Order Providing Relief to Policyholders (Emergency consumer relief during COVID-19)
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An emergency order directing insurers authorized in the District of Columbia to implement temporary relief measures for policyholders during the COVID-19 Public Health Emergency, affecting life, health, hospital/medical service corporations, property and casualty, taxicab, fraternal benefit societies, and premium finance companies (excluding captives and RRGs).
No material clinical or coverage changes in this revision.
Emergency Relief Measures
Emergency relief measures and coverage guidance
Insurers must implement the following relief measures for policyholders during the Public Health Emergency:
Prohibition and repayment
- Prohibit termination of insurance contracts due to non-payment during the Public Health Emergency; unpaid premiums remain owed but are treated as an extension of the grace period.
- Provide policyholders the ability to repay any unpaid premiums in installments over a period of not less than 12 months beginning one month after the end of the Public Health Emergency.>= 12 months
- Waive late fees for premium payments due but not paid.
Reasonable accommodations
- Waive installment, late payment, or reinstatement fees.
- Defer cancellations, non-renewals, and adverse underwriting actions.
- Extend billing due dates and premium grace periods.
- Ensure late payments during the emergency are not considered in any future premium calculations (i.e., such late payments shall not be used for rating, pricing, tiering attributes, etc.).
- Notify District policyholders of available accommodations and provide ready access to apply online, by mail, and telephonically.
- Provide an option to use electronic payment technology (website, software application, or electronic bank transfers) when possible.
Premium relief and audits
- For policies subject to audits, permit policyholders to self-audit and self-report changes in exposure in lieu of physical audits when impracticable so premiums can be adjusted.
- Prospective reductions or retroactive refunds of premium due to changed exposures that are reasonable and consistently applied shall not be treated as a rate change requiring a new filing, a rebate, or unfair discrimination; reasonable adjustments will not violate rules on returning premiums, frequency of premium changes, or filing and approval of rating plans, rules, or policy language.
Rate filings when required
- If temporary premium reductions create new classifications or are intended to extend beyond the Public Health Emergency, submit new rate filings disclosing the amount and duration and include applicable policy forms.
- Include a request for expedited review with the rate filing when appropriate.
Auto coverage for delivery drivers
- Waive or suspend personal automobile 'commercial' or 'livery' use exclusions to accommodate insureds driving their own or another automobile to deliver food, medicine, or medical supplies as a result of the Public Health Emergency.
- This waiver applies only to drivers who do not otherwise have delivery coverage and does not apply to drivers working for transportation network companies or similar delivery companies; the coverage does not stack with existing coverage.
Commercial general liability – hired and non-owned auto
- For businesses instituting delivery service as a result of the emergency, commercial general liability insurers shall notify those businesses that hired and non-owned auto coverage is available upon request.
- If requested, the insurer shall provide hired and non-owned auto coverage by rider or stand‑alone policy to insured restaurants and similar businesses for policies in effect on or after March 17, 2020; coverage is effective upon the date requested.
- Insurers offering retroactive coverage may require the insured to certify that they have not incurred any potential claims during the retroactive period.
Regulatory review and expedited filings
- The Department will provide expedited review of form and rate filings for insurers offering accommodations and premium relief.
- Requests for expedited review of form or rate filings must include the SERFF tracking number and a brief description and should be submitted to the specified Department contacts.
Expedited Review Requests and Filing Contacts
Expedited review request procedure
To request expedited review of a form or rate filing, submit an email to the named Department contacts that includes the SERFF tracking number and a brief description of the filing. Use howard.liebers@dc.gov for form filings and robert.nkojo@dc.gov for rate filings.
- Include the SERFF tracking number and a brief description of the filing in the email.
- Use howard.liebers@dc.gov for form filings.
- Use robert.nkojo@dc.gov for rate filings.
Key Definitions and Covered Entities
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