reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter I - Applicability; Definitions › § 31–2501.02. Applicability of chapter

§ 31–2501.02. Applicability of chapter.
All fire, marine, and casualty insurance companies now or hereafter incorporated or formed in the District or authorized to do business in the District, all brokers and all agents and other representatives of such companies shall, to the extent hereinafter provided, be subject to this chapter; provided, that this chapter shall not affect the business of life and title insurance, and shall not affect the right or authority of any solvent company to make contracts of fidelity or surety, and shall not affect a plan under which any person provides pension benefits to his employees.
(Oct. 9, 1940, 54 Stat. 1064, ch. 792, ch. I, § 2.)
Prior Codifications
1981 Ed., § 35-1502.
1973 Ed., § 35-1302.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.01. Records of Commissioner; rules and regulations

§ 31–2502.01. Records of Commissioner; rules and regulations.
(a) The office of the Commissioner shall be a public office, and the records, books, and papers thereof on file therein shall be public records of the District, except as the Commissioner for good reason may decide otherwise, or except as it may be provided otherwise herein.
(b) The Commissioner may, in accordance with § 2-505, promulgate reasonable rules and regulations as are necessary to implement the provisions of this chapter.
(Oct. 9, 1940, 54 Stat. 1066, ch. 792, ch. II, § 1; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730; Apr. 5, 2005, D.C. Law 15-292, § 2, 52 DCR 1463; Mar. 2, 2007, D.C. Law 16-191, § 53, 53 DCR 6794.)
Prior Codifications
1981 Ed., § 35-1504.
1973 Ed., § 35-1304.
Effect of Amendments
D.C. Law 15-292 rewrote subsec. (b) which had read:
“(b) The Council of the District of Columbia shall have authority to make, and the Commissioner shall have the authority to enforce, such reasonable rules and regulations as may be necessary in making effective the provisions of this chapter, but such rules and regulations shall not be contrary to nor inconsistent with the provisions of this chapter.”
D.C. Law 16-191 validated a previously made technical correction in (b).
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-2501.03.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(277) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.04. Cessation of business

§ 31–2502.04. Cessation of business.
If a company shall cease to do business in the District, it shall thereupon make report to the Commissioner of the taxable premiums collected which have not been reported prior to the date of the cessation of business, and shall forthwith pay to the Collector of Taxes of the District, through the Commissioner, a tax thereon computed according to law. If a company fails or refuses to make such a report or to pay the tax imposed upon it as required by law, it shall be liable to the District for the amount of such taxes, plus a penalty of 8 per centum per month for each month or part thereof during which such taxes remain unpaid.
(Oct. 9, 1940, 54 Stat. 1067, ch. 792, ch. II, § 4; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-1507.
1973 Ed., § 35-1307.
Cross References
Exemption of marine insurance from operation of general tax laws, see § 47-2608.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-2501.03.
Office of Collector of Taxes abolished: See Historical and Statutory Notes following § 31-2502.03.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.05. Receivership proceedings. [Repealed]

§ 31–2502.05. Receivership proceedings. [Repealed]
Repealed.
(Oct. 15, 1993, D.C. Law 10-35, § 59(b), 40 DCR 5773.)
Prior Codifications
1981 Ed., §§ 35-1508 to 35-1510.
Temporary Legislation
For temporary (225 day) amendment of section, see § 7(b) of Insurance Omnibus Temporary Amendment Act of 1993 (D.C. Law 10-76, March 17, 1994, law notification 41 DCR 1626).
Editor's Notes
D.C. Law 10-76 and D.C. Law 10-103 purported to amend former § 35-1508 1981 Ed. by rewriting (a)(1)(D).
D.C. Law 10-103, § 7(b) ( 41 DCR 1005), eff. April 26, 1994, subsequent to its repeal, amended former § 35-1508(a)(1)(D) 1981 Ed. to read:
“(D) Is determined, pursuant to the Standards to Identify Insurance Companies Deemed to be in Hazardous Financial Condition Act of 1993, to be in such condition that further transaction of business by the company will be hazardous to its policyholders, creditors, or the general public;”
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.06. Receivership proceedings; insolvency; impairment. [Repealed]

