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2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.05. Minimum capital and surplus requirements

§ 31–5031.05. Minimum capital and surplus requirements.
Before being licensed to do an insurance business in the District, a title insurer shall establish and maintain a minimum paid-in capital of not less than $500,000 and paid-in initial surplus of at least $500,000, for a total minimum capital and surplus total of at least $1 million.
(Sept. 24, 2010, D.C. Law 18-223, § 2146, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2146 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.06. Single risk limit

§ 31–5031.06. Single risk limit.
(a) The net retained liability of a title insurer for a single risk in regard to property, whether assumed directly or as reinsurance, shall not exceed the aggregate of 50% of surplus as regards policyholders, plus the statutory premium reserve less the company’s investment in title plants, all as shown in the most recent annual statement of the insurer on file with the Commissioner.
(b) For the purposes of this chapter:
(1) A single risk shall be the insured amount of any title insurance policy; provided, that, if 2 or more title insurance policies are issued simultaneously covering different estates in the same real property, a single risk shall be the sum of the insured amounts of all the title insurance policies.
(2) A policy under which a claim payment reduces the amount of insurance under one or more other title insurance policies shall be included in computing the single risk sum only to the extent that its amount exceeds the aggregate amount of the policy or policies whose amount of insurance is reduced.
(Sept. 24, 2010, D.C. Law 18-223, § 2147, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2147 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.07. Admitted asset standards

§ 31–5031.07. Admitted asset standards.
In determining the financial condition of a domestic title insurer doing business under this chapter, the general investment provisions of the Chapter 13A of this title [§  31-1371.01 et seq. ], shall apply; provided, that:
(1) An investment in a title plant or plants in an amount equal to the actual cost shall be allowed as an admitted asset for title insurers; and
(2) The aggregate amount of the investment shall not exceed the lesser of 20% of admitted assets or 40% of surplus to policyholders, as shown on the most recent annual statement of the title insurer on file with the Commissioner.
(Sept. 24, 2010, D.C. Law 18-223, § 2148, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2148 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.09. Liquidation, dissolution, or insolvency

§ 31–5031.09. Liquidation, dissolution, or insolvency.
(a) Except as otherwise provided in this section, the IRLA shall apply to all domestic title insurers subject to this chapter. In applying the provisions of the IRLA, the court shall consider the unique aspects of title insurance and shall have broad authority to fashion relief that provides for the maximum protection of the title insurance policyholders.
(b) Indemnity and escrow funds held by or on behalf of the title insurer shall not become general assets and shall be administered as secured creditor claims as provided in the IRLA.
(c) Title insurance policies issued by a domestic title insurer that are in force at the time an order of liquidation is entered shall not be canceled except upon a showing to the court of good cause by the liquidator. The determination of good cause shall be within the discretion of the court. In making this determination, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
(d) The court may set appropriate dates that potential claimants shall file their claims with the liquidator as to a domestic title insurer. The court may set different dates for claims based upon the title insurance policy than for all other claims. In setting dates, the court shall consider the unique aspects of title insurance and all other relevant circumstances.
(e) As of the date of the order of insolvency or liquidation, all premiums paid, due, or to become due under policies of the domestic title insurers shall be fully earned. It shall be the obligation of producers, insureds, or representatives of the title insurer to pay fully earned premium to the liquidator or rehabilitator.
(Sept. 24, 2010, D.C. Law 18-223, § 2150, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(c), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-40 substituted “producers” for “agents” in (e).
Emergency Legislation
For temporary (90 day) addition, see § 2150 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.10. Restrictions on dividends

§ 31–5031.10. Restrictions on dividends.
A domestic title insurer shall only declare or distribute a dividend to shareholders without the prior written approval of the Commissioner as would be permitted under § 31-706, for insurers other than life insurers.
(Sept. 24, 2010, D.C. Law 18-223, § 2151, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2151 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.11. Diversification requirement

