalf of the insurer who knowingly participates in giving any preference when he or she has reasonable cause to believe the insurer is or is about to become insolvent at the time of the preference shall be personally liable to the liquidator for the amount of the preference. It is permissible to infer that there is a reasonable cause to so believe if the transfer was made within 4 months before the date of filing of this successful petition for liquidation.
  (2) Every person receiving any property from the insurer or the benefit thereof as a preference voidable under subsection (a) of this section shall be personally liable therefor and shall be bound to account to the liquidator.
  (3) Nothing in this subsection shall prejudice any other claim by the liquidator against any person.
D.C. Code § 31-3519 — DC Code / Title 31 / Chapter 35 / § 31-3519
§ 31-3519. Reports to directors and trustees.
Status: in_force

The officers or other management of a corporation issued a certificate of authority under this chapter shall report to its board of directors or trustees, no less often than quarterly, regarding any and all transactions or events that have, or are likely to have, a material impact on the operations or financial condition of the corporation.
D.C. Code § 31-5803 — DC Code / Title 31 / Chapter 58 / § 31-5803
§ 31-5803. Acquisition of control of or merger with domestic insurer.
Status: repealed

Repealed.
D.C. Code § 31-1371.01 — DC Code / Title 31 / Chapter 13A / § 31-1371.01
§ 31-1371.01. Application.
Status: in_force

This chapter shall apply only to investments and investment practices of domestic insurers and United States branches of non-U.S. insurers that are authorized to use the District of Columbia as a state of entry to transact insurance through its United States branch under § 31-2202 . This chapter shall not apply to separate accounts of an insurer pertaining to variable or modified guaranteed contracts.
D.C. Code § 31-3822 — DC Code / Title 31 / Chapter 38A / § 31-3822
§ 31-3822. Stop-loss policy.
Status: in_force

(a) An insurer shall not issue or deliver to a small employer, as defined in §31-3301.01(42) , a stop-loss insurance policy unless the employer has a fully-insured employee health benefit plan.
(b) Stop-loss insurance is subject to the following:
  (1) The policy must be issued to and insure the employer, the trustee, or other sponsor of the plan, or the plan itself, but not the employees, members, or participants;
  (2) Payment by the insurer must be made to the employer, trustee, or other sponsor of the plan, or to the plan itself, but not to the employees, members, participants, or health care providers; and
  (3) Stop-loss insurance policies issued or renewed after May 2, 2015, shall not contain any of the following provisions:
    (A) An individual attachment point for a policy year that is less than $40,000.
    (B) An aggregate attachment point for a policy year that is less than the greater of one of the following:
      (i) Five thousand dollars times the total number of group members;
      (ii) One hundred twenty percent of expected claims; or
      (iii) Forty thousand dollars.
(c) (1) A stop-loss insurer shall not exclude any employee or dependent on the basis of an actual or expected health status-related factor.
  (2) Health status-related factors include any of the following: health status; medical condition, including both physical and mental illnesses; claims experience; medical history; receipt of health care; genetic information; disability; evidence of insurability, including conditions arising out of acts of domestic violence of the employee or dependent; or any other health status-related factor as determined by the Commissioner.
(d) A stop-loss insurer shall not cancel or not renew a stop-loss insurance policy except if:
  (1) The employer has failed to make the required premium payments;
  (2) The employer demonstrates fraud or an intentional misrepresentation of material fact under the terms of the stop-loss insurance policy;
  (3) The stop-loss insurer has been determined by the Commissioner to be financially impaired; or
  (4) The stop-loss insurer ceases to write, issue, or administer new stop-loss insurance policies in the District; provided, that the following conditions are satisfied:
    (A) The insurer provides notice to the Commissioner and employer of its intent to cease writing, issuing, or administering new or existing stop-loss insurance policies in the District at least 180 days before the date the insurer seeks to discontinue the coverage; and
    (B) The insurer provides the employer at least 180 days advance written notice of its intent to cancel stop-loss insurance coverage beginning from the date of discontinuation provided to the Commissioner pursuant to subparagraph (A) of this paragraph.
(e) If an insurer elects to cancel or not renew an employer’s stop-loss insurance pursuant to subsection (d)(1) of this section, the insurer shall:
  (1) Provide the employer notice no less than 30 days before the date of cancellation or expiration of the policy period;
  (2) Accept any premium payment by the employer that would satisfy any outstanding amounts owed to the insurer and cure the deficiency giving rise to the cancellation or non-renewal; and
  (3) Continue the policy in full force until the date of cancellation or expiration provided in the notice.
(f) Nothing in this section shall be construed to extinguish, limit, or otherwise impair any existing right in law or equity arising under a stop-loss insurance policy.
(g) On April 1, 2015, and on April 1 annually thereafter, a stop-loss insurer shall report to the Commissioner the number of small employer stop-loss policies it had issued and in effect as of December 31 of the previous year. The information in the report shall include new policies issued and policies reissued or renewed in the previous year for groups that have 1 to 50 employees and 51 to 100 employees.
(h) The provisions of this section shall apply to stop-loss insurance policies issued or renewed after May 2, 2015.
(i) The Commissioner, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], may issue rules to implement the requirements of this section, including rules providing for:
et seq.
  (1) Additional standards for employee benefit stop-loss insurance policies; and
  (2) Required disclosures to policyholders by an insurance carrier providing employee benefit stop-loss insurance.
D.C. Code § 31-1131.18 — DC Code / Title 31 / Chapter 11A / § 31-1131.18
§ 31-1131.18. Regulations.
Status: in_force

The Commissioner may promulgate rules and regulations necessary or appropriate to implement the provisions of this chapter.
D.C. Code § 31-1705 — DC Code / Title 31 / Chapter 17 / § 31-1705
§ 31-1705. Rulemaking.
Status: in_force

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , may issue rules and regulations to carry out the purpose of this chapter.
D.C. Code § 31-2602.26 — DC Code / Title 31 / Chapter 26 / § 31-2602.26
§ 31-2602.26. Licensees to furnish bond.
Status: repealed

Repealed.
D.C. Code § 31-5303 — DC Code / Title 31 / Chapter 53 / § 31-5303
§ 31-5303. Qualifications for membership.
Status: in_force

(a) A society shall specify in its laws or rules:
  (1) Eligibility standards for each class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age 15 and not greater than age 21;
  (2) The process for admission to membership for each membership class; and
  (3) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(b) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.
(c) Membership rights in the society are personal to the member and are not assignable.
D.C. Code § 31-3252 — DC Code / Title 31 / Chapter 32 / § 31-3252
§ 31-3252. Application for becoming credentialed.
Status: in_force

(a) A health insurer or its credentialing intermediary shall accept the uniform credentialing form as the sole application for a health care provider to become credentialed or recredentialed for a provider panel of the health insurer.
(b) A health insurer or its credentialing intermediary shall make the uniform credentialing form available to any health care provider that is to be credentialed or re-credentialed by the health insurer or credentialing intermediary.
D.C. Code § 31-309 — DC Code / Title 31 / Chapter 3 / § 31-309
§ 31-309. Communication of internal control related matters noted in audit.
Status: in_force

