reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 6B - Electronic Delivery and Posting of Insurance Documents › § 31–651.01. Definitions

§ 31–651.01. Definitions.
For the purposes of this chapter, the term:
(1) “Delivered by electronic means” means delivery to an electronic mail address at which a party has consented to receive notices or documents or the posting on an electronic network or site accessible via the Internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice of the posting, which shall be provided by electronic mail to the address at which the party has consented to receive notice or by any other delivery method that has been consented to by the party.
(2) “Insurance document” means any notice or document required in an insurance transaction or that is evidence of insurance coverage.
(3) “Party” means a recipient of an insurance document, including an applicant, an insured, a policyholder, or an annuity contract holder.
(Mar. 10, 2015, D.C. Law 20-201, § 2, 61 DCR 12565.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 6B - Electronic Delivery and Posting of Insurance Documents › § 31–651.03. Posting of policies on the Internet

§ 31–651.03. Posting of policies on the Internet.
Notwithstanding any provision of § 31-651.02, standard property and casualty insurance policies and endorsements that do not contain personally identifiable information may be mailed, delivered, or posted on the insurer’s website. If the insurer elects to post insurance policies and endorsements on its website in lieu of mailing or delivering them to the insured, the insurer shall:
(1) Ensure that the policy and endorsements are accessible and remain that way for as long as the policy is in force;
(2) After the expiration of the policy, archive its expired policies and endorsements for a period of 5 years and make them available upon request;
(3) Post the policies and endorsements in a manner that enables an insured to print and save the policy and endorsements using programs or application that are widely available on the Internet and free to use;
(4) Provide the following information in, or simultaneous with, each declaration page provided at the time of issuance of the initial policy and any renewals of that policy:
(A) A description of the exact policy and endorsement forms purchased by the insured;
(B) A method by which the insured may obtain, upon request and without charge, a paper copy of their policy; and
(C) The Internet address where the policy and endorsements are posted; and
(5) Provide notice, in the format preferred by the insured, of any changes to the forms or endorsements, the insured’s right to obtain, upon request and without charge, a paper copy of the forms or endorsements, and the Internet address where the forms or endorsements are posted.
(Mar. 10, 2015, D.C. Law 20-201, § 4, 61 DCR 12565.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter I - Holding Company System › § 31–707.01. Supervisory Colleges

§ 31–707.01. Supervisory Colleges.
(a) With respect to any insurer registered under § 31-705, and in accordance with subsection (c) of this section, the Mayor shall have the power to participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine compliance by the insurer with this subchapter. The powers of the Mayor with respect to supervisory colleges shall include the following:
(1) Initiating the establishment of a supervisory college;
(2) Clarifying the membership and participation of other supervisors in the supervisory college;
(3) Clarifying the functions of the supervisory college and the role of other regulators, including the establishment of a group-wide supervisor;
(4) Coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities, and processes for information sharing; and
(5) Establishing a crisis management plan.
(b) Each registered insurer subject to this section shall be liable for and shall pay the reasonable expenses of the Mayor’s participation in a supervisory college in accordance with subsection (c) of this section, including reasonable travel expenses. For the purposes of this section, a supervisory college may be convened as either a temporary or permanent forum for communication and cooperation between the regulators charged with the supervision of the insurer or its affiliates, and the Mayor may establish a regular assessment to the insurer for the payment of these expenses.
(c) To assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management, and governance processes, and as part of the examination of individual insurers, in accordance with § 31-707, the Mayor may participate in a supervisory college with other regulators charged with supervision of the insurer or its affiliates, including other state, federal, and international regulatory agencies. The Mayor may enter into agreements in accordance with § 31-708(c) providing the basis for cooperation between the Mayor and the other regulatory agencies, and the activities of the supervisory college.
(d) Nothing in this section shall delegate to the supervisory college the authority of the Mayor to regulate or supervise the insurer or its affiliates within its jurisdiction.
(Oct. 21, 1993, D.C. Law 10-44, § 8a; as added Mar. 11, 2015, D.C. Law 20-235, § 2(g), 62 DCR 461.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter I - Holding Company System › § 31–708.01. Rules

