reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 14 - Law on Examinations › § 31–1405. Conflict of interest

§ 31–1405. Conflict of interest.
(a) No examiner may be appointed by the Mayor if the examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this chapter. This section shall not be construed to automatically preclude an examiner from being:
(1) A policyholder or claimant under an insurance policy;
(2) A grantor of a mortgage or similar instrument on the examiner’s residence to a regulated entity if done under customary terms and in the ordinary course of business;
(3) An investment owner in shares of regulated diversified investment companies; or
(4) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.
(b) Notwithstanding the requirements of this section, the Mayor may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions, even though these persons may from time to time be similarly employed or retained by persons subject to examination under this chapter.
(Oct. 21, 1993, D.C. Law 10-49, § 6, 40 DCR 6110.)
Prior Codifications
1981 Ed., § 35-3605.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 14 - Law on Examinations › § 31–1406. Cost of examinations

§ 31–1406. Cost of examinations.
All expenses of the examinations shall be paid by the company examined, and the company shall timely pay the Mayor the actual expense of such an examination upon receipt of itemized bills provided by the Mayor. For purposes of expenses assessed and paid under this section, the provisions of Unit A of Chapter 3 of Title 2 shall not apply.
(Oct. 21, 1993, D.C. Law 10-49, § 7, 40 DCR 6110; Mar. 25, 2003, D.C. Law 14-236, § 4, 49 DCR 10483.)
Prior Codifications
1981 Ed., § 35-3606.
Effect of Amendments
D.C. Law 14-236 added the last sentence.
Emergency Legislation
For temporary (90 day) amendment of section, see § 4 of Department of Insurance and Securities Regulation Procurement Emergency Act of 2002 (D.C. Act 14-314, March 26, 2002, 49 DCR 3451).
For temporary (90 day) amendment of section, see § 4 of Department of Insurance and Securities Regulation Procurement Congressional Review Emergency Act of 2003 (D.C. Act 15-9, January 27, 2003, 50 DCR 1478).
Temporary Legislation
For temporary (225 day) amendment of section, see § 4 of Department of Insurance and Securities Regulation Procurement Temporary Act of 2002 (D.C. Law 14-159, June 25, 2002, law notification 49 DCR 6495).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 14 - Law on Examinations › § 31–1407. Immunity from liability

§ 31–1407. Immunity from liability.
(a) No cause of action shall arise nor shall any liability be imposed against the Mayor, the Mayor’s authorized representatives, or an examiner appointed by the Mayor for any statements made or conduct performed in good faith while carrying out the provisions of this chapter.
(b) No cause of action shall arise nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the Mayor or the Mayor’s authorized representative or examiner pursuant to an examination made under this chapter, if the act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.
(c) This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a) of this section.
(d) A person identified in subsection (a) of this section shall be entitled to an award of attorney’s fees and costs if the person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this chapter and the party bringing the action was not substantially justified in doing so. For purposes of this section, the term “substantially justified” means a proceeding that had a reasonable basis in law or fact at the time that it was initiated.
(Oct. 21, 1993, D.C. Law 10-49, § 8, 40 DCR 6110.)
Prior Codifications
1981 Ed., § 35-3607.
Section References
This section is referenced in § 31-3932.04.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 15 - Managing General Agents › § 31–1502. Licensure

§ 31–1502. Licensure.
(a) No person, firm, association, or corporation shall act in the capacity of a managing general agent with respect to risks located in the District for an insurer licensed in the District, unless the person is a licensed broker in the District.
(b) No person, firm, association, or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in the District with respect to risks located outside the District, nor shall an insurer utilize the services of such a managing general agent, unless the person is licensed as a broker in the District, which license may be a nonresident license, pursuant to the provisions of this chapter.
(c) The Mayor may require a bond in an amount acceptable to him or her for the protection of the insurer.
(d) The Mayor may require the managing general agent to maintain an errors and omissions policy.
(Oct. 21, 1993, D.C. Law 10-41, § 3, 40 DCR 6014; May 16, 1995, D.C. Law 10-255, § 29(a), 41 DCR 5193.)
Prior Codifications
1981 Ed., § 35-3002.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 15 - Managing General Agents › § 31–1504. Duties of insurers

