reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4709. Policy provisions required by foreign government entities

§ 31–4709. Policy provisions required by foreign government entities.
The policies of a life company, not organized under the laws of the District, may contain any provisions prescribed by the laws of the state, territory, district, or country, under which the company is organized. The policies of a life company, organized under the laws of the District, may, when issued or delivered in any state, territory, district, or country, contain any provisions required by the laws of the state, territory, district, or country in which the same are issued or delivered, anything in this subdivision to the contrary notwithstanding.
(June 19, 1934, 48 Stat. 1164, ch. 672, ch. V, § 9.)
Prior Codifications
1981 Ed., § 35-513.
1973 Ed., § 35-709.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4710. Group policies — General requirements. [Repealed]

§ 31–4710. Group policies — General requirements. [Repealed]
Repealed.
(June 19, 1934, 48 Stat. 1164, ch. 672, ch. V, § 10; July 2, 1940, 54 Stat. 726, ch. 518; July 12, 1950, 64 Stat. 330, ch. 457, § 1; July 5, 1960, 74 Stat. 315, 316, Pub. L. 86-579, §§ 1-5; Sept. 14, 1961, 75 Stat. 519, Pub. L. 87-249, § 1; Oct. 23, 1962, 76 Stat. 1131, Pub. L. 87-855, §§ 1, 2; Sept. 20, 1966, 80 Stat. 821, Pub. L. 89-594, § 1; Aug. 14, 1973, 87 Stat. 304, Pub. L. 93-89, title III, § 301; Feb. 23, 1980, D.C. Law 3-52, § 3, 27 DCR 26; Dec. 10, 1981, D.C. Law 4-55, § 2, 28 DCR 4649; May 10, 1989, D.C. Law 7-231, § 43, 36 DCR 492; Feb. 5, 1994, D.C. Law 10-68, § 31, 40 DCR 6311; Nov. 13, 2003, D.C. Law 15-39, § 2302(a), 50 DCR 5668.)
Prior Codifications
1981 Ed., § 35-514.
1973 Ed., § 35-710.
Effect of Amendments
D.C. Law 15-39 repealed this section.
Emergency Legislation
For temporary (90 day) repeal of section, see § 2202(a) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) repeal of section, see § 2202(a) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
Short Title
Short title of title XXIII of Law 15-39: Section 2301 of D.C. Law 15-39 provided that title XXIII of the act may be cited as the Life Insurance Amendment Act of 2003.
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 401 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 a single Commissioner. 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 47 - Provisions Relating to All Life Insurance Companies › § 31–4711.01. Group policies — Right to, and notice of, issuance of individual policy

§ 31–4711.01. Group policies — Right to, and notice of, issuance of individual policy.
(a) If any individual insured under a group life insurance policy hereafter delivered in the District becomes entitled under the terms of such policy to have an individual policy of life insurance issued to him without evidence of insurability, subject to making of application and payment of the 1st premium within the period specified in such policy, and if such individual is not given notice of the existence of such right at least 15 days prior to the expiration date of such period, then, in such event, the individual shall have an additional period within which to exercise such right, but nothing herein contained shall be construed to continue any insurance beyond the period provided in such policy. This additional period shall expire 15 days next after the individual is given such notice but in no event shall such additional period extend beyond 60 days next after the expiration date of the period provided in such policy. Written notice presented to the individual or mailed by the policyholder to the last known address of the individual or mailed by the insurer to the last known address of the individual as furnished by the policyholder shall constitute notice for the purpose of this subsection.
(b) Except as provided in this chapter it shall be unlawful to make a contract of life insurance for a group in the District.
(June 19, 1934, ch. 672, ch. V, § 11(a); as added July 12, 1950, 64 Stat. 333, ch. 457, § 2.)
Prior Codifications
1981 Ed., § 35-516.
1973 Ed., § 35-711a.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4713. Prohibited activities — Securities operations. [Repealed]

§ 31–4713. Prohibited activities — Securities operations. [Repealed]
Repealed.
(June 19, 1934, 48 Stat. 1173, ch. 672, ch. V, § 13; May 21, 1997, D.C. Law 11-268, § 10(j), 44 DCR 1730; Apr. 3, 2001, D.C. Law 13-265, § 126(a), 48 DCR 1225; redesignated § 301, Oct. 19, 2002, D.C. Law 14-213, § 20(b), 49 DCR 8140.)
Prior Codifications
1981 Ed., § 35-518.
1973 Ed., § 35-713.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4714. Prohibited activities—Misrepresentations. [Repealed]