§ 31–2502.06. Receivership proceedings; insolvency; impairment. [Repealed]
Repealed.
(Oct. 15, 1993, D.C. Law 10-35, § 59(b), 40 DCR 5773.)
Prior Codifications
1981 Ed., §§ 35-1508 to 35-1510.
Temporary Legislation
For temporary (225 day) amendment of section, see § 7(b) of Insurance Omnibus Temporary Amendment Act of 1993 (D.C. Law 10-76, March 17, 1994, law notification 41 DCR 1626).
Editor's Notes
D.C. Law 10-76 and D.C. Law 10-103 purported to amend former § 35-1508 [1981 Ed.] by rewriting (a)(1)(D).
D.C. Law 10-103, § 7(b) ( 41 DCR 1005), eff. April 26, 1994, subsequent to its repeal, amended former § 35-1508(a)(1)(D) [1981 Ed.] to read:
“(D) Is determined, pursuant to the Standards to Identify Insurance Companies Deemed to be in Hazardous Financial Condition Act of 1993, to be in such condition that further transaction of business by the company will be hazardous to its policyholders, creditors, or the general public;”
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.07. Receivership proceedings; insolvency; impairment. [Repealed]

§ 31–2502.07. Receivership proceedings; insolvency; impairment. [Repealed]
Repealed.
(Oct. 15, 1993, D.C. Law 10-35, § 59(b), 40 DCR 5773.)
Prior Codifications
1981 Ed., §§ 35-1508 to 35-1510.
Temporary Legislation
For temporary (225 day) amendment of section, see § 7(b) of Insurance Omnibus Temporary Amendment Act of 1993 (D.C. Law 10-76, March 17, 1994, law notification 41 DCR 1626).
Editor's Notes
D.C. Law 10-76 and D.C. Law 10-103 purported to amend former § 35-1508 [1981 Ed.] by rewriting (a)(1)(D).
D.C. Law 10-103, § 7(b) ( 41 DCR 1005), eff. April 26, 1994, subsequent to its repeal, amended former § 35-1508(a)(1)(D) [1981 Ed.] to read:
“(D) Is determined, pursuant to the Standards to Identify Insurance Companies Deemed to be in Hazardous Financial Condition Act of 1993, to be in such condition that further transaction of business by the company will be hazardous to its policyholders, creditors, or the general public;”
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.08. Required annual financial statements. [Repealed]

§ 31–2502.08. Required annual financial statements. [Repealed]
Repealed.
(Oct. 21, 1993, D.C. Law 10-42, § 7(c), 40 DCR 6020.)
Prior Codifications
1981 Ed., § 35-1511.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.09. Making or publishing material false statements

§ 31–2502.09. Making or publishing material false statements.
Any director, officer, agent, or employee of any company who subscribes to, makes or concurs in making or publishing any annual or other statement required by law, knowing the same to contain any material statement which is false, shall be fined not more than $5,000 or imprisoned for not more than 5 years, or both.
(Oct. 9, 1940, 54 Stat. 1069, ch. 792, ch. II, § 9.)
Prior Codifications
1981 Ed., § 35-1512.
1973 Ed., § 35-1312.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.10. Examinations by Superintendent; violations; acceptance of reports in lieu of examinations. [Repealed]

§ 31–2502.10. Examinations by Superintendent; violations; acceptance of reports in lieu of examinations. [Repealed]
Repealed.
(Oct. 21, 1993, D.C. Law 10-49, § 9(c), 40 DCR 6110.)
Prior Codifications
1981 Ed., § 35-1513.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.12. Limitations on exposure to risks or hazards

§ 31–2502.12. Limitations on exposure to risks or hazards.
No company other than a mutual or reciprocal company doing business in the District shall expose itself to any loss on any one risk or hazard, whether located in the District or outside of the District, to an amount exceeding 10% of the sum of its capital stock and surplus. No mutual or reciprocal company shall expose itself to any loss on any one risk or hazard, whether located in the District or outside of the District, to an amount exceeding 10% of its surplus. No portion of any such risk or hazard which shall have been reinsured in a company authorized to do business in the District shall be included in determining limitation of risk; provided, that the provisions of this section shall not apply to the insurance of workmen’s compensation, employers’ liability, marine, or inland marine risks.
(Oct. 9, 1940, 54 Stat. 1070, ch. 792, ch. II, § 12; Apr. 26, 1994, D.C. Law 10-103, § 3, 41 DCR 1005; Mar. 8, 2007, D.C. Law 16-232, § 202(b), 54 DCR 368.)
Prior Codifications
1981 Ed., § 35-1515.
1973 Ed., § 35-1315.
Section References
This section is referenced in § 31-2502.02 and § 31-3931.06.
Effect of Amendments
D.C. Law 16-232 substituted “any one risk or hazard, whether located in the District or outside of the District” for “any 1 risk or hazard in the District”.
Cross References
Capital and surplus requirements for foreign and alien companies, see § 31-2502.22.
Limitation of risk for companies operating on Lloyd’s plan, see § 31-2502.20a.
Temporary Legislation
For temporary (225 day) amendment of section, see § 3 of Insurance Omnibus Temporary Amendment Act of 1993 (D.C. Law 10-76, March 17, 1994, law notification 41 DCR 1626).
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.13. Minimum capital and surplus requirements