§ 31–1504. Duties of insurers.
(a) The insurer shall have on file an independent financial examination, in a form acceptable to the Mayor, of each managing general agent with which it has done business.
(b) If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This is in addition to any other required loss reserve certification.
(c) The insurer shall periodically (at least semiannually) conduct an on-site review of the underwriting and claims processing operations of the managing general agent.
(d) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the managing general agent.
(e) Within 30 days of entering into or terminating a contract with a managing general agent, the insurer shall provide written notification of the appointment or termination to the Mayor. Notices of appointment of a managing general agent shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the Mayor may request.
(f) An insurer shall review its books and records each quarter to determine if any producer has, because of § 31-1501(4), become a managing general agent as defined in that section. If the insurer determines that a producer has become a managing general agent pursuant to the above, the insurer shall promptly notify the producer and the Mayor of the determination, and the insurer and producer shall fully comply with the provisions of this chapter within 30 days.
(g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its managing general agents. This subsection shall not apply to relationships governed by Chapter 7 of this title or, if applicable, Chapter 4 of this title.
(Oct. 21, 1993, D.C. Law 10-41, § 5, 40 DCR 6014; May 16, 1995, D.C. Law 10-255, § 29(c), 41 DCR 5193.)
Prior Codifications
1981 Ed., § 35-3004.
Section References
This section is referenced in § 31-1503.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 15 - Managing General Agents › § 31–1505. Examination authority

§ 31–1505. Examination authority.
The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer.
(Oct. 21, 1993, D.C. Law 10-41, § 6, 40 DCR 6014.)
Prior Codifications
1981 Ed., § 35-3005.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 15 - Managing General Agents › § 31–1506. Penalties and liabilities

§ 31–1506. Penalties and liabilities.
(a) If the Mayor determines that the managing general agent or any other person has not materially complied with this chapter, or any regulation or order promulgated thereunder, after notice and opportunity to be heard, the Mayor may order:
(1) For each separate violation, a penalty in an amount not exceeding $10,000, or not more than $25,000 for intentional violations;
(2) Revocation or suspension of the producer’s license; and
(3) If it was found that because of material noncompliance the insurer has suffered any loss or damage, the Commissioner may maintain a civil action brought by or on behalf of the insurer and its policyholders and creditors for recovery of compensatory damages for the benefit of the insurer and its policyholders and creditors, or other appropriate relief.
(b) The decision, determination, or order of the Mayor pursuant to subsection (a) of this section shall be subject to judicial review pursuant to subchapter I of Chapter 5 of Title 2, §§ 31-2502.43 [repealed] and 31-2502.44 [repealed], and §§ 31-4327 [repealed] and 31-4332.
(c) Nothing in this section shall affect the right of the Mayor to impose any other penalties provided in the insurance law of the District.
(d) Nothing in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.
(Oct. 21, 1993, D.C. Law 10-41, § 7, 40 DCR 6014; Apr. 26, 1994, D.C. Law 10-103, § 5, 41 DCR 1005.)
Prior Codifications
1981 Ed., § 35-3006.
Cross References
Hospital and medical services corporations, applicable law, see § 31-3503.
Temporary Legislation
For temporary (225 day) amendment of section, see § 5(a) of Insurance Omnibus Temporary Amendment Act of 1993 (D.C. Law 10-76, March 17, 1994, law notification 41 DCR 1626).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1601. Definitions

§ 31–1601. Definitions.
For the purposes of this chapter, the term:
(1) “AIDS” means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service.
(2) “ARC” means AIDS-related complex as defined by the Centers for Disease Control of the United States Public Health Service or, during any period when the Centers for Disease Control have not issued a definition, by the District of Columbia Commission of Public Health.
(3) “District” means the District of Columbia.
(3A) “Gender identity or expression” shall have the same meaning as provided in § 2-1401.02(12A).
(4) “Health maintenance organization” or “HMO” means any person that undertakes to provide or arrange for the delivery of basic health care services to enrollees on a prepaid basis, except for enrollees responsibility for co-payments and deductibles, and qualifies as a health maintenance organization under Chapter 34 of Title 31.
(5) “HIV” means human immunodeficiency virus.
(6) “Mayor” means the Mayor of the District of Columbia.
(7) “Insurer” means any individual, partnership, corporation, association, fraternal benefit association, nonprofit health service plan, health maintenance organization, or other business entity that issues, amends, or renews individual or group health, disability, or life insurance policies or contracts, including health maintenance organization membership contracts, in the District. The term “insurer” shall include Group Hospitalization and Medical Services, Incorporated.
(Aug. 7, 1986, D.C. Law 6-132, § 2, 33 DCR 3615; Mar. 16, 1989, D.C. Law 7-208, § 2(a), 36 DCR 471; June 18, 2003, D.C. Law 14-312, § 301, 50 DCR 306; June 25, 2008, D.C. Law 17-177, § 15(a), 55 DCR 3696.)
Prior Codifications
1981 Ed., § 35-221.
Effect of Amendments
D.C. Law 14-312 rewrote par. (4) which had read as follows: “(4) ‘Health maintenance organization’ means a public or private organization that is a qualifying health maintenance organization under federal regulations, or has been determined to be a health maintenance organization pursuant to regulations adopted by the State Health Planning and Development Agency of the District of Columbia.”
D.C. Law 17-177 added par. (3A).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1602. Application of chapter