§ 31–708.01. Rules.
The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], issue rules to implement the provisions of this subchapter.
(Oct. 21, 1993, D.C. Law 10-44, § 10, 40 DCR 6027.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter I - Holding Company System › § 31–711. Receivership

§ 31–711. Receivership.
Whenever it appears to the Mayor that any person has committed a violation of this subchapter which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders, or the public, the Commissioner may proceed as provided under the insurance laws of the District to take possession of the property of such a domestic insurer and to conduct its business, or take any other actions as the Mayor, at the Mayor’s discretion, deems appropriate.
(Oct. 21, 1993, D.C. Law 10-44, § 13, 40 DCR 6027; May 21, 1997, D.C. Law 11-268, § 10(gg)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-3711.
Section References
This section is referenced in § 31-704.
Editor's Notes
Because of the codification of D.C. Law 11-159 as subchapter II of Chapter 37 of Title 35 [subchapter II of Chapter 7 of Title 31, 2001 Ed.], and the designation of the preexisting text as subchapter I, “subchapter” has been substituted for “chapter” in this section.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter I - Holding Company System › § 31–712. Recovery

§ 31–712. Recovery.
(a) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under the order shall have a right to recover on behalf of the insurer, (i) from any parent corporation or holding company or person or affiliate who otherwise controlled the insurer, the amount of distributions (other than distributions of shares of the same class of stock) paid by the insurer on its capital stock, or (ii) any payment in the form of a bonus, termination settlement, or extraordinary lump sum salary adjustment made by the insurer or its subsidiary to a director, officer, or employee, where the distribution or payment pursuant to clause (i) or (ii) of this subsection is made at any time during the 1 year preceding the petition for liquidation, conservation, or rehabilitation, as the case may be, subject to the limitations of subsections (b), (c), and (d) of this section.
(b) No distribution shall be recoverable if the parent or affiliate shows that when paid the distribution was lawful and reasonable, and that the insurer did not know, and could not reasonably have known, that the distribution might adversely affect the ability of the insurer to fulfill its contractual obligations.
(c)(1) Any person that was a parent corporation, holding company, or a person who otherwise controlled the insurer or affiliate at the time the distributions were paid shall be liable, under subsection (a) of this section, up to the amount of distributions or payments such a person received.
(2) Any person that otherwise controlled the insurer at the time the distributions were declared shall be liable up to the amount of distributions the person would have received if they had been paid immediately.
(3) If 2 or more persons are liable with respect to the same distributions, they shall be jointly and severally liable.
(d) The maximum amount recoverable under this section shall be the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse any guaranty funds.
(e) To the extent that any person liable under subsection (c) of this section is insolvent or otherwise fails to pay claims due from it, its parent corporation, holding company, or person who otherwise controlled it at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the parent corporation, holding company, or person who otherwise controlled it.
(Oct. 21, 1993, D.C. Law 10-44, § 14, 40 DCR 6027; July 25, 1995, D.C. Law 11-30, § 8, 42 DCR 1547.)
Prior Codifications
1981 Ed., § 35-3712.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter I - Holding Company System › § 31–713. Revocation, suspension, or nonrenewal of insurer’s license

§ 31–713. Revocation, suspension, or nonrenewal of insurer’s license.
Whenever it appears to the Mayor that any person has committed a violation of this subchapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the Mayor may, after giving notice and an opportunity to be heard, suspend, revoke, or refuse to renew the insurer’s license or authority to do business in the District for such a period as the Mayor finds is required for the protection of policyholders or the public. Any determination shall be accompanied by specific findings of fact and conclusions of law.
(Oct. 21, 1993, D.C. Law 10-44, § 15, 40 DCR 6027.)
Prior Codifications
1981 Ed., § 35-3713.
Editor's Notes
Because of the codification of D.C. Law 11-159 as subchapter II of Chapter 37 of Title 35 [subchapter II of Chapter 7 of Title 31, 2001 Ed.], and the designation of the preexisting text as subchapter I, “subchapter” has been substituted for “chapter” in this section.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter I - Holding Company System › § 31–714. Judicial review; mandamus

