(a) The Commissioner may revoke or suspend the certificate of authority to transact insurance business in the District of a captive insurer, including, if applicable, a protected cell, which:
(1) Has failed or refused to comply with any provision or requirement of this chapter;
(2) Is impaired in capital or surplus;
(3) Is insolvent;
(4) Is determined, pursuant to Chapter 21 of this title, to be in such condition that further transaction of business by the company will be hazardous to its policyholders, creditors, or the general public;
(5) Has failed or refused to submit any report or statement required by law or order of the Commissioner;
(6) Has failed or refused to comply with any provision of its charter or bylaws;
(6A) Has violated Chapter 22A of this title [§ 31-2231.01 et seq.]; provided, that this paragraph shall apply only to District-domiciled risk retention groups licensed as captive insurers;
(7) Has used any method in transacting insurance business pursuant to this chapter which would be detrimental to the operation of the captive insurer or would make its condition unsound with respect to its policyholders or the general public; or
(8) Has failed otherwise to comply with the laws of the District or any jurisdiction.
(b) The Commissioner may also impose a fine not to exceed $5,000 for each violation by a captive insurer, including, if applicable, a protected cell, of any of the provisions found in subsection (a) of this section.
(Mar. 17, 2005, D.C. Law 15-262, § 16, 52 DCR 1205; Mar. 10, 2015, D.C. Law 20-203, § 2(j), 61 DCR 12572.)
This section is referenced in § 31-3932.03 and § 31-3932.14.
The 2015 amendment by D.C. Law 20-203 added “including, if applicable, a protected cell” in the introductory language of (a) and (b); and added (a)(6A).
For temporary (90 day) addition of section, see § 16 of Captive Insurance Company Emergency Act of 2004 (D.C. Act 15-640, November 30, 2004, 52 DCR 1238).
Structure District of Columbia Code
Title 31 - Insurance and Securities
Chapter 39A - Captive Insurance Companies (2004)
§ 31–3931.02. Authority to do business; prohibited activities
§ 31–3931.03. Organizational requirements for transacting business; incorporation
§ 31–3931.04. Protected cell captive insurers
§ 31–3931.05. Liquidation and rehabilitation of protected cells
§ 31–3931.06. Capital and surplus
§ 31–3931.09. Application requirements
§ 31–3931.11. Requirements for transacting business
§ 31–3931.12. Tax on premiums collected
§ 31–3931.14. Financial examination
§ 31–3931.15. Revocation, suspension, or fine
§ 31–3931.18. Rating organization
§ 31–3931.19. Captive insurance regulatory and supervision trust account