§ 31–2502.13. Minimum capital and surplus requirements.
Every stock company authorized to do business in the District shall have and shall at all times maintain a paid-up capital stock of not less than $300,000, and a surplus of not less than $300,000. Every domestic mutual company and every domestic reciprocal company shall have and shall at all times maintain a surplus of not less than $300,000 and every foreign or alien mutual company and every foreign or alien reciprocal company shall have and shall at all times maintain a surplus of not less than $400,000.
(Oct. 9, 1940, 54 Stat. 1070, ch. 792, ch. II, § 13; Apr. 16, 1966, 80 Stat. 121, Pub. L. 89-399, § 1(b); Aug. 14, 1973, 87 Stat. 304, Pub. L. 93-89, title IV, § 401.)
Prior Codifications
1981 Ed., § 35-1516.
1973 Ed., § 35-1316.
Section References
This section is referenced in § 26-1301, § 31-308, and § 31-2502.02.
Cross References
Independent certified public accountant, report demonstrating minimum capital and surplus requirement, see § 31-308.
Security, guarantee, indemnity, loan, and mortgage business, capital stock, see § 26-1301.
Surplus required for operation under Lloyd’s plan, see § 31-2502.20a.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.14. Applicability of provisions to existing companies

§ 31–2502.14. Applicability of provisions to existing companies.
No company shall be exempt from the provisions of this chapter by reason of its having been incorporated in the District or elsewhere prior to the effective date of this chapter, except that, in the case of companies authorized in the District on October 9, 1940, and continuously thereafter without any increase of authority, the minimum capital and surplus required of a stock company, and the minimum surplus required of a mutual or reciprocal company, or of a Lloyd’s organization, by the laws of the District heretofore applicable shall not be increased by this chapter, and provided also that in the case of such continuously authorized companies the provisions of § 31-2502.24 relating to the names of companies, and the provisions of § 31-2502.25 relating to the amount of surplus necessary to the issuance of policies having no provision for contingent liability, shall not be applicable.
(Oct. 9, 1940, 54 Stat. 1070, ch. 792, ch. II, § 14; Aug. 14, 1973, 87 Stat. 304, Pub. L. 93-89, title IV, § 401; Feb. 23, 1980, D.C. Law 3-52, § 4, 27 DCR 26.)
Prior Codifications
1981 Ed., § 35-1517.
1973 Ed., § 35-1317.
Section References
This section is referenced in § 31-2502.24 and § 31-2502.25.
References in Text
“The effective date of this chapter,” referred to near the beginning of the section, means the effective date of the Act of October 9, 1940. Section 48 of such Act provided that the Act would become effective 30 days after October 9, 1940.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.15. Formation of domestic companies

§ 31–2502.15. Formation of domestic companies.
Any domestic stock, mutual, or reciprocal company desiring to transact business in the District shall, after complying with the general laws of the District governing the formation of companies or corporations, file with the Commissioner copies of its articles of incorporation, bylaws, charter, proposed forms of policies, and such other information as may be necessary to manifest and explain the organization, objects, and purposes of the company, and to satisfy the Commissioner that such company has complied with the laws of the District regarding the formation of companies. Thereafter, upon application made to the Commissioner upon such forms as the Commissioner shall prescribe, the Commissioner, subject to the provisions of § 31-2502.02, shall issue to the company a certificate of authority to transact business in the District.
(Oct. 9, 1940, 54 Stat. 1071, ch. 792, ch. II, § 15; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-1518.
1973 Ed., § 35-1318.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.16. Acquisition, use and disposition of real estate by domestic companies. [Repealed]

§ 31–2502.16. Acquisition, use and disposition of real estate by domestic companies. [Repealed]
Repealed.
(Oct. 9, 1940, 54 Stat. 1071, ch. 792, ch. II, § 16; May 21, 1997, D.C. Law 11-268, § 10, 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 29(b), 45 DCR 745; Apr. 11, 2003, D.C. Law 14-297, § 401(a), 50 DCR 330.)
Prior Codifications
1981 Ed., § 35-1519.
1973 Ed., § 35-1319.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.17. Power of domestic mutual companies to borrow or assume liability

