D.C. Act 23-343. Commercial Insurance Claim Tolling Emergency Act of 2020 [Effective from July 27, 2020].

D.C. Act 23-343. Commercial Insurance Claim Tolling Emergency Act of 2020 [Effective from July 27, 2020].

AN ACT

To require, on an emergency basis, for the length of the public health emergency and for 90 days thereafter, the tolling of all time periods for holders of a commercial policy of insurance to exercise their rights under the policy or District law for losses covered under the existing policy.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Commercial Insurance Claim Tolling Emergency Act of 2020".

New Chapter 23A of Title 31

New § 31-2321

Sec. 2. Tolling of deadlines under commercial insurance policies.

(a) Notwithstanding any provision of District law and notwithstanding the terms of any policy of insurance subject to this section, for commercial policies of insurance issued by a licensed insurer, in force as of March 25, 2020, and that include coverage under the existing policy for losses in the District, the running of all time periods for policy holders to exercise rights under a policy or District law for a claim for a loss shall by tolled during the period of a public health emergency declared pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01), and for 90 days thereafter.

(b) For the purposes of this section, the term "loss" means physical loss of property, loss of use of property, loss of occupancy, property damage, loss of income, incurred expenses, and other business interruption losses.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).