Code of the District of Columbia

§ 31–2001. Definitions.

For the purposes of this chapter, the term:

(1) “Adjusted RBC Report” means an RBC report that has been adjusted by the Commissioner in accordance with § 31-2002(g).

(2) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.

(3) “Corrective order” means an order issued by the Commissioner specifying corrective actions which the Commissioner has determined are required.

(4) “District” means the District of Columbia.

(5) “Domestic insurer” means any insurance company domiciled in the District.

(6) “Foreign insurer” means any insurance company which is licensed to do business in the District, but is not domiciled in the District.

(6A) "Fraternal benefit society" means any insurance company licensed under the Fraternal Benefit Societies Act of 1998, effective April 29, 1998 (D.C. Law 12-86; D.C. Official Code § 31-5301 et seq.).

(6B) "Insurer" means an insurance company covered by this chapter. The term "insurer" includes a fraternal benefit society.

(7) “Life or health insurer” means any insurance company licensed to underwrite life or health insurance, or a licensed property and casualty insurer writing only accident and health insurance.

(8) “NAIC” means the National Association of Insurance Commissioners.

(9) “Negative trend” means, with respect to a life or health insurer, negative trend over a period of time, as determined in accordance with the “Trend Test Calculation” included in the RBC Instructions.

(10) “Property and casualty insurer” means any insurance company licensed to underwrite property and casualty insurance, but does not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers.

(11) “RBC” means risk-based capital.

(12) “RBC Instructions” means the RBC Report including risk-based capital instructions adopted by the NAIC, as such RBC Instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC.

(13) “RBC Level” means an insurer’s Company Action Level RBC, Regulatory Action Level RBC, Authorized Control Level RBC, or Mandatory Control Level RBC where:

(A) “Company Action Level RBC” means, with respect to any insurer, the product of 2.0 and its Authorized Control Level RBC;

(B) “Regulatory Action Level RBC” means the product of 1.5 and its Authorized Control Level RBC;

(C) “Authorized Control Level RBC” means the number determined under the risk-based capital formula in accordance with the RBC Instructions; and

(D) “Mandatory Control Level RBC” means the product of .70 and the Authorized Control Level RBC.

(14) “RBC Plan” means a comprehensive financial plan containing the elements specified in § 31-2003(b). If the Commissioner rejects the RBC Plan, and it is revised by the insurer, with or without the Commissioner’s recommendation, the plan shall be called the “Revised RBC Plan”.

(15) “RBC Report” means the report required in § 31-2002.

(16) “Total adjusted capital” means the sum of:

(A) An insurer’s statutory capital and surplus; and

(B) Such other items, if any, as the RBC Instructions may provide.

(17) “State” means any of the several states, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.


(Apr. 9, 1997, D.C. Law 11-233, § 2, 44 DCR 765; Oct. 3, 2001, D.C. Law 14-28, § 2802, 48 DCR 6981; June 11, 2004, D.C. Law 15-166, § 4(l)(1), 51 DCR 2817; Apr. 15, 2017, D.C. Law 21-278, § 2(a), 64 DCR 963.)

Prior Codifications

1981 Ed., § 35-4601.

Section References

This section is referenced in § 31-311.03.

Effect of Amendments

D.C. Law 14-28, in par. (1), substituted “31-2002(g)” for “31-2002(c)”.

D.C. Law 15-166, in par. (2), substituted “Commissioner of the Department of Insurance, Securities, and Banking” for “Commissioner of Insurance and Securities”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2602 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 4(l)(1) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).