Title 18 — Insurance Code
83 chapters · 1,008 sections in this title.
18 Del. C. § 1701. Purpose and scope.
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§ 1701. Purpose and scope. (a) This chapter governs the qualifications and procedures for the licensing of insurance producers, surplus lines brokers, fraternal representatives, adjusters, apprentice adjusters, property damage appraisers, apprentice property damage appraisers and…
18 Del. C. § 1702. Definitions.
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§ 1702. Definitions. For purposes of this chapter: (1) “Adjuster” means a licensee of the Department who, as an independent contractor or on behalf of an independent contractor, insurer, self-insurer, producer or managing general agent, investigates and/or negotiates settlement o…
18 Del. C. § 1703. License required.
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§ 1703. License required. A person shall not transact insurance in this State for any class or classes of insurance unless the person is licensed as an insurance producer, adjuster or appraiser for that line of authority in accordance with this chapter.59 Del. Laws, c. 577, § 1; …
18 Del. C. § 1704. Exceptions to licensing.
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§ 1704. Exceptions to licensing. (a) Nothing in this chapter shall be construed to require an insurer to obtain a license pursuant to this chapter. In this section, the term “insurer” does not include an insurer’s officers, directors, employees, subsidiaries or affiliates. (b) A …
18 Del. C. § 1705. Application for examination.
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§ 1705. Application for examination. (a) A resident individual applying for a license shall pass a written examination unless exempt pursuant to § 1709 of this title. The examination shall test the knowledge of the individual concerning the lines of authority for which applicatio…
18 Del. C. § 1706. Application for license [For application of this section, see 83 Del. Laws, c. 297, § 2].
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§ 1706. Application for license [For application of this section, see 83 Del. Laws, c. 297, § 2]. (a) A person applying for a resident license shall make application to the Insurance Commissioner on the Uniform Application or on forms prescribed by the Commissioner for license ty…
18 Del. C. § 1707. License.
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§ 1707. License. (a) Unless denied licensure pursuant to § 1712 of this title, persons who have met the requirements of §§ 1705 and 1706 of this title shall be issued a license. An insurance producer may receive qualification for a license in 1 or more of the following lines of a…
18 Del. C. § 1708. Nonresident licensing.
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§ 1708. Nonresident licensing. (a) Unless denied licensure pursuant to § 1712 of this title, a nonresident person shall receive a nonresident license if: (1) The person is currently licensed as a resident and in good standing in that person’s home state; and (2) The person has su…
18 Del. C. § 1709. Exemption from examination.
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§ 1709. Exemption from examination. (a) An individual who applies for a license in this State who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available…
18 Del. C. § 1710. Assumed names.
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§ 1710. Assumed names. A licensee doing business under any name other than the licensee’s legal name is required to notify and receive the approval of the Insurance Commissioner prior to using the assumed name. Such notification shall include proof that the licensee has registere…
18 Del. C. § 1711. Temporary licensing.
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§ 1711. Temporary licensing. (a) The Insurance Commissioner may issue a temporary license for a period not to exceed 180 days without requiring an examination if the Insurance Commissioner deems that the temporary license is necessary for the servicing of an insurance business in…
18 Del. C. § 1712. License denial, nonrenewal or revocation.
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§ 1712. License denial, nonrenewal or revocation. (a) The Insurance Commissioner may place on probation, suspend, revoke or refuse to issue or renew a license or may levy a penalty in accordance with subsection (d) of this section or any combination of actions, for any 1 or more …
18 Del. C. § 1713. Conservation of insurance business.
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§ 1713. Conservation of insurance business. (a) If the Commissioner finds that the business of any licensee in this State has become financially impaired or insolvent, or has been abandoned by the licensee, or has been conducted in such a manner as to require or justify revocatio…
18 Del. C. § 1714. Commissions.
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§ 1714. Commissions. (a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this State if that person is required to be licensed under this c…
18 Del. C. § 1715. Appointments.
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§ 1715. Appointments. (a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. (b) To appoint …
18 Del. C. § 1716. Notification to Insurance Commissioner of termination.
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§ 1716. Notification to Insurance Commissioner of termination. (a) Termination for cause. — An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the Insur…
18 Del. C. § 1717. Reciprocity.
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§ 1717. Reciprocity. (a) The Insurance Commissioner shall waive any requirements for a nonresident license applicant with a valid license from the applicant’s home state, except the requirements imposed by § 1708 of this title, if the applicant’s home state awards nonresident lic…
18 Del. C. § 1718. Additional or continuing education.
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§ 1718. Additional or continuing education. In addition to meeting the standards prescribed in other sections of this chapter for the issuance of a license, the Commissioner may promulgate regulations and/or prerequisites which will establish reasonable standards and criteria for…
18 Del. C. § 1719. Reporting of actions.
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§ 1719. Reporting of actions. (a) A licensee shall report to the Insurance Commissioner any administrative action taken against the licensee in another jurisdiction or by another governmental agency in this State within 30 days of the final disposition of the matter. This report …
18 Del. C. § 1720. Regulations.
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§ 1720. Regulations. The Insurance Commissioner may promulgate reasonable regulations as are necessary or proper to carry out the purposes of this chapter.59 Del. Laws, c. 577, § 1; 70 Del. Laws, c. 424, § 1; 73 Del. Laws, c. 80, § 1;
18 Del. C. § 1721. Enforcement after license lapses or is surrendered.
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§ 1721. Enforcement after license lapses or is surrendered. The Commissioner shall retain authority to enforce the provisions of, and impose any penalty or remedy authorized by, this chapter and title against any person who is under investigation for, or charged with, a violation…
18 Del. C. § 1722. Regulation of adjusters and appraisers [Repealed].
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§ 1722. Regulation of adjusters and appraisers [Repealed].79 Del. Laws, c. 102, § 5; repealed by 80 Del. Laws, c. 215, § 17, effective Apr. 20, 2016.;
18 Del. C. § 1723. Severability.
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§ 1723. Severability. If any provisions of this chapter, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held in…
18 Del. C. § 1724. Effective date.
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§ 1724. Effective date. This chapter shall take effect March 1, 2002.73 Del. Laws, c. 80, § 1; 79 Del. Laws, c. 102, § 6; 80 Del. Laws, c. 215, § 17;