District of Columbia

1. Unfair Claims Practices Act

§ 31-2231.17. Unfair claim settlement practices.


(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 arbitrary or capricious based on all available information;
(3) Attempt to settle a claim on the basis of an application which is altered without notice to, or the knowledge or consent of, the insured;
(4) Fail to include with a claim paid to an insured or beneficiary a statement setting forth the coverage under which payment is being made;
(5) Fail to settle a claim promptly whenever liability is reasonably clear under one portion of a policy in order to influence settlements under other portions of the policy; or
(6) Fail promptly upon request to provide a reasonable explanation of the basis for a denial of a claim.
(b) 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 coverage at issue;
(2) Fail to acknowledge and act reasonably promptly upon communication with respect to claims arising under insurance policies;
(3) Fail to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
(4) Refuse to pay claims without conducting a reasonable investigation;
(5) Fail to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed or after having completed its investigation related to the claims;
(6) Not attempt in good faith to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear;
(7) Compel insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in actions brought by the insureds or beneficiaries;
(8) Attempt to settle a claim for less than the amount to which a reasonable person would believe the insured or beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application or policy;
(9) Attempt to settle claims on the basis of an application which was materially altered without notice to or knowledge or consent of the insured;
(10) Make claims payments to an insured or beneficiary without indicating the coverage under which each payment is being made;
(11) Make known to insureds or claimants of a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises of less than the amount awarded in arbitration;
(12) Unreasonably delay the investigation or payment of claims by requiring both a formal proof of loss form and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form;
(13) Fail, in the case of claims denials or offers of compromise settlement, to promptly provide a reasonable and accurate explanation of the basis for such action; or
(14) Make false or fraudulent statements or representations on, or relative to an application for, a policy, for the purpose of obtaining a fee, commission, money, or other benefit from a provider or individual person.
(c) The Commissioner may impose a penalty of up to $1,000 for each violation of subsection (a) of this section or of a regulation promulgated under subsection (a) of this section. The Commissioner may impose a penalty for violations of subsection (b) of this section as provided in § 31-4305, § 31- 2602.24, § 31-2502.03, and § 31-1105.
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2. Unfair Trade Practices Act

§ 31-2231.03. Misrepresentations and false advertising of insurance policies.


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 the dividends or share of the surplus to be received on a policy;
(3) Makes a false or misleading statement as to the dividends or share of surplus previously paid on a policy;
(4) Is misleading or is a misrepresentation as to the financial condition of an insurer or as to the legal reserve system upon which a life insurer operates;
(5) Uses a name or title of a policy or class of policies misrepresenting the true nature thereof;
(6) Is a misrepresentation, including an intentional erroneous quotation of a premium rate for the purpose of inducing, or tending to induce, the purchase, lapse, forfeiture, exchange, conversion, or surrender of a policy;
(7) Is a misrepresentation for the purpose of effecting a pledge or assignment of, or effecting a loan against, a policy;
(8) Misrepresents a policy as being shares of stock; or
(9) Uses a name which deceptively infers or suggests that it is an insurer if it is not an insurer.
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§ 31-2231.04. False information and advertising generally.

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, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with respect to the business of insurance or with respect to an insurer in the conduct of its insurance business which is untrue, deceptive, or misleading.

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31-2231.05 Defamation
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, maliciously critical of, or derogatory to, the financial condition of an insurer and which is calculated to injure the insurer.

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§ 31-2231.06. Boycott, coercion, and intimidation.


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.

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§ 31-2231.07. Illegal dealing in premiums; excess charges for 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 premium or charge for insurance a sum in excess of the premium or charge specified in the policy and applicable to such insurance in accordance with the classifications and rates as filed with and approved by the Commissioner. In a case where the classifications, premiums, or rates are not required to be filed and approved, the premium or charge shall not be in excess of that specified in the policy and fixed by the insurer. This subsection shall not prohibit a reasonable fee or charge for insurance premium payment plans, regardless of the number of installment payments involved.
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§ 31-2231.08. False statements and entries.


(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, delivered to a person, or placed before the public, a false material statement of fact as to the financial condition of an insurer.
(b) No person shall knowingly:
(1) Make a false entry of a material fact in a book, report, or statement of an insurer;
(2) With intent to deceive an agent of the Commissioner lawfully appointed to examine the insurer's condition or any of its affairs, fail to make a true entry of any material fact pertaining to the business of an insurer in a book, report, or statement of the insurer; or
(3) Make a false material statement to an insurance department official.
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§ 31-2231.11. Unfair discrimination.