§ 31–5031.11. Diversification requirement.
(a) Without the prior written approval of the Commissioner, a domestic title insurer shall not accept:
(1) Additional business from a title insurance producer that is not an affiliated company with the insurer if, when added to other business written through the title insurance producer during the same calendar year, that producer’s aggregate premiums written on behalf of the title insurer will exceed 20% of the title insurer’s gross premiums written during the prior calendar year, as shown on the title insurer’s most recent annual statement on file with the Commissioner; or
(2)(A) Additional direct operations business from a single source if, when added to other direct operations business from the single source during the same calendar year, the aggregate premiums written on the direct operations business of the single source will exceed 20% of the title insurer’s gross premiums written during the prior calendar year as shown on the title insurers most recent annual statement on file with the Commissioner.
(B) For purposes of this paragraph, the term “single source” means a person that refers business to the title insurer and any other person that controls, is controlled by, or is under common control with, that person.
(b) In determining whether prior approval may be given, the Commissioner shall consider:
(1) The potential that the acceptance of more business from the title insurance producer or source may adversely affect the financial solidity of the title insurer;
(2) The availability of competing title agents or additional sources in the territories in which the title insurer accepts risks;
(3) The number of years that the title insurer has been in business;
(4) Reinsurance arrangements mitigating the concentration of business from the producer or source;
(5) The comparative profitability of the producer’s or source’s book of business;
(6) The degree of oversight of the producer’s operations exercised by the title insurer; and
(7) Any other circumstances considered by the Commissioner to be appropriate.
(Sept. 24, 2010, D.C. Law 18-223, § 2152, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(d), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-40 substituted “producer” for “agent” and substituted “producer’s” for “agent’s” throughout the section.
Emergency Legislation
For temporary (90 day) addition, see § 2152 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.12. Direct operations and policyholder treatment

§ 31–5031.12. Direct operations and policyholder treatment.
(a) If a title insurance commitment includes an offer to issue an owner’s policy covering the resale of owner-occupied property, the title insurance commitment shall be furnished to the purchaser-mortgagor or its representative no later than the time of closing. If the report cannot be delivered prior to or at closing, the title insurer shall document the reasons for the delay. The title insurance commitment furnished to the purchaser-mortgagor shall incorporate the following statement on the 1st page in bold type:
“Please read the exceptions and the terms shown or referred to herein carefully. The exceptions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
“It is important to note that this form is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.”
(b)(1) A title insurer issuing a lender’s title insurance policy in conjunction with a mortgage loan made simultaneously with the purchase of all or part of the owner-occupied property securing the loan, if no owner’s title insurance policy has been requested, shall give written notice, on a form prescribed or approved by the Commissioner, to the purchaser-mortgagor at the time the title insurance commitment is prepared. The notice shall explain:
(A) A lender’s title insurance policy is to be issued protecting the mortgage-lender;
(B) The policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the property being purchased;
(C) What a title policy insures against and what possible exposures exist for the purchaser-mortgagor that could be insured against through the purchase of an owner’s policy; and
(D) The purchaser-mortgagor may obtain an owner’s title insurance policy protecting the property owner at a specified cost or approximate cost, if the proposed coverages or amount of insurance is not then known.
(2) A copy of the notice, signed by the purchaser-mortgagor, shall be retained in the relevant underwriting file at least 3 years after the effective date of the policy.
(Sept. 24, 2010, D.C. Law 18-223, § 2153, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(e), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-40 deleted “residential” preceding “property” in (a) and (b)(1); substituted “no later than the time of closing” for “as soon as reasonably possible prior to closing” in (a); and substituted “3 years” for “5 years” in (b)(2).
Emergency Legislation
For temporary (90 day) addition, see § 2153 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.13. Duties of title insurers utilizing the services of title insurance producers

