Title 31 — Insurance and Securities.
94 chapters · 1,236 sections in this title.
D.C. Code § 31-851 Definitions
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For the purposes of this chapter, the term: (1) “Commissioner” means the Commissioner of Insurance and Securities Regulation [Commissioner of the Department of Insurance, Securities, and Banking]. (2) “Company” means all insurance companies or carriers that are licensed in the Di…
D.C. Code § 31-852 Scope
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Nothing in this chapter shall limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including work product, the attorney-client privilege, or the subsequent remedial measures exclusion.
D.C. Code § 31-853 Privilege
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(a)(1) An insurance compliance self-evaluative audit document shall be privileged information and shall not be admissible as evidence in any legal action in a civil, criminal, or administrative proceeding, except as provided in subsections (b), (c), and (d) of this section and §§…
D.C. Code § 31-854 Civil or administrative proceedings
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A court may, after an in camera review, require disclosure of material for which the privilege is asserted if the court determines: (1) The privilege is asserted for fraudulent purposes; (2) The material is not subject to the privilege; or (3) Even if subject to the privilege, th…
D.C. Code § 31-855 Criminal proceedings
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A court may, after an in camera review, require disclosure of material for which the privilege is asserted, if the court determines: (1) The privilege is asserted for a fraudulent purpose; (2) The material is not subject to the privilege; (3) Even if subject to the privilege, the…
D.C. Code § 31-856 Requests for disclosure
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(a) The Commissioner, Corporation Counsel, or U.S. Attorney may request, in writing by certified mail, disclosure of an insurance compliance self-evaluative audit document within 30 days after the service of the request. The company that prepared the document or caused the docume…
D.C. Code § 31-857 Burden of proof
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(a) A company asserting the privilege shall have the burden of demonstrating the applicability of the privilege. If a company has established the applicability of the privilege, a party seeking disclosure under § 31-854 shall have the burden of proving that the privilege is asser…
D.C. Code § 31-858 Applicability
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The privilege shall apply to all litigation or administrative proceedings pending on April 11, 2003, or filed subsequent to April 11, 2003.