§ 31–4714. Prohibited activities—Misrepresentations. [Repealed]
Repealed.
(June 19, 1934, 48 Stat. 1174, ch. 672, ch. V, § 14; May 21, 1997, D.C. Law 11-268, § 10(j), 44 DCR 1730; Apr. 3, 2001, D.C. Law 13-265, § 126(a), 48 DCR 1225; redesignated § 301, Oct. 19, 2002, D.C. Law 14-213, § 20(b), 49 DCR 8140.)
Prior Codifications
1981 Ed., § 35-519.
1973 Ed., § 35-714.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-4701.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4715. Prohibited activities—Discriminations. [Repealed]

§ 31–4715. Prohibited activities—Discriminations. [Repealed]
Repealed.
(June 19, 1934, 48 Stat. 1174, ch. 672, ch. V, § 15; Apr. 3, 2001, D.C. Law 13-265, § 126(a), 48 DCR 1225; redesignated § 301, Oct. 19, 2002, D.C. Law 14-213, § 20(b), 49 DCR 8140.)
Prior Codifications
1981 Ed., § 35-520.
1973 Ed., § 35-715.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4716.01. Exemption from legal process — Disability benefits

§ 31–4716.01. Exemption from legal process — Disability benefits.
No money or other benefit paid, provided, allowed, or agreed to be paid by any company on account of the disability from injury or sickness of any insured person shall be liable to execution, attachment, garnishment, or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law, to pay any debt or liability of such insured person whether such debt or liability was incurred before or after the commencement of such disability, but the provisions of this section shall not affect the assignability of any such disability benefit otherwise assignable, nor shall this section apply to any money income disability benefit in an action to recover for necessaries contracted for after the commencement of disability covered by the disability clause or contract allowing such money income benefit.
(June 19, 1934, 48 Stat. 1175, ch. 672, ch. V, § 16a.)
Prior Codifications
1981 Ed., § 35-522.
1973 Ed., § 35-717.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4717. Exemption from legal process — Group life policy or proceeds

§ 31–4717. Exemption from legal process — Group life policy or proceeds.
No policy of group life insurance, nor the proceeds thereof when paid to any employee or employees thereunder, shall be liable to attachment, garnishment, or other process, or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law, to pay any debt or liability of such employee, or his beneficiary, or any other person who may have a right thereunder, either before or after payment; nor shall the proceeds thereof, when not made payable to a named beneficiary, constitute a part of the estate of the employee for the payment of his debts.
(June 19, 1934, 48 Stat. 1176, ch. 672, ch. V, § 17.)
Prior Codifications
1981 Ed., § 35-523.
1973 Ed., § 35-718.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4718. Fraudulent statements or representations against companies. [Repealed]

§ 31–4718. Fraudulent statements or representations against companies. [Repealed]
Repealed.
(June 19, 1934, 48 Stat. 1176, ch. 672, ch. V, § 18; Apr. 3, 2001, D.C. Law 13-265, § 126(a), 48 DCR 1225; redesignated § 301, Oct. 19, 2002, D.C. Law 14-213, § 20(b), 49 DCR 8140.)
Prior Codifications
1981 Ed., § 35-524.
1973 Ed., § 35-719.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4719. Authority to hold proceeds under trust or agreement

§ 31–4719. Authority to hold proceeds under trust or agreement.
Any life company licensed under the laws of the District shall have power to hold the proceeds of any policy issued by it under a trust or other agreement upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries and with such exemptions from the claims of creditors or beneficiaries other than the policyholder as shall have been agreed to in writing by such company and the policyholder. Such insurance company shall not be required to segregate funds so held, but may hold them as a part of its general corporate assets.
(June 19, 1934, 48 Stat. 1176, ch. 672, ch. V, § 19.)
Prior Codifications
1981 Ed., § 35-525.
1973 Ed., § 35-720.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4720. Calculations of premiums and reserves