§ 31–5031.13. Duties of title insurers utilizing the services of title insurance producers.
(a) The title insurer shall not accept business from a title insurance producer unless there is in force a written contract between the parties which sets forth the responsibilities of each party and, if both parties share responsibility for a particular function, specifies the division of responsibilities.
(b) Repealed.
(c) The title insurer shall, at least annually, conduct an on-site review, or a review conducted electronically that would accomplish the functional equivalent of the same, of the underwriting, claims, and escrow practices of the title insurance producer which shall include a review of the producer’s policy blank inventory and processing operations. If the title insurance producer does not maintain separate bank or trust accounts for each title insurer it represents, the title insurer shall verify that the funds held on its behalf are reasonably ascertainable from the books of account and records of the title insurance producer.
(d) Within 30 days after executing or terminating a contract with a title insurance producer, the title insurer shall provide written notification of the appointment or termination and the reason for termination to the Commissioner. Notices of appointment of a title insurance producer shall be made on a form promulgated by the Commissioner.
(e) A domestic title insurer shall not appoint to its board of directors an officer, director, employee, controlling shareholder, or any title insurance producer who wrote 1% or more of the title insurer’s direct premiums written during the previous calendar year as shown on the title insurer’s most recent annual statement on file with the Commissioner. This subsection shall not apply to relationships governed by Chapter 7 of this title [§ 31-701 et seq.].
(f) The title insurer shall maintain an inventory of all policy forms or policy numbers allocated to each title insurance producer.
(g) The title insurer shall have on file proof that the title insurance producer is licensed in the District.
(h) The title insurer shall establish the underwriting guidelines and, if applicable, limitations on title claims settlement authority to be incorporated into contracts with its title insurance producers.
(Sept. 24, 2010, D.C. Law 18-223, § 2154, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(f), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by Law 20-40 repealed (b); and substituted “producer” for “agent” in (e).
Emergency Legislation
For temporary (90 day) addition, see § 2154 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.15. Prohibition of rebate and fee splitting

§ 31–5031.15. Prohibition of rebate and fee splitting.
A title insurer or other person shall not give or receive, directly or indirectly, any consideration for the referral of title insurance business or escrow or other service provided by a title insurer.
(Sept. 24, 2010, D.C. Law 18-223, § 2156, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2156 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.16. Favored producer of title insurer; buyer’s right to choose

§ 31–5031.16. Favored producer of title insurer; buyer’s right to choose.
(a) A title insurer shall not participate in any transaction in which it knows that a title insurance producer or other person requires, directly or indirectly, or through any trustee, director, officer, producer, employee, or affiliate, as a condition precedent to selling or furnishing any other person a loan, or loan extension, credit, sale, property, contract, lease, or service, that the other person shall place a title insurance policy of any kind with the title insurer or through a particular title insurance producer.
(b) No seller of property shall require, directly or indirectly, that the buyer purchase title insurance from any particular title producer or insurer.
(Sept. 24, 2010, D.C. Law 18-223, § 2157, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(g), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by DC Law 20-40 designated the existing text as (a); substituted “producer” for “agent” throughout (a); and added (b).
Emergency Legislation
For temporary (90 day) addition, see § 2157 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.17. Premium rate filings and standards

§ 31–5031.17. Premium rate filings and standards.
(a) A title insurer or title insurance producer may charge any rates regulated by the District of Columbia after January 1, 2011; provided, that in accordance with the premium rate schedule and manual filed by the title insurer with and approved by the Commissioner in accordance with applicable law and rules governing rate filings. The Commissioner may provide, by rule, for interim use of premium rate schedules in effect prior to January 1, 2011.
(b) The Commissioner may establish rules, including rules providing statistical plans, for use by all title insurers and title insurance producers in the recording and reporting of revenue, loss, and expense experience in such form and detail as is necessary to aid him or her in the establishment of rates and fees.
(c) The Commissioner may require that the information provided under this section be verified by oath of the insurer’s or title insurance producer’s president or vice president or secretary or actuary, as applicable. The Commissioner may further require that the information required under this section be subject to an audit conducted by an independent certified public accountant. The Commissioner may establish a minimum threshold level at which an audit would be required.
(d) Information filed with the Commissioner relating to the experience of a particular producer shall be kept confidential, subject to subchapter II of Chapter 5 of Title 2 [§ 2-531 et seq.].
(Sept. 24, 2010, D.C. Law 18-223, § 2158, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2158 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.18. Form filing