§ 31–2502.17. Power of domestic mutual companies to borrow or assume liability.
A domestic mutual company may borrow or assume liability for the repayment of a sum of money sufficient to defray the reasonable expenses of its organization or to enable it to comply with any requirement of law or as a surplus fund upon agreement which shall first be submitted to and approved by the Commissioner that such loan or advance with interest at a rate not exceeding 6% per annum shall be repaid only with the approval of the Commissioner whenever in his judgment the company shall be in possession of sufficient surplus in excess of a surplus equal to the amount required by this chapter. Any such loan or advance shall not form a part of the legal liabilities of the company, but until such loan or advance has been repaid all statements published by such company or filed with the Commissioner shall show the amount thereof then remaining unpaid.
(Oct. 9, 1940, 54 Stat. 1071, ch. 792, ch. II, § 17; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-1520.
1973 Ed., § 35-1320.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.18. Investment of funds by domestic companies. [Repealed]

§ 31–2502.18. Investment of funds by domestic companies. [Repealed]
Repealed.
(Oct. 9, 1940, 54 Stat. 1072, ch. 792, ch. II, § 18; July 19, 1954, 68 Stat. 494, ch. 546, § 1; Oct. 3, 1962, 76 Stat. 715, Pub. L. 87-739, § 2; Oct. 30, 1981, D.C. Law 4-50, § 3, 28 DCR 4258; Mar. 9, 1983, D.C. Law 4-174, § 3, 29 DCR 5753; June 13, 1990, D.C. Law 8-141, § 3, 37 DCR 2654; Apr. 11, 2003, D.C. Law 14-297, § 401(a), 50 DCR 330.)
Prior Codifications
1981 Ed., § 35-1521.
1973 Ed., § 35-1321.
Editor's Notes
Home Owners’ Loan Corporation abolished: The Home Owners’ Loan Corporation, referred to in paragraph (9) of subsection (a), was dissolved by order of the Secretary of the Home Loan Bank Board, effective February 3, 1954, pursuant to the Act of June 30, 1953, 67 Stat. 121.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.19. Exclusive agency contracts of domestic companies

§ 31–2502.19. Exclusive agency contracts of domestic companies.
No domestic company authorized to do an insurance business in the District shall have or make any contract with any person whereby such person is granted the exclusive right or privilege to solicit, procure, write, produce, or manage the entire insurance business of such company, or to collect premiums therefor, unless such contract is filed with and approved in writing by the Commissioner. The Commissioner shall not approve any such contract which:
(1) Subjects the company to excessive charges for expenses or commissions; or
(2) Gives to such person the right to manage any of the affairs of such company or the exclusive right to solicit, procure, write, or produce the entire insurance business for such company, or to collect the premiums therefor for such unreasonable period as may jeopardize the interests or security of the company’s policyholders.
(Oct. 9, 1940, 54 Stat. 1073, ch. 792, ch. II, § 19; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-1522.
1973 Ed., § 35-1322.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.20. Authority to transact business — Foreign or alien companies

§ 31–2502.20. Authority to transact business — Foreign or alien companies.
Upon complying with the provisions of this chapter, a foreign or alien company organized as a stock, mutual, or reciprocal company, or as a Lloyd’s organization, but not otherwise, may be authorized by certificate of authority to transact in the District the kind or kinds of business which a domestic company similarly organized may be authorized to transact under this chapter. Such certificate of authority shall be issued as provided under § 31-2502.02. The issuance of a certificate of authority to a Lloyd’s organization shall be subject to the provisions of § 31-2502.20a. Any company chartered by special act of the legislature of its state of domicile prior to the effective date of this chapter, as provided in § 48 of this act, as a company without capital stock but doing business exclusively on the stock plan and maintaining at all times a surplus of not less than $300,000 shall, in the administration of this chapter, be considered as a stock company.
(Oct. 9, 1940, 54 Stat. 1073, ch. 792, ch. II, § 20; June 27, 1960, 74 Stat. 222, Pub. L. 85-526, § 1.)
Prior Codifications
1981 Ed., § 35-1523.
1973 Ed., § 35-1323.
References in Text
“Section 48 of this act,” referred to in the last sentence of this section, means § 48 of the Act of October 9, 1940, which provided that such Act would be effective 30 days after October 9, 1940.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.21. Procurement of certificate of authority by foreign or alien companies — Application forms