§ 31–4720. Calculations of premiums and reserves.
If in any contract year the gross premium charged by any life insurance company on any policy or contract subject to § 31-4701(a)(1) is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for such policy or contract shall be the greater of either the reserve calculated according to the mortality table, rate of interest, and method actually used for such policy or contract, or the reserve calculated by the method actually used for such policy or contract but using the minimum standards of mortality and rate of interest and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in this section are those standards stated in § 31-4701(c)(3) and (d); provided, that for any life insurance policy issued on or after January 1, 1987, for which the gross premium in the 1st policy year exceeds that of the 2nd year and for which no comparable additional benefit is provided in the 1st year for such excess and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than such excess premium, the foregoing provisions of this section shall be applied as if the method actually used in calculating the reserve for such policy were the method described in § 31-4701(c)(5), ignoring subsection (c)(5)(B) of § 31-4701. The minimum reserve at each policy anniversary of such a policy shall be the greater of the minimum reserve calculated in accordance with § 31-4701(c)(5), including subsection (c)(5)(B) of § 31-4701, and the minimum reserve calculated in accordance with this section.
(June 19, 1934, 48 Stat. 1176, ch. 672, ch. V, § 20; Oct. 13, 1978, D.C. Law 2-120, § 10, 25 DCR 1519; Mar. 14, 1985, D.C. Law 5-160, § 3(g), 32 DCR 39; Apr. 11, 2019, D.C. Law 22-286, § 2(c), 66 DCR 1637.)
Prior Codifications
1981 Ed., § 35-526.
1973 Ed., § 35-721.
Section References
This section is referenced in § 31-4701.
Editor's Notes
References in D.C. Law 5-160 in § 31-4701 and in this section have been translated accurately to reflect the D.C. Code numbering system for § 31-4701(c). It should be noted, however, that the numbering system used by the D.C. Code and the numbering system used by the Organic Law differ markedly.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4721. Acceptance and recordation of premiums on industrial life or sick-benefit policies

§ 31–4721. Acceptance and recordation of premiums on industrial life or sick-benefit policies.
(a) No industrial insurance company or agent thereof shall accept any money in payment of premiums which are in arrears on any industrial life or industrial sick-benefit insurance policy which has lapsed and which the insured seeks to reinstate, unless such payment shall amount at least to the total of all premiums in arrears or unless such payment shall, under the regulations of the company, make the policy immediately eligible for reinstatement, subject only to evidence of insurability.
(b) Every current premium shall be correctly recorded by the agent or by the company in the premium receipt book of the insured at the time the premium is paid.
(c) Every advance premium paid by an industrial life or industrial sick-benefit policyholder shall be recorded in the receipt book of the insured in exactly the same manner as current premiums are recorded, and accurate entry thereof shall be made in the record book of the agent; provided, however, that failure so to do shall not invalidate the policy.
(June 19, 1934, ch. 672, ch. V, § 21; May 4, 1950, 64 Stat. 104, ch. 157, § 7.)
Prior Codifications
1981 Ed., § 35-527.
1973 Ed., § 35-722.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4723. Industrial life policies — Prohibited provisions

§ 31–4723. Industrial life policies — Prohibited provisions.
No policy of industrial life insurance shall be delivered or issued for delivery, in the District, if it contains any of the following provisions:
(1) A provision limiting the time within which any action at law or in equity may be commenced to less than 3 years after the cause of action shall accrue;
(2) Except for provisions relating to misstatement of age, suicide, aviation, and military or naval service in time of war, a provision for any mode of settlement at maturity, after the expiration of the contestable period of the policy, of less value than the amount insured on the face of the policy plus dividend additions, if any, less any indebtedness to the company on or secured by the policy, and less any premium that may, by the terms of the policy, be deducted. This paragraph shall not apply to any nonforfeiture provision;
(3) A provision for forfeiture of the policy for failure to repay any loan on the policy, or to pay interest on such loan, while the total indebtedness on the policy, including interest, is less than the loan value thereof;
(4) A provision to the effect that the agent soliciting the insurance is the agent of the person insured under said policy, or making the acts or representations of such agent binding upon the person so insured under said policy;
(5) A provision permitting the payment of funeral benefits in merchandise or services, or permitting the payment of any benefits other than in lawful money of the United States;
(6) A provision whereby the benefits or any part thereof accruing under such policy upon the death of a person insured may be paid to any designated undertaker or undertaking firm or corporation or to any person or persons engaged in or connected with such business, without the written consent of the person or persons to whom such benefits would otherwise be paid, or so as in any way to deprive the personal representative or family of the deceased of the advantages of competition in procuring and purchasing supplies and services in connection with the burial of the person insured; or
(7) A provision that the liability of the company by reason of the insured’s death shall be limited to less than the face amount of the policy if the death of the insured results from a specified kind or character of disease.
(June 19, 1934, ch. 672, ch. V, § 23; May 8, 1950, 64 Stat. 104, ch. 157, § 7.)
Prior Codifications
1981 Ed., § 35-529.
1973 Ed., § 35-724.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4724. Access to psychologists or optometrists under group health insurance policy

