Code of the District of Columbia

§ 31–5041.07. Prohibition of rebate and fee splitting.

(a) In a real or personal property transaction, a title insurance producer, a title insurer, or any employee or representative of a title insurance producer or a title insurer, shall not pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any valuable consideration or inducement, whether or not specified or provided for in the policy, except to the extent provided for in an applicable filing with the Commissioner as provided by law.

(b) In a real or personal property transaction, an insured named in a policy, or any employee of the insured, shall not knowingly receive or accept, directly or indirectly, any rebate, discount, abatement, credit, or reduction of premium, or any special favor, advantage, valuable consideration, or inducement, as specified in subsection (a) of this section.

(c) This section shall not prohibit:

(1) The payment of commissions or other compensation to domestic or foreign licensed title insurance producers or title insurer employees; or

(2) Any insurer from allowing or returning to its participating policyholders, members, or subscribers dividends, savings, or unabsorbed premium deposits.


(Sept. 24, 2010, D.C. Law 18-223, § 2128, 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 4(e), 60 DCR 12304.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-40, in (a), substituted “real or personal property transaction, a title insurance producer, a title insurer” for “residential property transaction, a title insurer” and substituted “representative of a title insurance producer or a title insurance producer or a title insurer” for “representative of a title insurer”; and substituted “real or personal property” for “residential property” in (b).

Emergency Legislation

For temporary (90 day) addition, see § 2122 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).