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D.C. management-liability coverage for contractors, interns, and nonprofit boards

D.C. Human Rights Act definitions include unpaid interns and many people working or seeking work as independent contractors, while excluding a service vendor performing a discrete service for an individual customer. The statute defines employer around compensation, with a household-family exception. D.C. nonprofit corporations may insure specified directors and officers; a quote still controls who is insured. 1,2

What Is Management Liability?

Management liability packages can combine D&O and employment-practices coverage for leader and workplace claims, while benefit-plan protection may be a separate part. Shared limits can let a claim in one part reduce what is available for another, so compare the limits across the quote. Read the national Management liability guide.

What to Watch for in District of Columbia

  • Bring non-payroll workers into the D.C. EPL discussion

    A D.C. discrimination allegation may involve an unpaid intern or a person working or seeking work as an independent contractor under the Human Rights Act definition; a discrete-service vendor to an individual customer is excluded from that term. Identify contractor models and internship arrangements, then ask how “employee,” “insured,” and third-party claim are defined in the selected EPL wording. 1

  • Describe the entity that pays and directs the work

    D.C. defines employer as a person who, for compensation, employs an individual, including persons acting in the employer’s interest; the family-household exception is narrow. In a staffing or multi-entity arrangement, identify who contracts, pays, supervises, and makes the decision so the carrier can address the correct entity and managers. 1

  • For a D.C. nonprofit, connect the statute to named board and plan roles

    Section 29-406.57 permits a D.C. nonprofit to buy insurance for specified director/officer service outside the nonprofit, including requested employee-benefit-plan service. Give the insurer the outside organization and plan roles, then check the actual D&O and fiduciary wording. For an ERISA plan subject to § 412, separately compare the plan’s bond, asset-handling roles, and any statutory/regulatory exceptions; corporate insurance authority does not show a plan bond or policy covers the role. 2,3,4

Who Regulates Insurance in District of Columbia

District of Columbia Department of Insurance, Securities and Banking

DISB licenses and supervises insurance companies and producers, enforces District insurance laws, and provides consumer complaint assistance. Its licensing search covers insurance entities and representatives; consumers can contact the agency’s complaints unit for help. 6,7,9

Surplus-lines tax and stamping office

Reported tax rate: Generally 2% of gross premium, including qualifying placement fees When the District is the insured’s home state, surplus-lines agents and brokers generally owe a 2% tax on gross premium, including necessary fees incidental to placement when separately itemized. An agent or broker procuring insurance on behalf of the District government is exempt for that government business; claiming the exemption requires identifying its allocation in the required affidavit and does not waive other statutory duties. Ask the broker which taxes and fees your agreement passes through to you. DISB generally requires a diligent effort to place risks with authorized insurers. For a purchaser meeting the federal exempt-commercial-purchaser definition, the broker may skip that search only after disclosing that insurance may or may not be available from the admitted market, which may provide greater protection with more regulatory oversight, followed by the purchaser’s written request for nonadmitted placement. This record does not state a District-specific guaranty-fund conclusion. 8,10,11,12,5

Providers With Documented State Licenses

No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Questions to Ask Before You Buy in District of Columbia

  1. Which D.C. workers are interns, contractors, service vendors, or employees of a related entity, and who compensates them?
  2. Does the EPL insured definition reach the people and entities involved in the workforce arrangement?
  3. For a nonprofit, which directors or officers serve at its request for another entity or a benefit plan?
  4. For any ERISA plan, which people have access or authority that creates risk to plan assets, what exceptions apply, and what do the plan’s bond and selected crime/fiduciary terms cover?

Management Liability in District of Columbia: FAQ

Are all D.C. independent contractors covered by the Human Rights Act employee definition? 1

No. The definition includes people working or seeking work as independent contractors, but excludes a service vendor who provides a discrete service to an individual customer. The statutory classification does not determine whether a policy’s EPL terms include a person or claim. 1

Does § 29-406.57 automatically make a nonprofit’s benefit-plan fiduciary an insured? 2,3,4

No. Section 29-406.57 authorizes a nonprofit to buy insurance for specified director/officer and requested outside-service roles; it does not make any person an insured under an issued policy. Ask for the applicable insured-capacity wording, and assess any ERISA § 412 plan bond separately against the plan, handling roles, and exceptions. 2,3,4

Management Liability in Other States

Other Coverage in District of Columbia

Sources

  1. D.C. Code § 2-1401.02, Definitions. Council of the District of Columbia, D.C. Law Library; Current definitions (9)–(10): employee includes unpaid interns and people working/seeking work as independent contractors except discrete-service vendors; compensated-employer definition and household-family exception. Accessed 2026-09-28.
  2. D.C. Code § 29-406.57, Insurance. Council of the District of Columbia, D.C. Law Library; Full current section: nonprofit may insure current/former directors/officers and specified requested service at another entity or employee benefit plan whether or not indemnification or advancement is available. Accessed 2026-09-28.
  3. 29 U.S.C. § 1112, ERISA fidelity bonding. U.S. Government Publishing Office; ERISA § 412(a)–(e): covered plan fiduciaries and persons handling plan funds/property; fraud-or-dishonesty protection; statutory exceptions; amount and procurement rules. Authenticated U.S. Code text records amendments through 2019, accessed 2026-09-28. Accessed 2026-09-28.
  4. 29 C.F.R. § 2580.412-6, Handling test for ERISA bonding. Office of the Federal Register, Electronic Code of Federal Regulations; Current eCFR displayed as of 2026-09-24; § 2580.412-6(a)–(b): risk-based handling definition, access/control/disbursement examples, negligible-risk qualification. Accessed 2026-09-28.
  5. D.C. Code §31–2502.40: License to procure policies from unauthorized companies. Council of the District of Columbia; Subsection (a): broker/agent tax and diligent effort; (c)(1)–(3): District-government procurement tax exemption, allocation statement and continuing duties. Accessed 2026-09-28.
  6. Department of Insurance, Securities and Banking. District of Columbia DISB; Official insurance regulator homepage. Accessed 2026-09-28.
  7. Verify a Financial Institution or Representative Licensed with DISB. District of Columbia DISB; Official license verification for companies and representatives. Accessed 2026-09-28.
  8. Surplus Line Information. District of Columbia DISB; Current 2% tax base including incidental placement fees; fees must be necessary and separately itemized; diligent-effort rule. Accessed 2026-09-28.
  9. File a Complaint or Report Fraud. District of Columbia DISB; Official insurance complaint information and filing form. Accessed 2026-09-28.
  10. 15 U.S.C. §8201: Reporting, payment, and allocation of premium taxes. U.S. House of Representatives, Office of the Law Revision Counsel; §8201(a): exclusive insured home-State authority to require nonadmitted premium tax; (c): separate allocation reporting. Accessed 2026-09-28.
  11. 15 U.S.C. § 8205: Streamlined application for commercial purchasers. U.S. House of Representatives, Office of the Law Revision Counsel; §8205(1)-(2): admitted-market disclosure about possible availability, greater protection and oversight followed by the qualified purchaser’s written request; eligibility separately defined in §8206(5). Accessed 2026-09-28.
  12. 15 U.S.C. §8206: Definitions. U.S. House of Representatives, Office of the Law Revision Counsel; §8206(5) exempt-commercial-purchaser criteria; (6) home State and affiliated-insured rules; (13) qualified risk manager. Accessed 2026-09-28.
  13. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  14. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  15. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  16. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  17. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  18. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  19. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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