§ 31–2502.21. Procurement of certificate of authority by foreign or alien companies — Application forms.
A foreign or alien company, in order to procure a certificate of authority to transact business in the District, shall make application therefor to the Commissioner on forms prescribed and furnished by the Commissioner. Such forms shall be executed for the company, by its president or vice-president, or executive officer corresponding thereto, and verified by such officer, and if a corporation the corporate seal shall be thereto affixed, attested by its secretary or other proper officer.
(Oct. 9, 1940, 54 Stat. 1074, ch. 792, ch. II, § 21; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-1525.
1973 Ed., § 35-1325.
Section References
This section is referenced in § 31-5326.
Cross References
Foreign or alien fraternal benefit society, admission, see § 31-5326.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.23. Service of process upon foreign or alien companies. [Repealed]

§ 31–2502.23. Service of process upon foreign or alien companies. [Repealed]
Repealed.
(Mar. 21, 1995, D.C. Law 10-233, § 12, 42 DCR 24.)
Prior Codifications
1981 Ed., § 35-1527.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.24. Names or designations used by mutual companies and reciprocal or interinsurance exchanges

§ 31–2502.24. Names or designations used by mutual companies and reciprocal or interinsurance exchanges.
Except as otherwise provided in § 31-2502.14, no mutual company shall be authorized to transact business in the District unless the name of such company shall include the word “mutual,” and no reciprocal or interinsurance exchange shall be authorized to transact business in the District unless the name or designation under which reciprocal or interinsurance contracts are to be exchanged shall include the words “reciprocal” or “interinsurance exchange,” or be supplemented by the following words immediately below the name or designation under which such contracts are exchanged: “A reciprocal” or “an interinsurance exchange.”
(Oct. 9, 1940, 54 Stat. 1076, ch. 792, ch. II, § 24.)
Prior Codifications
1981 Ed., § 35-1528.
1973 Ed., § 35-1328.
Section References
This section is referenced in § 31-2502.14.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.25. Premiums of mutual companies

§ 31–2502.25. Premiums of mutual companies.
The maximum premium shall be expressed in the policy of a mutual company, and it may be solely a cash premium, or may be a cash premium and an additional contingent premium, which contingent premium shall be not less than the cash premium, but no mutual company, except as otherwise provided in § 31-2502.14, shall issue any policy for a cash premium without an additional contingent premium until and unless it possesses a surplus of not less than $600,000.
(Oct. 9, 1940, 54 Stat. 1076, ch. 792, ch. II, § 25; Aug. 14, 1973, 87 Stat. 305, Pub. L. 93-89, title IV, § 401.)
Prior Codifications
1981 Ed., § 35-1529.
1973 Ed., § 35-1329.
Section References
This section is referenced in § 31-2502.14.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.26. Company reserves. [Repealed]

§ 31–2502.26. Company reserves. [Repealed]
Repealed.
(Oct. 9, 1940, 54 Stat. 1076, ch. 792, ch. II, § 26; Apr. 11, 2003, D.C. Law 14-297, § 401(a), 50 DCR 330.)
Prior Codifications
1981 Ed., § 35-1530.
1973 Ed., § 35-1330.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.26a. Actuarial opinion of reserves

§ 31–2502.26a. Actuarial opinion of reserves.
(a) Every property and casualty insurance company doing business in the District, unless otherwise exempted by the Commissioner, shall annually submit the opinion of an actuary appointed by the company entitled “Statement of Actuarial Opinion.” The opinion shall be prepared and filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions.
(b)(1) Every property and casualty insurance company domiciled in the District that is required to submit a Statement of Actuarial Opinion shall annually submit a summary entitled “Actuarial Opinion Summary,” written by the actuary appointed by the company. The Actuarial Opinion Summary shall be prepared and filed in accordance with the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions and shall be a document supporting the Statement of Actuarial Opinion required by subsection (a) of this section.
(2) A company licensed but not domiciled in the District shall provide the Actuarial Opinion Summary upon request.
(c)(1) A report entitled “Actuarial Report” and underlying workpapers as required by the appropriate National Association of Insurance Commissioners Property and Casualty Annual Statement Instructions shall be prepared to support each Statement of Actuarial Opinion.
(2) If the company fails to provide a supporting Actuarial Report or workpapers at the request of the Commissioner or the Commissioner determines that the supporting Actuarial Report or workpapers provided by the company have been improperly prepared or are otherwise unacceptable, the Commissioner may engage a qualified actuary at the expense of the company to review the Statement of Actuarial Opinion and the basis for the opinion and prepare the supporting Actuarial Report or workpapers.
(d) The actuary appointed by the company shall not be liable for damages to any person other than the insurance company and the Commissioner for any act, error, omission, decision, or conduct with respect to the actuary’s opinion, except in cases of fraud, willful misconduct, or gross negligence on the part of the actuary.
(Oct. 9, 1940, 54 Stat. 1076, ch. 792, ch. II, § 26a; as added Mar. 20, 2009, D.C. Law 17-289, § 2, 55 DCR 12619.)
Section References
This section is referenced in § 31-3931.13.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.27. Filing and approval of policy forms

