Chapter 5A. Bicycle Consumer Protection.
§ 50–531. Definitions.
For the purposes of this chapter, the term:
(1) "Bicyclist" means a person operating a bicycle, as that term is defined in § 50-1609(1).
(2) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking, or the Commissioner's designee.
(3) "Insured" means a named insured or any other person insured in a bicycle insurance policy, with the exception of those persons specifically excluded by endorsement on the bicycle insurance policy.
(4) "Insurer" means any person, company, or professional association licensed in the District of Columbia that provides bicycle insurance policies.
(5) "Named insured" means the person identified in the declaration of the bicycle insurance policy.
(6) "Person" means any natural person, firm, copartnership, association, government, government agency, or instrumentality.
§ 50–532. Consumer protection for bicycle insurance.
(a) No insurer shall cancel a bicycle insurance policy except for refusal or failure of the insured to pay a premium due under the terms of the policy of bicycle insurance.
(b) No cancellation or refusal to renew by an insurer of a bicycle insurance policy shall be effective unless the insurer has delivered or mailed to the named insured, at the address shown in the policy or to the named insured's last known address, a written notice of intent to cancel or refusal to renew. The required notice shall be provided to the named insured at least 30 calendar days before the effective date of cancellation, or, in the case of nonrenewal, 30 calendar days before the end of the policy period. The notice shall contain a statement advising the named insured of his or her right to request, in writing, within 15 calendar days of receipt of the notice, that the Commissioner review the action of the insurer in cancelling or refusing to renew the policy of the insured.
(c) Proof of mailing of the notice of cancellation, or of intention not to renew, to the named insured by post office receipt secured or certified mail at the address shown in the policy or to the named insured's last known address shall be sufficient proof of notice.
(d) Despite failure of the named insured to make timely payment of the renewal premium, failure by the insurer to provide the notice required by this section shall result in the insurer being required:
(1) To provide coverage for any claim that would have been covered under the policy, if the claim arises within 45 calendar days after the date within which the named insured discovers or should have discovered that his or her policy has not been renewed; and
(2) To renew the policy upon tender of payment; provided, that tender is made within 15 calendar days after the date the named insured discovers, or should have discovered, that his or her policy has not been renewed.
(e) No insurer shall fail or refuse to issue a policy of bicycle insurance to an applicant, fail or refuse to renew a policy of bicycle insurance, or cancel a policy of bicycle insurance in violation of Unit A of Chapter 14 of Title 2.
(f) No applicant for a policy of bicycle insurance, as a condition precedent to obtaining a policy or renewing a policy, shall be required to disclose whether he, she, or any person reasonably expected to operate the applicant's bicycle has ever had an insurance policy cancelled or not renewed; provided, that at the time of application an applicant may be required to disclose his or her experience as a bicyclist for a past period of not more than 3 years.
(g) No insurer shall refuse to insure, refuse to continue to insure, limit coverage available to, or charge a disadvantageous rate to any person seeking to obtain bicycle insurance because that person had not been previously insured.
(h) The restrictions on cancellation contained in this chapter shall not be effective with respect to any policy that has been in force for 60 calendar days or less if the policy is not a renewal policy.
§ 50–533. Appeals.
(a) If the insured disputes the validity of a purported cancellation or nonrenewal, the insured may send, within 15 calendar days of receipt of the notice of intent to cancel or not to renew, written notification to the Commissioner of the reasons the insured believes the action by the insurer is invalid. The Commissioner shall, upon receipt, immediately send the insurer a copy of the notification.
(b) Unless the matter referred to in subsection (a) of this section has been settled, the Commissioner shall determine, within 45 calendar days of receipt of the notification of appeal, whether the cancellation or nonrenewal was authorized under the terms of this chapter and shall notify immediately the insured and the insurer in writing of the decision.
(c)(1) If the Commissioner determines that a policy was improperly cancelled or not renewed, the policy in question shall be considered to be in effect and to have been in effect from the date of notification of cancellation or nonrenewal.
(2) If the Commissioner determines that a policy was properly cancelled or not renewed, the policy in question shall be considered to be cancelled or not renewed as of the cancellation or nonrenewal date given in the notice sent by the insurer pursuant to § 50-532 or as of the date of determination by the Commissioner, whichever is later. The insured shall pay any portion of the required premium or cost to the insurer for the insurance coverage in effect and provided by the insurer for which the insured has not paid.
(d) Decisions of the Commissioner shall be appealable pursuant to subchapter I of Chapter 5 of Title 2.
§ 50–534. Immunity.
There shall be no liability on the part of and no cause of action of any nature shall arise against any employee of the District government, any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation who, in good faith:
(1) Furnishes to the named insured information as to the reason for cancellation or nonrenewal;
(2) Makes any statement in any written notice of cancellation or renewal;
(3) Makes any other communication, oral or written, specifying the reason for cancellation or nonrenewal;
(4) Provides information pertaining to the insured; or
(5) Makes statements or submits evidence at any hearing conducted in connection with the cancellation or nonrenewal.
§ 50–535. Rights and policy terms.
(a) The rights provided by this chapter shall be in addition to and shall not prejudice any other rights the named insured may have at common law or otherwise.
(b) Notwithstanding § 50-1611(a)(1), an insurer that offers bicyclist insurance policies may require that an insured register his or her bicycle with the National Bicycle Registry, as that term is defined in § 50-1609(1B), or a District bicycle registry established by the Mayor in accordance with § 50-1611, and maintain such registration for the duration of the policy coverage.