§ 31–714. Judicial review; mandamus.
(a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Mayor pursuant to this subchapter may appeal to the District of Columbia Court of Appeals, in accordance with § 2-510.
(b) The filing of an appeal pursuant to this section shall not stay the application of any such rule, regulation, order, or other action of the Mayor to the appealing party unless the court, after giving the appealing party notice and an opportunity to be heard, determines that failure to grant such a stay would be detrimental to the interest of policyholders, shareholders, creditors, or the public.
(c) Any person aggrieved by any failure of the Mayor to act or make a determination required by this subchapter may petition the Superior Court of the District of Columbia for a writ in the nature of a mandamus or a peremptory mandamus directing the Mayor to act or make such determination forthwith.
(Oct. 21, 1993, D.C. Law 10-44, § 16, 40 DCR 6027.)
Prior Codifications
1981 Ed., § 35-3714.
Editor's Notes
Because of the codification of D.C. Law 11-159 as subchapter II of Chapter 37 of Title 35 [subchapter II of Chapter 7 of Title 31, 2001 Ed.[, and the designation of the preexisting text as subchapter I, “subchapter” has been substituted for “chapter” in (a) and (c).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter II - Mutual Holding Companies › § 31–732. Merger of policyholder membership interests

§ 31–732. Merger of policyholder membership interests.
(a) A domestic mutual insurance company, upon the approval of the Commissioner, may reorganize by merging its policyholders’ membership interests into a mutual insurance holding company formed pursuant to this section and continuing the corporate existence of the reorganizing insurance company as a stock insurance company or as a stock insurance company subsidiary to an intermediate holding company which is a subsidiary to the mutual insurance holding company.
(b) The Commissioner, after a public hearing as provided in § 31-703(g)(1), if satisfied that the interests of the policyholders are properly protected and that the merger is fair and equitable to the policyholders, shall approve the proposed merger and may require as a condition of approval such modifications of the proposed merger as the Commissioner finds necessary for the protection of the policyholders’ interests. The Commissioner may retain consultants as provided in § 31-703(g)(3). A merger pursuant to this section is subject to § 31-703(a), (b), and (c). The Commissioner shall retain jurisdiction over the mutual insurance holding company organized pursuant to this section to assure that policyholder interests are protected.
(c) All of the initial shares of the capital stock of the reorganized insurance company shall be issued to the mutual insurance holding company. The membership interests of the policyholders of the reorganized insurance company shall become membership interests in the mutual insurance holding company. Policyholders of the reorganized insurance company shall be members of the mutual insurance holding company in accordance with the articles of incorporation and bylaws of the mutual insurance holding company. The mutual insurance holding company shall at all times own a majority of the voting shares of the capital stock of the reorganized insurance company. A merger of policyholders’ membership interests in a mutual insurance company into a mutual insurance holding company shall be deemed to be a merger of insurance companies pursuant to § 31-703 and § 31-703 is also applicable.
(Sept. 20, 1996, D.C. Law 11-159, § 3, 43 DCR 3714; Mar. 24, 1998, D.C. Law 12-81, § 41(b), 45 DCR 745.)
Prior Codifications
1981 Ed., § 35-3722.
Section References
This section is referenced in § 31-734 and § 31-735.
Emergency Legislation
See notes to § 35-3721.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter II - Mutual Holding Companies › § 31–734. Insurers rehabilitation and liquidation

§ 31–734. Insurers rehabilitation and liquidation.
(a) A mutual insurance holding company is deemed to be an insurer subject to Chapter 13 of this title, and shall automatically be a party to any proceeding under Chapter 13 of this title involving an insurance company, which as a result of a reorganization pursuant to § 31-731 or § 31-732 is a subsidiary of the mutual insurance holding company. In any proceeding under Chapter 13 of this title involving the reorganized insurance company, the assets of the mutual insurance holding company are deemed to be assets of the estate of the reorganized insurance company for purposes of satisfying the claims of the reorganized insurance company’s policyholders.
(b) A mutual insurance holding company shall not dissolve or liquidate without the approval of the Commissioner or as ordered by the District Court pursuant to Chapter 13 of this title.
(Sept. 20, 1996, D.C. Law 11-159, § 5, 43 DCR 3714; Mar. 24, 1998, D.C. Law 12-81, § 41(d), 45 DCR 745.)
Prior Codifications
1981 Ed., § 35-3724.
Emergency Legislation
See notes to § 35-3721.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter II - Mutual Holding Companies › § 31–736. Failure to give notice

