Section 26-A200. PROHIBITION ON GEOGRAPHICAL DISCRIMINATION

 

200.1No insurer, policy-writing agent, soliciting agent, broker, or salaried company employee shall decline to insure or to renew contracts of insurance because of the geographic area within the District of Columbia wherein is located the subject of the risk or the applicant's or insured's address.

 

200.2The prohibition contained in §200.1 shall not act to prevent an insurer, agent, broker, or company employee from declining to issue contracts or fire or property insurance due to a determination, after on-site inspection and written report, that the condition of the property proposed to be insured does not meet applicable underwriting standards; Provided, that an applicant for that insurance shall be furnished a statement describing any improvements as are necessary to bring the property into conformity with applicable underwriting standards.

 

200.3The prohibition contained in §200.1 shall not act to prevent an insurer, agent, broker, or company employee from declining to issue contracts for fire or property insurance due to a determination that the property proposed to be insured will cause, due to its geographic location, a concentration of liability which will exceed reasonable underwriting standards based upon actual properties then insured and, either (1) excessive loss experience or (2) potential excessive loss experience within that geographical area; Provided, that the following requirements are satisfied:

(a)A copy of the underwriting standard shall be furnished to the applicant for insurance, if the application is denied;

 

(b)The Commissioner of Insurance may rule on the reasonableness of the applicable underwriting standard; and

 

(c)In any action arising with respect to this subsection, the burden of proof of reasonableness of the underwriting standard shall be on the proponent of the underwriting standard.

 

200.4Any insurer, policy-writing agent, soliciting agent, broker or salaried insurance company employee who violates any provision of this section shall be imprisoned for not more than ten (10) days, or fined not more than three hundred dollars ($300), or both, for each offense.