reglab/housing_qa huggingface dataset:
DC Code § 31-5408 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 54 - Life and Health Insurance Guaranty Association|§ 31-5408. Duties and powers of the Mayor

(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.  (July 22, 1992, D.C. Law 9-129, § 9, 39 DCR 4036; July 23, 2014, D.C. Law 20-130, § 2(e), 61 DCR 5900.)  Prior Codifications 1981 Ed., § 35-1948. Effect of Amendments The 2014 amendment by D.C. Law 20-130 designated the existing language as (a); and added (b), (c), and (d).
DC Code § 31-5410 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 54 - Life and Health Insurance Guaranty Association|§ 31-5410. Credits for assessments paid

(a) A member insurer may offset against its premium taxes an assessment described in § 31-5406(h) to the extent of 10% of the amount of the assessment for each of the 10 calendar years following the year in which the assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against the premium taxes for the year it ceases doing business. (b) Any sums which are acquired by refund, pursuant to § 31-5406(f) from the Association by member insurers, and which theretofore have been offset against premium taxes as provided in subsection (a) of this section, shall be paid by member insurers to the District of Columbia in accordance with requirements of the District of Columbia Department of Finance and Revenue. The Association shall notify the Commissioner that the refunds have been made.  (July 22, 1992, D.C. Law 9-129, § 11, 39 DCR 4036; May 21, 1997, D.C. Law 11-268, § 10, 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 31(b), 45 DCR 745.)  Prior Codifications 1981 Ed., § 35-1950. Section References This section is referenced in § 31-205. Cross References Premium tax liability offsets, see § 31-205. References in Text Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
DC Code § 31-5412 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 54 - Life and Health Insurance Guaranty Association|§ 31-5412. Examination of the Association; annual report

(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.  (July 22, 1992, D.C. Law 9-129, § 13, 39 DCR 4036.)  Prior Codifications 1981 Ed., § 35-1952.
DC Code § 31-5413 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 54 - Life and Health Insurance Guaranty Association|§ 31-5413. Tax exemptions

The Association shall be exempt from payment of all fees and all taxes levied by the District of Columbia.  (July 22, 1992, D.C. Law 9-129, § 14, 39 DCR 4036.)  Prior Codifications 1981 Ed., § 35-1953.
DC Code § 31-5414 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 54 - Life and Health Insurance Guaranty Association|§ 31-5414. Immunity

(a) There shall be no liability on the part of, and no cause of action shall arise against, any member insurer or its agents or employees, the Association or its agents or employees, members of the Board of Directors, or the Mayor or the Mayor’s representatives, for any action or omission by them in performance of their powers and duties under this chapter, except in the case of willful misconduct, gross negligence, or criminal activity on the part of these persons. (b) The immunity established by subsection (a) of this section shall extend to the participation in any organization of 1 or more state associations of similar purposes and to any organization and its agents or employees.  (July 22, 1992, D.C. Law 9-129, § 15, 39 DCR 4036.)  Prior Codifications 1981 Ed., § 35-1954.
DC Code § 31-5415 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 54 - Life and Health Insurance Guaranty Association|§ 31-5415. Stay of proceedings; reopening default judgments

(a) All proceedings in which the insolvent insurer is a party in any court in the District of Columbia shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the Association on any matters germane to its powers or duties. (b) As to judgment under any decision, order, verdict, or finding based on default, the Association may apply to have the judgment set aside by the same court that made the judgment and shall be permitted to defend against the suit on the merits.  (July 22, 1992, D.C. Law 9-129, § 16, 39 DCR 4036; July 23, 2014, D.C. Law 20-130, § 2(h), 61 DCR 5900.)  Prior Codifications 1981 Ed., § 35-1955. Effect of Amendments The 2014 amendment by D.C. Law 20-130 substituted “180 days” for “60 days” in (a).
DC Code § 31-5502 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5502. Applicability