§ 31–736. Failure to give notice.
If the mutual company complies substantially and in good faith with the notice requirements of this subchapter, the mutual company’s failure to give any member or members any required notice does not impair the validity of any action taken under this subchapter.
(Sept. 20, 1996, D.C. Law 11-159, § 7, 43 DCR 3714.)
Prior Codifications
1981 Ed., § 35-3726.
Emergency Legislation
See notes to § 35-3721.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter II - Mutual Holding Companies › § 31–737. Limitations of actions

§ 31–737. Limitations of actions.
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.
(Sept. 20, 1996, D.C. Law 11-159, § 8, 43 DCR 3714; Apr. 9, 1997, D.C. Law 11-202, § 4, 43 DCR 6054; Mar. 26, 1999, D.C. Law 12-188, § 2(d), 45 DCR 7807.)
Prior Codifications
1981 Ed., § 35-3727.
Emergency Legislation
See notes to § 35-3721.
For temporary amendment of § 8 of the Mutual Holding Company Act of 1996 (D.C. Act 11-290) to conform with this section, see § 11 of the Mutual Holding Company Congressional Review Emergency Act of 1996 (D.C. Act 11-368, August 21, 1996, 43 DCR 4633).
For temporary amendment of section, see § 2 of the Mutual Holding Company Congressional Adjournment Emergency Amendment Act of 1996 (D.C. Act 11-449, December 10, 1996, 43 DCR 6866), and § 2 of the Mutual Holding Company Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-6, March 3, 1997, 44 DCR 1619).
For temporary amendment of section, see § 2(d) of the Mutual Holding Company Mergers and Acquisition Emergency Amendment Act of 1998 (D.C. Act 12-295, March 4, 1998, 45 DCR 1764), § 2(d) of the Mutual Holding Company Mergers and Acquisition Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-364, June 5, 1998, 45 DCR 3877), and § 2(d) of the Mutual Holding Company Mergers and Acquisition Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-550, December 18, 1998, 46 DCR 512).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(d) of the Mutual Holding Company Mergers and Acquisition Temporary Amendment Act of 1998 (D.C. Law 12-119, June 11, 1998, law notification 45 DCR 4036).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter II - Mutual Holding Companies › § 31–738. Rulemaking

§ 31–738. Rulemaking.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules and regulations to implement the provisions of this subchapter.
(Sept. 20, 1996, D.C. Law 11-159, § 9, 43 DCR 3714.)
Prior Codifications
1981 Ed., § 35-3728.
Emergency Legislation
See notes to § 35-3721.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–751. Definitions

§ 31–751. Definitions.
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.
(May 12, 1998, D.C. Law 12-112, § 2, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3741.
Emergency Legislation
For temporary addition of this subchapter, comprised of §§ 35-3741 through 35-3750 1981 Ed. see §§ 2-11 of the Reciprocal Insurance Company Conversion Emergency Amendment Act of 1998 (D.C. Act 12-298, March 4, 1998, 45 DCR 1775).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–752. Formation of a mutual insurance holding company from a reciprocal insurance company