§ 31–1602. Application of chapter.
The requirements of this chapter shall apply to the practices and procedures employed by insurers and their agents and employees in making determinations about any individual or group policy or contract of health, disability, or life insurance.
(Aug. 7, 1986, D.C. Law 6-132, § 3, 33 DCR 3615.)
Prior Codifications
1981 Ed., § 35-222.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1603. Prohibited actions

§ 31–1603. Prohibited actions.
(a) Repealed.
(b)(1) In determining whether to issue, cancel, or renew insurance coverage, an insurer may not use age, marital status, geographic area of residence, occupation, sex, sexual orientation, gender identity or expression, or any similar factor or combination of factors for the purpose of seeking to predict whether any individual may in the future develop AIDS or ARC.
(2) In determining rates, premiums, dues, assessments, benefits covered, or expenses reimbursable, or in any other aspect of insurance marketing or coverage, an insurer may not use age, marital status, geographic area of residence, occupation, sex, sexual orientation, gender identity or expression, or any similar factor or combination of factors for the purpose of seeking to predict whether any individual may in the future develop AIDS or ARC.
(c) No health or disability insurance policy or contract shall contain any exclusion, reduction, other limitation of coverage, deductibles, or coinsurance provisions related to the care and treatment of AIDS, ARC, HIV infection, or any illness or disease arising from these medical conditions, unless the provisions apply generally to all benefits under the policy or contract.
(d) No life insurance policy or contract shall contain any exclusion, reduction, or other limitation of benefits related to AIDS, ARC, HIV infection, or any disease arising from these medical conditions, as a cause of death.
(Aug. 7, 1986, D.C. Law 6-132, § 4, 33 DCR 3615; Mar. 16, 1989, D.C. Law 7-208, § 2(b), 36 DCR 471; June 25, 2008, D.C. Law 17-177, § 15(b), 55 DCR 3696.)
Prior Codifications
1981 Ed., § 35-223.
Effect of Amendments
D.C. Law 17-177, in subsec. (b), substituted “sexual orientation, gender identity or expression” for “sexual orientation”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1604. AIDS testing standards, protocols, and appeals

§ 31–1604. AIDS testing standards, protocols, and appeals.
(a)(1) Within 30 days of March 16, 1989, the District of Columbia Commissioner of Public Health (“Commissioner”) shall certify the testing protocol that is the most reliable and accurate in identifying exposure to the probable causative agent of AIDS, ARC, and the HIV infection. The notice of certification shall include an estimate based on scientific evidence of the proportion of false positive results expected in use of the testing protocol.
(2) Within 12 months from the date of the initial certification and at least annually thereafter, the Commissioner shall publish a new or renewal certification based upon an ongoing review of scientific evidence regarding the accuracy and reliability of the testing protocol.
(b)(1) A named insured who tests positive under the testing protocol certified by the Commissioner may appeal to the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] to review the testing procedures and results, and may present additional medical evidence, including the results of similar tests for exposure to the probable causative agent of AIDS that the named insured independently obtains, to rebut the positive test results. If the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] determines that the result of the test of the proposed insured is not a true positive, the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall order the insurer from which the applicant sought coverage to disregard the positive test result. The Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall, when necessary, request the advice of the Commissioner in making this determination.
(2) Hearings related to the appeal provided for in paragraph (1) of this subsection shall be held in accordance with subchapter I of Chapter 5 of Title 2.
(3) An insurer shall apply standard underwriting practices, in accordance with applicable laws and rules of the District, to all life, health, or disability income insurance policies or contracts for individuals who test positive under the testing protocol certified by the Commissioner.
(Aug. 7, 1986, D.C. Law 6-132, § 5, 33 DCR 3615; Mar. 16, 1989, D.C. Law 7-208, § 2(c), 36 DCR 471; May 21, 1997, D.C. Law 11-268, § 10(g), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-224.
Section References
This section is referenced in § 31-1606.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-2501.03.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1605. Diagnosis of AIDS

