reglab/housing_qa huggingface dataset:
DC Code § 31-1334 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1334. Proof of claim

(a) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (1) The particulars of the claim including the consideration given for it; (2) The identity and amount of the security on the claim; (3) The payments made on the debt, if any; (4) That the sum claimed is justly owing and that there is no setoff, counterclaim, or defense to the claim; (5) Any right of priority of payment or other specific right asserted by the claimants; (6) A copy of the written instrument which is the foundation of the claim; and (7) The name and address of the claimant and the attorney who represents him or her, if any. (b) No claim need be considered or allowed if it does not contain all the information in subsection (a) of this section which may be applicable. The liquidator may require that a prescribed form be used, and may require that other information and documents be included. (c) At any time the liquidator may request the claimant to present information or evidence supplementary to that required under subsection (a) of this section and may take testimony under oath, require production of affidavits or depositions, or otherwise obtain additional information or evidence. (d) No judgment or order against an insured or the insurer entered after the date of filing of a successful petition for liquidation, and no judgment or order against an insured or the insurer entered at any time by default or by collusion, need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within 4 months before the filing of the petition need be considered as evidence of liability or of the quantum of damages. (e) All claims of a guaranty association or foreign guaranty association shall be in the form and contain the substantiation agreed to by the association and the liquidator.  (Oct. 15, 1993, D.C. Law 10-35, § 35, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2834. Section References This section is referenced in § 31-1320, § 31-1333, and § 31-1354.
DC Code § 31-1335 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1335. Special claims

(a) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no contingency. (b) A claim may be allowed even if contingent, if it is filed in accordance with § 31-1333. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation. (c) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that the claims may be discounted at the legal rate of interest. (d) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under § 31-1311 or § 31-1316.  (Oct. 15, 1993, D.C. Law 10-35, § 36, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2835. Section References This section is referenced in § 31-1316.
DC Code § 31-1337 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1337. Disputed claims

(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.  (Oct. 15, 1993, D.C. Law 10-35, § 38, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2837. Section References This section is referenced in § 31-1341 and § 31-1354.
DC Code § 31-1338 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1338. Claims of surety

Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor’s name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor’s name, to the extent that he or she discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution, however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer’s estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term “other person”, as used in this section, is not intended to apply to a guaranty association or foreign guaranty association.  (Oct. 15, 1993, D.C. Law 10-35, § 39, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2838.
DC Code § 31-1339 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1339. Secured creditor’s claims

(a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct: (1) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to the creditors; or (2) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator. (b) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant shall surrender his or her security to the liquidator, the entire claim shall be allowed as if unsecured.  (Oct. 15, 1993, D.C. Law 10-35, § 40, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2839. Section References This section is referenced in § 31-1333 and § 31-1356.
DC Code § 31-1341 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1341. Liquidator’s recommendations to the court

(a) The liquidator shall review all claims duly filed in the liquidation and shall make any further investigation he or she deems necessary. He or she may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court, except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under § 31-1337. As soon as practicable, the liquidator shall present to the court a report of the claims against the insurer with his or her recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed. (b) The court may approve, disapprove, or modify the report on claims by the liquidator. The reports not modified by the court within a period of 60 days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject to later modification or to rulings made by the court pursuant to § 31-1337. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.  (Oct. 15, 1993, D.C. Law 10-35, § 42, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2841. Section References This section is referenced in § 31-1354.
DC Code § 31-1342 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1342. Distribution of assets

Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.  (Oct. 15, 1993, D.C. Law 10-35, § 43, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2842.
DC Code § 31-1343 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1343. Unclaimed and withheld funds

(a) All unclaimed funds subject to distribution remaining in the liquidator’s hands when he or she is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall be deposited with the District of Columbia, and shall be paid without interest, except in accordance with § 31-1340, to the person entitled thereto or his or her legal representative upon proof satisfactory to the District of Columbia Treasurer of his or her right thereto. Any amount on deposit and not claimed at the time of the discharge of the liquidator shall be distributed in accordance with Chapter 1 of Title 41. (b) All funds withheld under § 31-1336 and not distributed shall, upon discharge of the liquidator, be deposited with the District of Columbia Treasurer and paid by him or her in accordance with § 31-1340. Any sums remaining, which under § 31-1340 would revert to the undistributed assets of the insurer, shall be transferred to the District of Columbia Treasurer and become the property of the District under subsection (a) of this section, unless the Commissioner in his or her discretion petitions the court to reopen the liquidation under § 31-1345.  (Oct. 15, 1993, D.C. Law 10-35, § 44, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2843.
DC Code § 31-1344 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1344. Termination of proceedings

(a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute, deemed appropriate. (b) Any other person may apply to the court at any time for an order under subsection (a) of this section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney’s fee.  (Oct. 15, 1993, D.C. Law 10-35, § 45, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2844.
DC Code § 31-1345 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1345. Reopening liquidation

