Chapter 2. TRANSACTION OF INSURANCE BUSINESS  


Article 1. Authorization of Insurers and General Requirements
Sec 20-201. "Alien" insurer defined
Sec 20-202. "Charter" defined
Sec 20-202.01. Stock insurer's initial free surplus defined
Sec 20-202.02. Mutual insurer's minimum required basic surplus defined
Sec 20-202.03. Mutual insurer's initial free surplus defined
Sec 20-202.04. Reciprocal insurer's required basic surplus defined
Sec 20-202.05. Reciprocal insurer's initial free surplus defined
Sec 20-203. "Domestic" insurer defined
Sec 20-204. "Foreign" insurer defined
Sec 20-205. "State," "United States" defined
Sec 20-206. Authority to transact insurance
Sec 20-207. General qualifications to transact insurance
Sec 20-208. Definition of guaranteed investment contract
Sec 20-209. Kinds of insurance an insurer may transact
Sec 20-210. Minimum required capital stock or basic surplus
Sec 20-211. Surplus required
Sec 20-212. Funds required to transact additional kinds of insurance
Sec 20-213. Deposit requirements
Sec 20-214. Financial requirements; escalator provisions
Sec 20-215. Application for certificate of authority
Sec 20-216. Issuance or refusal of certificate
Sec 20-217. Certificate of authority; term; termination; delivery upon termination or revocation
Sec 20-218. Name of insurer
Sec 20-218.01. Appointment of a statutory agent
Sec 20-218.02. Change of known place of business or statutory agent
Sec 20-219. Mandatory revocation or suspension
Sec 20-220. Certificate of authority; refusal to renew; revocation or suspension; civil penalty
Sec 20-220.01. Hazardous financial condition; determination; order
Sec 20-221. Director as agent for service of process
Sec 20-222. Service of process; time to answer
Sec 20-223. Annual statement; payment of fees; penalty for failure to file or pay
Sec 20-223.01. Annual report of product liability insurer
Sec 20-224. Premium tax; reports
Sec 20-224.01. Additional premium tax
Sec 20-224.02. Credit for overpayment of tax
Sec 20-224.03. Premium tax credit for new employment
Sec 20-224.04. Premium tax credit for increased employment in military reuse zones; definitions
Sec 20-224.05. Premium tax credit for health insurance certificates submitted by qualified persons; definitions
Sec 20-224.06. Premium tax credit for contributions to school tuition organization; low-income scholarships
Sec 20-224.07. Premium tax credit for contributions to school tuition organization; displaced students and students with disabilities
Sec 20-225. Failure to pay tax; penalty
Sec 20-226. Exclusive character of premium tax; exception
Sec 20-227. Disposition of tax proceeds
Sec 20-228. Exemption of insurers from general corporation reports and fees
Sec 20-229. Countersignature of insurance producer; exceptions
Sec 20-230. Retaliation
Sec 20-231. Transfer of domicile
Sec 20-232. Junior achievement program; exemption from licensure
Sec 20-233. Additional information required of insurer; disclosure to director; violation; classification
Sec 20-234. Filing requirement; participation in the insurance regulatory information system
Sec 20-235. Insurers; financial disclosure; requirements
Sec 20-236. Civil penalty for failure to respond to a request for verification of financial responsibility
Sec 20-237. Failure to provide information; penalty
Sec 20-238. Health insurance; state regulation; rating areas; definitions
Sec 20-239. Electronic communications and records; applicability; definitions
Sec 20-240. Electronic posting of policies; definitions
Article 2. Kinds of Insurance; Reinsurance; Limits of Risk
Sec 20-251. Definitions not mutually exclusive
Sec 20-252. "Casualty insurance" defined
Sec 20-253. "Disability insurance" defined
Sec 20-254. "Life insurance" defined
Sec 20-254.01. "Annuities" defined
Sec 20-255. "Marine and transportation insurance" defined
Sec 20-256. "Property insurance" defined
Sec 20-257. "Surety insurance" defined
Sec 20-258. Multiple line insurers
Sec 20-259. "Vehicle insurance" defined
Sec 20-259.01. Motor vehicle liability policy; uninsured optional; underinsured optional; subrogation; medical payments liens; definitions
Sec 20-259.02. Coverage to include car pool operators and car pool vehicles; definitions
Sec 20-259.03. Uninsured and underinsured motorist coverages; insured; wrongful death recovery