§ 31–1605. Diagnosis of AIDS.
(a) Nothing in this chapter shall be construed as preventing or restricting insurers or their agents or employees from following standard procedures for determining the insurability of or establishing the rates or premiums for new applicants diagnosed by a licensed physician as having AIDS, provided that the procedures:
(1) Apply in the same manner to all other new applicants within the same category of insurance;
(2) Are justified on the basis of actuarial evidence; and
(3) Comply with other laws and rules of the District.
(b) Repealed.
(Aug. 7, 1986, D.C. Law 6-132, § 6, 33 DCR 3615; Mar. 16, 1989, D.C. Law 7-208, § 2(d), 36 DCR 471.)
Prior Codifications
1981 Ed., § 35-225.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1607. Contestability

§ 31–1607. Contestability.
An insurer may contest the validity of a policy or contract for 3 years from the date of issuance, amendment, or renewal of the policy or contract, if the basis for contesting the validity is that the insured knowingly failed or refused to disclose to the insurer that he or she had AIDS at the time of issuance, amendment, or renewal of any policy issued under this chapter, and the insurance company was prohibited by law from conducting a test to determine the exposure of the insured to the AIDS virus on the date the insurer and insured entered into a contract.
(Aug. 7, 1986, D.C. Law 6-132, § 8, 33 DCR 3615; Mar. 16, 1989, D.C. Law 7-208, § 2(f), 36 DCR 471.)
Prior Codifications
1981 Ed., § 35-227.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1608. Special enforcement provisions

§ 31–1608. Special enforcement provisions.
(a) An insurer, or an agent, broker or employee of the insurer who violates any provision of this chapter or rule issued pursuant to this chapter shall be subject to the suspension or revocation of its license or certificate of authority to transact business in the District, as appropriate, in accordance with the provisions of §§ 31-2502.03, 31-2502.36 [repealed], 31-4305, and 31-4326 [repealed], or other applicable District laws.
(b) Any person who violates the restrictions on disclosure in § 31-1606(d) shall be fined not less than $500 or more than $5,000 for each disclosure. In the case of an insurer or an agent, broker or employee of an insurer, the fine shall be in addition to the penalties provided in subsection (a) of this section.
(c) Any person injured as the result of a violation of this chapter, or a rule issued pursuant to this chapter, may bring an action for civil damages and other appropriate relief in the Superior Court of the District of Columbia without first pursuing administrative remedies.
(Aug. 7, 1986, D.C. Law 6-132, § 9, 33 DCR 3615; Mar. 16, 1989, D.C. Law 7-208, § 2(g), 36 DCR 471.)
Prior Codifications
1981 Ed., § 35-228.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1609. Rules

§ 31–1609. Rules.
The Mayor shall issue proposed rules, within 90 days of August 7, 1986, to implement the provisions of this chapter. The proposed rules shall be submitted to the Council of the District of Columbia (“Council”) for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not disapprove the proposed rules by resolution, within the 45-day review period, the proposed rules shall be deemed approved. The Council may approve or disapprove the proposed rules, in whole or in part, by resolution prior to the expiration of the 45-day review period.
(Aug. 7, 1986, D.C. Law 6-132, § 10, 33 DCR 3615.)
Prior Codifications
1981 Ed., § 35-229.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16 - Prohibition of Discrimination in the Provision of Insurance on Basis of AIDS Test › § 31–1610. Prohibition against discrimination in use of AIDS tests

