§ 31–2502.28b. Sewer-line backup insurance notice requirements for the provision of homeowner’s and renter’s insurance.

(a) Within 90 days of September 19, 2013, a company authorized to sell or negotiate homeowner’s or renter’s insurance in the District of Columbia shall provide a written notice that states that a standard homeowner’s or renter’s insurance policy does not cover losses from sewer-line back up to:

(1) An applicant at the time of application for a homeowner’s or renter’s insurance policy;

(2) A policyholder at the time of each renewal of a homeowner’s or renter’s insurance policy, to accompany the renewal notice; and

(3) On a one-time basis, a policyholder of a homeowner’s or renter’s insurance policy; provided, that a company shall not be required to provide the one-time notice to an existing policyholder if the renewal of that policyholder’s policy comes due within 90 days of the date the company began issuing the notices required by this subsection.

(b) The statement shall:

(1) Be on a separate form;

(2) Be titled, in at least 12-point type, “Sewer-line Backup Coverage Not Included in the Standard Homeowner’s or Renter’s Insurance Policy”; and

(3) Contain, at a minimum, the following information, in at least 12-point type:

(A) Advise the applicant that sewer-line backup insurance may be available for an additional premium and that a claim under a sewer-line backup insurance policy may be adjusted and paid on a different basis than a claim under a homeowner’s or renter’s insurance policy;

(B) Advise the applicant that a separate application must be completed to purchase sewer-line backup insurance;

(C) Advise the applicant to consult with the District Department of Insurance, Securities, and Banking or the applicant’s mortgage lender about the risks of sewer- line backup and the potential costs and benefits of sewer-line backup insurance; and

(D) Advise the applicant that the statement shall not be considered a replacement for the terms of the insurance policy, shall not have the effect of altering the coverage afforded by the policy, shall not confer new or additional rights beyond those expressly provided for in the policy, and is only provided as guidance to the homeowner in understanding the terms of the insurance policy.

(c) If an application is made by telephone, the insurer is deemed to be in compliance with this section if, within 7 calendar days after the date of application, the insurer sends by mail the notice to the insured.

(d) If an application is made using the Internet, the insurer is deemed to be in compliance with this section if the insurer provides the notice to the applicant in a stand-alone format, similar to the notice requirements in subsection (b)(1), (2), and (3) of this section, before the submission of the application.

(e) The insurer’s failure to provide notice as required under this section does not create a private right of action.