(a) In addition to the annual audited financial report, an insurer shall furnish the Mayor with a written communication regarding any unremediated material weaknesses in its internal controls over financial reporting noted during the audit. If no unremediated material weaknesses were noted during the audit, the insurer shall submit a written communication stating this fact to the Mayor. The communication shall be prepared by the independent certified public accountant within 60 days after the filing of the annual audited financial report and shall contain a description of any unremediated material weakness, as of December 31 immediately preceding, in the insurer’s internal control over financial reporting noted by the accountant during the course of their audit of the financial statements.
(b) The insurer shall provide a description of the remedial actions taken or those being proposed to correct unremediated material weaknesses if the actions are not described in the independent certified public accountant’s communication to the insurer.
D.C. Code § 31-4321 — DC Code / Title 31 / Chapter 43 / § 31-4321
§ 31-4321. Reinsurance by Superintendent.
Status: repealed

Repealed.
D.C. Code § 31-4447 — DC Code / Title 31 / Chapter 44 / § 31-4447
§ 31-4447. Merger or consolidation — Approval by Mayor.
Status: in_force

(a) The plan of merger or of consolidation and the filings required by § 31-5803 shall be mailed to shareholders, to members, or to policyholders of the domestic merging and consolidating companies, and shall be filed with the Mayor according to § 31-5803 [repealed].
(b) A life company aggrieved by the Mayor’s decision to disapprove a plan of merger or of consolidation with the Mayor under subsection (a) of this section shall have the rights, under § 31-5803 [repealed], to judicial review of the decision.
D.C. Code § 31-5051.02 — DC Code / Title 31 / Chapter 50C / § 31-5051.02
§ 31-5051.02. License requirements; training; sale of plans.
Status: in_force

(a) A vendor is required to hold a limited-lines license to sell or offer coverage under a policy of portable electronics insurance.
(b) (1) A limited-lines license issued under this section shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions and such employee or authorized representative shall not be subject to licensure as an insurance producer; provided, that the insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the training program, including development of a training program, for employees and authorized representatives of the vendors.
  (2) (A) The training required by this subsection shall comply with the following requirements:
      (i) The training shall be provided to employees and authorized representatives of vendors who are directly engaged in the activity of selling or offering portable electronics insurance;
      (ii) The training may be provided in electronic form; provided, that, if conducted in an electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance product that is conducted and overseen by licensed employees of the supervising entity; and
      (iii) Each employee and authorized representative shall receive basic instruction about the portable electronics insurance offered to customers and the disclosures required under subsection (d) of this section.
    (B) The training provided pursuant to this subsection shall not be subject to the prior approval requirement of § 31-1131.05a(b) .
(c) No employee or authorized representative of a vendor of portable electronics shall advertise, represent, or otherwise hold himself or herself out as a non-limited lines licensed insurance producer.
(d) At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available to a prospective customer that:
  (1) Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer’s homeowner’s insurance policy, renter’s insurance policy, or other source of coverage;
  (2) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services;
  (3) Summarize the material terms of the insurance coverage, including:
    (A) The identity of the insurer;
    (B) The identity of the supervising entity;
    (C) The amount of any applicable deductible and how it is to be paid;
    (D) Benefits of the coverage; and
    (E) Key terms and conditions of coverage, such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or non-original manufacturer parts or equipment;
  (4) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and
  (5) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium.
(e) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited-lines license that is incidental to their overall compensation.
(f) The supervising entity appointed to supervise a vendor’s portable electronics insurance program shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in the District. Upon request by the Commissioner and with 10 days notice to the supervising entity, the registry shall be open to inspection and examination by the Commissioner during regular business hours of the supervising entity.
(g) Applications for licensure under this section shall be made by a vendor in accordance with § 31-1131.06 for residents of the District and § 31-1131.08 for non-residents. Information regarding a vendor’s officers, directors, or shareholders submitted in connection with a vendor’s application for licensure shall be limited to an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor’s compliance with the requirements of this section; provided, that if the vendor derives more than 50% of its revenue from the sale of portable electronics insurance, the information shall be provided for all officers, directors, and shareholders of record having beneficial ownership of 10% or more of any class of securities registered under the federal securities law.
D.C. Code § 31-5412 — DC Code / Title 31 / Chapter 54 / § 31-5412
§ 31-5412. Examination of the Association; annual report.
Status: in_force

(a) The Association shall be subject to examination and regulation by the Mayor.
(b) The Board of Directors shall submit to the Mayor each year, not later than 120 days after the end of the Association’s fiscal year, a financial report in a form approved by the Mayor and a report of its activities during the preceding fiscal year.
D.C. Code § 31-3253 — DC Code / Title 31 / Chapter 32 / § 31-3253
§ 31-3253. Penalties.
Status: in_force

The Commissioner may impose a penalty not to exceed $500 against any health insurer for each violation of this subchapter by the health insurer or its credentialing intermediary.
D.C. Code § 31-906 — DC Code / Title 31 / Chapter 9 / § 31-906
§ 31-906. Required provisions in a plan of conversion.
Status: in_force

