(a) A contested case brought by a third party based on a decision of the Commissioner pursuant to this subchapter shall be governed by applicable civil law; provided, that, the aggrieved party shall:
(1) Prove the appeal through clear and convincing evidence;
(2) Demonstrate irreparable harm;
(3) Not have another adequate remedy at law; and
(4) Post a bond of sufficient surety to protect the interests of the holders of the SPFC securities and policyholders in an amount not less than 15% of the total amount of the securitized transaction.
(b) If the Commissioner decides to reverse, amend, or modify a certificate of authority issued to an SPFC or the order issued in connection with them for a reason other than that specified in § 31-3931.15, the Commissioner shall meet the standards and criteria provided in subsection (a) of this section.
(Mar. 17, 2005, D.C. Law 15-262, § 214; as added Mar. 14, 2007, D.C. Law 16-285, § 2(b), 54 DCR 944.)
Structure District of Columbia Code
Title 31 - Insurance and Securities
Chapter 39A - Captive Insurance Companies (2004)
Subchapter II - Special Purpose Financial Captive Insurance Companies
§ 31–3932.03. Application of subchapter I of this chapter
§ 31–3932.04. Application requirements
§ 31–3932.05. Capital and surplus
§ 31–3932.06. Securities of SPFCs
§ 31–3932.07. Authorized contracts
§ 31–3932.08. Trust arrangements
§ 31–3932.09. Dividends and distributions
§ 31–3932.10. Confidentiality of examination reports; disclosure of information
§ 31–3932.12. Liquidation and rehabilitation