§ 31–1610. Prohibition against discrimination in use of AIDS tests.
(a) No insurer shall inquire about the sexual orientation or gender identity or expression of an applicant in an application for health, life, or disability income insurance coverage or in an investigation conducted by an insurer or insurance support organization on behalf of an insurer in connection with an application for the coverage.
(b) Sexual orientation or gender identity or expression, shall not be used as a factor in the underwriting process or in the determination of insurability.
(c) Insurance support organizations shall be directed by insurers not to investigate, directly or indirectly, the sexual orientation or gender identity or expression of a proposed insured.
(d) An insurance company shall not use sexual orientation, gender identity or expression, lifestyle, living arrangements, occupation, gender, or beneficiary designation to determine whether to test an individual who applies for life, health, or disability income insurance.
(Aug. 7, 1986, D.C. Law 6-132, § 11; as added Mar. 16, 1989, D.C. Law 7-208, § 2(h), 36 DCR 471; June 25, 2008, D.C. Law 17-177, § 15(c), 55 DCR 3696.)
Prior Codifications
1981 Ed., § 35-230.
Effect of Amendments
D.C. Law 17-177, in subsecs. (a) and (c), substituted “sexual orientation or gender identity or expression” for “sexual orientation”; in subsec. (b), substituted “Sexual orientation or gender identity or expression, shall not” for “Sexual orientation shall not”; and, in subsec. (d), substituted “sexual orientation, gender identity or expression” for “sexual orientation”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.01. Short title

§ 31–1631.01. Short title.
This chapter may be cited as the “Public Insurance Adjuster Licensure Act of 2002.”
(Mar. 27, 2003, D.C. Law 14-256, § 1, 50 DCR 238.)
Section References
This section is referenced in § 28-3811 and § 31-631.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.02. Definitions

§ 31–1631.02. 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) “District” means the District of Columbia.
(3) “License” means a license issued by the Commissioner to act as a public insurance adjuster.
(4) “Licensee” means any person licensed in the District to do business as a public insurance adjuster.
(5) “Public insurance adjuster” shall include any person who, for compensation or any other thing of value:
(A) Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured individual in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract;
(B) Advertises for employment as an adjuster of insurance claims; solicits business or represents himself or herself to the public as an adjuster of first party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or
(C) Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy.
(Mar. 27, 2003, D.C. Law 14-256, § 2, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.03. License requirement

§ 31–1631.03. License requirement.
No person shall, directly or indirectly, act as a public insurance adjuster without first procuring a license from the Commissioner to act as a public insurance adjuster.
(Mar. 27, 2003, D.C. Law 14-256, § 3, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.04. Licensure

§ 31–1631.04. Licensure.
(a) The Commissioner shall issue a license to an applicant for a public insurance adjuster’s license who:
(1) Has paid the applicable fee established by the Commissioner by rule;
(2) Passes a written examination for which a fee may be charged; and
(3) Has sufficient experience, training, and instruction concerning the adjusting of first party claims for damages or losses under insurance contracts that insure the real or personal property of the insured, as determined by the Commissioner in accordance with regulations issued pursuant to this chapter.
(b) The Commissioner may issue a license to any applicant without an examination if:
(1) The applicant holds a like license in good standing from another state and the public official having supervision of public insurance adjusters in the other state certifies that the applicant has passed a written examination; and
(2) The other state recognizes public insurance adjusters with District public insurance adjuster licenses for the purpose of licensing the applicant without the requirement of an examination.
(c) A license issued pursuant to this section shall continue in force from the date of issuance until April 30th of the next odd-numbered year, unless suspended, revoked, or otherwise terminated prior thereto. Requests for renewal of the license shall be made to the Commissioner and accompanied by the license fee. Unless a request for renewal, accompanied by the appropriate fee, is received by the termination date, the license shall expire.
(Mar. 27, 2003, D.C. Law 14-256, § 4, 50 DCR 238; Sept. 24, 2010, D.C. Law 18-223, § 2172, 57 DCR 6242.)
Effect of Amendments
D.C. Law 18-223, in subsec. (a)(1), substituted “established by the Commissioner by rule” for “specified by this chapter”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2172 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Short Title
Short title: Section 2171 of D.C. Law 18-223 provided that subtitle N of title II of the act may be cited as the “Public Insurance Adjuster Licensure Amendment Act of 2010”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.05. Bond requirement

§ 31–1631.05. Bond requirement.
(a) At the time of the application for license as a public insurance adjuster, the applicant shall file with the Commissioner a bond executed and issued by a surety insurer authorized to transact business in the District in the amount of $20,000, which bond shall serve the faithful performance of his or her duties as a public insurance adjuster. A public insurance adjuster license shall automatically terminate when the bond is not in force.
(b) The bond shall have the following characteristics:
(1) The bond shall be in favor of the District and shall specifically authorize recovery by the Commissioner of the damages sustained if the licensee is convicted of fraud or unfair practices in connection with his or her business as a public insurance adjuster.
(2) The aggregate liability of the surety for all damages shall not exceed the amount of the bond.
(3) The bond shall not be terminated unless at least 30 days written notice is given to the licensee and filed with the Commissioner.
(Mar. 27, 2003, D.C. Law 14-256, § 5, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.06. Maintenance of records

