Title 31 — Insurance and Securities.

(a) Before issuing any new or renewal license to any U.S. Branch, the Commissioner may require satisfactory proof, either in the non-U.S. insurer’s charter or by an agreement evidenced by a duly certified resolution of its board of directors, or otherwise as the Commissioner may …

Whenever it appears to the Commissioner from any annual or quarterly statement, trusteed surplus statement, or any other report that a U.S. Branch’s trusteed surplus is reduced below minimum capital and surplus required to be maintained by a domestic insurer licensed to transact …

For the purposes of this chapter, the term: (1) “Agent” or “Broker” means a person who solicits, negotiates, effects, procures, delivers, renews, continues, or binds policies of insurance for persons or risks residing, located, or to be performed in the District of Columbia. (2) …

(a) This chapter shall be construed to permit an administrative remedy only, and nothing in this chapter shall be construed to create or imply a private cause of action for a violation of this chapter. (b) This chapter shall not be construed to extinguish, limit, or otherwise imp…

No person shall make, issue, circulate, or cause to be made, issued or circulated, an estimate, illustration, circular or statement, sales presentation, omission, or comparison that: (1) Misrepresents the benefits, advantages, conditions, or terms of a policy; (2) Misrepresents t…

No person 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 a newspaper, magazine, or other publication, or in a notice, circular, pamphlet, l…

No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating or circulating, of an oral or written statement or a pamphlet, circular, article, or literature, which is false with respect to, mali…

No person shall enter into an agreement to commit, or by a concerted action commit, an act of boycott, coercion, or intimidation resulting in, or tending to result in, unreasonable restraint of, or monopoly in, the business of insurance.

(a) Subject to the acceptance of the risk by the insurer, no person shall willfully collect a premium or charge for insurance which is not then provided, or is not in due course to be provided, by an insurance policy issued by an insurer. (b) No person shall willfully collect as …

(a) No person shall knowingly file with an insurance regulatory or other public official, knowingly make, publish, disseminate, circulate, or deliver to a person, or place before the public, or knowingly cause directly or indirectly to be made, published, disseminated, circulated…

No person, as an inducement to purchase insurance, shall issue or deliver, or permit its agents, officers, or employees to issue or deliver: (1) Agency company stock or other capital stock, benefit certificates, or shares in a common law corporation; (2) Securities; or (3) A spec…

No person shall fail to maintain its books, records, documents, and other business records in such order that data regarding complaints, claims, rating, underwriting, and marketing are not accessible and retrievable for examination by the Commissioner. Data for at least the curre…

(a) No person shall commit or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for a life insurance policy or contract, in the dividends or other benefits payable thereon, or in any other of the terms and co…

(a) No person shall knowingly: (1) Permit, or offer to make, a policy or contract of life insurance, annuity, or accident and health insurance, or agreement as to such policy or contract, other than as plainly expressed in the policy or contract issued thereon; or (2) Pay, allow,…

(a) No person offering property, casualty, or surety insurance, or an employee or representative thereof, shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insure, or after insurance has been effected, a rebate, discount, abat…

(a) An insurer may retain, invest in, or acquire the whole or any part of the capital stock of any other insurer, or have a common management with another insurer, unless the retention, investment, acquisition, or common management is inconsistent with another provision of law, o…

(a) No person shall hold himself or herself out, directly or indirectly, to the public as a financial planner, investment adviser, consultant, financial counselor, or any other specialist engaged in the business of giving financial planning or advice relating to investments, insu…

(a) A property and casualty insurer shall provide the following loss information for the 3 previous policy years to the first named insured within 30 days of receipt of the first named insured’s written request: (1) On all claims, the date and description of occurrence, and the t…

(a) No person shall commit or perform with such frequency as to indicate a general business practice any of the following: (1) Knowingly misrepresent pertinent facts or insurance policy provisions relating to the claim at issue; (2) Refuse to pay a claim for a reason that is arbi…

An insurer shall maintain a complete record of all complaints which it has received since the date of its last examination as otherwise required in this chapter. The record shall indicate the total number of complaints, their classification by line of insurance, the nature of eac…

(a) No person shall make false or fraudulent statements or representations on, or relative to, an application for an insurance policy for the purpose of obtaining a fee, commission, money, or other benefit from a provider or individual person. (b) No person shall cause to be pres…

(a) No person shall require, as a condition to the lending of money or extension of credit, or a renewal thereof, that the person to whom the money or credit is extended, or whose obligation a creditor is to acquire or finance, negotiate an insurance policy or renewal thereof thr…

No person shall make or issue, or cause to be made or issued, a written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in a policy for the purpose of inducing or attempting or tending to induce the policyholde…

(a) The Commissioner may examine and investigate the affairs of a person engaged in the business of insurance in the District of Columbia to determine whether the person has been or is engaged in an unfair trade practice, an unfair method of competition, or an unfair or deceptive…

(a) Before the Commissioner takes an action under § 31-2231.22, the Commissioner shall provide the person alleged to have violated this chapter an opportunity for a hearing. (b) Notice of the hearing shall be given, and the hearing shall be held, in accordance with §§ 2-509 and 2…

If, after any hearing under § 31-2231.23, the Commissioner does not find a violation of this chapter, an aggrieved person may, within 60 days after the decision has been issued, or later in connection with § 31-2231.11(a), (b), or (b-1) upon a showing of good cause by a victim of…

The Commissioner may, in accordance with § 2-505, promulgate reasonable rules, regulations, or orders as are necessary or appropriate to carry out and effectuate the provisions of this chapter.