(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 conditions of the policy or contract.
(b) No person shall commit or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, fees, or rates charged for a policy or contract of accident or health insurance policy; in the benefits payable under a contract or policy; in any of the terms or conditions of the policy or contract; or in any other manner. This section shall not prohibit a fee or charge for insurance premium payment plans, regardless of the number of installments involved.
(c) No person shall refuse to insure, refuse to continue to insure, or limit the amount of coverage available to an individual because of marital status, race, color, personal appearance, sexual orientation, matriculation, or political affiliation. Nothing in this subsection shall prohibit an insurer from taking marital status into account for the purpose of defining persons eligible for dependent benefits or prohibit or limit the operation of fraternal benefit societies. For the purposes of this subsection, the term "matriculation" shall have the same meaning as in § 2-1401.02(18).
(d) No person shall terminate or modify coverage, or refuse to issue or refuse to renew, a property and casualty policy or a life, health, or annuity policy, solely because the applicant or insured, or an employee of either, is mentally or physically impaired. A termination, modification, or refusal shall be based on sound actuarial principles or related to actual or reasonably anticipated experience. This subsection shall not be interpreted to modify any other provision of law relating to the termination, modification, issuance, or renewal of an insurance policy or contract.
(e) No person shall refuse to insure an individual solely because another insurer has refused to write a policy or has cancelled or has refused to renew an existing policy in which the individual was named an insured. This subsection shall not prevent the termination of an excess insurance policy on account of the failure of the insured to maintain any required underlying insurance.
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§ 31-2231.13. Unfair discrimination and rebates prohibited; property, casualty, and surety insurance.


(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, abatement, credit, or reduction of the premium named in a policy of insurance, or a special favor or advantage in the dividends or other benefits to accrue thereon, or a valuable consideration or inducement whatsoever, not specified or provided for in the policy, except to the extent provided for in an applicable filing with the Commissioner as allowed by law.
(b) An insured named in a policy, or an employee of the insured, shall not knowingly receive, offer, or accept, directly or indirectly, a rebate, discount, abatement, credit, or reduction of premium, or a special favor or advantage or valuable consideration or inducement, as proscribed by subsection (a) of this section.
(c) No insurer shall make or permit an unfair discrimination between insured property having like insuring or risk characteristics, in the premium or rates charged for insurance, in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the insurance.
(d) Notwithstanding any other provision in this section, an insurer shall not make or permit a differential in ratings, premium payments, or dividends based on the marital status, race, color, personal appearance, sexual orientation, matriculation, or political affiliation of an applicant or policy holder unless there is actuarial justification for the differential. For the purposes of this subsection, the term "matriculation" shall have the same meaning as in § 2-1401.02(18). Nothing in this section shall limit or otherwise restrict any discount, rating, or credit program filed with the Commissioner.
(e) Nothing in this section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents or brokers or as prohibiting any insurer from allowing or returning to its participating policyholders, members or subscribers, lawful dividends, savings, or unabsorbed premium deposits.
(f) No person shall commit or permit an unfair discrimination between individuals or risks of the same class and of essentially the same hazard by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on a property or casualty risk solely because of the geographic location of the individual or risk, unless the action is for a sound business purpose that is not a mere pretext for unfair discrimination, or unless the refusal, cancellation, or limitation is required by law or regulatory mandate.
(g) No person shall commit or permit an unfair discrimination between individuals or risks of the same class and of essentially the same hazard by refusing to insure, refusing to renew, canceling, or limiting the amount of insurance coverage on the residential property risk, or the personal property contained in a residential property risk, solely because of the age of the residential property.
(h)(1) For purposes of § 31-2231.12 or this section, the term "valuable consideration" shall not include any educational materials, promotional materials, or articles of merchandise that cost less than $10, regardless of whether a policy or contract is purchased.
(2) For the purposes of this section, the term "insurance" shall include suretyship and the term "policy" shall include a bond.
(3) This section shall not apply to wet marine and transportation insurance.

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§ 31-2231.20. Favored agent or insurer; coercion of debtors.