Sec 20-260. Limit of risk
Sec 20-261. Authorized reinsurance
Sec 20-261.01. Credit for reinsurance
Sec 20-261.02. Reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer
Sec 20-261.03. Qualified United States financial institution; definitions
Sec 20-261.04. Reinsurance agreements affected
Sec 20-261.05. Credit for reinsurance
Sec 20-261.06. Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer
Sec 20-261.07. Reinsurance agreements affected
Sec 20-261.08. Rules
Sec 20-262. Motor vehicle insurance policy; reduction of rate for older person completing accident prevention course; course requirements
Sec 20-263. Vehicle insurance; prohibited act by insurer; hearing; penalty
Sec 20-264. Automobile insurance; damaged safety equipment deductible optional; definition
Sec 20-265. Motor vehicle insurance; premium comparisons and complaint ratios
Sec 20-266. Minimum liability policy; availability
Sec 20-267. Motor vehicle liability policies; monthly basis; fee
Sec 20-268. Motor vehicle subrogation
Sec 20-270. Residential property insurance; prohibited acts
Sec 20-271. Lienholders; proof; accidents; notice; applicability
Article 3. Insurance Producer Licensing
Sec 20-281. Definitions
Sec 20-282. License required
Sec 20-283. Exceptions to insurance producer licensing
Sec 20-284. Application for examination
Sec 20-285. Application for license
Sec 20-286. Licensure; lines of authority
Sec 20-287. Nonresident licensing
Sec 20-288. Exemption from examination
Sec 20-289. Expiration; surrender; renewal
Sec 20-289.01. Inactive license or application status during military service
Sec 20-290. Insurance producer records; individual licensees
Sec 20-291. Service of process on nonresident licensees
Sec 20-292. Violation; injunctive relief
Sec 20-293. Insurance vending machines
Sec 20-294. Temporary licensing
Sec 20-295. License denial, suspension or revocation; civil penalty
Sec 20-296. Effect of suspension or revocation of license
Sec 20-297. Assumed business name; trade name
Sec 20-298. Commissions
Sec 20-299. Sharing of information
Sec 20-300. Reciprocity
Sec 20-301. Report of actions
Sec 20-302. Rules
Article 3.1. Managing General Agents
Sec 20-311. Definition of managing general agent; exceptions; adjustment or payment of claims
Sec 20-311.01. Managing general agents; requirements
Sec 20-311.02. Requirements for managing general agent agreements
Article 3.2. Adjusters
Sec 20-321. Definitions
Sec 20-321.01. Licensing of adjusters; qualifications; exemption
Sec 20-321.02. Application of other laws
Article 3.3. Other Insurance Professionals
Sec 20-331. Rental car agents; definitions
Sec 20-331.01. Political subdivision employees; risk management consultant licenses; application of other laws
Sec 20-332. Self-service storage agents; license; definitions
Sec 20-333. Limited lines travel insurance producer business entity license; requirements; travel retailers; definitions
Article 3.4. Navigators and Certified Application Counselors
Sec 20-336. Definitions
Sec 20-336.01. Scope and application of article
Sec 20-336.02. License required
Sec 20-336.03. Navigators; licensing
Sec 20-336.04. Certified application counselors; licensing
Sec 20-336.05. Enforcement; rules
Sec 20-336.06. Application of other laws
Article 3.5. Bail Bond Agents and Bail Recovery Agents
Sec 20-340. Definitions
Sec 20-340.01. Bail bond agents; licensure; business entities; place of business; receipt; maintenance of records
Sec 20-340.02. Bond of bail bond agents
Sec 20-340.03. Bail bond agent prohibitions
Sec 20-340.04. Bail recovery agent prohibitions; criminal records checks
Sec 20-340.05. Rules
Sec 20-340.06. Application of other laws
Article 4. Rates and Rating Organizations
Sec 20-341. Purpose of insurance rate regulation
Sec 20-342. Scope and application of article
Sec 20-343. Definitions
Sec 20-344. Uniform plans
Sec 20-356. Making of rates
Sec 20-357. Filing of rating system; definition
Sec 20-358. Disapproval of rates
Sec 20-359. Deviations from filed workers' compensation rates
Sec 20-361. Licensing of rating organizations
Sec 20-362. Notice to director of changes in rating organization
Sec 20-363. Availability of services of rating organization to members
Sec 20-364. Technical services
Sec 20-365. Cooperation in rate making