§ 31–4724. Access to psychologists or optometrists under group health insurance policy.
(a) No policy of group health insurance shall be delivered or issued in the District of Columbia or be issued or amended to cover any resident of the District of Columbia if it contains a provision which would restrict access to psychologists or optometrists. When a policy relating to group health insurance requires payment or reimbursement for services which may be performed by a duly licensed psychologist or optometrist, any person covered by the policy shall be free to select and have direct access to such psychologist or optometrist without supervision or referral by a practitioner of the healing art and shall be entitled under the policy to have payment or reimbursement made for services performed.
(b) No policy of group health insurance shall be delivered or issued in the District or be issued or amended to cover any resident of the District if it does not contain a provision which:
(1) For a policy issued or renewed after April 15, 1995, covers a minor grandchild, niece, or nephew of an employee of the District of Columbia if the minor grandchild, niece, or nephew is under the primary care of the insured, and if the legal guardian of the minor grandchild, niece, or nephew, if other than the insured, is not covered by an accident or sickness policy. For the purposes of this paragraph, the term “primary care” means that the insured provides food, clothing, and shelter, on a regular and continuous basis, for the minor grandchild, niece, or nephew during the time that the District of Columbia public schools are in regular session; and
(2) For a policy issued or renewed after April 15, 1996, covers a minor grandchild, niece, or nephew under the primary care of the insured, and if the legal guardian of the minor grandchild, niece, or nephew, if other than the insured, is not covered by an accident or sickness policy. For the purposes of this paragraph, the term “primary care” means that the insured provides food, clothing, and shelter, on a regular and continuous basis, for the minor grandchild, niece or nephew during the time that the District of Columbia public schools are in regular session.
(June 19, 1934, 48 Stat. 1156, ch. 672, ch. V, § 24; as added Feb. 11, 1982, D.C. Law 4-66,§ 2(b), 28 DCR 5040; Aug. 25, 1994, D.C. Law 10-158, § 3, 41 DCR 4881.)
Prior Codifications
1981 Ed., § 35-530.
Section References
This section is referenced in § 31-3503 and § 31-4712.
Cross References
Hospital and medical services corporations, applicability of this section, see § 31-3503.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4726. Commissioner’s review of test

§ 31–4726. Commissioner’s review of test.
(a) The Commissioner, in his discretion, may, under subsection (b) of this section, permit the use of a form that scores inadequately under § 31-4725(a)(1).
(b) Before the Commissioner permits the use of inadequately scoring forms, the Commissioner shall find that:
(1) A lower score more accurately reflects the readability of the form.
(2) The particular nature of the form or of a type of form warrants a lower passing score than required by § 31-4725(a)(1).
(3) Policy language drafted to conform with state law or state agency interpretation of the law has impaired the readability of the rest of the policy or has otherwise lowered the score for the rest of the policy.
(June 19, 1934, ch. 672, ch. V, § 26; as added Mar. 14, 1985, D.C. Law 5-160, § 3(h), 32 DCR 39; Feb. 24, 1987, D.C. Law 6-192, § 25(i), 33 DCR 7836; May 21, 1997, D.C. Law 11-268, § 10, 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 23(e), 45 DCR 745.)
Prior Codifications
1981 Ed., § 35-532.
Section References
This section is referenced in § 31-4725 and § 31-4730.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4727. Applicability of §§ 31-4725 through 31-4730

§ 31–4727. Applicability of §§ 31-4725 through 31-4730.
(a) Except as provided in subsection (b) of this section, §§ 31-4725 through 31-4730 shall apply to all policies used in the District of Columbia.
(b) Sections 31-4725 through 31-4730 shall not apply to the following:
(1) A policy which is a security under federal legislative jurisdiction.
(2)(A) Except as provided in subparagraph (B) of this paragraph, a group policy covering 1,000 or more lines when issued, other than a group credit life insurance policy or a group credit health insurance policy.
(B) No certificate issued pursuant to a group policy used in the District of Columbia may be exempt.
(3) A group annuity contract which finances pension, profit-sharing, or deferred compensation plans.
(4) A form used in connection with a contractual provision for a policy on a form permitted to be issued before the approval dates in § 31-4730 for similar forms.
(5) The renewal of a policy used before the approval dates in § 31-4730 for similar forms.
(June 19, 1934, ch. 672, ch. V, § 27; as added Mar. 14, 1985, D.C. Law 5-160, § 3(h), 32 DCR 39; Feb. 24, 1987, D.C. Law 6-192, § 25(j), 33 DCR 7836.)
Prior Codifications
1981 Ed., § 35-533.
Section References
This section is referenced in § 31-4725 and § 31-4730.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4728. Regulations