§ 31–1631.06. Maintenance of records.
(a) A public insurance adjuster shall maintain a complete record of each transaction as a public insurance adjuster. The records required by this section shall include the:
(1) Name of the insured;
(2) Date, location, and amount of the loss;
(3) Copy of the contract between the public insurance adjuster and insured;
(4) Name of the insurer, amount, expiration date, and number of each policy carried with respect to the loss;
(5) Itemized statement of the insured’s recoveries; and
(6) Itemized statement of all compensation received by the public insurance adjuster, from any source whatsoever, in connection with a particular claim.
(b) Records shall be maintained for at least 5 years after the termination of the transaction with an insured and shall be open to examination by the Commissioner at all times.
(c) Records submitted in accordance with this section that contain proprietary information, identified in writing as such by the public insurance adjuster, shall be treated as confidential by the Commissioner.
(Mar. 27, 2003, D.C. Law 14-256, § 6, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.07. License denial, suspension, revocation, and refusal to renew; civil penalties

§ 31–1631.07. License denial, suspension, revocation, and refusal to renew; civil penalties.
(a) The Commissioner may deny a license to an applicant or suspend, revoke, or refuse to renew a license if the applicant or licensee:
(1) Violates the provisions of this chapter or any standard of conduct prescribed by the Commissioner in regulations;
(2) Makes a material misstatement in the application for the license;
(3) Engages in fraudulent or dishonest practices; or
(4) Demonstrates incompetency or untrustworthiness to act as a public insurance adjuster.
(b) Upon a finding by the Commissioner of a violation of subsection (a)(1) or (3) of this section, the Commissioner may impose a civil penalty not to exceed $1,000 for each violation.
(c) This chapter shall not be applied or interpreted to bar a borrower from bringing an action pursuant to any District or federal law for damages, injunctive relief, or any other relief.
(Mar. 27, 2003, D.C. Law 14-256, § 7, 50 DCR 238.)
Section References
This section is referenced in § 28-3811.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.08. Contracts and solicitation of contracts

§ 31–1631.08. Contracts and solicitation of contracts.
(a) No licensee shall, directly or indirectly, act within the District as a public insurance adjuster without having first entered into a contract, in writing, on a form approved by the Commissioner and executed in duplicate by the public insurance adjuster and the insured or a duly authorized representative. One copy of the contract shall be kept on file by the licensee and available at all times for inspection without notice by the Commissioner.
(b)(1) An insured who contracts for the services of a public insurance adjuster shall have the right to cancel the contract until midnight on the 3rd business day after the day on which he or she signs the contract. Contracts that do not substantially conform to the requirements contained in this section shall be void. Cancellation of the contract shall be effective when mailed if the following conditions are met:
(A) The cancellation shall be in writing, but need not take a particular form, and shall be sufficient if it indicates the intent of the person not to go forward with the representation.
(B) The right to cancel shall be contained in the approved contract prescribed by this chapter.
(2) The right of recession contained in this subsection shall be in addition to, and not in limitation of, any other rights of the insured.
(3) In a commercial loss, if a contract is cancelled in accordance with this subsection, the public insurance adjuster shall be entitled to reasonable compensation for actual services rendered and costs incurred between the time the contract was entered into and the time it was cancelled.
(c) A licensee shall not solicit, or attempt to solicit, a client for employment during the progress of a loss-producing occurrence, as defined in the client’s insurance contract.
(d) A licensee shall not permit an unlicensed employee or agent in his or her own name to advertise, engage clients, furnish reports, or present bills to clients, or in any manner whatsoever to conduct business for which a license is required under this chapter.
(e) A licensee shall not charge the client a fee that exceeds 10% of the total insurance recovery of the client.
(Mar. 27, 2003, D.C. Law 14-256, § 8, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.09. Adjustments to comply with insurance contract and law

§ 31–1631.09. Adjustments to comply with insurance contract and law.
A public insurance adjuster shall adjust or investigate every claim, damage, or loss made or occurring under an insurance contract for which the public insurance adjuster has been employed in accordance with the terms and conditions of his or her contract with the insured and the applicable laws and regulations of the District.
(Mar. 27, 2003, D.C. Law 14-256, § 9, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.10. Regulations