This chapter shall apply to all kinds of direct insurance, but shall not be applicable to the following: (1) Life, annuity, health, or disability insurance; (2) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks; (3) Fidelity or surety bonds, or any other bonding obligations; (4) Credit insurance, vendors’ single interest insurance, or collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction; (5) Insurance of warranties or service contracts; (6) Title insurance; (7) Ocean marine insurance; (8) Any transaction or combination of transactions between a person, including affiliates of such a person, and an insurer, including affiliates of such an insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; or (9) Any insurance provided by or guaranteed by government.  (Oct. 21, 1993, D.C. Law 10-51, § 3, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3902. Section References This section is referenced in § 31-5501.
DC Code § 31-5503 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5503. Creation of the Association

There is created a nonprofit unincorporated legal entity to be known as the District of Columbia Insurance Guaranty Association. All insurers defined as member insurers in § 31-5501(9) shall be and remain members of the Association as a condition of their authority to transact insurance in the District. The Association shall perform its functions under a plan of operation established and approved under § 31-5506 and shall exercise its powers through a board of directors established under § 31-5504. For purposes of administration and assessment, the Association shall be divided into 3 separate accounts: (1) The workmen’s compensation insurance account; (2) The automobile insurance account; and (3) The account for all other insurance to which this chapter applies.  (Oct. 21, 1993, D.C. Law 10-51, § 4, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3903. Section References This section is referenced in § 31-5501.
DC Code § 31-5504 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5504. Board of directors

(a) The board of directors of the Association shall consist of not fewer than 5 nor more than 9 persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the Mayor. Vacancies on the board shall be filled for the remainder of the term by a majority vote of the remaining board members subject to the approval of the Mayor. If no members are selected within 60 days after October 21, 1993, the Mayor may appoint the initial members of the board of directors. (b) In approving selections to the board of directors, the Mayor shall consider, among other things, whether all member insurers are fairly represented. (c) Members of the board of directors may be reimbursed from the assets of the Association for expenses incurred by them as members of the board of directors.  (Oct. 21, 1993, D.C. Law 10-51, § 5, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3904. Section References This section is referenced in § 31-5503 and § 31-5506.
DC Code § 31-5507 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5507. Powers and duties of the Mayor

(a) The Mayor shall: (1) Notify the Association of the existence of an insolvent insurer not later than 3 days after he or she receives notice of the determination of the insolvency. The Association shall be entitled to a copy of any complaint seeking an order of liquidation with a finding of insolvency against a member company at the same time that the complaint is filed with a court of competent jurisdiction; and (2) Upon request of the board of directors, provide the Association with a statement of the net direct written premiums of each member insurer. (b) The Mayor may: (1) Require that the Association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter. Notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation in the District shall be sufficient; (2) 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. As an alternative, the Mayor may levy a fine on any member insurer which fails to pay an assessment when due. Such a fine shall not exceed 5% of the unpaid assessment per month, except that no fine shall be less than $100 per month; or (3) Revoke the designation of any servicing facility if the Mayor finds claims are being handled unsatisfactorily. (c) Any final action or order of the Mayor under this chapter shall be subject to judicial review in accordance with § 2-510.  (Oct. 21, 1993, D.C. Law 10-51, § 8, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3907. Section References This section is referenced in § 31-5505.
DC Code § 31-5508 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5508. Effect of paid claims

(a) Any person recovering under this chapter shall be deemed to have assigned his or her rights under the policy to the Association to the extent of his or her recovery from the Association. Every insured or claimant seeking the protection of this chapter shall cooperate with the Association to the same extent as that person would have been required to cooperate with the insolvent insurer. The Association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out except those causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer and except as provided in subsection (b) of this section. In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the Association shall not operate to reduce the liability of the insureds to the receiver, liquidator, or statutory successor for unpaid assessments. (b) The Association shall have the right to recover from the following persons the amount of any covered claim paid on behalf of such a person pursuant to the chapter: (1) Any insured whose net worth on December 31st of the year next preceding the date the insurer becomes an insolvent insurer exceeds $50 million and whose liability obligations to other persons are satisfied in whole or in part by payments made under this chapter; and (2) Any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this chapter. (c) The receiver, liquidator, or statutory successor of an insolvent insurer shall be bound by settlements of covered claims by the Association or a similar organization in another jurisdiction. The court having jurisdiction shall grant these claims priority equal to that which the claimant would have been entitled in the absence of this chapter against the assets of the insolvent insurer. The expenses of the Association or similar organization in handling claims shall be accorded the same priority as the liquidator’s expenses. (d) The Association shall periodically file, with the receiver or liquidator of the insolvent insurer, statements of the covered claims paid by the Association and estimates of anticipated claims on the Association which shall preserve the rights of the Association against the assets of the insolvent insurer.  (Oct. 21, 1993, D.C. Law 10-51, § 9, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3908.
DC Code § 31-5509 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5509. Nonduplication of recovery