§ 31–2502.27. Filing and approval of policy forms.
The Commissioner may require that all policy forms used by every company covering 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 the requirement of the law of the District. If a policy form is not disapproved for use within the 60-day period described above, the Commissioner may not disapprove it for use unless it does not comply with the requirements of the law of the District.
(Oct. 9, 1940, 54 Stat. 1076, ch. 792, ch. II, § 27; Feb. 27, 1996, D.C. Law 11-90, § 9(b), 42 DCR 7155; Sept. 20, 1996, D.C. Law 11-160, § 3, 43 DCR 3722; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-1531.
1973 Ed., § 35-1331.
Emergency Legislation
For temporary amendment of section, see § 10(b) of the Insurance Omnibus Emergency Amendment Act of 1995 (D.C. Act 11-48, May 15, 1995, 42 DCR 2544) and § 9(b) of the Insurance Omnibus Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-97, July 19, 1995, 42 DCR 3844).
Temporary Legislation
For temporary (225 day) amendment of section, see § 9(b) of Insurance Omnibus Temporary Amendment Act of 1995 (D.C. Law 11-36, September 8, 1995, law notification 42 DCR 5305).
Editor's Notes
Report by Commissioner of Insurance and Securities: Section 5 of D.C. Law 11-160 provided that “Within two years of September 20, 1996, the Commissioner of Insurance and Securities shall prepare and submit to the Council of the District of Columbia for its review a report on the impact of this act on the private passenger motor vehicle insurance market or any part thereof, the funding for the Office of Insurance, the District of Columbia insurance premium tax, the number of insurers doing business in the District, and the number of insurers domiciled in the District of Columbia. In preparing such report, the Commissioner may request from specific private passenger motor vehicle insurers doing business in the District, or from all such insurers, reasonable and pertinent information. Information which is proprietary to any affected insurer shall be treated as confidential by the Commissioner, but may be used in the aggregate with other information from other affected insurers for statistical or other reporting purposes.”
Department of Insurance abolished: See Historical and Statutory Notes following § 31-2501.03.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.28. Rate and form filing requirements for accident and health policies

§ 31–2502.28. Rate and form filing requirements for accident and health policies.
The Commissioner may require that the provisions and conditions contained in any policy of insurance against loss or damage from sickness or bodily injury or death of the insured by accident issued by, and the rate-making and filing obligations of, any company authorized by this chapter to transact business in the District be made to conform to the requirements prescribed under § 31-4712.
(Oct. 9, 1940, 54 Stat. 1076, ch. 792, ch. II, § 28; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730; Apr. 8, 2011, D.C. Law 18-360, § 501, 58 DCR 896; Sept. 26, 2012, D.C. Law 19-171, § 87, 59 DCR 6190.)
Prior Codifications
1981 Ed., § 35-1532.
1973 Ed., § 35-1332.
Effect of Amendments
D.C. Law 18-360, in the section heading, substituted “Rate and form filing requirements for” for “Required provisions in”; and substituted “issued by, and the rate-making and filing obligations of,” for “issued by”.
The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-360 which did not affect this section as codified.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.29. Discriminations prohibited

§ 31–2502.29. Discriminations prohibited.
Discrimination between individual risks of the same class or hazard in the amount of premiums or rates charged for any policy, or in the benefits or amount of insurance payable thereon, or in any of the terms or conditions of such policy, or in any other manner whatsoever, is prohibited, and the Commissioner is empowered after investigation to order removed at such time and in such manner as he shall specify any such discrimination which his investigation may reveal.
(Oct. 9, 1940, 54 Stat. 1077, ch. 792, ch. II, § 29; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-1533.
1973 Ed., § 35-1333.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.30. Powers of agents, salaried employees and brokers. [Repealed]