Sec 20-366. Appeal by member or subscriber from action relating to filings
Sec 20-367. Workers' compensation appeals board; composition
Sec 20-367.01. Appeals procedure
Sec 20-368. Advisory organizations
Sec 20-369. Joint underwriting or joint reinsurance
Sec 20-370. Examinations of rating organizations
Sec 20-371. Rate administration
Sec 20-372. Disclosure of information relating to rates
Sec 20-373. Commissions and fees
Sec 20-374. Revocation and suspension of licenses
Sec 20-375. Making of title insurance rates
Sec 20-376. Filing of title insurance rates; approval or disapproval
Sec 20-377. Justification for title insurance rates
Sec 20-378. Disapproval of title insurance filings
Sec 20-379. Deviations in title insurance rates
Article 4.1. Open Competition Rates and Rating Organizations
Sec 20-381. Definitions
Sec 20-382. Scope of application
Sec 20-383. Rate standards
Sec 20-384. Rating criteria
Sec 20-385. Filing of rates
Sec 20-386. Filings open to inspection
Sec 20-387. Delegation of rate making and rate filing obligations
Sec 20-388. Disapproval of rates
Sec 20-389. Rate service organizations; license; application
Sec 20-390. Advisory organizations; filing with director
Sec 20-391. Joint underwriting and joint reinsurance organizations; filing with director
Sec 20-392. Rate agreements among insurers prohibited
Sec 20-393. Recording and reporting of experience
Sec 20-394. Examination of rate service organizations and joint underwriting and joint reinsurance organizations
Sec 20-395. Apportionment agreements among insurers
Sec 20-396. Hearing and judicial review
Sec 20-397. Penalties; exception
Sec 20-398. Policy forms; approval or disapproval; exemption
Sec 20-399. Payment of dividends
Article 4.2. Compliance With Filed Rates
Sec 20-400. Scope of provisions
Sec 20-400.01. Unjustified adjustments
Sec 20-400.02. Submittal of data comparing premiums charged to filed rates
Sec 20-400.03. Penalties
Sec 20-400.04. Examinations
Sec 20-400.05. Examiners and examination related expenses
Sec 20-400.07. Report of examination
Sec 20-400.08. Insurance consumer advisory board
Sec 20-400.09. Rules
Sec 20-400.10. Industrial insureds
Article 5. Unauthorized Insurers
Sec 20-401. Definitions
Sec 20-401.01. Unlawful transaction of insurance business; exemptions
Sec 20-401.02. Violation; cease and desist orders; injunctive relief
Sec 20-401.03. Service of process in an action by the director of insurance
Sec 20-401.04. Action by attorney general to enforce order or decision of court or director; foreign decrees
Sec 20-401.05. Certificate of exemption; definitions
Sec 20-401.06. Unauthorized transactions; classification
Sec 20-401.07. Premium receipts tax on industrial insureds contracting with unauthorized insurer; definitions
Sec 20-402. Validity of contracts
Sec 20-403. Service of process in an action by someone other than the director of insurance
Sec 20-404. Exemptions
Sec 20-405. Prerequisites for participating in court action
Sec 20-406. Attorneys' fees in action against insurer
Sec 20-407. Surplus lines; brokers
Sec 20-408. Report of broker; civil penalty
Sec 20-409. Recognized surplus lines
Sec 20-410. Validity of surplus lines insurance; disclosure; policy fees
Sec 20-411. Licensing of surplus lines broker; examination
Sec 20-411.01. Licensing of Mexican insurance surplus lines broker
Sec 20-411.02. Nonresident surplus lines broker; remittance of tax on insurance procured out of state
Sec 20-412. Acceptance of surplus lines business by broker
Sec 20-413. Placing of surplus lines coverage; endorsement by broker; list of unauthorized insurers; removal from list; definition
Sec 20-414. Records of surplus lines brokers
Sec 20-415. Statement of surplus lines insurance business transacted by broker; reporting periods
Sec 20-416. Tax on surplus lines
Sec 20-416.01. Collection and payment of tax on surplus lines; multistate agreement
Sec 20-417. Failure to remit tax; civil penalty
Sec 20-418. Denial, revocation or suspension of license; civil penalty
Sec 20-419. Legal process against surplus lines insurer
Sec 20-420. Exemptions from surplus lines provisions
Sec 20-421. Access of director to records of person insured by unauthorized insurer
Sec 20-422. Alien insurance for coverage in Mexico
Sec 20-423. Voluntary domestic organization of surplus lines brokers; membership; stamping fee collection; meetings; definition