(a) The plan shall set forth the reasons for the proposed conversion.
(b) The plan shall provide that all policies in force on the effective date of conversion shall continue to remain in force under the terms of those policies, except that any voting rights of the policyholders provided for under the policies or under District law and any contingent liability policy provisions of the type described in District law shall be extinguished on the effective date of the conversion.
(c) The plan shall further provide that the holders of participating policies in effect on the date of conversion shall continue to have the right to receive dividends as provided in the participating policies, if any.
(d) Except mutual company’s life policies, guaranteed reviewable accident and health policies, and noncancelable accident and health policies, the converted stock company may issue the insured a nonparticipating policy as a substitute for the participating policy upon the renewal date of a participating policy.
(e) (1) The plan shall provide that each eligible member is to receive, without payment, nontransferable subscription rights to purchase a portion of the capital stock of the converted stock company. As an alternative to subscription rights in the converted stock company, the plan may provide that each eligible member is to receive, without payment, nontransferable subscription rights to purchase a portion of the capital stock of a corporation organized and owned by the mutual company for the purpose of purchasing and holding all the stock of the converted stock company, or a stock insurance company owned by the mutual company into which the mutual company will be merged.
  (2) In the case of the conversion of an existing mutual insurance holding company to a stock company, if shares of common stock in an intermediate stock holding company have previously been issued to persons other than the mutual holding company, the plan of conversion shall provide that such common stockholders shall receive an ownership interest in the converted mutual insurance holding company equal to the percentage ownership in the intermediate stock holding company immediately before the conversion, with the subscription rights to the balance of the shares to be distributed as provided under paragraph (1) of this subsection.
(f) The subscription rights shall be allocated in whole shares among the eligible members using a fair and equitable formula. This formula may, but need not, take into account how the different classes of policies of the eligible members contributed to the surplus of the mutual company.
(g) The plan shall provide a fair and equitable means for the allocation of shares of capital stock in the event of an oversubscription to shares by eligible members exercising subscription rights received pursuant to subsection (e) of this section.
(h) The plan shall provide that any shares of capital stock not subscribed to by eligible members exercising subscription rights received under subsections (e) and (f) of this section shall be sold in a public offering through an underwriter. If the shares of capital stock not subscribed to by eligible members is so small in number as to not warrant the expense of a public offering, the plan of conversion may provide for the purchase of the unsubscribed shares by a private placement or other alternative method approved by the Commissioner that is fair and equitable to the eligible members.
(i) The plan shall set the total price of the capital stock equal to the estimated pro forma market value of the converted stock company based upon an independent evaluation by a qualified person. The pro forma market value may be the value or range of values that is estimated to be necessary to attract full subscription for shares as indicated by the independent evaluation.
(j) The plan shall set the purchase price of each share of capital stock equal to any reasonable amount that will not inhibit the purchase of shares by members. The purchase price of each share shall be uniform for all purchasers.
(k) The plan shall provide for a closed block of business for participating life policies of a Class 1 mutual company.
  (1) The plan shall provide that a Class 1 mutual company’s participating life policies in force on the effective date of the conversion shall be operated by the converted stock company for dividend purposes as a closed block of participating business, except that any or all classes of group participating policies may be excluded from the closed block.
  (2) The plan shall establish one or more segregated accounts for the benefit of the closed block of business and shall allocate to those segregated accounts enough assets of the mutual company so that the assets together with the revenue from the closed block of business are sufficient to support the closed block, including, but not limited to, the payment of claims, expenses, taxes, and any dividends that are provided for under the terms of the participating policies, with appropriate adjustments in the dividends for experience changes. The plan shall be accompanied by an opinion of a qualified actuary or an appointed actuary who meets the standards set forth in the insurance laws or regulations for the submission or actuarial opinions as to the adequacy of reserves or assets. The opinion shall relate to the adequacy of the assets allocated to the segregated accounts in support of the closed block of business. The actuarial opinion shall be based on a method of analysis deemed appropriate for those purposes by the Actuarial Standards Board.
  (3) The amount of assets allocated to the segregated accounts of the closed block shall be based upon the mutual company’s last annual statement that is updated to the effective date of the conversion.
  (4) The converted stock company shall keep a separate accounting for the closed block and shall make and include in the annual statement to be filed with the Commissioner each year a separate statement showing the gains, losses, and expenses properly attributable to the closed block.
  (5) Periodically, upon the Commissioner’s approval, those assets allocated to the closed block, as provided in paragraph (2) of this subsection, that are in excess of the amount of assets necessary to support the remaining policies in the closed block shall revert to the benefit of the converted stock company.
  (6) The Commissioner may waive the requirement for the establishment of a closed block of business if the Commissioner deems it to be in the best interest of the participating policyholders of the mutual insurer to do so.
(l) The plan shall provide that any one person or group of persons acting in concert may not acquire, through public offering or subscription rights, more than 5% of the capital stock of the converted stock company for a period of 5 years from the effective date of the plan except with the approval of the Commissioner. This limitation does not apply to any entity that is to purchase 100% of the capital stock of the converted company as part of the plan of conversion approved by the Commissioner or to a purchase of stock by a tax-qualified employee benefit plan pursuant to subscription rights granted to that plan as authorized under § 31-907(b) and to a purchase of unsubscribed stock pursuant to subsection (h) of this section.
D.C. Code § 31-3302.07 — DC Code / Title 31 / Chapter 33 / § 31-3302.07
§ 31-3302.07. Regulations establishing standards.
Status: in_force

(a) The Commissioner may adopt regulations to enable him or her to establish and administer such standards relating to the provisions of this chapter as may be necessary to (i) implement the requirements of this chapter, and (ii) assure that the District of Columbia’s regulation of health insurers is not preempted pursuant to the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (P.L. 104-191; 110 Stat. 1936).
(b) The Commissioner may revise or amend such regulations and may increase the scope of the regulations to the extent necessary to maintain federal approval of the District of Columbia’s program for regulation of health insurers pursuant to the requirements established by the United States Department of Health and Human Services.
(b-1) The Commissioner may issue rules to establish and administer such standards relating to the provisions of this chapter as may be necessary to improve access and affordability of health insurance in the District and to maintain the requirements of the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 111; 42 U.S.C. § 18001, note).
(c) The Commissioner shall annually advise the Committee on Consumer and Regulatory Affairs, or such other Council committee or committees having subject matter jurisdiction over health insurance, of revisions and amendments made pursuant to subsection (b) of this section.
D.C. Code § 31-5031.15 — DC Code / Title 31 / Chapter 50A / § 31-5031.15
§ 31-5031.15. Prohibition of rebate and fee splitting.
Status: in_force

A title insurer or other person shall not give or receive, directly or indirectly, any consideration for the referral of title insurance business or escrow or other service provided by a title insurer.
D.C. Code § 31-5313 — DC Code / Title 31 / Chapter 53 / § 31-5313
§ 31-5313. Benefits.
Status: in_force

(a) A society may provide the following contractual benefits in any form:
  (1) Death benefits;
  (2) Endowment benefits;
  (3) Annuity benefits;
  (4) Temporary or permanent disability benefits;
  (5) Hospital, medical, or nursing benefits;
  (6) Monument or tombstone benefits to the memory of deceased members; and
  (7) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter.
(b) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (a) of this section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.
D.C. Code § 31-2602.27 — DC Code / Title 31 / Chapter 26 / § 31-2602.27
§ 31-2602.27. Companies to keep classified records; violations.
Status: repealed

Repealed.
D.C. Code § 31-5704 — DC Code / Title 31 / Chapter 57 / § 31-5704
§ 31-5704. Required annual reports; contents.
Status: repealed

Repealed.
D.C. Code § 31-2953 — DC Code / Title 31 / Chapter 29 / § 31-2953
§ 31-2953. Applicability.
Status: in_force

This subchapter shall apply to all individual and group health benefits plans issued or renewed on or after 120 days after March 25, 2003.
D.C. Code § 31-4420 — DC Code / Title 31 / Chapter 44 / § 31-4420
§ 31-4420. Applicability of provisions to existing corporations.
Status: in_force

Every company incorporated under the provisions of the laws of the District, or act of Congress, prior to June 19, 1934, is hereby brought under all the provisions of this subdivision, except that its capital may continue in the amount named in its charter during the existing term thereof, unless it extends its business to other kinds of insurance, and it shall be entitled to all privileges granted by such charter not authorized by this law.
D.C. Code § 31-1337 — DC Code / Title 31 / Chapter 13 / § 31-1337
§ 31-1337. Disputed claims.
Status: in_force