§ 31–4728. Regulations.
The Mayor shall issue rules to implement the provisions of this chapter pursuant to subchapter I of Chapter 5 of Title 2.
(June 19, 1934, ch. 672, ch. V, § 28; as added Mar. 14, 1985, D.C. Law 5-160, § 3(h), 32 DCR 39.)
Prior Codifications
1981 Ed., § 35-534.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4729. Construction of §§ 31-4725 through 31-4730

§ 31–4729. Construction of §§ 31-4725 through 31-4730.
Sections 31-4725 through 31-4730 shall not be construed to invalidate a law permitting the use of a policy form which has been filed for the period required by local legislation governing the forms of policies.
(June 19, 1934, ch. 672, ch. V, § 29; as added Mar. 14, 1985, D.C. Law 5-160, § 3(h), 32 DCR 39.)
Prior Codifications
1981 Ed., § 35-535.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 47 - Provisions Relating to All Life Insurance Companies › § 31–4730. Operative dates of §§ 31-4725 through 31-4730

§ 31–4730. Operative dates of §§ 31-4725 through 31-4730.
(a)(1) Except as described in § 31-4727, §§ 31-4725 through 31-4730 apply to policy forms filed 2 years after March 14, 1985.
(2) No form shall be used in the District of Columbia 5 years after March 14, 1985, unless the form complies with § 31-4725 or unless the Commissioner approves the form under § 31-4726.
(3)(A) A form permitted to be used before 5 years after March 14, 1985, and complying with § 31-4725 need not be refiled to be approved under either § 31-4725 or § 31-4726.
(B) The forms described in subparagraph (A) of this paragraph may be used in the District of Columbia after the company files with the Commissioner a list of the forms used by the company and qualifying for the subparagraph (A) exception, the form number for each form, and, for each form, the certificate described in § 31-4725(d).
(b) For individual forms and in the discretion of the Commissioner, the Commissioner may extend the deadlines described in subsection (a) of this section.
(June 19, 1934, ch. 672, ch. V, § 30; as added Mar. 14, 1985, D.C. Law 5-160, § 3(h), 32 DCR 39; May 21, 1997, D.C. Law 11-268, § 10, 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 23(f), 45 DCR 745.)
Prior Codifications
1981 Ed., § 35-536.
Section References
This section is referenced in § 31-4727.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 48 - Industrial Life Insurance › § 31–4801. Applicability of provisions

§ 31–4801. Applicability of provisions.
Policies of industrial weekly payment life insurance after June 4, 1934, issued or delivered in the District of Columbia shall be subject to the following conditions, in addition to any others prescribed by law and not inconsistent with the provisions of this chapter.
(June 4, 1934, 48 Stat. 834, ch. 373, § 1.)
Prior Codifications
1981 Ed., § 35-901.
1973 Ed., § 35-1001.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 48 - Industrial Life Insurance › § 31–4802. Policies — Defenses to validity

§ 31–4802. Policies — Defenses to validity.
If payment of such a policy shall be refused because of unsound health at or prior to the date of the policy, the good faith of both applicant and insured shall constitute a material element in determining the validity of the policy; and it shall not be held invalid because of unsound health unless the insurer shall prove that, at or before the date of issue of the policy, the insured or applicant had knowledge of, or reason to know, the facts on which the defense is based, or shall prove that the insurance was procured by the insured or applicant in bad faith or with intent to defraud the company, any provision, agreement, condition, warranty, or clause contained in said policy, or endorsed thereon, or added or attached thereto, to the contrary notwithstanding. Proof by the insurer of fraud, intent to deceive, unsound health, bad faith, breach of warranty or condition precedent, or other matter of defense, shall be subject to the provisions of § 31-5203.
(June 4, 1934, 48 Stat. 834, ch. 373, § 2.)
Prior Codifications
1981 Ed., § 35-902.
1973 Ed., § 35-1002.
Cross References
Formal requisites of insurance policies, see § 31-4703 et seq.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 48 - Industrial Life Insurance › § 31–4803. Policies — Incontestability

§ 31–4803. Policies — Incontestability.
Every such policy shall be incontestable upon any ground relating to health after 2 years from its date of issue (notwithstanding a longer period may be named therein), provided the insured shall be alive at the end of said period. If the policy by its terms shall be incontestable after a shorter period than herein provided the terms of the policy with regard to such period of limitation shall govern.
(June 4, 1934, 48 Stat. 834, ch. 373, § 3.)
Prior Codifications
1981 Ed., § 35-903.
1973 Ed., § 35-1003.
Section References
This section is referenced in § 31-3609.
Cross References
Formal requisites of insurance policies, see § 31-4703 et seq.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 48 - Industrial Life Insurance › § 31–4804. Policies — Assignment