§ 31–5031.18. Form filing.
(a)(1) The Commissioner may require that all policy forms used by every company covering title risks in the District be filed with the Commissioner. The Commissioner shall have authority to disapprove, within 60 days after the date of the receipt of a filing, the use in the District of any policy form which is inequitable, or does not comply with District law.
(2) If a policy form is not disapproved for use within the 60-day period described in paragraph (1) of this subsection, the Commissioner may not disapprove the form for use unless it does not comply with District law.
(b) Forms covered by this section shall include:
(1) Title insurance policies, including standard form endorsements;
(2) Title insurance commitments issued prior to the issuance of a title insurance policy; and
(3) Closing protection letters.
(c) After notice and opportunity to be heard are given to the insurer or rate service organization which submitted a form for approval, the Commissioner may withdraw approval of the form on finding that the use of the form is contrary to the legal requirements applicable at the time of withdrawal. The effective date of withdrawal of approval shall not be less than 90 days after notice of withdrawal is given.
(d) An approved policy form or endorsement providing coverage for which no identifiable premium is assessed may be incorporated into every applicable title insurance policy. The insurer shall disclose any additional coverage to the insured. The provisions of this section shall not operate to eliminate any underwriting standard of conditions relating to the approved policy forms or endorsements.
(e) Any term or condition related to an insurance coverage provided by an approved title insurance policy or any exception to the coverage, except those ascertained from a search and examination of records relating to a title or inspection or survey of a property to be insured, shall only be included in the policy after the term, condition, or exception has been filed with the Commissioner and approved.
(Sept. 24, 2010, D.C. Law 18-223, § 2159, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(h), 60 DCR 12304.)
Section References
This section is referenced in § 31-5031.04.
Effect of Amendments
The 2013 amendment by D.C. Law 20-40 rewrote (a).
Emergency Legislation
For temporary (90 day) addition, see § 2159 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.19. Filing by rating bureaus

§ 31–5031.19. Filing by rating bureaus.
(a) A title insurer may satisfy its obligation to file premium rates, rating manuals, and forms as required by this chapter if:
(1) It becomes a member of, or a subscriber to, a rate service organization, organized and licensed under the provisions of acts relating to insurance which are codified in this title;
(2) The rate service organization makes the filings; and
(3) It authorizes the Commissioner in writing to accept the filings on the title insurer’s behalf.
(b) This chapter shall not:
(1) Require any title insurer to become a member of, or a subscriber to, any rate service organization; and
(2) Prohibit the filing of deviations from rate service organization filings by any member or subscriber.
(Sept. 24, 2010, D.C. Law 18-223, § 2160, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2160 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.20. Record retention requirements

§ 31–5031.20. Record retention requirements.
Evidence of the examination of title and determination of insurability for business written by a title insurer or title insurance producer and records relating to escrow and indemnity deposits shall be preserved and retained by the insurer or producer for as long as appropriate to the circumstances but not less than 3 years after the title insurance policy has been issued or 3 years after the escrow or indemnity deposit account has been closed. This section shall not apply to a title insurer acting as coinsurer if one of the other coinsurers has complied with this section.
(Sept. 24, 2010, D.C. Law 18-223, § 2161, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(i), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-40 substituted “insurer or producer” for “insurer or agent” in the first sentence.
Emergency Legislation
For temporary (90 day) addition, see § 2161 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.21. Penalties and liabilities