(a) Any person having a claim against an insurer under any provision in an insurance policy, other than a policy of an insolvent insurer which is also a covered claim, shall be required to exhaust first his or her right under such a policy. Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under such an insurance policy. (b) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the Association of the place of residence of the insured, except that if it is a first-party claim for damage to property with a permanent location, he or she shall seek recovery first from the Association of the location of the property, and if it is a workers’ compensation claim, he or she shall seek recovery first from the Association of the residence of the claimant. Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.  (Oct. 21, 1993, D.C. Law 10-51, § 10, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3909.
DC Code § 31-5510 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5510. Prevention of insolvencies

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.  (Oct. 21, 1993, D.C. Law 10-51, § 11, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3910.
DC Code § 31-5511 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5511. Examination of the Association

The Association shall be subject to examination and regulation by the Mayor. The board of directors shall submit, not later than March 30th of each year, a financial report for the preceding calendar year in a form approved by the Mayor.  (Oct. 21, 1993, D.C. Law 10-51, § 12, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3911.
DC Code § 31-5512 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5512. Tax exemption

The Association shall be exempt from payment of all fees and all taxes levied by the District, except taxes levied on real or personal property.  (Oct. 21, 1993, D.C. Law 10-51, § 13, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3912.
DC Code § 31-5513 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5513. Recognition of assessments in rates

The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the Association by the member insurer less any amounts returned to the member insurer by the Association, and these rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer.  (Oct. 21, 1993, D.C. Law 10-51, § 14, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3913.
DC Code § 31-5514 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5514. Immunity from liability

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.  (Oct. 21, 1993, D.C. Law 10-51, § 15, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3914.
DC Code § 31-5515 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 55 - Property and Liability Insurance Guaranty Association|§ 31-5515. Stay of proceedings; access to records

(a) All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in the District of Columbia shall be stayed for 6 months, and any additional time thereafter as may be determined by the court, from the date the insolvency is determined or an ancillary proceeding is instituted in the District, whichever is later, to permit proper defense by the Association of all pending causes of action. As to any covered claims arising from a judgment under any decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured, the Association, either on its own behalf or on behalf of the insured, may apply to have the judgment, order, decision, verdict, or finding set aside by the same court or administrator that made the judgment, order, decision, verdict, or finding and shall be permitted to defend the claim on the merits. (b) The liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board of directors or its authorized representative, to any of the insolvent insurer’s records which are necessary for the board of directors in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver, or statutory successor shall provide the board of directors, or its representative, with copies of the records upon the request by the board and at the expense of the board.  (Oct. 21, 1993, D.C. Law 10-51, § 16, 40 DCR 6120.)  Prior Codifications 1981 Ed., § 35-3915.
DC Code § 31-5701 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 57 - Fraternal Benefit Associations. [Repealed]|§ 31-5701. Definition; authorized benefits and funds; governing provisions [Repealed]

Repealed.  (Mar. 3, 1901, 31 Stat. 1310, ch. 854, § 749; Dec. 20, 1928, 45 Stat. 1055, ch. 40, § 1; Mar. 13, 1993, D.C. Law 9-181, § 2, 39 DCR 8081; Mar. 16, 1993, D.C. Law 9-193, § 2, 39 DCR 9009; Apr. 29, 1998, D.C. Law 12-86, § 1237(a), 45 DCR 1172.)  Prior Codifications 1981 Ed., § 35-1201. 1973 Ed., § 35-901.