§ 31–4804. Policies — Assignment.
Nothing contained in the terms of any such policy shall operate to prevent its valid assignment by the insured; but the company issuing the policy so assigned shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless before such payment the company shall have written notice of such assignment.
(June 4, 1934, 48 Stat. 835, ch. 373, § 4.)
Prior Codifications
1981 Ed., § 35-904.
1973 Ed., § 35-1004.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 48 - Industrial Life Insurance › § 31–4805. Beneficiaries and claimants

§ 31–4805. Beneficiaries and claimants.
Any individual designated with the consent of the insurer, evidenced by the signature of its president or secretary, or designated upon a form furnished by and filed with the insurer, as beneficiary of such a policy shall be entitled to the proceeds of such policy after the death of the insured in priority to all other claimants, and may sue in his own name for such proceeds if payment is refused by the insurer; provided, that upon the expiration of 15 days after the death of the insured, unless proof of claim in the manner and form required by the policy, accompanied by the policy for surrender, has theretofore been made by or on behalf of such designated beneficiary, the insurer may pay to any other claimant permitted by the policy. A person specified as one to whom the insured desires payment made, but not formally designated as beneficiary, shall be deemed a beneficiary for the purposes of this section, provided such designation be made in writing and filed with the company during the lifetime of the insured.
(June 4, 1934, 48 Stat. 835, ch. 373, § 5.)
Prior Codifications
1981 Ed., § 35-905.
1973 Ed., § 35-1005.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50 - Insurance Placement › § 31–5001. Purposes of chapter

§ 31–5001. Purposes of chapter.
The purposes of this chapter are:
(1) To assure stability in the property insurance market for property located in the District of Columbia;
(2) To assure the availability of basic property insurance and homeowner’s insurance as defined by this chapter;
(3) To encourage maximum use and utilization, in obtaining basic property insurance and homeowner’s insurance, of the normal insurance market provided by authorized insurers;
(4) To provide for the equitable distribution among insurers of the responsibility for insuring qualified property in the District of Columbia for which insurance cannot be obtained through the normal insurance market and to authorize the establishment of a joint underwriting association in the District of Columbia to provide for insuring and reinsuring of basic property insurance and homeowner’s insurance without regard to environmental hazards; and
(5) To encourage the delivery of essential property insurance, and the homeowner’s insurance that is provided by the Facility, at the most reasonable cost possible; provided, that insurance pricing by the Facility:
(A) Is actuarially self-supporting; and
(B) Does not actively compete with insurance pricing in the normal insurance market provided by authorized insurers.
(Aug. 1, 1968, 82 Stat. 567, Pub. L. 90-448, title XII, § 1202; Mar. 27, 2003, D.C. Law 14-251, § 2(a), 50 DCR 222.)
Prior Codifications
1981 Ed., § 35-1801.
1973 Ed., § 35-1701.
Effect of Amendments
D.C. Law 14-251 substituted “basic property insurance and homeowner’s insurance” for “basic property insurance” throughout the section; in par. (3), substituted “maximum use and utilization” for “maximum use”, and made a nonsubstantive change; in par. (4), substituted “District of Columbia to provide for insuring and” for “District of Columbia to provide for”, and made a nonsubstantive change; and added par. (5).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50 - Insurance Placement › § 31–5006. Supervision and regulation of operations by Mayor

§ 31–5006. Supervision and regulation of operations by Mayor.
The operation of any inspection bureau, the Industry Placement Facility, and the Joint Underwriting Association shall at all times be subject to the supervision and regulation of the Mayor. The Mayor shall have the power of visitation of and examination into such operations and free access to all the books, records, files, papers, and documents that relate to such operations, may summon and qualify witnesses under oath, and may examine directors, officers, agents, employees or any other person having knowledge of such operations.
(Aug. 1, 1968, 82 Stat. 571, Pub. L. 90-448, title XII, § 1207.)
Prior Codifications
1981 Ed., § 35-1806.
1973 Ed., § 35-1706.
Editor's Notes
Delegation of functions: See Historical and Statutory Notes following § 31-5002.
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5002.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. 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 50 - Insurance Placement › § 31–5007. Immunity from liability in regard to statements concerning insurability