§ 31–752. Formation of a mutual insurance holding company from a reciprocal insurance company.
(a) Upon approval of the Commissioner, a domestic reciprocal insurance company may form a mutual insurance holding company that directly or indirectly owns the insurance company, based upon a conversion plan. The reorganized insurance company shall continue, without interruption, its existence as a stock insurance company subsidiary of the mutual insurance holding company or as a stock insurance company subsidiary to an intermediate holding company which is a subsidiary of the mutual insurance holding company.
(b) The Commissioner, after a public hearing as provided in § 31-703(g)(1), if satisfied that the interests of the policyholders are properly protected and that the conversion plan is fair and equitable to the policyholders, shall approve the proposed conversion plan and may require as a condition of approval such modifications of the proposed conversion plan as the Commissioner finds necessary for the protection of the policyholders’ interests. The Commissioner may retain consultants as provided in § 31-703(g)(3). A conversion pursuant to this section shall be subject to § 31-703(a), (b), and (c). The Commissioner shall retain jurisdiction over a mutual insurance holding company organized pursuant to this section to assure that policyholder interests are protected.
(c) All of the initial shares of the capital stock of the reorganized insurance company shall be issued to the mutual insurance holding company. The membership interests of the policyholders of the reorganized insurance company shall become membership interests in the mutual insurance holding company.
(d) Policyholders of the reorganized insurance company shall be members of the mutual insurance holding company in accordance with the articles of incorporation and bylaws of the mutual insurance holding company. The mutual insurance holding company shall at all times own a majority of the voting shares of the capital stock of the reorganized insurance company.
(May 12, 1998, D.C. Law 12-112, § 3, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3742.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–753. Merger of policyholder membership interests

§ 31–753. Merger of policyholder membership interests.
(a) Upon approval of the Commissioner, a domestic or foreign reciprocal or mutual insurance company may merge its policyholders’ membership interests into a mutual insurance holding company formed pursuant to this section and continue, without interruption, the existence of the insurance company as a stock insurance company subsidiary of the mutual insurance holding company or as a stock insurance company subsidiary of an intermediate holding company which is a subsidiary of the mutual insurance holding company.
(b) The Commissioner, after a public hearing as provided in § 31-703(g)(1), if satisfied that the interests of the policyholders are properly protected and that the merger is fair and equitable to the policyholders, shall approve the proposed merger and may require as a condition of approval such modifications of the proposed merger as the Commissioner finds necessary for the protection of the policyholders’ interests. The Commissioner may retain consultants as provided in § 31-703(g)(3). A merger pursuant to this section shall be subject to § 31-703(a), (b), and (c). The Commissioner shall retain jurisdiction over the mutual insurance holding company organized pursuant to this section to assure that policyholder interests are protected.
(c) All of the initial shares of the capital stock of the reorganized insurance company shall be issued to the mutual insurance holding company. The membership interests of the policyholders of the reorganized insurance company shall become membership interests in the mutual insurance holding company.
(d) Policyholders of the reorganized insurance company shall be members of the mutual insurance holding company in accordance with the articles of incorporation and bylaws of the mutual insurance holding company. The mutual insurance holding company shall at all times directly or indirectly own a majority of the voting shares of the capital stock of the reorganized insurance company. A merger of policyholders’ membership interests in a reciprocal or mutual insurance company into a mutual insurance holding company shall be deemed to be a merger of insurance companies pursuant to § 31-703 which shall be applicable.
(May 12, 1998, D.C. Law 12-112, § 4, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3743.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–754. Incorporation of holding company

§ 31–754. Incorporation of holding company.
A mutual insurance holding company resulting from a conversion of a domestic reciprocal insurance company shall be incorporated pursuant to Chapter 3 of Title 29 and shall be subject to Chapters 1, 2, and 3 of Title 29 to the extent that those provisions are not in conflict with this subchapter. The articles of incorporation and any amendments to such articles of incorporation of the mutual insurance holding company shall be subject to approval of the Commissioner and Corporation Counsel of the District in the same manner as those of an insurance company.
(May 12, 1998, D.C. Law 12-112, § 5, 45 DCR 1792; July 2, 2011, D.C. Law 18-378, § 3(u), 58 DCR 1720.)
Prior Codifications
1981 Ed., § 35-3744.
Effect of Amendments
D.C. Law 18-378 substituted “Chapter 3 of Title 29 and shall be subject to Chapters 1, 2, and 3 of Title 29” for “Chapter 1 of Title 29 (’Business Corporation Act’), and shall be subject to the provisions of the Business Corporation Act”.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–755. Insurers rehabilitation and liquidation