(a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant, or his or her attorney, by first class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file his or her objections with the liquidator. If no filing is made, the claimant may not further object to the determination.
(b) Whenever objections are filed with the liquidator and the liquidator does not alter his or her denial of the claim as a result of the objections, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first class mail to the claimant, or his or her attorney, and to any other persons directly affected, not less than 10 nor more than 30 days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee who shall submit findings of fact along with his or her recommendation.
D.C. Code § 31-3303.14 — DC Code / Title 31 / Chapter 33 / § 31-3303.14
§ 31-3303.14. Applicability.
Status: in_force

Unless otherwise specifically provided in this chapter, the provisions of this subchapter shall apply to group health benefit plans issued or renewed after July 1, 1997.
D.C. Code § 31-2502.29 — DC Code / Title 31 / Chapter 25 / § 31-2502.29
§ 31-2502.29. Discriminations prohibited.
Status: in_force

Discrimination between individual risks of the same class or hazard in the amount of premiums or rates charged for any policy, or in the benefits or amount of insurance payable thereon, or in any of the terms or conditions of such policy, or in any other manner whatsoever, is prohibited, and the Commissioner is empowered after investigation to order removed at such time and in such manner as he shall specify any such discrimination which his investigation may reveal.
D.C. Code § 31-3523 — DC Code / Title 31 / Chapter 35 / § 31-3523
§ 31-3523. General transition provisions.
Status: in_force

(a) In his or her sole discretion, the Mayor may provide, upon application and for good cause shown by a corporation in existence and operating in the District of Columbia on April 9, 1997, for a reasonable period of time for such corporation to comply with any requirement of this chapter.
(b) Notwithstanding any provisions to the contrary in Chapter 7 of this title , or this chapter, a transaction ongoing as of April 9, 1997, which would otherwise be subject to the notice requirements of § 31-706(a) , shall be filed with the Mayor for approval no later than 90 days after April 9, 1997, only if the transaction involves more than 3% of the amount of admitted assets or more than 20% of the amount of surplus of the corporation as of the 31st day of the previous December, whichever amount is less. Failure of the Mayor to act within 60 days after such a filing shall constitute approval of the transaction. The Mayor shall not disapprove a transaction ongoing as of April 9, 1997, if the transaction was lawful when begun. Extension or renewal of a transaction ongoing as of April 9, 1997, shall be subject to the notice and other requirements of the Holding Company Systems Act of 1993, and shall not be renewed or extended except upon terms approved by the Mayor.
D.C. Code § 31-106.03 — DC Code / Title 31 / Chapter 1 / § 31-106.03
§ 31-106.03. Rules.
Status: in_force

Within 180 days of February 18, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , shall issue rules to implement of provisions of §§ 31-106.02 , 31-106.02a , 31-106.02b , 31-106.02c , 31-106.02d and 31-106.02e(a) .
D.C. Code § 31-3751 — DC Code / Title 31 / Chapter 37 / § 31-3751
§ 31-3751. Definitions.
Status: repealed

Repealed.
D.C. Code § 31-2502.03 — DC Code / Title 31 / Chapter 25 / § 31-2502.03
§ 31-2502.03. Certificate of authority to do business — Revocation or suspension.
Status: in_force

(a) The Commissioner shall have power to revoke or suspend the certificate of authority to transact business in the District of any company which has failed or refused to comply with any provision or requirement of this chapter, or which:
  (1) Is impaired in capital or surplus;
  (2) Is insolvent;
  (3) 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;
  (4) Has refused or neglected to pay a valid final judgment against such company within 30 days after such judgment shall have become final either by expiration without appeal within the time when such appeal might have been perfected, or by final affirmance on appeal;
  (5) Has violated any law of the District or has in the District violated its charter or exceeded its corporate powers;
  (6) Has refused to submit its books, papers, accounts, records, or affairs to the reasonable inspection or examination of the Commissioner, his deputies, or duly appointed examiners;
  (7) Has an officer who has refused upon reasonable demand to be examined under oath touching its affairs;
  (8) Fails to file with the Commissioner a copy of an amendment to its charter or articles of association within 30 days after the effective date of such amendment;
  (9) Has had its corporate existence dissolved or its certificate of authority revoked in the state in which it was organized;
  (10) Has had all its risks reinsured in their entirety in another company, without prior approval of the Commissioner;
  (11) Has made, issued, circulated, or caused to be issued or circulated any estimate, illustration, circular, or statement of any sort misrepresenting either its status or the terms of any policy issued or to be issued by it, or the benefits or advantages promised thereby, or the dividends or shares of the surplus to be received thereon, or has used any name or title of any policy or class of policies misrepresenting the true nature thereof;
  (12) Has filed, caused to be filed, or failed to prevent the filing of, a statement on its behalf from an independent organization attesting to its qualifications to transact business in the District for which it sought and received a certificate of authority if it knew, or should have known, that the statement was based on false, misleading, or incomplete information; or
  (13) Has filed, caused to be filed, or failed to prevent the filing of a statement on its behalf from a corporate officer attesting to its qualifications to transact business in the District for which it sought and received a certificate of authority if it knew, or should have known, that the statement was based on false, misleading, or incomplete information.
(b) The Commissioner shall not revoke or suspend the certificate of authority of any company until he has given the company not less than 30 days notice of the proposed revocation or suspension and of the grounds alleged therefor, and has afforded the company an opportunity for a full hearing; provided, that if the Commissioner shall find upon examination that the further transaction of business by the company would be hazardous to the public or to the policyholders or creditors of the company in the District, he may suspend such authority without giving notice as herein required; provided further, that in lieu of revoking or suspending the certificate of authority of any company for causes enumerated in this section after hearing as herein provided, the Commissioner may subject such company to a penalty of not more than $10,000 for any violation, or not more than $25,000 for intentional violations, when in his judgment he finds that public interest would be best served by the continued operation of the company. The amount of any such penalty shall be paid by the company through the office of the Commissioner to the Collector of Taxes, 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. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 31-5505 — DC Code / Title 31 / Chapter 55 / § 31-5505
§ 31-5505. Powers and duties of the Association.
Status: in_force