(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 through a particular insurer or group of insurers or agent, broker, or group of agents or brokers.
(b) No person who lends money or extends credit shall:
(1) Solicit insurance for the protection of real property after a person indicates interest in securing a first mortgage credit extension until the person has received a commitment in writing from the lender as to a loan or credit extension;
(2) Unreasonably reject an insurance policy provided by a borrower for the protection of property securing a credit or lien. A rejection shall not be unreasonable if it is based on reasonable standards and uniformly applied relating to the extent of coverage required and the financial soundness and the services of an insurer. The standards shall not discriminate against a particular type of insurer or reject a policy because it contains coverage in addition to that required in the credit transaction;
(3) Require, directly or indirectly, that a debtor, borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge or consideration in connection with the handling of an insurance policy required as security for a loan on real estate or pay a separate charge or consideration of any kind for substituting the insurance policy of one insurer for that of another. This prohibition shall not include the interest which may be charged on premium loans or premium advancements in accordance with the terms of the security instrument;
(4) Use or disclose, without the prior written consent of the borrower, mortgagor, or purchaser taken at a time other than the making of the loan or extension of credit, information relative to an insurance policy which is required by the credit transaction for the purpose of replacing the insurance; or
(5) Require a procedure or condition of duly licensed agents, brokers, or insurers not customarily required of agents, brokers, or insurers affiliated, or in any way connected, with the person who lends money or extends credit.
(c) A person who lends money or extends credit and who solicits insurance on real and personal property shall explain to the borrower in writing that the insurance related to the credit extension may be purchased from an insurer or agent of the borrower's choice, subject only to the lender's right to reject a given insurer or agent as provided in subsection (b)(2) of this section. Compliance with disclosures as to insurance required by truth-in-lending laws or comparable state laws shall constitute compliance with this subsection.
(d) The Commissioner may examine and investigate those insurance-related activities of a person or insurer that the Commissioner believes may be in violation of this section. A affected person may submit to the Commissioner a complaint or material pertinent to the enforcement of this section.
(e) Nothing herein shall prevent a person who lends money or extends credit from placing insurance on real or personal property if the mortgagor, borrower, or purchaser has failed to provide required insurance in accordance with the terms of the loan or credit document.
(f) Nothing contained in this section shall apply to credit life or credit accident and health insurance.
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§ 31-2231.21. "Twisting" prohibited.


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 policyholder to lapse, forfeit, surrender, retain, exchange, or convert an insurance policy.
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3. Imitation Crash Parts Regulations 

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4. Anti-Steering Regulations 

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5. Timely Notification

§ 31-2231.17. Unfair claim settlement practices.


(a) No person shall commit or perform with such frequency as to indicate a general business practice any of the following:

(6) Fail promptly upon request to provide a reasonable explanation of the basis for a denial of a claim.

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6. Timely Payment

§ 31-2231.17. Unfair claim settlement practices.


(a) No person shall commit or perform with such frequency as to indicate a general business practice any of the following:

(5) Fail to settle a claim promptly whenever liability is reasonably clear under one portion of a policy in order to influence settlements under other portions of the policy;

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7. False & Misleading Advertising
§ 31-2231.03. Misrepresentations and false advertising of insurance policies.

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 the dividends or share of the surplus to be received on a policy;
(3) Makes a false or misleading statement as to the dividends or share of surplus previously paid on a policy;
(4) Is misleading or is a misrepresentation as to the financial condition of an insurer or as to the legal reserve system upon which a life insurer operates;
(5) Uses a name or title of a policy or class of policies misrepresenting the true nature thereof;
(6) Is a misrepresentation, including an intentional erroneous quotation of a premium rate for the purpose of inducing, or tending to induce, the purchase, lapse, forfeiture, exchange, conversion, or surrender of a policy;
(7) Is a misrepresentation for the purpose of effecting a pledge or assignment of, or effecting a loan against, a policy;
(8) Misrepresents a policy as being shares of stock; or
(9) Uses a name which deceptively infers or suggests that it is an insurer if it is not an insurer.
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§ 31-2231.04. False information and advertising generally.

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, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement with respect to the business of insurance or with respect to an insurer in the conduct of its insurance business which is untrue, deceptive, or misleading.

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8. False Use of Insurer’s Name
§ 31-2231.03. Misrepresentations and false advertising of insurance policies.


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:

(9) Uses a name which deceptively infers or suggests that it is an insurer if it is not an insurer.
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9. Total Losses

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10. Consumer Sales Practices Acts

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11. Consumer Auto Repair Practices Acts

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12. Telemarketing laws

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13. Home Sales Act

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14. Licensing Adjusters

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15. Diminished Value

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