§ 31–755. Insurers rehabilitation and liquidation.
(a) A mutual insurance holding company shall be deemed to be an insurer subject to Chapter 13 of this title (“Insurers Rehabilitation and Liquidation Act”), and shall automatically be a party to any proceeding under the Insurers Rehabilitation and Liquidation Act involving an insurance company, which as a result of a conversion or merger pursuant to § 31-702 or § 31-703 is directly or indirectly a subsidiary of the mutual insurance holding company. In any proceeding under the Insurers Rehabilitation and Liquidation Act involving the converted or merged insurance company, the assets of the mutual insurance holding company shall be deemed to be assets of the estate of the converted or merged insurance company for purposes of satisfying the claims of the converted or merged insurance company’s policyholders.
(b) A mutual insurance holding company shall not dissolve or liquidate without the approval of the Commissioner or as ordered by a District of Columbia court pursuant to the Insurers Rehabilitation and Liquidation Act.
(May 12, 1998, D.C. Law 12-112, § 6, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3745.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–756. Applicability; membership interest; powers

§ 31–756. Applicability; membership interest; powers.
(a) A membership interest in a mutual insurance holding company shall not constitute an equity security as defined in § 31-603.
(b) A mutual insurance holding company created under this subchapter shall have the same powers to borrow or assume liability as a reciprocal insurance company organized under District law.
(May 12, 1998, D.C. Law 12-112, § 7, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3746.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–757. Failure to give notice

§ 31–757. Failure to give notice.
If the reciprocal insurance company complies substantially and in good faith with the notice requirements of this subchapter, the reciprocal insurance company’s failure to give any member or members any required notice shall not impair the validity of any action taken under this subchapter.
(May 12, 1998, D.C. Law 12-112, § 8, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3747.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–758. Limitations of actions

§ 31–758. Limitations of actions.
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 effective date of any plan submitted for approval pursuant to this subchapter.
(May 12, 1998, D.C. Law 12-112, § 9, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3748.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–759. Conversion of mutual insurance holding company

§ 31–759. Conversion of mutual insurance holding company.
Chapter 9 of this title shall be applicable to the conversion of a mutual insurance holding company formed under this subchapter to a stock company as if the mutual insurance holding company were a mutual insurance company.
(May 12, 1998, D.C. Law 12-112, § 10, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3749.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 7 - Holding Companies › Subchapter III - Reciprocal Insurance Company Conversion › § 31–760. Rulemaking

§ 31–760. Rulemaking.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 may issue rules and regulations to implement the provisions of this subchapter.
(May 12, 1998, D.C. Law 12-112, § 11, 45 DCR 1792.)
Prior Codifications
1981 Ed., § 35-3750.
Emergency Legislation
See Historical and Statutory Notes following § 31-751.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–801. Definitions. [Repealed]

§ 31–801. Definitions. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 2, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1321.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–802. Duties of agents and brokers. [Repealed]

§ 31–802. Duties of agents and brokers. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 3, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1322.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–803. General license requirements. [Repealed]

§ 31–803. General license requirements. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 4, 44 DCR 140; Oct. 21, 2000, D.C. Law 13-188, § 2(a), 47 DCR 7075; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1323.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–804. Licensing procedure. [Repealed]

§ 31–804. Licensing procedure. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 5, 44 DCR 140; Oct. 21, 2000, D.C. Law 13-188, § 2(b), 47 DCR 7075; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1324.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–805. Exemption from examination and prelicensing education requirements. [Repealed]

§ 31–805. Exemption from examination and prelicensing education requirements. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 6, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1325.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–806. License denial, nonrenewal, or termination. [Repealed]

§ 31–806. License denial, nonrenewal, or termination. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 7, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1326.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–807. License continuation; expiration. [Repealed]

§ 31–807. License continuation; expiration. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 8, 44 DCR 140; Oct. 21, 2000, D.C. Law 13-188, § 2(c), 47 DCR 7075; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1327.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–808. Hearings. [Repealed]

§ 31–808. Hearings. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 9, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1328.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–809. Surrender of license; loss or destruction of license. [Repealed]

§ 31–809. Surrender of license; loss or destruction of license. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 10, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1329.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–810. Termination reports. [Repealed]

§ 31–810. Termination reports. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 11, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1330.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–811. Representatives of fraternal benefit societies. [Repealed]

§ 31–811. Representatives of fraternal benefit societies. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 12, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1331.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–812. Countersignature and related laws. [Repealed]