For purposes of this chapter, the term: (1) “Domestication” means the reorganization under this chapter of the United States branch of a Non-U.S. insurer whereby a domestic or foreign insurer acquires all the business and assets and assumes all the liabilities of the branch. (2) …

(a)(1) Upon compliance with this chapter, a Non-U.S. insurer which is authorized to use the District of Columbia (“District”) as a state of entry to transact insurance business through its United States branch and which owns beneficially, directly or indirectly, all outstanding s…

An acquisition of assets and assumption of liabilities under § 31-2302(a) shall be initiated by filing with the Commissioner, for prior written approval as required by § 31-2302(a)(2), a copy of the domestication agreement, executed by the Non-U.S. insurer and the acquiring insur…

(a) A domestication agreement shall be authorized, adopted, approved, executed, and acknowledged by the Non-U.S. insurer under the laws of the country where it is organized. (b) A domestication agreement shall also be approved, adopted, and authorized by the acquiring insurer’s b…

(a) The following shall be submitted to the Commissioner for final approval of the domestication agreement as required under § 31-2302(a)(3): (1) An executed counterpart of the domestication agreement; (2) Certified copies of the corporate proceedings of the acquiring insurer and…

(a)(1) The domestication of the United States branch shall be effective upon the final approval of the Commissioner of the domestication agreement under § 31-2305 (“consummation”). (2)(A) All assets of the United States branch, including all its rights and property, shall be deem…

The Commissioner may, in accordance with § 2-505, promulgate rules, regulations, and orders as are necessary or appropriate to carry out the provisions of this chapter. The Council may approve or disapprove any rules, regulations, or orders promulgated by the Commissioner within …

The Council of the District of Columbia finds that: (1) Motorists, motor vehicle passengers, and pedestrians in the District are not adequately protected, by current law and practice, from the consequences of motor vehicle accidents. (2) If a person suffers personal injuries beca…

As used in this chapter: (1) The term “accident” means an untoward and unforeseen occurrence arising out of the maintenance or use of: (A) A motor vehicle; (B) A vehicle operated or designed for operation upon a highway by power other than muscular power with respect only to any …

Each owner of a motor vehicle which is required to be registered or for which a reciprocity sticker is required in the District shall maintain insurance required by § 31-2406. This insurance shall be in effect continuously during the motor vehicle’s period of registration or reci…

(a) After a claimant makes a written claim for compensation or damages concerning a vehicle accident, and provides the documents described in subsection (b) or (c) of this section to an insurer, the claimant shall be entitled to obtain from the insurer documentation of the applic…

(1) In addition to insurance required to be provided by an insurer under § 31-2406, each insurer shall offer to each person required to have insurance under this chapter optional personal injury protection insurance as set forth in this section. Personal injury protection shall p…

(a) A victim shall notify the personal injury protection insurer within 60 days of an accident of the victim’s election to receive personal injury protection benefits. (b) A victim who elects to receive personal injury protection benefits may maintain a civil action based on liab…

(1)(A) After consultation with insurers authorized to sell motor vehicle insurance in the District, the Commissioner shall from time to time approve, with any reasonable modifications, a reasonable plan or plans to assure the availability, to all owners of motor vehicles, of the …

(a) The insurer responsible for the payment of personal injury protection benefits shall be determined in accordance with, and in the order of, priorities set forth in this section. The insurer liable to pay benefits is: (1) The insurer providing personal injury protection insura…

(a) When a tortfeasor’s insurer offers to pay its full policy limits of coverage for bodily injury or death to a claimant, conditioned upon the claimant’s insurer waiving its rights of subrogation against the tortfeasor, the claimant or the tortfeasor’s insurer shall give to the …

Repealed Repealed.

(a) A fund is established in the District, to be known as the Uninsured Motorist Fund (“Fund”), for the purpose of awarding compensation to a victim of an accident who sustains injury therefrom and would not otherwise be compensated for his or her loss. Assessment shall be made, …

No insurer shall cancel a policy except: (1) For refusal or failure of the insured to pay a premium due under the terms of the policy of motor vehicle insurance; (2) Where the motor vehicle registration certificate of the insured has been suspended or revoked during the period of…

An insurer offering to provide personal injury protection insurance in the District may offer, at appropriately reduced premium rates, a deductible of a specified dollar amount up to the amount prescribed by the Mayor, upon the recommendation of the Commissioner. This deductible …

(1) Except as otherwise provided in this subsection, a civil action for the recovery of any personal injury protection benefits payable under this chapter shall be commenced not later than 3 years after the date of the injury giving rise to entitlement to such benefits. (2) If an…

Expired Expired.

(a) A person is guilty of an offense if that person: (1) Makes any false material statement with respect to his or her compliance with the obligation to maintain required insurance; (2) Is the owner of a motor vehicle that is required to be registered or obtain a reciprocity stic…