District of Columbia Code
Chapter 13 - Insurers Rehabilitation and Liquidation Procedures
§ 31–1330. Reinsurer’s liability

The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contracts or other agreements. The reinsurance shall be payable under contracts reinsured by the assuming insurer on the basis of reported claims allowed by the Superior Court of the District of Columbia, without diminution because of the insolvency of the ceding insurer. The payments shall be made directly to the ceding insurer or to its domiciliary liquidator, except where:
(1) The contracts or other written agreements specifically provide for another payee of the reinsurance in the event of the insolvency of the ceding insurer; or
(2) The assuming insurer, with the consent of the direct insureds, has assumed the policy obligations of the ceding insurer as the direct obligation of the assuming insurer to the payees under such policies and in substitution for the obligations of the ceding insurer to the payees.
(Oct. 15, 1993, D.C. Law 10-35, § 31, 40 DCR 5773; Oct. 21, 2000, D.C. Law 13-185, § 2, 47 DCR 7068.)
1981 Ed., § 35-2830.
D.C. Law 13-185 rewrote this section which prior thereto provided: “The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement. Payment made directly to an insured or other creditor shall not diminish the reinsurer’s obligation to the insurer’s estate except when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation.

Structure District of Columbia Code

District of Columbia Code

Title 31 - Insurance and Securities

Chapter 13 - Insurers Rehabilitation and Liquidation Procedures

§ 31–1301. Definitions

§ 31–1302. Applicability

§ 31–1303. Jurisdiction and venue

§ 31–1304. Injunctions and orders

§ 31–1305. Cooperation of officers, owners, and employees

§ 31–1306. Continuation of delinquency proceedings

§ 31–1307. Condition on release from delinquency proceedings; conditions on operations during proceedings

§ 31–1308. Temporary seizure order

§ 31–1309. Confidentiality of records

§ 31–1309.01. Duty to provide information to other insurance regulators and guaranty associations

§ 31–1310. Grounds for rehabilitation

§ 31–1311. Rehabilitation orders

§ 31–1312. Powers and duties of the rehabilitator

§ 31–1313. Actions by and against the rehabilitator

§ 31–1314. Termination of rehabilitation

§ 31–1315. Grounds for liquidation

§ 31–1316. Liquidation orders

§ 31–1317. Continuance of coverage

§ 31–1318. Dissolution of insurer

§ 31–1319. Powers of liquidator

§ 31–1320. Notice to creditors and others

§ 31–1321. Duties of agents

§ 31–1322. Actions by and against liquidator

§ 31–1323. Collection and list of assets

§ 31–1324. Fraudulent transfer prior to petition

§ 31–1325. Fraudulent transfer after petition

§ 31–1326. Voidable preferences and liens

§ 31–1327. Claims of holders of void or voidable rights

§ 31–1328. Setoffs

§ 31–1329. Assessments

§ 31–1330. Reinsurer’s liability

§ 31–1331. Recovery of premiums owed

§ 31–1332. Domiciliary liquidator’s proposal to distribute assets

§ 31–1333. Filing of claims

§ 31–1334. Proof of claim

§ 31–1335. Special claims

§ 31–1336. Special provisions for third party claims

§ 31–1337. Disputed claims

§ 31–1338. Claims of surety

§ 31–1339. Secured creditor’s claims

§ 31–1340. Priority of distribution

§ 31–1341. Liquidator’s recommendations to the court

§ 31–1342. Distribution of assets

§ 31–1343. Unclaimed and withheld funds

§ 31–1344. Termination of proceedings

§ 31–1345. Reopening liquidation

§ 31–1346. Disposition of records during and after termination of liquidation

§ 31–1347. External audit of the receiver’s books

§ 31–1348. Conservation of property of foreign or alien insurers found in the District of Columbia

§ 31–1349. Liquidation of property of foreign or alien insurers found in the District of Columbia

§ 31–1350. Domiciliary liquidators in other states

§ 31–1351. Ancillary formal proceedings

§ 31–1352. Ancillary summary proceedings

§ 31–1353. Claims of nonresidents against insurers domiciled in the District of Columbia

§ 31–1354. Claims of residents against insurers domiciled in reciprocal states

§ 31–1355. Attachment, garnishment, and levy of execution

§ 31–1356. Interstate priorities

§ 31–1357. Subordination of claims for noncooperation