§ 31–5031.21. Penalties and liabilities.
(a) If the Commissioner determines that the title insurer or any other person has violated this chapter, or any rule or order promulgated under this chapter, after notice and opportunity to be heard, the Commissioner may order:
(1) A penalty not exceeding $2,500 for the 1st violation;
(2) A penalty not exceeding $5,000 for each successive violation; and
(3) Revocation or suspension of the title insurer’s license.
(b) This section shall affect the right of the Commissioner to impose any other penalties provided for in any acts relating to insurance which are codified in this title.
(Sept. 24, 2010, D.C. Law 18-223, § 2162, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2162 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.22. Violations of Real Estate Settlement Procedures Act (“RESPA”)

§ 31–5031.22. Violations of Real Estate Settlement Procedures Act (“RESPA”).
The Commissioner or Attorney General may bring an action in a court of competent jurisdiction to enjoin or seek remedies for violations of the Real Estate Settlement Procedures Act of 1974, approved December 23, 1974 (88 Stat. 1724; 12 U.S.C. § 2601 et seq.).
(Sept. 24, 2010, D.C. Law 18-223, § 2163, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2163 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.23. Rules; orders

§ 31–5031.23. Rules; orders.
(a) The Commissioner, through the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.
(b) The Commissioner may issue orders to implement the provisions of this chapter.
(Sept. 24, 2010, D.C. Law 18-223, § 2164, 57 DCR 6242.)
Section References
This section is referenced in § 31-5031.04.
Emergency Legislation
For temporary (90 day) addition, see § 2164 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.24. Applicability; construction

§ 31–5031.24. Applicability; construction.
(a) This chapter shall:
(1) Apply to all persons engaged in the business of title insurance in the District; and
(2) Supplement the provisions of Chapter 25 of this title [§ 31-2501.01 et seq.].
(b) This chapter shall not:
(1) Except as otherwise provided, limit the application of any acts relating to insurance which are codified in this title; or
(2) Limit or restrict the rights of policyholders, claimants, and creditors.
(c) If there is a conflict between a provision of this chapter and any provision in an act relating to insurance which is codified in this title, Chapter 25 of this title [§ 31-2501.01 et seq.], this chapter shall apply.
(d) This chapter shall apply as of January 1, 2011 and to all transactions entered into after January 1, 2011.
(Sept. 24, 2010, D.C. Law 18-223, § 2165, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2165 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.03. Examination of operation of title insurance producers

§ 31–5041.03. Examination of operation of title insurance producers.
(a) The Commissioner, during normal business hours, may examine, audit, and inspect any and all books and records required and maintained by a title insurance producer; provided, that trust accounts maintained by attorneys shall be subject to any privilege permitted by law and properly asserted.
(b) The Commissioner may require that the information provided under this section be verified by oath of the title insurance producer or an officer, employee, or accountant of the title insurance producer.
(Sept. 24, 2010, D.C. Law 18-223, § 2124, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2124 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.04. Record-retention requirements

§ 31–5041.04. Record-retention requirements.
A title insurance producer shall maintain sufficient records of its affairs, including its escrow operations, if any, and escrow trust accounts, if any, so that the Commissioner may adequately ensure that the title insurance producer is in compliance with this chapter. The Commissioner may prescribe the specific record entries and documents to be kept and the length of time for which the records shall be maintained, for a period of not to exceed 3 years, unless otherwise required by the RESPA.
(Sept. 24, 2010, D.C. Law 18-223, § 2125, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2125 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.05. Policyholder treatment