(a) The Association shall:
  (1) Be obligated to pay covered claims existing prior to the determination of the insolvency arising within 30 days after the determination of insolvency, or before the policy expiration date if less than 30 days after the determination of insolvency, or before the insured replaces the policy or causes its cancellation, if the insured does so within 30 days of the determination. The obligation shall extend to covered claims reported pursuant to an optional extended period to report claims sold to the insured by the liquidator. The obligation as to covered claims shall be satisfied by paying to the claimant an amount as follows:
    (A) The full amount of a covered claim for benefits under a workers’ compensation insurance coverage;
    (B) An amount not exceeding $10,000 per policy for a covered claim for the return of unearned premium; or
    (C) An amount not exceeding $300,000 per claimant for all other covered claims.
  In no event shall the Association be obligated to pay a claimant an amount in excess of the obligation of the insolvent insurer under the policy from which the claim arises. Notwithstanding any other provision of this chapter, a covered claim shall not include any claim filed with the Guaranty Fund after the earlier of the final date for the filing of claims against the liquidator or receiver of an insolvent insurer or 18 months after the order of liquidation. The Association shall pay only that amount of each unearned premium which is in excess of $100;
  (2) Be deemed the insurer to the extent of its obligation on the covered claims and to such extent shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent;
  (3) Allocate claims paid and expenses incurred among the 3 accounts separately, and assess member insurers, separately for each account, amounts necessary to pay the obligations of the Association under paragraph (1) of this subsection subsequent to an insolvency, the expenses of handling covered claims subsequent to an insolvency, and other expenses authorized by this chapter. The assessments of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the calendar year preceding the assessment on the kinds of insurance in the account bears to the net direct written premiums of all member insurers for the calendar year preceding the assessment on the kinds of insurance in the account. Each member insurer shall be notified of the assessment not later than 30 days before it is due. No member insurer may be assessed in any one year on any account an amount greater than 2% of that member insurer’s net direct written premiums for the calendar year preceding the assessment on the kinds of insurance in the account. If the maximum assessment, together with the other assets of the Association in any account, does not provide in any one year in any account an amount sufficient to make all necessary payments from that account, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available. The Association shall pay claims in any order which it deems reasonable, including the payment of claims as they are received from the claimants or in groups or categories of claims. The Association may exempt or defer, in whole or in part, the assessment of any member insurer, if the assessment would cause the member insurer’s financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance; provided, however, that during the period of deferment, no dividends shall be paid to shareholders or policyholders. Deferred assessments shall be paid when such a payment will not reduce capital or surplus below required minimums. These payments shall be refunded to those companies receiving larger assessments by virtue of such a deferment, or at the election of any company, credited against future assessments. Each member insurer may set off, against any assessment, authorized payments made on covered claims and expenses incurred in the payment of these claims by the member insurer if they are chargeable to the account for which the assessment is made;
  (4) Investigate claims brought against the Association and adjust, compromise, settle, and pay covered claims to the extent of the Association’s obligation and deny all other claims. The Association may review settlements, releases, and judgments to which the insolvent insurer or its insureds were parties to determine the extent to which the settlements, releases, and judgments may be properly contested;
  (5) Notify those persons the Mayor directs under § 31-5507(b)(1) ;
  (6) Handle claims through its employees or through 1 or more insurers or other persons designated as servicing facilities. Designation of a servicing facility is subject to the approval of the Mayor, but the designation may be declined by a member insurer; and
  (7) Reimburse each servicing facility for obligations of the Association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the Association and shall pay the other expenses of the Association authorized by this chapter.
(b) The Association may:
  (1) Employ or retain those persons necessary to handle claims and perform other duties of the Association;
  (2) Borrow funds necessary to effect the purposes of this chapter in accord with the plan of operation;
  (3) Sue or be sued;
  (4) Negotiate and become a party to those contracts necessary to carry out the purposes of this chapter;
  (5) Perform any other acts necessary or proper to effectuate the purposes of this chapter; and
  (6) Refund to the member insurers, in proportion to the contribution of each member insurer to that account, that amount by which the assets of the account exceed the liabilities, if at the end of any calendar year, the board of directors finds that the assets of the Association in any account exceed the liabilities of that account as estimated by the board of directors for the coming year.
D.C. Code § 31-6008 — DC Code / Title 31 / Chapter 60 / § 31-6008
§ 31-6008. Powers and duties of Mayor.
Status: repealed

Repealed.
D.C. Code § 31-3710 — DC Code / Title 31 / Chapter 37 / § 31-3710
§ 31-3710. Rules.
Status: in_force

(a) The Mayor shall issue proposed rules to implement the provisions of this subchapter within 180 days of October 1, 1992. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2 .
(b) The Mayor may issue emergency rules without prior Council approval, which shall be effective for not more than 120 days.
D.C. Code § 31-5031.21 — DC Code / Title 31 / Chapter 50A / § 31-5031.21
§ 31-5031.21. Penalties and liabilities.
Status: in_force

(a) If the Commissioner determines that the title insurer or any other person has violated this chapter, or any rule or order promulgated under this chapter, after notice and opportunity to be heard, the Commissioner may order:
  (1) A penalty not exceeding $2,500 for the 1st violation;
  (2) A penalty not exceeding $5,000 for each successive violation; and
  (3) Revocation or suspension of the title insurer’s license.
(b) This section shall affect the right of the Commissioner to impose any other penalties provided for in any acts relating to insurance which are codified in this title.
D.C. Code § 31-2602.28 — DC Code / Title 31 / Chapter 26 / § 31-2602.28
§ 31-2602.28. Violations of provisions.
Status: repealed

Repealed.
D.C. Code § 31-1371.06 — DC Code / Title 31 / Chapter 13A / § 31-1371.06
§ 31-1371.06. Loans to officers and directors.
Status: in_force

(a) Except as provided in subsection (b) of this section, an insurer shall not, without the prior written approval of the Commissioner, directly or indirectly:
  (1) Make a loan to or other investment in an officer or director of the insurer or a person in which the officer or director has any direct or indirect financial interest;
  (2) Make a guarantee for the benefit of or in favor of an officer or director of the insurer or a person in which the officer or director has any direct or indirect financial interest; or
  (3) Enter into an agreement for the purchase or sale of property from or to an officer to director of the insurer or a person in which the officer or director has any direct or indirect financial interest.
(b) (1) For purposes of this section, an officer or director shall not be deemed to have a financial interest by reason of:
    (A) An interest that is held directly or indirectly through the ownership of equity interests representing less than 2% of all outstanding equity interests issued by a person that is a party to the transaction; or
    (B) The individual’s position as a director or officer of a person that is a party to the transaction.
  (2) Paragraph (1) of this subsection shall not:
    (A) Permit an investment that is prohibited by § 31-1371.05 ; or
    (B) Apply to a transaction between an insurer and any of its subsidiaries or affiliates that is entered into in connection with § 31-701 , other than a transaction between an insurer and its officer or director.
(c) An insurer may make, without the prior written approval of the Commissioner:
  (1) Policy loans in accordance with the terms of the policy or contract and § 31-1372.11 ;
  (2) Advances to officers or directors for expenses reasonably expected to be incurred in the ordinary course of the insurer’s business or guarantees associated with credit or charge cards issued or credit extended for the purpose of financing these expenses;
  (3) Loans secured by the principal residence of an existing or new officer of the insurer made in connection with the officer’s relocation at the insurer’s request, if the loans comply with the requirements of § 31-1372.07 or § 31-1372.08 and the terms and conditions otherwise are the same as those generally available from unaffiliated third parties;
  (4) Secured loans to an existing or new officer of the insurer made in connection with the officer’s relocation at the insurer’s request, if the loans:
    (A) Do not have a term exceeding 2 years;
    (B) Are required to finance mortgage loans outstanding at the same time on the prior and new residences of the officer;
    (C) Do not exceed an amount equal to the equity of the officer in the prior residence; and
    (D) Are required to be fully repaid upon the earlier of the end of the 2-year period or the sale of the prior residence; or
  (5) Loans and advances to officers or directors made in compliance with state or federal law specifically related to the loans and advances by a regulated non-insurance subsidiary or affiliate of the insurer in the ordinary course of business and on terms no more favorable than available to other customers of the entity.
D.C. Code § 31-737 — DC Code / Title 31 / Chapter 7 / § 31-737
§ 31-737. Limitations of actions.
Status: in_force