After the liquidation proceeding has been terminated and the liquidator discharged, the Commissioner or other interested party may at any time petition the Superior Court of the District of Columbia to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.  (Oct. 15, 1993, D.C. Law 10-35, § 46, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2845. Section References This section is referenced in § 31-1343.
DC Code § 31-1346 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1346. Disposition of records during and after termination of liquidation

Whenever it shall appear to the Commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he or she may recommend to the court, and the court shall direct, what records should be retained for future reference and what records should be destroyed.  (Oct. 15, 1993, D.C. Law 10-35, § 47, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2846.
DC Code § 31-1347 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1347. External audit of the receiver’s books

The Superior Court of the District of Columbia may, as it deems desirable, order audits to be made of the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.  (Oct. 15, 1993, D.C. Law 10-35, § 48, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2847.
DC Code § 31-1348 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1348. Conservation of property of foreign or alien insurers found in the District of Columbia

(a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the Superior Court of the District of Columbia by verified petition for an order directing him or her to act as conservator to conserve the property of an alien insurer not domiciled in the District, or a foreign insurer, on any one or more of the following grounds: (1) Any of the grounds in § 31-1310; (2) That any of its property has been sequestered by official action in its domiciliary state, or in any other state; (3) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent; or (4)(A) That its certificate of authority to do business in the District has been revoked or that none was ever issued; and (B) That there are residents of the District with outstanding claims or outstanding policies. (b) When an order is sought under subsection (a) of this section, the court shall cause the insurer to be given notice and time to respond reasonable under the circumstances. (c) The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with the Clerk of the Superior Court of the District of Columbia shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. (d) The conservator may at any time petition for, and the court may grant, an order under § 31-1349 to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under § 31-1351 to be appointed ancillary receiver. (e) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and control of its business. The court may also make such a finding and issue such an order at any time upon motion of any interested party, but, if the motion is denied, all costs shall be assessed against the interested party.  (Oct. 15, 1993, D.C. Law 10-35, § 49, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2848. Section References This section is referenced in § 31-1349 and § 31-1350.
DC Code § 31-1350 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1350. Domiciliary liquidators in other states

(a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under § 31-1351(c), be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents’ balances, and all of the books, accounts, and other records of the insurer located in the District. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He also shall have the right to recover all other assets of the insurer located in this state, subject to § 31-1351. (b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the Commissioner shall be vested by operation of law with the title to all of the property, contracts, and right of action, and all of the books, accounts and other records of the insurer located in the District, at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner may petition for a conservation or liquidation order under § 31-1348 or § 31-1349, or for an ancillary receivership under § 31-1351, or, after approval by the Superior Court of the District of Columbia, may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require. (c) Claimants residing in the District may file claims with the liquidator or ancillary receiver, if any, in the District or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.  (Oct. 15, 1993, D.C. Law 10-35, § 51, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2850. Section References This section is referenced in § 31-1301.
DC Code § 31-1351 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1351. Ancillary formal proceedings

(a) If a domiciliary liquidator has been appointed for an insurer not domiciled in the District, the Commissioner may file a petition with the Superior Court of the District of Columbia requesting appointment as ancillary receiver in the District: (1) If he or she finds that there are sufficient assets of the insurer located in the District to justify the appointment of an ancillary receiver; or (2) If the protection of creditors or policyholders in the District so requires. (b) The court may issue an order appointing an ancillary receiver in whatever terms it deems appropriate. The filing or recording of the order with the recorder of deeds in the District imparts the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds. (c) When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in the District may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in the District. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in the District, and shall pay the necessary expenses of the proceedings. He or she shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in the District. (d) When a domiciliary liquidator has been appointed in the District, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts, and other records in their respective states, corresponding rights, duties, and powers to those provided in subsection (c) of this section for ancillary receivers appointed in the District.  (Oct. 15, 1993, D.C. Law 10-35, § 52, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2851. Section References This section is referenced in § 31-1301, § 31-1348, § 31-1349, and § 31-1350.
DC Code § 31-1352 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1352. Ancillary summary proceedings

The Commissioner, in his or her sole discretion, may institute proceedings under §§ 31-1308 and 31-1309 at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in the District.  (Oct. 15, 1993, D.C. Law 10-35, § 53, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)  Prior Codifications 1981 Ed., § 35-2852.
DC Code § 31-1353 (2021)
2021 District of Columbia Code|Title 31 - Insurance and Securities|Chapter 13 - Insurers Rehabilitation and Liquidation Procedures|§ 31-1353. Claims of nonresidents against insurers domiciled in the District of Columbia

(a) In a liquidation proceeding begun in the District against an insurer domiciled in the District, claimants residing in foreign countries or in states not reciprocal states must file claims in the District, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding. (b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in the District as provided in this chapter, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of the District as provided in § 31-1354(b) with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and priority against special deposits or other security located in ancillary states, but shall not be conclusive with respect to priorities against general assets under § 31-1340.  (Oct. 15, 1993, D.C. Law 10-35, § 54, 40 DCR 5773.)  Prior Codifications 1981 Ed., § 35-2853. Section References This section is referenced in § 31-1301.