§ 31–5041.05. Policyholder treatment.
(a) Unless otherwise agreed upon in writing, if a title insurance commitment is issued before issuing an owners title insurance policy, the title insurance producer or insurer shall furnish the title insurance commitment no later than the time of closing. The commitment shall be accompanied by the following statement on the 1st page in bold type:
“Please read the exceptions and the terms shown or referred to herein carefully. The exceptions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this form is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.”
(b)(1) A title insurance producer or insurer which has been requested to issue a lender’s title insurance policy in conjunction with a mortgage loan made simultaneously with the purchase of all or part of an owner-occupied property securing the loan, where no owner’s title insurance policy has been requested, shall give written notice, on a form prescribed or approved by the Commissioner, to the purchaser-mortgagor at the time the commitment is prepared. The notice shall explain:
(A) A lender’s title insurance policy is to be issued protecting the mortgage-lender;
(B) The policy does not provide title insurance protection to the purchaser-mortgagor as the owner of the property being purchased;
(C) What a title policy insures against and what possible exposures exist for the purchaser-mortgagor that could be insured against through the purchase of an owner’s policy; and
(D) The purchaser-mortgagor may obtain an owner’s title insurance policy protecting the property owner at a specified cost or approximate cost, if the proposed coverages or amount of insurance is not then known.
(2) A copy of the notice, signed by the purchaser-mortgagor, shall be retained in the relevant underwriting file at least 3 years after the effective date of the policy.
(Sept. 24, 2010, D.C. Law 18-223, § 2126, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 4(c), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment By D.C. Law 20-40 substituted “issued before issuing an owners title insurance policy” for “issued preparatory to issuing an owners title insurance policy covering the sale of owner-occupied residential property of 4 or fewer units” in (a); and substituted “an owner-occupied” for “residential, owner-occupied” in the introductory paragraph of (b)(1).
Emergency Legislation
For temporary (90 day) addition, see § 2126 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.07. Prohibition of rebate and fee splitting

§ 31–5041.07. Prohibition of rebate and fee splitting.
(a) In a real or personal property transaction, a title insurance producer, a title insurer, or any employee or representative of a title insurance producer or a title insurer, shall not pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any valuable consideration or inducement, whether or not specified or provided for in the policy, except to the extent provided for in an applicable filing with the Commissioner as provided by law.
(b) In a real or personal property transaction, an insured named in a policy, or any employee of the insured, shall not knowingly receive or accept, directly or indirectly, any rebate, discount, abatement, credit, or reduction of premium, or any special favor, advantage, valuable consideration, or inducement, as specified in subsection (a) of this section.
(c) This section shall not prohibit:
(1) The payment of commissions or other compensation to domestic or foreign licensed title insurance producers or title insurer employees; or
(2) Any insurer from allowing or returning to its participating policyholders, members, or subscribers dividends, savings, or unabsorbed premium deposits.
(Sept. 24, 2010, D.C. Law 18-223, § 2128, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 4(e), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-40, in (a), substituted “real or personal property transaction, a title insurance producer, a title insurer” for “residential property transaction, a title insurer” and substituted “representative of a title insurance producer or a title insurance producer or a title insurer” for “representative of a title insurer”; and substituted “real or personal property” for “residential property” in (b).
Emergency Legislation
For temporary (90 day) addition, see § 2122 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.08. Underwriting contract required with title insurer

§ 31–5041.08. Underwriting contract required with title insurer.
A person acting in the capacity of a title insurance producer shall not place business with a title insurer unless there is in force a written contract between the parties which sets forth the responsibilities of each party, and, if both parties share responsibility for a particular function, specifies the division of the responsibilities.
(Sept. 24, 2010, D.C. Law 18-223, § 2129, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2129 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.09. Penalties and liabilities

§ 31–5041.09. Penalties and liabilities.
(a) If the Commissioner determines that the title insurance producer or any other person has violated this chapter, or any rule or order promulgated under this chapter, after notice and opportunity to be heard, the Commissioner may order:
(1) A penalty not exceeding $2,500 for the 1st violation;
(2) A penalty not exceeding $5,000 for each successive violation; and
(3) Revocation or suspension of the title insurance producer’s or title insurer’s license.
(b) If an order of rehabilitation or liquidation of the insurer has been entered pursuant to Chapter 13 of this title [§ 31-1301 et seq.], and the receiver appointed under that order determines that the title insurance producer or any other person has not complied with this chapter, or any related rule or order, and the insurer suffered any resulting loss or damage, the receiver may maintain an action for recovery of damages or other appropriate sanctions for the benefit of the insurer and its policyholders and creditors.
(c) This section shall not affect the right of the Commissioner to impose any other penalties provided for in acts relating to insurance which are codified in this title.
(Sept. 24, 2010, D.C. Law 18-223, § 2130, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2130 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.10. Violations of the Real Estate Settlement Procedures Act