Any action challenging the validity of or arising out of acts taken or proposed to be taken under this subchapter shall be commenced within 30 days after the date of the issuance of any order by the Commissioner pursuant to this subchapter. In any action challenging the validity of or arising out of acts taken or proposed to be taken under this subchapter, or charging that the directors of the mutual insurance holding company or any of its subsidiaries have acted improperly in connection with any aspect of the acts taken or proposed to be taken under this subchapter, the mutual insurance holding company or any of its subsidiaries in whose right such action is brought, or the defendant(s) shall be entitled at any state of the proceedings before final judgment to require the plaintiff(s) to give security for the reasonable expenses, including attorney fees, which may be incurred by the mutual insurance holding company or any of its subsidiaries or any other defendant(s) in connection with such action. Thereafter, the amount of such security, from time to time, may be increased or decreased in the discretion of the court having jurisdiction of such action upon a showing that the security provided has or may become inadequate or excessive.
D.C. Code § 31-3931.16 — DC Code / Title 31 / Chapter 39A / § 31-3931.16
§ 31-3931.16. Insolvency.
Status: in_force

(a) A captive insurer shall not join or contribute financially to any risk-sharing plan, risk pool, or insurance insolvency guaranty fund in the District. A captive insurer or its insured, its parent or an affiliated company, or any member organization of its association shall not receive any benefit from the plan, pool, or fund for claims arising out of the operations of the captive insurer.
(b) The terms and conditions set forth in Chapter 13 of this title [ § 31-1301 et seq.] (“1993 Act”), pertaining to insurer rehabilitation, insolvency, and receiverships shall apply in full to captive insurers licensed under this chapter and shall apply to the protected cells of a captive insurer on a cell basis. If there is a conflict between the provisions of this chapter and the 1993 Act, the provisions of this chapter shall prevail, including the provisions of § 31-3931.05 for liquidation and rehabilitation of protected cells.
D.C. Code § 31-2702 — DC Code / Title 31 / Chapter 27 / § 31-2702
§ 31-2702. Applicability of chapter.
Status: in_force

This chapter shall apply to all forms of fire, casualty, motor vehicle, explosion, sprinkler leakage, and inland marine insurance in the District and to all forms of insurance within the scope of Chapter 25 of this title ; provided, that this chapter shall not apply to reinsurance other than joint reinsurance to the extent provided in this chapter, and shall not apply to:
(1) Insurance of vessels or craft, their cargoes, marine builders’ risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies;
(2) Title insurance;
(3) Accident and health insurance;
(4) Insurance against loss of or damage to aircraft or to liability, other than workmen’s compensation and employers’ liability, arising out of the ownership, maintenance, or use of aircraft; and
(5) To insurance issued to self-insurers and insuring against loss in excess of at least $10,000 resulting from any 1 accident or event, except when rates therefor are made by a rating organization.
D.C. Code § 31-3821 — DC Code / Title 31 / Chapter 38A / § 31-3821
§ 31-3821. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Aggregate attachment point” means the total amount of health claims incurred by a small employer in a policy year for all covered employees and their dependents, and covered by a stop-loss insurance policy, above which the stop-loss insurer incurs a liability for payment under aggregate stop-loss coverage.
(2) “Attachment point” means the claims amount incurred by an insured group beyond which the insurer incurs a liability for payment.
(3) “Commissioner” means the Commissioner of the Department of Insurance, Securities and Banking.
(4) “Expected claims” means the total amount of claims that, in the absence of medical stop-loss insurance, are projected to be incurred by the insured using reasonable and accepted actuarial principles in a policy year.
(5) “Individual attachment point” means the amount of health claims incurred by a small employer in a policy year for an individual employee or dependent of an employee, and covered by a stop-loss insurance policy, above which the stop-loss insurer incurs a liability for payment, under individual stop-loss coverage.
(6) “Stop-loss insurance” means coverage that insures an employer or an employer-sponsored health plan against the risk that:
  (A) One claim will exceed a specific dollar amount; or
  (B) The entire loss of a self-insurance plan will exceed a specific dollar amount.
D.C. Code § 31-5041.02 — DC Code / Title 31 / Chapter 50B / § 31-5041.02
§ 31-5041.02. Licensing requirements.
Status: in_force

(a) A person shall not act in the capacity of a title insurance producer and a title insurer shall not contract with any person to act in the capacity of a title insurance producer with respect to risks located in the District unless the person is licensed as a title insurance producer in the District of Columbia in accordance with this chapter.
(b) (1) A title insurance producer licensed in the District shall:
    (A) Disclose on all recorded documents the name of the particular title insurer;
    (B) Exclude or eliminate the word “insurer” or “underwriter” or similar term from its agency’s name; and
    (C) Provide, in a timely fashion, each title insurer with which it places business any information the title insurer reasonably requests to comply with reporting requirements of the Commissioner.
  (2) A title insurance producer operating in the District of Columbia licensed in the District of Columbia on January 1, 2011, shall have 180 days after January 1, 2011, to comply with the requirements of this subsection.
(c) (1) The Commissioner shall require the title insurance producer to maintain the coverages listed in paragraph (1A) of this subsection for the benefit of the title insurer in amounts commensurate with the producer’s average exposure, under terms and conditions, and from insurers, acceptable to the Commissioner:
    (A) Repealed.
    (B) Repealed.
  (1A) At the time an application for an initial, renewal, or reinstatement of a title insurance producer license is filed, the applicant shall provide satisfactory evidence to the Commissioner of having secured the applicable proof of financial responsibility as herein provided:
    (A) Each business entity with a title insurance producer license is required to obtain an Errors and Omissions policy in an amount not less than $500,000 per occurrence or claim;
    (B) Each individual with a title insurance producer license is required to obtain Errors and Omissions coverage in an amount not less than $500,000 per occurrence or claim, either through the business entity through which the individual is employed or otherwise covered, or through an individually-issued policy;
    (C) Each business entity with a title insurance producer license is required to obtain a surety bond in an amount not less than $200,000 executed by the applicant as principal and by an insurance company as surety or obligor. The Bond shall run to the District of Columbia government as the obligee and benefit the District or any other aggrieved party, including consumer and title insurers;
    (D) Each individual with a title insurance producer license is required to obtain surety coverage in an amount not less than $200,000, either through a business entity where the individual is employed or otherwise covered, or through an individually issued bond;
    (E) Each business entity with a title insurance producer license is required to obtain a fidelity bond or similar insurance policy in an amount not less than $200,000 that covers all employees and contractors. A sole proprietor with no employees or a limited liability entity with no employees shall be exempt from this requirement.
  (2) The Commissioner may promulgate rules specifying acceptable alternatives to the preceding insurance requirements. The availability of closing or settlement protection shall not be an acceptable alternative to the requirements of this subsection.
(d) If the title insurance producer delegates the title search to a third party, such as an abstract company, the title insurance producer shall exercise the appropriate diligence, in good faith, to determine that the third party is covered by or maintains the errors and omissions coverage required by subsection (c) of this section.
(e) All funds collected pursuant to this section shall be deposited into the Securities and Banking Regulatory Trust Fund established by § 31-107(b-2) .
D.C. Code § 31-4121.04 — DC Code / Title 31 / Chapter 41A / § 31-4121.04
§ 31-4121.04. ORSA Summary Report.
Status: in_force

