Title 18 — Insurance Code
83 chapters · 1,008 sections in this title.
18 Del. C. § 2301. Declaration of purpose.
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§ 2301. Declaration of purpose. (a) The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945, 15 U.S.C. § 1011 et seq., by defining or providing for the d…
18 Del. C. § 2302. Definitions.
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§ 2302. Definitions. When used in this chapter: (1) “Abuse” means the occurrence of 1 or more of the following acts between family members, current or former household members, or current or former intimate partners: a. Intentionally or recklessly causing or attempting to cause p…
18 Del. C. § 2303. Unfair methods of competition and unfair or deceptive acts or practices prohibited.
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§ 2303. Unfair methods of competition and unfair or deceptive acts or practices prohibited. No person shall engage in this State in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair o…
18 Del. C. § 2304. Unfair methods of competition and unfair or deceptive acts or practices defined [For application of this section, see 84 Del. Laws, c. 209, § 3].
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§ 2304. Unfair methods of competition and unfair or deceptive acts or practices defined [For application of this section, see 84 Del. Laws, c. 209, § 3]. The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insura…
18 Del. C. § 2305. Favored agent or insurer; coercion of debtors.
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§ 2305. Favored agent or insurer; coercion of debtors. (a) No person shall: (1) Require, as a condition precedent, concurrent or subsequent to the loaning of money upon the security of any real or personal property or to the selling of any such property under contract or extensio…
18 Del. C. § 2305A. Banks acting as insurance agents or brokers.
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§ 2305A. Banks acting as insurance agents or brokers. (a) Banks and subsidiaries thereof first authorized to conduct the business of insurance pursuant to § 761(a)(14) of Title 5 shall not act as insurance agents or brokers unless duly licensed to act as such pursuant to the prov…
18 Del. C. § 2306. Power of Commissioner.
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§ 2306. Power of Commissioner. The Commissioner shall have power to examine and investigate the affairs of every person engaged in the business of insurance in this State in order to determine whether such person has been or is engaged in any unfair method of competition or in an…
18 Del. C. § 2307. Procedures as to defined and undefined practices; hearings; witnesses; appearances; production of books and service of process.
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§ 2307. Procedures as to defined and undefined practices; hearings; witnesses; appearances; production of books and service of process. (a) Whenever the Commissioner shall have reason to believe that any such person has been engaged or is engaging in this State in any unfair meth…
18 Del. C. § 2308. Cease and desist and penalty orders and modifications thereof.
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§ 2308. Cease and desist and penalty orders and modifications thereof. (a) If, after such hearing, the Commissioner shall determine that the person charged has engaged in an unfair method of competition, or an unfair or deceptive act or practice, the Commissioner shall reduce suc…
18 Del. C. § 2309. Judicial review of orders.
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§ 2309. Judicial review of orders. (a) Except as to matters arising under Chapter 25 of this title, an appeal from the Commissioner shall be taken only from an order on hearing or as to a matter on which the Commissioner has refused or failed to hold a hearing after application t…
18 Del. C. § 2310. Judicial review by intervenor.
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§ 2310. Judicial review by intervenor. If after any hearing under § 2306 or § 2311 of this title the Commissioner’s report does not charge a violation of this chapter, then any intervenor in the proceedings may within 20 days after the service of such report cause a petition for …
18 Del. C. § 2311. Penalty for violation of cease and desist orders.
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§ 2311. Penalty for violation of cease and desist orders. (a) Any person who violates a cease and desist order of the Commissioner under § 2308 of this title, and while such order is in effect, may after notice and hearing and upon order of the Commissioner be subject at the disc…
18 Del. C. § 2312. Regulations.
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§ 2312. Regulations. (a) The Commissioner may, after notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by § 2304 or § 2305 of this title, but the regula…
18 Del. C. § 2313. Provisions of chapter additional to existing law.
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§ 2313. Provisions of chapter additional to existing law. The powers vested in the Commissioner by this chapter, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the method, acts and practices hereby declared…
18 Del. C. § 2314. Immunity from prosecution.
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§ 2314. Immunity from prosecution. If any person shall ask to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence or other documents at any hearing on the ground that the testimony or evidence required of him or her may …
18 Del. C. § 2315. Discrimination against individuals over 65 years of age.
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§ 2315. Discrimination against individuals over 65 years of age. (a) No person shall fail to make available to an insured continued coverage for hospital and medical-surgical expenses in health insurance, group and blanket health insurance, or health service corporation contracts…
18 Del. C. § 2316. Refusal to issue policy to blind or deaf persons prohibited.
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§ 2316. Refusal to issue policy to blind or deaf persons prohibited. (a) No insurer authorized to issue policies of accident and sickness insurance in the State shall refuse, for the reason of blindness or deafness, to issue an individual policy of accident and sickness insurance…
18 Del. C. § 2317. Genetics-based discrimination prohibited; health insurance.
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§ 2317. Genetics-based discrimination prohibited; health insurance. (a) For purposes of this section: (1) “Genetic characteristic” means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease,…
18 Del. C. § 2317A. Genetics-based discrimination prohibited; life insurance and annuities.
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§ 2317A. Genetics-based discrimination prohibited; life insurance and annuities. (a) For purposes of this section: (1) “Direct-to-consumer genetic testing” means any of the following: a. A consumer-initiated genetic testing product or service offered directly to a consumer. b. Th…
18 Del. C. § 2318. Care by advanced practice nurses.
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§ 2318. Care by advanced practice nurses. No health insurer, health service corporation or health maintenance organization shall deny benefits for eligible services when the services are rendered or performed by an advanced practice nurse as long as said advanced practice nurse a…
18 Del. C. § 2319. Carrier post-claim adjudication audit record requests.
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§ 2319. Carrier post-claim adjudication audit record requests. (a) For purposes of this section: (1) “Carrier” means any entity that provides health insurance in this State. “Carrier” includes an insurance company, health service corporation, health maintenance organization, and …
18 Del. C. § 2320. Discrimination prohibited; pre-exposure prophylaxis medication to prevent HIV infection.
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§ 2320. Discrimination prohibited; pre-exposure prophylaxis medication to prevent HIV infection. A person engaged in the business of life, disability, or long-term care insurance may not do any of the following solely because an individual has been prescribed pre-exposure prophyl…
18 Del. C. § 2321. Provider types, generally; pharmacists.
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§ 2321. Provider types, generally; pharmacists. (a) No health insurer, health service corporation, managed care organization, or health maintenance organization may deny benefits for eligible services based on the type of provider performing the service as long as the provider is…