§ 31–5041.10. Violations of the Real Estate Settlement Procedures Act.
The Commissioner or Attorney General for the District of Columbia may bring an action to enjoin or seek remedies for violations of RESPA.
(Sept. 24, 2010, D.C. Law 18-223, § 2131, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2131 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.11. Rules

§ 31–5041.11. Rules.
The Commissioner, through the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.
(Sept. 24, 2010, D.C. Law 18-223, § 2132, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2132 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50B - Title Insurance Producers › § 31–5041.12. Applicability; construction

§ 31–5041.12. Applicability; construction.
(a) This chapter shall:
(1) Apply to all persons engaged in the business of title insurance in the District;
(2) Supplement the provisions of Chapter 11A of this title [§ 31-1131.01 et seq.].
(b) This chapter shall not:
(1) Except as otherwise provided, limit the application of any insurance law codified in this title; or
(2) Limit or restrict the rights of policyholders, claimants, and creditors.
(c) If there is a conflict between a provision of this chapter and any other act relating to insurance which is codified in this title, including Chapter 11A of this title [§ 31-1131.01 et seq.], this chapter shall apply.
(d) This chapter shall apply as of January 1, 2011, and to all transactions entered into after January 1, 2011.
(Sept. 24, 2010, D.C. Law 18-223, § 2133, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2133 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50C - Portable Electronics Insurance › § 31–5051.01. Definitions

§ 31–5051.01. Definitions.
For purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(2) “Customer” means a person who purchases portable electronics or services.
(3) “District” means the District of Columbia.
(4) “Enrolled customer” means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(5) “Location” means any physical location in the District or any website, call center site, or similar location directed to residents of the District.
(6) “Portable electronics” means electronic devices that are portable in nature, their accessories and services related to the use of the device.
(7)(A) “Portable electronics insurance” means insurance providing coverage for the repair or replacement of portable electronics, which may provide coverage for portable electronics against any one or more of the following causes of loss:
(i) Loss;
(ii) Theft;
(iii) Inoperability due to mechanical failure;
(iv) Malfunction; or
(v) Damage or other similar causes of loss.
(B) The term “portable electronics insurance” does not include:
(i) A service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property for the operational or structural failure of property due to a defect in materials, workmanship, accidental damage from handling, power surges, or normal wear and tear;
(ii) A policy of insurance covering a seller’s or a manufacturer’s obligations under a warranty; or
(iii) A homeowner’s, renter’s, private passenger automobile, commercial, multi-peril, or similar policy.
(8) “Portable electronics transaction” means:
(A) The sale or lease of portable electronics by a vendor to a customer; or
(B) The sale of a service related to the use of portable electronics by a vendor to a customer.
(9) “Supervising entity” means a business entity that is a licensed insurer or insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program.
(10) “Vendor” means a person in the business of engaging in portable electronics transactions directly or indirectly.
(May 1, 2013, D.C. Law 19-306, § 101, 60 DCR 2746.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50C - Portable Electronics Insurance › § 31–5051.03. Billing and collection of premiums

§ 31–5051.03. Billing and collection of premiums.
(a) Charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer’s bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services.
(b) Vendors billing and collecting charges for portable electronics insurance coverage shall not be required to maintain funds collected in a segregated account; provided, that the vendor is authorized by the insurer to hold the funds in an alternative manner and remits the amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer.
(c) Vendors may receive compensation for billing and collection services.
(May 1, 2013, D.C. Law 19-306, § 103, 60 DCR 2746.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50C - Portable Electronics Insurance › § 31–5051.05. Penalties