§ 31–1631.10. Regulations.
The Commissioner shall promulgate rules and regulations as are necessary to carry out this chapter.
(Mar. 27, 2003, D.C. Law 14-256, § 10, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 16A - Public Insurance Adjuster Licensure › § 31–1631.12. Scope

§ 31–1631.12. Scope.
This chapter shall not apply to:
(1) An adjuster for or an agent or employee of an insurer or group of insurers under common control or ownership that, as a representative of the insurer or group, adjusts losses or damages under policies issued by the insurer or group;
(2) A broker that acts as an adjuster without compensation for an insured for whom the broker is acting as a broker;
(3) An attorney at law who does not:
(A) Regularly act as a public insurance adjuster; or
(B) Represent to the public by sign, advertisement, or other written or oral communication indicating that the attorney at law acts as a public insurance adjuster; or
(4) A licensed health care provider, or employee of a licensed health care provider, who prepares or files a health insurance claim form on behalf of a patient, a licensed insurance agent, or salaried employee of an insurance company.
(Mar. 27, 2003, D.C. Law 14-256, § 12, 50 DCR 238.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 17 - Redomestication › § 31–1701. Definitions

§ 31–1701. Definitions.
For the purposes of this chapter, the term:
(1) “Commissioner” means the Commissioner of the Department of Insurance, Securities and Banking.
(1A) “District” means the District of Columbia.
(2) “Redomestication” means the transfer to the District the corporate domicile of an authorized foreign insurance company.
(3) Repealed.
(4) “Transferring insurer” means any authorized foreign insurance company seeking redomestication.
(May 24, 1996, D.C. Law 11-127, § 2, 43 DCR 1559; Mar. 24, 1998, D.C. Law 12-81, § 44(a), 45 DCR 745; Apr. 13, 2005, D.C. Law 15-354, § 46(a), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 35-4301.
Effect of Amendments
D.C. Law 15-354, in par. (1), substituted “of the Department of Insurance, Securities, and Banking” for “of Insurance and Securities Regulation”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 17 - Redomestication › § 31–1702. Approval as a domestic insurer

§ 31–1702. Approval as a domestic insurer.
Any insurer which is organized under laws of any state and is admitted to do business in the District for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of law relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a place in the District. The domestic insurer shall be entitled to like certificates and licenses to transact business in the District, and shall be subject to the authority and jurisdiction of the District.
(May 24, 1996, D.C. Law 11-127, § 3, 43 DCR 1559.)
Prior Codifications
1981 Ed., § 35-4302.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 17 - Redomestication › § 31–1703. Conversion to foreign insurer

§ 31–1703. Conversion to foreign insurer.
Any domestic insurer may, upon the approval of the Commissioner, transfer its domicile to any state in which it is admitted to transact the business of insurance, and upon such a transfer shall cease to be a domestic insurer and shall be admitted to the District, if qualified, as a foreign insurer. The Commissioner shall approve any proposed transfer unless he or she determines such a transfer is not in the best interest of the policyholders of the District.
(May 24, 1996, D.C. Law 11-127, § 4, 43 DCR 1559; Mar. 24, 1998, D.C. Law 12-81, § 44(b), 45 DCR 745; Apr. 13, 2005, D.C. Law 15-354, § 46(b), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 35-4303.
Effect of Amendments
D.C. Law 15-354 deleted “of Insurance and Securities” following “approval of the Commissioner”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 17 - Redomestication › § 31–1704. Effects of redomestication

§ 31–1704. Effects of redomestication.
(a) The certificate of authority, agent appointments and licenses, rates, and other items which the Commissioner allows, in his or her discretion, which are in existence at the time any insurer licensed to transact the business of insurance in the District transfers its corporate domicile to the District or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon the transfer if the insurer remains duly qualified to transact the business of insurance in the District. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the Commissioner.
(b) Every transferring insurer shall file new policy forms with the Commissioner on or before the effective date of the transfer, but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the Commissioner.
(c) Every such transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any resulting amendments to corporate documents filed or required to be filed with the Commissioner.
(May 24, 1996, D.C. Law 11-127, § 5, 43 DCR 1559; Mar. 24, 1998, D.C. Law 12-81, § 44(c), 45 DCR 745.)
Prior Codifications
1981 Ed., § 35-4304.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 17 - Redomestication › § 31–1705. Rulemaking

