§ 31-2502.20a — Authority to transact business — Lloyd’s organizations.

District of Columbia § 31-2502.20a

• Jurisdiction: District of Columbia
• Title 31: Insurance and Securities.
• Ch. 25: Fire, Casualty, and Marine Insurance.
• Subch. II: Powers and Duties of the Commissioner.

Text

Individuals and aggregations of individuals transacting an insurance business upon the plan known as Lloyd’s whereby the individual underwriters become liable severally for specified proportions of the whole amount insured by a policy, heretofore organized under the laws of a state of the United States, or of a foreign government, may be authorized to transact business in the District, upon the following conditions:

(1) They shall comply with and be subject to the same terms, conditions, and provisions as are imposed by this chapter upon foreign stock insurance companies, except as provided in the next succeeding paragraph and except that the maximum amount of insurance to be assumed by an individual underwriter upon any single risk for each kind of insurance shall not exceed 10% of the value of the cash and securities deposited in trust by such underwriter, plus the share of admitted assets other than underwriter’s deposits of such Lloyd’s belonging to such underwriter, less the share of liabilities and reserves of such Lloyd’s allocable to such underwriter, but in no event shall it exceed 10 per centum of the value of cash or securities deposited in trust by such underwriter;

(2) They shall have and shall at all times maintain surpluses of not less than $300,000 in the aggregate and shall at all times have on deposit with an insurance department of a state of the United States, or with a bank or trust company designated by such insurance department, for the benefit of all policyholders within the United States the sum of at least $350,000 in cash or in securities such as are required for the investment of the assets of insurance companies authorized to do business in the District: Provided, that they shall not be required to establish or maintain such a deposit if they have on deposit in the hands of a bank or trust company in the United States as trustee cash deposits or securities issued by the United States worth not less than $2,000,000 in the aggregate and held in trust for the benefit of all policyholders in the United States;

(3) They shall file with the Commissioner an authenticated copy of their powers of attorney and an authenticated copy of the trust agreement, or other agreement under which deposits made by underwriters are held;

(4) They shall notify the Commissioner forthwith of any amendments to their powers of attorney, deposit agreement, or other documents underlying their organization, by filing with the Commissioner an authenticated copy of such document as amended;

(5) They shall notify the Commissioner forthwith of any change in their names or change of attorney-in-fact, or change of address of their attorney-in-fact;

(6) In the case of an alien Lloyd’s, their annual statement shall embrace only their condition and transactions in the United States, and may be verified by the oath of their resident manager or other person or persons having proper authority; and

(7) There shall be filed with the Commissioner by the attorney-in-fact at the time of filing the annual statement, or more often if the Commissioner requires, a statement verified by the appropriate official of such Lloyd’s, setting forth:

(A) The names and addresses of all the underwriters of such Lloyd’s;

(B) A description of the cash and securities deposited in trust by each underwriter;

(C) The maximum amount of insurance assumed by each underwriter upon any single risk or each kind of insurance; and

(D) That the maximum amount of insurance assumed upon any single risk for each kind of insurance by any individual underwriter does not exceed the limitation provided for in paragraph (1) of this section.

Legislative History

Oct. 9, 1940, 54 Stat. 1073, ch. 792, ch. II, § 20a; May 21, 1997, D.C. Law 11-268, § 10(r)(2), 44 DCR 1730