§ 31–812. Countersignature and related laws. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 13, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1332.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–813. Temporary licensing. [Repealed]

§ 31–813. Temporary licensing. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 14, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1333.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8 - Insurance Agents and Brokers Licensing. [Repealed] › § 31–814. Rules and regulations. [Repealed]

§ 31–814. Rules and regulations. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-227, § 15, 44 DCR 140; Mar. 27, 2003, D.C. Law 14-264, § 20, 50 DCR 260.)
Prior Codifications
1981 Ed., § 35-1334.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8A - Insurance Compliance Self-Evaluation Privilege › § 31–851. Definitions

§ 31–851. Definitions.
For the purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of Insurance and Securities Regulation [Commissioner of the Department of Insurance, Securities, and Banking].
(2) “Company” means all insurance companies or carriers that are licensed in the District and subject to the regulatory authority of the Commissioner.
(3) “District” means the District of Columbia.
(4) “Insurance compliance audit” means a voluntary internal evaluation, review, assessment, or audit by a company not otherwise expressly required by law. An insurance compliance audit may be conducted by the company, its employees, or by independent contractors.
(5)(A) “Insurance compliance self-evaluative audit document” means a document prepared as a result of or in connection with, and not prior to, an insurance compliance audit. An insurance compliance self-evaluation audit document may include:
(i) A written response to the findings of an insurance compliance audit;
(ii) Field notes and records of observations, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, exhibits, computer-generated or electronically recorded information, maps, charts, graphs, and surveys; provided, that this supporting information is collected or developed for the primary purpose of, and in connection with, an insurance compliance audit;
(iii) An insurance compliance audit report prepared by an auditor who may be an employee of the company or an independent contractor, which report may include the scope of the audit, information produced by the audit, and conclusions and recommendations, with exhibits and appendices;
(iv) Memoranda and documents analyzing portions or all of the insurance compliance audit report and discussing potential implementation issues;
(v) An implementation plan that addresses correcting past noncompliance, improving current compliance, and preventing future noncompliance; or
(vi) Analytic data generated in the course of conducting the insurance compliance audit.
(B) “Insurance compliance self-evaluative audit document” shall not include documents, communications, data, reports, or other information created as a result of a claim involving personal injury or workers’ compensation made against an insurance policy.
(6) “Privilege” means the insurance compliance self-evaluative privilege created by § 31-853(a).
(Apr. 11, 2003, D.C. Law 14-293, § 2, 50 DCR 296.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8A - Insurance Compliance Self-Evaluation Privilege › § 31–852. Scope

§ 31–852. Scope.
Nothing in this chapter shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including work product, the attorney-client privilege, or the subsequent remedial measures exclusion.
(Apr. 11, 2003, D.C. Law 14-293, § 3, 50 DCR 296.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8A - Insurance Compliance Self-Evaluation Privilege › § 31–853. Privilege

§ 31–853. Privilege.
(a)(1) An insurance compliance self-evaluative audit document shall be privileged information and shall not be admissible as evidence in any legal action in a civil, criminal, or administrative proceeding, except as provided in subsections (b), (c), and (d) of this section and §§ 31-854 and 31-855.
(2) The privilege shall not extend to:
(A) Documents, communications, data, reports, or other information required to be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under a District or federal law, rule, or order;
(B) Information obtained by observation or monitoring by any regulatory agency; or
(C) Information obtained from a source independent of the insurance compliance audit.
(b) If, in connection with examinations conducted under the insurance laws, a company voluntarily submits an insurance compliance self-evaluative audit document to the Commissioner, as delegate of the Mayor, as a confidential document, the provisions of § 31-1403(f) shall not apply to the insurance compliance self-evaluative audit document so voluntarily submitted.
(c) To the extent that the Commissioner has the authority to compel the disclosure of an insurance compliance self-evaluative audit document under other provisions of applicable law, the document furnished to the Commissioner shall not be provided to any other persons or entities and shall be accorded the same confidentiality and other protections as provided above for voluntarily submitted documents. Any use of an insurance compliance self-evaluative audit document furnished as a result of a request by the Commissioner under a claim of authority to compel disclosure shall be limited to determining whether or not any disclosed defects in an insurer’s policies and procedures or inappropriate treatment of customers has been remedied or that an appropriate plan for their remedy is in place.
(d) The privilege shall not apply to the extent that it is expressly waived by the company that prepared, or caused to be prepared, the insurance compliance self-evaluative audit document.
(Apr. 11, 2003, D.C. Law 14-293, § 4, 50 DCR 296.)
Section References
This section is referenced in § 31-851.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8A - Insurance Compliance Self-Evaluation Privilege › § 31–854. Civil or administrative proceedings

