94 chapters · 1,236 sections in this title.
D.C. Code § 31-5401 Definitions
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For the purposes of this chapter, the term: (1) “Account” means either of the 2 accounts created under § 31-5403. (2) “Association” means the District of Columbia Life and Health Insurance Guaranty Association created under § 31-5403. (2A) “Benefit plan” means a specific employee…
D.C. Code § 31-5402 Coverage and limitations
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(a) Coverage shall be provided for the policies and contracts issued to: (1) Persons who, regardless of where they reside (except for nonresident certificate holders under group policies or contracts), are the beneficiaries, assignees or payees of the persons covered under paragr…
D.C. Code § 31-5403 Creation of the Association
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(a)(1) There is created a nonprofit legal entity to be known as the District of Columbia Life and Health Insurance Guaranty Association. (2) All member insurers shall be and shall continually remain members of the Association as a condition of their authority to transact insuranc…
D.C. Code § 31-5404 Board of Directors
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(a)(1) The Board of Directors of the Association (“Board” or “Board of Directors”) shall consist of no less than 5 and no more than 9 member insurers serving terms as established in the plan of operation. (2) The members of the Board shall be selected by member insurers subject t…
D.C. Code § 31-5405 Powers and duties of the Association
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(a) If a member insurer is an impaired domestic insurer, the Association may, in its discretion and subject to any conditions imposed by the Association that do not impair the contractual obligations of the impaired insurer that are approved by the Mayor, and that are, except in …
D.C. Code § 31-5406 Assessments
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(a) The Board of Directors shall assess the member insurers for the amounts necessary to carry out the powers and duties of the Association. Assessments shall be made separately for the life insurance and annuity account and for the health insurance account and shall be maintaine…
D.C. Code § 31-5407 Plan of operation
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(a)(1) The Association shall submit to the Mayor a plan of operation, and any subsequent amendments that are necessary or suitable, to assure the fair, reasonable, and equitable administration of the Association. The plan of operation, and any amendments, shall become effective 3…
D.C. Code § 31-5408 Duties and powers of the Mayor
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(a) In addition to the duties and powers enumerated elsewhere in this chapter, the Mayor shall: (1) Upon request of the Board of Directors, provide the Association with a statement of the premiums in the District of Columbia and any other appropriate states for each member insure…
D.C. Code § 31-5409 Prevention of insolvencies
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(a) To aid in the detection and prevention of insurer impairments or insolvencies, the Mayor shall: (1) Transmit written notices to the insurance commissioners of all the other states and territories of the United States, within 30 days following the date any action is taken, whe…
D.C. Code § 31-5410 Credits for assessments paid
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(a) A member insurer may offset against its premium taxes an assessment described in § 31-5406(h) to the extent of 10% of the amount of the assessment for each of the 10 calendar years following the year in which the assessment was paid. In the event a member insurer should cease…
D.C. Code § 31-5411 Miscellaneous
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(a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (b)(1) Records shall be kept of all negotiations and meetings in which the Associati…
D.C. Code § 31-5412 Examination of the Association; annual report
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(a) The Association shall be subject to examination and regulation by the Mayor. (b) The Board of Directors shall submit to the Mayor each year, not later than 120 days after the end of the Association’s fiscal year, a financial report in a form approved by the Mayor and a report…
D.C. Code § 31-5413 Tax exemptions
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The Association shall be exempt from payment of all fees and all taxes levied by the District of Columbia.
D.C. Code § 31-5414 Immunity
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(a) There shall be no liability on the part of, and no cause of action shall arise against, any member insurer or its agents or employees, the Association or its agents or employees, members of the Board of Directors, or the Mayor or the Mayor’s representatives, for any action or…
D.C. Code § 31-5415 Stay of proceedings; reopening default judgments
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(a) All proceedings in which the insolvent insurer is a party in any court in the District of Columbia shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the Association on any matters germane …
D.C. Code § 31-5416 Prohibited advertisement of Association act in insurance sale; notice to policyholders
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(a)(1) No person, including an insurer, agent, or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magaz…