§ 31–5051.05. Penalties.
(a) A vendor shall report any violation of this chapter to the Commissioner within 30 days of discovery of the violation by the vendor.
(b) If a vendor of portable electronics or its employee or authorized representative violates any provision of this chapter, the Commissioner may:
(1) After notice and hearing, impose fines not to exceed $2,500 per violation or a $10,000 maximum fine in the aggregate for such conduct; and
(2) After notice and hearing, impose other penalties that the Commissioner considers necessary and reasonable to carry out the purpose of this chapter, including:
(A) Suspending the privilege of transacting portable electronics insurance pursuant to this section at specific business locations where violations have occurred; and
(B) Suspending or revoking the ability of individual employees or authorized representatives to act under the limited lines license.
(May 1, 2013, D.C. Law 19-306, § 105, 60 DCR 2746.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50C - Portable Electronics Insurance › § 31–5051.06. Rules

§ 31–5051.06. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved.
(May 1, 2013, D.C. Law 19-306, § 106, 60 DCR 2746.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 51 - Credit Life, Accident, and Health Insurance › § 31–5101. Short title; applicability of provisions

§ 31–5101. Short title; applicability of provisions.
(a) This chapter regulating credit life insurance and credit accident and health insurance in the District of Columbia may be cited as “The Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance.”
(b) All life insurance and all accident and health insurance in connection with loans or other credit transactions of less than 5 years duration in the District of Columbia shall be subject to the provisions of this chapter. Such insurance written in connection with a loan or other credit transaction of 5 years duration or more shall not be subject to the provisions of this chapter, nor shall such insurance be subject to the provisions of this chapter if the issuance of the insurance is an isolated transaction on the part of the insurer not related to a plan or regular course of conduct for insuring debtors of the creditor.
(c) Repealed.
(Sept. 25, 1962, 76 Stat. 580, Pub. L. 87-686, § 1; Apr. 3, 2001, D.C. Law 13-263, § 1411(b)(1), 48 DCR 991; May 7, 2002, D.C. Law 14-132, § 602(a).)
Prior Codifications
1981 Ed., § 35-1001.
1973 Ed., § 35-1601.
Effect of Amendments
D.C. Law 13-263 added subsec. (c).
D.C. Law 14-132 repealed subsec. (c) which had read:
“(c) Sections §§ 31-5110.01, 31-5111, and 31-5112 shall apply to an insurance plan or program for which an application of approval has been submitted to the Commissioner under § 42-836.01(2)(B).”
D.C. Law 15-105 purported to amend subsec. (c) which was repealed by D.C. Law 14-132, therefore, the amendment was ineffective.
Emergency Legislation
Section 2 of Act 14-188, the “Protections from Predatory Lending and Mortgage Foreclosure Improvements Emergency Amendment Act”, deemed approved Nov. 27, 2001, without the signature of the Mayor, provided that D.C. Law 13-263 shall not apply beginning November 6, 2001, through March 6, 2002.
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of Protections from Predatory Lending and Mortgage Foreclosure Improvements Temporary Amendment Act of 2001 (D.C. Law 14-86, March 19, 2002, law notification 49 DCR 2991).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 51 - Credit Life, Accident, and Health Insurance › § 31–5103. Forms authorized to be issued

§ 31–5103. Forms authorized to be issued.
Credit life insurance and credit accident and health insurance shall be issued only in the following forms:
(1) Individual policies of life insurance issued to debtors on the term plan;
(2) Individual policies of accident and health insurance issued to debtors on a term plan or disability provisions in individual life policies to provide such coverage;
(3) Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan; and
(4) Group policies of accident and health insurance issued to creditors on a term plan insuring debtors or disability provisions in group life policies to provide such coverage.
(Sept. 25, 1962, 76 Stat. 581, Pub. L. 87-686, § 3.)
Prior Codifications
1981 Ed., § 35-1003.
1973 Ed., § 35-1603.