Article 6. Unfair Practices and Frauds
Sec 20-441. Purpose of article; definition
Sec 20-442. Unfair trade practices prohibited
Sec 20-443. Misrepresentations and false advertising of policies; false disclosure of compensation
Sec 20-443.01. Misrepresentation in sale of insurance; violation; classification
Sec 20-443.02. Stranger originated life insurance
Sec 20-444. False or deceptive advertising of insurance or status as insurer
Sec 20-445. Defamation
Sec 20-446. Acts tending to result in unreasonable restraint or monopoly of insurance business
Sec 20-447. False financial statements or records
Sec 20-448. Unfair discrimination; definitions
Sec 20-448.01. Required insurance procedures relating to HIV information; confidentiality; violations; penalties; definitions
Sec 20-448.02. Genetic testing; informed consent; definitions
Sec 20-449. Rebates on life or disability insurance
Sec 20-450. Practices not prohibited as discrimination or rebates in life and disability insurance; wellness programs
Sec 20-451. Rebates on other than life or disability insurance
Sec 20-452. Prohibited inducements
Sec 20-452.01. Designation of particular insurer or person transacting insurance prohibited
Sec 20-452.02. Exceptions
Sec 20-452.03. Evidence of nonviolation
Sec 20-452.04. Investigation by director of alleged violations
Sec 20-453. Programs for purchase by policyholders of securities of insurance companies
Sec 20-454. Programs for purchase by policyholders of securities of companies not engaged in insurance
Sec 20-455. Interlocking ownership or management; multiple directorship
Sec 20-456. Cease and desist order for defined or prohibited practices; civil penalty
Sec 20-457. Premature disposal of premium notes prohibited
Sec 20-458. Fraudulent statement in application; classification
Sec 20-459. Deferred dividends; life
Sec 20-460. Free choice of insurance producer
Sec 20-461. Unfair claim settlement practices
Sec 20-462. Timely payment of claims
Sec 20-463. Fraud; injunction; penalties; restitution; definitions
Sec 20-463.01. Unlawful practices; auto glass repair; policyholders; insurers
Sec 20-464. Prohibiting payment for services to persons other than the assignee
Sec 20-465. Fees; deposits; exception
Sec 20-466. Fraud unit; peace officer status; powers; information sharing duty of insurers
Sec 20-466.01. Fraud; classification
Sec 20-466.02. Injunction; restitution; civil penalties; costs
Sec 20-466.03. Notice of penalty for false or fraudulent claims; definition
Sec 20-466.04. Referrals to other licensing agencies; definition
Sec 20-467. Return premiums; penalties
Sec 20-468. Motor vehicle loss; policyholder choice of repair facility
Sec 20-469. Motor vehicle loss; choice of glass repair facility
Sec 20-469.01. Third party administrator; glass; violation; classification; definition
Article 7. Insurance on Collateral Security
Sec 20-471. Definition of insurance service charge; limit; prohibited use
Sec 20-472. Service charges in connection with insurance on collateral security prohibited when change of ownership
Sec 20-473. Obligation of mortgagee to furnish mortgagor copies of insurance policy
Sec 20-474. Service charges in connection with insurance on collateral security prohibited when mortgagee procures insurance
Sec 20-475. Reasonable requirements of security holder are valid
Sec 20-475.01. Insurance on mortgaged property; disclosure of expiration date prohibited; exception
Sec 20-476. Violation; classification
Article 8. Insurance Holding Company Systems
Sec 20-481. Definitions
Sec 20-481.01. Investment limitations; exemptions
Sec 20-481.02. Tender offers; required statements; disclosures; approval or disapproval by director; definition
Sec 20-481.03. Contents of statement
Sec 20-481.04. Statement filed by partnership, corporation or other group
Sec 20-481.05. Material change of fact; filing amended statement; time
Sec 20-481.06. Use of other statements
Sec 20-481.07. Approval and issues; notice; hearings
Sec 20-481.08. Appointment of director as agent for service of process; forwarding of process; consent to jurisdiction
Sec 20-481.09. Registration of insurers; deadline
Sec 20-481.10. Form and content of registration statement; disclosure of information; enterprise risk filing