§ 31–2502.30. Powers of agents, salaried employees and brokers. [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., § 35-1534.
Editor's Notes
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends this section subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.31. Compensation of unlicensed persons prohibited

§ 31–2502.31. Compensation of unlicensed persons prohibited.
No company, policy-writing agent, soliciting agent, broker, or salaried employee shall pay any money or commission or brokerage or give or allow any valuable consideration to any person for or because of service in the District in negotiating or effecting a policy on any person, property, business activity, or insurable interest in the District, unless said person is duly licensed in conformity with this chapter as a broker or as an agent or salaried employee of the company issuing the policy. This section shall not apply to contracts of reinsurance, and shall not apply to persons and kinds of insurance exempted under § 31-2502.38.
(Oct. 9, 1940, 54 Stat. 1077, ch. 792, ch. II, § 31.)
Prior Codifications
1981 Ed., § 35-1535.
1973 Ed., § 35-1335.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.32. Procedure for obtaining licenses [Repealed]

§ 31–2502.32. Procedure for obtaining licenses [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1536 to 35-1541.
Editor's Notes
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends former §§ 35-1536, 35-1538, 35-1539, and 35-1540 1981 Ed. subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.33. Effective dates [Repealed]

§ 31–2502.33. Effective dates [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1536 to 35-1541.
Editor's Notes
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends former §§ 35-1536, 35-1538, 35-1539, and 35-1540 1981 Ed. subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.34. Temporary transfer of licenses [Repealed]

§ 31–2502.34. Temporary transfer of licenses [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1536 to 35-1541.
Editor's Notes
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends former §§ 35-1536, 35-1538, 35-1539, and 35-1540 1981 Ed. subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.35. Renewal of licenses [Repealed]

§ 31–2502.35. Renewal of licenses [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1536 to 35-1541.
Editor's Notes
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends former §§ 35-1536, 35-1538, 35-1539, and 35-1540 1981 Ed. subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.36. Revocation and suspension of licenses [Repealed]

§ 31–2502.36. Revocation and suspension of licenses [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1536 to 35-1541.
Editor's Notes
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends former §§ 35-1536, 35-1538, 35-1539, and 35-1540 1981 Ed. subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.37. Unauthorized solicitation or representation [Repealed]

§ 31–2502.37. Unauthorized solicitation or representation [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1536 to 35-1541.
Editor's Notes
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends former §§ 35-1536, 35-1538, 35-1539, and 35-1540 1981 Ed. subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.38. Exceptions to licensing provisions

§ 31–2502.38. Exceptions to licensing provisions.
The provisions of this chapter relating to the licensing of policy-writing agents, soliciting agents, salaried company employees, and brokers shall not apply to the sale of personal accident insurance in the ticket offices of railroad companies or other common carriers, or in the offices of travel bureaus, nor to the business of ocean marine insurance, nor to insurance covering the property of railroad companies and other common carriers engaged in interstate commerce.
(Oct. 9, 1940, 54 Stat. 1080, ch. 792, ch. II, § 38; Feb. 22, 1958, 72 Stat. 26, Pub. L. 85-334, § 9.)
Prior Codifications
1981 Ed., § 35-1542.
1973 Ed., § 35-1342.
Section References
This section is referenced in § 31-2502.31.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.39. Persons not to act for unauthorized companies

§ 31–2502.39. Persons not to act for unauthorized companies.
Except as provided in § 31-2502.40, no person shall act as agent in the District for any company which is not authorized to do business in the District, nor shall any person directly or indirectly negotiate for or solicit applications for policies of, or for membership in, any company which is not authorized to do business in the District. The term “company” as used in this section shall include any association, society, company, corporation, joint-stock company, individual, partnership, trustee, or receiver engaged in the business of assuming risks of insurance, surety, or indemnity, and any Lloyd’s organization, assessment, or cooperative fire company, or any reciprocal or interinsurance exchange and any company, association, or society, whether organized for profit or not, conducting a business, including any of the principles or features of insurance, surety, or indemnity. Any person who violates any provision of this section upon conviction shall be fined not less than $100 nor more than $1,000 for each offense, or be imprisoned for not more than 12 months, or both, and any such person shall be personally liable to any resident of the District having claim against any such unauthorized company under any policy which said person has solicited or negotiated, or has aided in soliciting or negotiating; provided, that the provisions of this section shall not apply to any person who negotiates with an unauthorized company for policies covering his own property or interests, nor shall the provisions of this section apply to the officers, agents, or representatives of any company which is in process of organization under the laws of the District, and which is authorized temporarily to solicit or secure memberships or applications for policies for the purpose of completing such organization. Prosecutions for violations of this section shall be upon information filed in the Superior Court of the District of Columbia by the Corporation Counsel or any of his assistants.
(Oct. 9, 1940, 54 Stat. 1080, ch. 792, ch. II, § 39; Feb. 22, 1958, 72 Stat. 26, Pub. L. 85-334, § 10; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
Prior Codifications
1981 Ed., § 35-1543.
1973 Ed., § 35-1343.
Section References
This section is referenced in § 31-231 and § 31-1131.08.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.41. License fees