§ 31–1705. Rulemaking.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules and regulations to carry out the purpose of this chapter.
(May 24, 1996, D.C. Law 11-127, § 6, 43 DCR 1559.)
Prior Codifications
1981 Ed., § 35-4305.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 18 - Reinsurance Intermediaries › § 31–1803. Required contract provisions; reinsurance intermediary-brokers

§ 31–1803. Required contract provisions; reinsurance intermediary-brokers.
Transactions between a reinsurance broker and the insurer it represents shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party. The authorization shall, at a minimum, provide that:
(1) The insurer may terminate the reinsurance broker’s authority at any time.
(2) The reinsurance broker shall render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by, or owing to, the reinsurance broker, and remit all funds due to the insurer within 30 days of receipt.
(3) All funds collected for the insurer’s account will be held by the reinsurance broker in a fiduciary capacity in a bank which is a qualified United States financial institution as defined in § 31-1801.
(4) The reinsurance broker will comply with § 31-1804.
(5) The reinsurance broker will comply with the written standards established by the insurer for the cession or retrocession of all risks.
(6) The reinsurance broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.
(Oct. 21, 1993, D.C. Law 10-47, § 4, 40 DCR 6093.)
Prior Codifications
1981 Ed., § 35-3103.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 18 - Reinsurance Intermediaries › § 31–1804. Books and records; reinsurance intermediary brokers

§ 31–1804. Books and records; reinsurance intermediary brokers.
(a) For at least 10 years after expiration of each contract of reinsurance transacted by the reinsurance broker, the reinsurance broker will keep a complete record for each transaction showing:
(1) The type of contract, limits, underwriting restrictions, classes, or risks and territory;
(2) Period of coverage, including effective and expiration dates, cancellation provisions, and notice required of cancellation;
(3) Reporting and settlement requirements of balances;
(4) Rate used to compute the reinsurance premium;
(5) Names and addresses of assuming reinsurers;
(6) Rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance broker;
(7) Related correspondence and memoranda;
(8) Proof of placement;
(9) Details regarding retrocessions handled by the reinsurance broker including the identity of retrocessionaires and percentage of each contract assumed or ceded;
(10) Financial records, including, but not limited to, premium and loss accounts; and
(11) When the reinsurance broker procures a reinsurance contract on behalf of a licensed ceding insurer:
(A) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or
(B) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.
(b) The insurer will have access and the right to copy and audit all accounts and records maintained by the reinsurance broker related to its business in a form usable by the insurer.
(Oct. 21, 1993, D.C. Law 10-47, § 5, 40 DCR 6093.)
Prior Codifications
1981 Ed., § 35-3104.
Section References
This section is referenced in § 31-1803.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 18 - Reinsurance Intermediaries › § 31–1805. Duties of insurers utilizing the services of a reinsurance intermediary-broker

§ 31–1805. Duties of insurers utilizing the services of a reinsurance intermediary-broker.
(a) An insurer shall not engage the services of any person, firm, association, or corporation to act as a reinsurance broker on its behalf unless the person is licensed as required by § 31-1802(a).
(b) An insurer may not employ an individual who is employed by a reinsurance broker with which it transacts business, unless the reinsurance broker is under common control with the insurer and subject to Chapter 7 of this title.
(c) The insurer shall annually obtain a copy of statements of the financial condition of each reinsurance broker with which it transacts business.
(Oct. 21, 1993, D.C. Law 10-47, § 6, 40 DCR 6093.)
Prior Codifications
1981 Ed., § 35-3105.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 18 - Reinsurance Intermediaries › § 31–1807. Prohibited acts

§ 31–1807. Prohibited acts.
The reinsurance manager shall not:
(1) Cede retrocessions on behalf of the reinsurer, except that the reinsurance manager may cede facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for retrocessions. These guidelines shall include a list of reinsurers with which the automatic agreements are in effect, and for each reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules;
(2) Commit the reinsurer to participate in reinsurance syndicates;
(3) Appoint any broker without assuring that the broker is lawfully licensed to transact the type of reinsurance for which he or she is appointed;
(4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1% of the reinsurer’s policyholder’s surplus as of December 31 of the last complete calendar year;
(5) Collect any payment from a retrocessionaire, or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer;
(6) Jointly employ an individual who is employed by the reinsurer unless the reinsurance manager is under common control with the reinsurer subject to Chapter 7 of this title; or
(7) Appoint a sub-reinsurance manager.
(Oct. 21, 1993, D.C. Law 10-47, § 8, 40 DCR 6093.)
Prior Codifications
1981 Ed., § 35-3107.