Section 26-A2108. LIMITATION OF EXPENSES AND LOSSES PAYABLE BY SINKING FUNDS  


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    2108.1Only two types of disbursements may be made from a sinking fund:

     

    (a)Paid losses; and

     

    (b)Allocated loss adjustment expenses.

     

    2108.2A paid loss includes all sums paid to claimants, or members, or participants in the sinking fund, in direct settlement or in satisfaction of a judgment for a liability covered by the liability coverage document.

     

    2108.3An allocated loss adjustment expense is an expense incurred by a sinking fund that is related to a specific claim. Allocated loss adjustment expenses include:

     

    (a)Attorney’s fees for claims in a suit;

     

    (b)Adjuster's fees and medical expenses incurred to determine the extent of the sinking fund's liability for particular claims; and

     

    (c)Court related expenses for: expert testimony, stenographic services, summons, and copies of legal documents.

     

source

Final Rulemaking published at 36 DCR 5113 (July 21, 1989).