§ 31–5007. Immunity from liability in regard to statements concerning insurability.
There shall be no liability on the part of, and no cause of action of any nature shall arise against, insurers, any inspection bureau, the Industry Placement Facility, the Joint Underwriting Association, the agents or employees of such bureau, Facility, or Association, or any officer or employee of the District of Columbia, for any statements made in good faith by them concerning the insurability of property: (1) In any reports or other communications; (2) at the time of the hearings conducted in connection therewith; or (3) in the findings with respect thereto required by the provisions of this chapter. The reports and communications of any inspection bureau, the Industry Placement Facility, and the Joint Underwriting Association with respect to individual properties shall not be open to inspection by, or otherwise available to, the public.
(Aug. 1, 1968, 82 Stat. 571, Pub. L. 90-448, title XII, § 1208.)
Prior Codifications
1981 Ed., § 35-1807.
1973 Ed., § 35-1707.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50 - Insurance Placement › § 31–5008. Annual reports by Association; additional information

§ 31–5008. Annual reports by Association; additional information.
The Joint Underwriting Association shall file with the Mayor, annually on or before the 1st day of March, a statement which shall contain information with respect to its transactions, condition, operations, and affairs during the preceding year. Such statement shall contain such matters and information as are prescribed by the Mayor and shall be in such form as is approved by him. The Mayor may at any time require the Association to furnish him with additional information with respect to its transactions, condition, or any matter connected therewith which he considers to be material and which will assist him in evaluating the scope, operation, and experience of the Association.
(Aug. 1, 1968, 82 Stat. 571, Pub. L. 90-448, title XII, § 1209.)
Prior Codifications
1981 Ed., § 35-1808.
1973 Ed., § 35-1708.
Editor's Notes
Delegation of functions: See Historical and Statutory Notes following § 31-5002.
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5002.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. 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 50 - Insurance Placement › § 31–5009. Administrative appeals; judicial review

§ 31–5009. Administrative appeals; judicial review.
(a) Any applicant for insurance and any affected insurer may appeal to the Mayor within 90 days after any final ruling, action, or decision by or on behalf of any inspection bureau, the Industry Placement Facility, or the Joint Underwriting Association, following exhaustion of remedies available within such bureau, Facility, or Association.
(b) All final orders or decisions of the Mayor made under this chapter shall be subject to review by the District of Columbia Court of Appeals under the District of Columbia Administrative Procedure Act.
(Aug. 1, 1968, 82 Stat. 571, Pub. L. 90-448, title XII, § 1210; July 29, 1970, 84 Stat. 583, Pub. L. 91-358, title I, § 163(d).)
Prior Codifications
1981 Ed., § 35-1809.
1973 Ed., § 35-1709.
References in Text
The “District of Columbia Administrative Procedure Act,” referred to in Subsection (b) of this section, in the Act of October 21, 1968, 82 Stat. 1203, Pub. L. 90-614, codified as subchapter I of Chapter 15 of Title 1 (subchapter I of Chapter 5 of Title 2, 2001 Ed.).
Editor's Notes
Delegation of functions: See Historical and Statutory Notes following § 31-5002.
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5002.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. 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 50 - Insurance Placement › § 31–5010. Assessment of companies for reinsurance reimbursement fund; charge to insured to recover assessment

§ 31–5010. Assessment of companies for reinsurance reimbursement fund; charge to insured to recover assessment.
(a) In order to carry out the purposes of this chapter and to make available to insurers who participate hereunder the reinsurance afforded under part B of title XII of the National Housing Act [12 U.S.C. § 1749bbb-7 et seq.] against losses to property resulting from riots or civil disorders, the Mayor is authorized to assess each insurance company authorized to do business in the District of Columbia an amount, in the proportion that the premiums earned by each such company in the District of Columbia, on lines reinsured in the District of Columbia by the Secretary of Housing and Urban Development, during the preceding calendar year bear to the aggregate premiums earned on those lines in the District of Columbia by all insurance companies, sufficient to provide a fund to reimburse the Secretary of Housing and Urban Development in the manner set forth in § 1223(a)(1) of such Part B [12 U.S.C. § 1749bbb-9]. Such fund may be added to or such fund may be created by moneys appropriated therefor by the Congress.
(b) Insurers shall add to the premium rate an amount, to be approved by the Mayor, sufficient to recover, within not more than 3 years, any amounts assessed under subsection (a) of this section during the preceding calendar year. Such amount shall be a separate charge to the insured in addition to the premium to be paid and shall be reflected as such in the policy of insurance. No commission shall be paid thereon to any agent or broker producing or selling the policy of insurance wherein such amount is added.
(Aug. 1, 1968, 82 Stat. 572, Pub. L. 90-448, title XII, § 1211.)
Prior Codifications
1981 Ed., § 35-1810.
1973 Ed., § 35-1710.
References in Text
“Part B of title XII of the National Housing Act,” referred to in subsection (a) of this section, consists of §§ 1221 to 1224, as added by § 1103 of the Act of August 1, 1968, 82 Stat. 560, Pub. L. 90-448, codified at 12 U.S.C. §§ 1749bbb-7 to 1749bbb-10.
Editor's Notes
Delegation of functions: See Historical and Statutory Notes following § 31-5002.
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5002.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. 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 50 - Insurance Placement › § 31–5011. Delegation of functions by Mayor