§ 31–2502.41. License fees.
(a) Annual fees to be paid through the Commissioner to the District of Columbia for licenses issued under this chapter shall include a $250 annual renewal fee for registration and certification for Risk Retention and Purchasing Groups and any other fee established pursuant to subsection (e) of this section.
(b) Repealed.
(c) Repealed.
(d) Repealed.
(e) The Commissioner may promulgate rules to establish and amend all producer and license fees.
(Oct. 9, 1940, 54 Stat. 1081, ch. 792, ch. II, § 41; Feb. 23, 1980, D.C. Law 3-52, § 6, 27 DCR 26; June 14, 1994, D.C. Law 10-128, § 403(a), 41 DCR 2096; Apr. 18, 1996, D.C. Law 11-110, § 61(a), 43 DCR 530; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 29(c), 45 DCR 745; Mar. 8, 2007, D.C. Law 16-232, § 202(c), 54 DCR 368.)
Prior Codifications
1981 Ed., § 35-1545.
1973 Ed., § 35-1345.
Effect of Amendments
D.C. Law 16-232 rewrote subsecs. (a) and (e), and repealed subsec. (b) to (d).
Cross References
Refund of fees when license refused, see § 47-1318.
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 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.42. Violations of provisions

§ 31–2502.42. Violations of provisions.
(a) Any person who violates any of the provisions of this chapter, or fails to comply with any duty imposed upon such person by any of the provisions of this chapter, for which violation or failure no penalty is elsewhere provided by this chapter, or by the laws of the District, shall, upon conviction thereof, be fined for each offense not exceeding $1,000 or be imprisoned for not more than 12 months, or both. Prosecutions authorized by this section shall be upon information filed in the Superior Court of the District of Columbia by the Corporation Counsel or any of his assistants.
(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
(Oct. 9, 1940, 54 Stat. 1082, ch. 792, ch. II, § 43; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Oct. 5, 1985, D.C. Law 6-42, § 447(c), 32 DCR 4450; Mar. 8, 1991, D.C. Law 8-237, § 2(r)(3), 38 DCR 314.)
Prior Codifications
1981 Ed., § 35-1546.
1973 Ed., § 35-1347.
Section References
This section is referenced in § 31-1103 and § 31-5111.
Cross References
Violation of credit life, accident, and health insurance provisions, penalties, see § 31-5111.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.43. Appeals from Commissioner to Mayor [Repealed]

§ 31–2502.43. Appeals from Commissioner to Mayor [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1547 to 35-1549.
Editor's Notes
Former § 35-1547 1981 Ed. was also amended by D.C. Law 11-268, § 10(r)(2), eff. May 21, 1997. D.C. Law 11-268 amended former § 35-1547 1981 Ed. by substituting “Commissioner” for “Superintendent” in the first sentence.
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends § 35-1547 1981 Ed. subsequent to repeal.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 25 - Fire, Casualty, and Marine Insurance › Subchapter II - Powers and Duties of the Commissioner › § 31–2502.44. Court proceedings [Repealed]

§ 31–2502.44. Court proceedings [Repealed]
Repealed.
(April 9, 1997, D.C. Law 11-227, § 16(c), 44 DCR 140.)
Prior Codifications
1981 Ed., §§ 35-1547 to 35-1549.
Editor's Notes
Former § 35-1547 1981 Ed. was also amended by D.C. Law 11-268, § 10(r)(2), eff. May 21, 1997. D.C. Law 11-268 amended former § 35-1547 1981 Ed. by substituting “Commissioner” for “Superintendent” in the first sentence.
D.C. Law 11-268, § 10(r)(2) ( 44 DCR 1730), eff. May 21, 1997, amends § 35-1547 1981 Ed. subsequent to repeal.