(a) Upon the Commissioner's request, and no more than once each year, an insurer shall submit to the Commissioner an ORSA Summary Report or any combination of reports applicable to the insurer or the insurance group of which it is a member that together contain the information described in the ORSA Guidance Manual ("reports").  If the insurer is a member of an insurance group, the insurer shall annually submit the reports required by this subsection to the lead state commissioner of the insurance group as determined by the procedures within the Financial Analysis Handbook adopted by the NAIC regardless of whether the Commissioner has made a request.
(b) The reports shall be signed by the insurer or insurance group's chief risk officer or other executive having responsibility for the oversight of the insurer's enterprise risk management process.  The executive shall attest that to the best of the executive's belief and knowledge the insurer has applied the enterprise risk management process described in the ORSA Summary Report and that a copy of the report has been provided to the insurer's board of directors or the appropriate committee of the board.
(c) An insurer may comply with subsection (a) of this section by providing the most recent and substantially similar report provided by the insurer or another member of an insurance group of which the insurer is a member to the commissioner of another state or to a supervisor or regulator of a foreign jurisdiction; provided, that the report provides information that is comparable to the information described in the ORSA Guidance Manual; provider further, that a report in a language other than English shall be accompanied by an English translation of the report.
D.C. Code § 31-3003 — DC Code / Title 31 / Chapter 30 / § 31-3003
§ 31-3003. Nondiscrimination.
Status: in_force

No health insurer shall:
(1) Require an insured to pay a higher deductible, copayment, or coinsurance;  require a longer waiting period; or impose any other condition for coverage of  any of the benefits set forth in this chapter other than is required for other  benefits covered by the insured’s health benefit plan;
(2) Refuse to issue a health benefit plan solely because an applicant may use  any of the benefits covered by this chapter;
(3) Cancel a health benefit plan solely because an insured has used any of  the benefits covered by this chapter;
(4) Offer to pay any type of material inducement or financial incentive to an  insured to discourage the insured from using any of the benefits covered by  this chapter; or
(5) Offer to pay any type of financial or other material incentive to a  health care provider to deny, reduce, withhold, limit, or delay to an insured  any of the benefits covered by this chapter.
D.C. Code § 31-902 — DC Code / Title 31 / Chapter 9 / § 31-902
§ 31-902. Adoption of the plan of conversion by the board of directors.
Status: in_force

(a) A mutual company seeking to convert to a stock company shall, by the affirmative vote of a majority of its board of directors, adopt a plan of conversion consistent with the requirements of § 31-906 .
(b) At any time before approval of a plan by the Commissioner, the mutual company, by the affirmative vote of a majority of its board of directors, may amend or withdraw the plan.
D.C. Code § 31-908 — DC Code / Title 31 / Chapter 9 / § 31-908
§ 31-908. Alternative plan of conversion.
Status: in_force

The board of directors may adopt a plan of conversion that does not rely in whole or in part upon the issuance to members of nontransferable subscription rights to purchase stock of the converted stock company if the Commissioner finds that the plan does not prejudice the interest of the members, is fair and equitable, and is based upon an independent appraisal of the market value of the mutual company by a qualified person and a fair and equitable allocation of any consideration to be given eligible members. The Commissioner may retain, at the mutual company’s expense, any qualified expert not otherwise a part of the Commissioner’s staff to assist in reviewing whether the plan may be approved by the Commissioner.
D.C. Code § 31-5103 — DC Code / Title 31 / Chapter 51 / § 31-5103
§ 31-5103. Forms authorized to be issued.
Status: in_force

Credit life insurance and credit accident and health insurance shall be issued only in the following forms:
(1) Individual policies of life insurance issued to debtors on the term plan;
(2) Individual policies of accident and health insurance issued to debtors on a term plan or disability provisions in individual life policies to provide such coverage;
(3) Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan; and
(4) Group policies of accident and health insurance issued to creditors on a term plan insuring debtors or disability provisions in group life policies to provide such coverage.
D.C. Code § 31-3171.17 — DC Code / Title 31 / Chapter 31D / § 31-3171.17
§ 31-3171.17. Rules.
Status: in_force

(a) The Authority, pursuant to subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], shall issue rules to implement the provisions of this chapter and as authorized by § 47-5109 .
(b) The Authority shall submit all proposed rules adopted by the Authority to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.
(c) Regulations promulgated under this section shall not conflict with or prevent the application of regulations promulgated by the Secretary under the Federal Act.
D.C. Code § 31-1403 — DC Code / Title 31 / Chapter 14 / § 31-1403
§ 31-1403. Conduct of examinations.
Status: in_force

(a) Upon determining that an examination should be conducted, the Mayor shall issue an examination warrant appointing one or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the Examiners’ Handbook adopted by the National Association of Insurance Commissioners. The Mayor may also employ any other guidelines or procedures the Mayor deems appropriate.
(b) Every company or person from whom information is sought, or its officers, directors, and agents, must provide to the examiners appointed under subsection (a) of this section, at all reasonable hours at its offices, convenient and free access to all books, records, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business, and affairs of the company being examined. The officers, directors, employees, and agents of the company or person must facilitate the examination and aid in the examination so far as it is in their power to do so. The refusal of any company, by its officers, directors, employees, or agents, to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension, revocation, or nonrenewal of any license or authority held by the company to engage in an insurance or other business subject to the insurance laws of the District. Any proceedings for suspension, revocation, or nonrenewal of any license or authority shall be conducted pursuant to §§ 31-4305 and 31-2502.03 .
(c) The Mayor, or any of his or her examiners, may issue subpoenas, administer oaths, and examine under oath any person as to any matter pertinent to the examination. Upon the failure or refusal of any person to obey a subpoena, the Mayor may petition a court of competent jurisdiction, and upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order shall be punishable as contempt of court.
(d) When making an examination under this chapter, the Mayor may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the cost of which shall be borne by the company which is the subject of the examination.
(e) Nothing contained in this chapter shall be construed to limit the Mayor’s authority to terminate, suspend, or complete any examination in order to pursue other legal or regulatory action pursuant to the insurance laws of the District. Findings of fact and conclusions of law made pursuant to any examination shall be prima facie evidence in any legal or regulatory action.
(f) Nothing contained in this chapter shall be construed to limit the Mayor’s authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company workpapers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the Mayor may, in his or her sole discretion, deem appropriate.
(g) (1) Any insurer, agent, or broker may cause its accounts, records, documents, and files described in subsection (b) of this section to be created, recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, optical disk, electronic imaging, electronic data processing, electronically transmitted facsimile, printout, or reproduction of electronically stored data or other process which accurately reproduces or forms a durable medium for the reproduction of an account, record, document, or file.
  (2) If the items so stored are not the original but accurately represent the original, the original may be destroyed unless held in a custodial or fiduciary capacity, but only if the data is easily accessible to the department in readable form and readable reproduced copies are obtainable.
  (3) A record so stored and accurately reproduced is admissible in evidence as the original in any judicial or administrative proceeding whether the original is in existence or not. The introduction of a reproduced record does not preclude admission of the original. This shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
D.C. Code § 31-2205 — DC Code / Title 31 / Chapter 22 / § 31-2205
§ 31-2205. Reporting requirements for U.S. Branches of non-U.S. insurers.
Status: in_force