§ 31–5011. Delegation of functions by Mayor.
The Mayor is authorized to delegate any of the functions vested in him by this chapter.
(Aug. 1, 1968, 82 Stat. 572, Pub. L. 90-448, title XII, § 1212.)
Prior Codifications
1981 Ed., § 35-1811.
1973 Ed., § 35-1711.
Editor's Notes
Delegation of functions: See Historical and Statutory Notes following § 31-5002.
Department of Insurance abolished: See Historical and Statutory Notes following § 31-5002.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. 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 50A - Title Insurance Insurers › § 31–5031.02. Licensing needed to transact business

§ 31–5031.02. Licensing needed to transact business.
No person, other than a domestic, foreign, or non-U.S. title insurer organized on the stock plan and licensed under Chapter 25 of this title [§ 31-2501.01 et seq.], shall issue a title insurance policy or otherwise transact the business of title insurance in the District.
(Sept. 24, 2010, D.C. Law 18-223, § 2143, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2143 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.03. Authorized activities of title insurers

§ 31–5031.03. Authorized activities of title insurers.
Subject to the exceptions and restrictions contained in this chapter, a title insurer may do any of the following:
(1) Engage in the business of writing title insurance directly or through title insurance producers appointed for the purpose of issuing policies of title insurance;
(2) Reinsure title insurance policies;
(3) Unless prohibited by the Commissioner, perform ancillary activities, including examining titles to real property and any interest in real or personal property and procuring and furnishing related information and information about relevant personal property, when not in contemplation of, or in conjunction with, the issuance of a title insurance policy; and
(4) Maintain or perform escrow, indemnity, or settlement services.
(Sept. 24, 2010, D.C. Law 18-223, § 2144, 57 DCR 6242.)
Emergency Legislation
For temporary (90 day) addition, see § 2144 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 50A - Title Insurance Insurers › § 31–5031.04. Limitations on powers

§ 31–5031.04. Limitations on powers.
(a) An insurer that transacts any class, type, or kind of business other than title insurance business shall not be eligible for the issuance or renewal of a license to transact the business of title insurance in the District of Columbia and shall not transact title insurance business.
(b) A title insurer shall not engage in the business of guaranteeing payment of the principal of, or the interest on, bonds or mortgages.
(c)(1) Notwithstanding subsection (a) of this section, and to the extent such coverage is lawful within the District, a title insurer may issue closing or settlement protection to a proposed insured upon request if the title insurer issues a preliminary report, binder, or title insurance policy. The closing or settlement protection shall conform to the terms of coverage and form of instrument as required by the Commissioner and may indemnify a proposed insured against loss of settlement funds because of the following acts of a title insurer’s named title insurance producer:
(A) Theft of settlement funds in connection with the closing to the extent that the theft relates to the status of the title to that interest in land or to the validity, enforceability, and priority of the lien of the mortgage on that interest in land; and
(B) Failure to comply with the written closing instructions by the proposed insured when agreed to by the title insurance producer, to the extent that they relate to the status of the title to that interest in land or the validity, enforceability, and priority of the lien of the mortgage on that interest in land.
(2) The Commissioner may promulgate by rule pursuant to § 31-5031.23, or approve, a required charge for providing the coverage.
(3) Repealed.
(4) Except as provided under this chapter, a title insurer shall not provide any other coverage which purports to indemnify against improper acts or omissions of a person with regard to escrow, settlement, or closing services.
(5) The form of closing protection letter used by a title insurer and rates shall be filed with the Commissioner as provided by § 31-5031.18(b)(3).
(Sept. 24, 2010, D.C. Law 18-223, § 2145, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 5(b), 60 DCR 12304.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-40, in (c)(1), deleted “solely” preceding “against loss” and deleted “only” preceding “because of”; and repealed (c)(3).
Emergency Legislation
For temporary (90 day) addition, see § 2145 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).