§ 31–854. Civil or administrative proceedings.
A court may, after an in camera review, require disclosure of material for which the privilege is asserted if the court determines:
(1) The privilege is asserted for fraudulent purposes;
(2) The material is not subject to the privilege; or
(3) Even if subject to the privilege, the material shows evidence of noncompliance with District or federal statutes, rules, or orders and the company failed to take reasonable corrective action or eliminate the noncompliance within a reasonable time.
(Apr. 11, 2003, D.C. Law 14-293, § 5, 50 DCR 296.)
Section References
This section is referenced in § 31-853, § 31-856, and § 31-857.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8A - Insurance Compliance Self-Evaluation Privilege › § 31–855. Criminal proceedings

§ 31–855. Criminal proceedings.
A court may, after an in camera review, require disclosure of material for which the privilege is asserted, if the court determines:
(1) The privilege is asserted for a fraudulent purpose;
(2) The material is not subject to the privilege;
(3) Even if subject to the privilege, the material shows evidence of noncompliance with District or federal statutes, rules, or orders and the company failed to undertake reasonable corrective action or eliminate the noncompliance within a reasonable time; or
(4) The material contains evidence relevant to the commission of a criminal offense under District law, and:
(A) The Commissioner, Corporation Counsel, or U.S. Attorney has a compelling need for the information;
(B) The information is not otherwise available; and
(C) The Commissioner, Corporation Counsel, or U.S. Attorney is unable to obtain the substantial equivalent of the information by any means without incurring unreasonable cost and delay.
(Apr. 11, 2003, D.C. Law 14-293, § 6, 50 DCR 296.)
Section References
This section is referenced in § 31-853, § 31-856, and § 31-857.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 8A - Insurance Compliance Self-Evaluation Privilege › § 31–856. Requests for disclosure

§ 31–856. Requests for disclosure.
(a) The Commissioner, Corporation Counsel, or U.S. Attorney may request, in writing by certified mail, disclosure of an insurance compliance self-evaluative audit document within 30 days after the service of the request. The company that prepared the document or caused the document to be prepared may file with the appropriate court a petition requesting an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure. Failure by the company to file a petition waives the privilege for that particular document. A company asserting the insurance compliance self-evaluative privilege in response to a request for disclosure under this subsection shall include in its request the information set forth in subsection (d) of this section.
(b) Upon the filing of a petition under this section, the court shall issue an order scheduling, within 45 days after the filing of the petition, an in camera hearing to determine whether the insurance compliance self-evaluative audit document or portions of the document are privileged or subject to disclosure.
(c) The court, after an in camera review, may require disclosure of material for which the privilege is asserted in accordance with § 31-854 or § 31-855. The court shall compel only the disclosure of those portions of an insurance compliance self-evaluative audit document relevant to issues in dispute in the underlying proceeding. A compelled disclosure shall not be considered to be a public document or be deemed to be a waiver of the privilege for any other civil, criminal, or administrative proceeding. A company unsuccessfully opposing disclosure may apply to the court for an order protecting the document from further disclosure.
(d) A company asserting the privilege in response to a request for disclosure under this section shall provide to the Commissioner, Corporation Counsel, or U.S. Attorney, as the case may be, at the time of filing any objection to the disclosure that:
(A) The date and time that the insurance compliance self-evaluative audit document was prepared;
(B) The identity of the entity conducting the audit;
(C) The general nature of the activities covered by the insurance compliance audit; and
(D) An identification of the portions of the insurance compliance self evaluative audit document for which the privilege is being asserted.
(Apr. 11, 2003, D.C. Law 14-293, § 7, 50 DCR 296.)