(a) In addition to other requirements of this chapter, every authorized U.S. Branch shall, not later than the first day of March in each year and 45 days after the end of each of the first 3 calendar-year quarters, file the following with the Commissioner and with the National Association of Insurance Commissioners (“NAIC”):
  (1) Annual and quarterly statements of the business transacted within the United States and the assets held by or for it within the United States for the protection of policy holders and creditors within the United States, and of the liabilities incurred against such assets. The forms shall not contain any statement in regard to its assets and business elsewhere. The statements shall be in the same format required of an insurer domiciled in the United States Branch’s state of entry state and licensed to write the same kinds of insurance; and
  (2) A statement of trusteed surplus, in such form as the Commissioner may prescribe, as of the end of the same period covered by the statement filed pursuant to paragraph (1) of this subsection. The aggregate value of the insurer’s general state deposits and trusteed assets deposited with a trustee in compliance with § 31-2204 , plus accrued investment income thereon where such interest is collected by the states for trustees, less the aggregate net amount of all of its reserves and other liabilities in the United States as determined in accordance with this section, shall be known as its trusteed surplus in the United States. In determining the net amount of the U.S. Branch’s liabilities in the United States to be reported in the statement of trusteed surplus, the U.S. Branch shall make adjustments to total liabilities reported on the accompanying annual or quarterly statements as follows:
    (A) Add back liabilities used to offset admitted assets reported in the accompanying quarterly or annual statement; and
    (B) Deduct:
      (i) Unearned premiums on agent’s balances or uncollected premiums not more than 90 days past due;
      (ii) Reinsurance on losses with authorized insurers, less unpaid reinsurance premiums;
      (iii) Reinsurance recoverable on paid losses from unauthorized insurers that are included as an asset in the annual statement, but only to the extent a liability for such unauthorized recoverables is included in the liabilities report in the trusteed surplus statement;
      (iv) Special state deposits held for the exclusive benefit of policyholders, or policyholders and creditors, of any particular state not exceeding net liabilities reports for that state;
      (v) Secured accrued retrospective premiums;
      (vi) If a life insurer, the amount of its policy loans to policyholders within the United States, not exceeding the amount of legal reserve required on each such policy, and the net amount of uncollected and deferred premiums; and
      (vii) Any other nontrusteed asset which the Commissioner determines secures liabilities in a substantially similar manner; and
  (3) Any additional information that the Commissioner may require relating to the total business or assets, or any portion thereof, of the non-U.S. insurer.
(b) The annual statement and trusteed surplus statement shall be signed and verified by the United States manager, attorney-in-fact, or a duly empowered assistant United States manager of the U.S. Branch. The items of securities and other property held under trust deeds shall be certified in the trusteed surplus statement by the United States trustee or trustees.
(c) Every report on examination of a U.S. Branch shall include a trusteed surplus statement as of the date of examination in addition to the general statement of the financial condition of the U.S. Branch.
D.C. Code § 31-2502.38 — DC Code / Title 31 / Chapter 25 / § 31-2502.38
§ 31-2502.38. Exceptions to licensing provisions.
Status: in_force

The provisions of this chapter relating to the licensing of policy-writing agents, soliciting agents, salaried company employees, and brokers shall not apply to the sale of personal accident insurance in the ticket offices of railroad companies or other common carriers, or in the offices of travel bureaus, nor to the business of ocean marine insurance, nor to insurance covering the property of railroad companies and other common carriers engaged in interstate commerce.
D.C. Code § 31-2231.20 — DC Code / Title 31 / Chapter 22A / § 31-2231.20
§ 31-2231.20. Favored agent or insurer; coercion of debtors.
Status: in_force

(a) No person shall require, as a condition to the lending of money or extension of credit, or a renewal thereof, that the person to whom the money or credit is extended, or whose obligation a creditor is to acquire or finance, negotiate an insurance policy or renewal thereof through a particular insurer or group of insurers or agent, broker, or group of agents or brokers.
(b) No person who lends money or extends credit shall:
  (1) Solicit insurance for the protection of real property after a person indicates interest in securing a first mortgage credit extension until the person has received a commitment in writing from the lender as to a loan or credit extension;
  (2) Unreasonably reject an insurance policy provided by a borrower for the protection of property securing a credit or lien. A rejection shall not be unreasonable if it is based on reasonable standards and uniformly applied relating to the extent of coverage required and the financial soundness and the services of an insurer. The standards shall not discriminate against a particular type of insurer or reject a policy because it contains coverage in addition to that required in the credit transaction;
  (3) Require, directly or indirectly, that a debtor, borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge or consideration in connection with the handling of an insurance policy required as security for a loan on real estate or pay a separate charge or consideration of any kind for substituting the insurance policy of one insurer for that of another. This prohibition shall not include the interest which may be charged on premium loans or premium advancements in accordance with the terms of the security instrument;
  (4) Use or disclose, without the prior written consent of the borrower, mortgagor, or purchaser taken at a time other than the making of the loan or extension of credit, information relative to an insurance policy which is required by the credit transaction for the purpose of replacing the insurance; or
  (5) Require a procedure or condition of duly licensed agents, brokers, or insurers not customarily required of agents, brokers, or insurers affiliated, or in any way connected, with the person who lends money or extends credit.
(c) A person who lends money or extends credit and who solicits insurance on real and personal property shall explain to the borrower in writing that the insurance related to the credit extension may be purchased from an insurer or agent of the borrower’s choice, subject only to the lender’s right to reject a given insurer or agent as provided in subsection (b)(2) of this section. Compliance with disclosures as to insurance required by truth-in-lending laws or comparable state laws shall constitute compliance with this subsection.
(d) The Commissioner may examine and investigate those insurance-related activities of a person or insurer that the Commissioner believes may be in violation of this section. A affected person may submit to the Commissioner a complaint or material pertinent to the enforcement of this section.
(e) Nothing herein shall prevent a person who lends money or extends credit from placing insurance on real or personal property if the mortgagor, borrower, or purchaser has failed to provide required insurance in accordance with the terms of the loan or credit document.
(f) Nothing contained in this section shall apply to credit life or credit accident and health insurance.