Sec 20-481.11. Exemption for nonmaterial items
Sec 20-481.12. Standards
Sec 20-481.13. Material changes; amended statement; time; reporting of dividends
Sec 20-481.14. Termination of registration
Sec 20-481.15. Consolidated registration by affiliates
Sec 20-481.16. Alternative registration for an affiliate
Sec 20-481.17. Exemption by director
Sec 20-481.18. Disclaimer of affiliation or control; contents; effect on duty to register
Sec 20-481.19. Extraordinary dividend or distribution; time; notice; approval by director; definition
Sec 20-481.20. Examination of registered insurers; powers; limits; expense
Sec 20-481.21. Confidential records; consent to release; release without consent; information sharing
Sec 20-481.22. Power to make rules
Sec 20-481.23. Violations
Sec 20-481.24. Adequacy of surplus
Sec 20-481.25. Acquisitions involving insurers not otherwise covered; anticompetitive considerations; civil penalty; definitions
Sec 20-481.26. Penalties; cease and desist order; violation; classification
Sec 20-481.27. Recovery; liability
Sec 20-481.28. Insurer's license; revocation; suspension; nonrenewal
Sec 20-481.29. Injunctions; prohibitions against voting securities; sequestration of voting securities
Sec 20-481.30. Judicial review; special action
Sec 20-481.31. Supervisory colleges
Sec 20-481.32. Management of domestic insurers subject to registration
Article 9. Insurance Administrators
Sec 20-485. Definitions; scope
Sec 20-485.01. Written agreement; provisions; maintenance of records
Sec 20-485.02. Administrator as intermediary between insurer and insured; right of action preserved
Sec 20-485.03. Maintenance of records; access; confidentiality; information sharing; examination
Sec 20-485.04. Advertising; approval
Sec 20-485.05. Inclusion of underwriting standards
Sec 20-485.06. Charges or premiums collected held in fiduciary capacity; establishment of account; disbursements
Sec 20-485.07. Payment of claims on behalf of insurer
Sec 20-485.08. Delivery of written communications
Sec 20-485.09. Adjustment or settlement of claims; compensation
Sec 20-485.10. Deposit or surety bond of administrators; amount; purpose
Sec 20-485.11. Notice to insureds; statement of charge or premium for coverage; conflict of interest prohibited
Sec 20-485.12. Certificate of registration; fees; expiration; revocation; civil penalties; violation; classification; injunctive relief; exemption
Article 10. Reinsurance Intermediaries
Sec 20-486. Definitions; director's list
Sec 20-486.01. Licensure of reinsurance intermediaries
Sec 20-486.02. Required contract provisions; reinsurance intermediary brokers
Sec 20-486.03. Books and records; reinsurance intermediary brokers
Sec 20-486.04. Duties of insurers utilizing the services of a reinsurance intermediary broker
Sec 20-486.05. Required contract provisions; reinsurance intermediary managers
Sec 20-486.06. Books and records; reinsurance intermediary managers
Sec 20-486.07. Prohibited acts; reinsurance intermediary managers
Sec 20-486.08. Duties of reinsurers utilizing the services of a reinsurance intermediary manager
Sec 20-486.09. Examination authority
Sec 20-486.10. Penalties and liabilities
Sec 20-486.11. Adoption of rules
Article 11. Producer Controlled Property and Casualty Insurance
Sec 20-487. Definitions
Sec 20-487.01. Applicability
Sec 20-487.02. Minimum standards
Sec 20-487.03. Disclosure
Sec 20-487.04. Penalties
Article 12. Risk-Based Capital for Insurers
Sec 20-488. Definitions
Sec 20-488.01. Risk-based capital reports
Sec 20-488.02. Company action level event
Sec 20-488.03. Regulatory action level event
Sec 20-488.04. Authorized control level event
Sec 20-488.05. Mandatory control level event
Sec 20-488.06. Hearings
Sec 20-488.07. Confidentiality; information sharing
Sec 20-488.08. Supplemental provisions; rules; exemption
Sec 20-488.09. Foreign insurers
Sec 20-488.10. Notice
Sec 20-488.11. Immunity
Article 13. Violent Crime Control and Law Enforcement Act
Sec 20-489. Violent crime control and law enforcement act; insurance business; rules
Sec 20-489.01. Application of other laws
Article 14. Enforcement of Insurance Policies Affecting Certain Holocaust Victims
Sec 20-490. Definitions
Sec 20-490.01. Suspension of limitations period
Sec 20-490.02. Enforcement; civil penalty