The District of Columbia Department of Insurance, Securities and Banking (DISB) published a bulletin clarifying the provisions of the Unfair Trade Practices section of the DC Municipal Regulations.
Subsection 5001.1 states that an insurer cannot refuse to renew a homeowners insurance policy solely because of claim or loss frequency unless there have been two or more claims during the last three-year experience period.
An insurer is not permitted to consider any of the following as a claim or loss:
- The first claim for a loss caused by weather, unless the insurer can prove the insured failed to reasonably maintain the property and that failure contributed to the loss
- Any claim that was reported to the insurer as an inquiry, for which the insurer made no payment
- A loss for which there was no investigation or other claim activity
- A loss caused by a catastrophic event
DISB has received reports that some insurers have understood this regulation to mean that they can significantly increase a policyholder's premium, change their rating classification, or add a surcharge on the policy because of a first claim for loss due to a weather-related event, as long as they do not non-renew the policy. DISB advises that those actions are an attempt to evade the regulation and are also prohibited.
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