Title 18 — Insurance Code
83 chapters · 1,008 sections in this title.
18 Del. C. § 2601. Scope of chapter.
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§ 2601. Scope of chapter. This chapter applies to workers’ compensation and related employer’s liability insurance but shall not apply to reinsurance.69 Del. Laws, c. 163, § 1; 70 Del. Laws, c. 172, § 10;
18 Del. C. § 2602. Definitions.
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§ 2602. Definitions. (a) “Accepted actuarial standards” shall mean the standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Insurance Ratemaking, and the Standards of Practice adopted by the Actuarial Standards Board. …
18 Del. C. § 2603. Competitive market; hearing.
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§ 2603. Competitive market; hearing. (a) A competitive market is presumed to exist unless the Commissioner, after a hearing, issues an order stating that a reasonable degree of competition does not exist in the market. Such order shall expire no later than 1 year after issue. (b)…
18 Del. C. § 2604. Ratemaking standards.
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§ 2604. Ratemaking standards. (a) Rates shall not be excessive, inadequate or unfairly discriminatory. (1) Rates in a competitive market are not excessive. Rates in a noncompetitive market are excessive if they are likely to produce a long-run profit that is unreasonably high in …
18 Del. C. § 2605. Review by Commissioner.
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§ 2605. Review by Commissioner. The Commissioner may investigate and determine whether or not rates in this State are excessive, inadequate, or unfairly discriminatory. In any such investigation and determination, the Commissioner shall give due consideration to those factors spe…
18 Del. C. § 2606. Rules not to affect dividends.
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§ 2606. Rules not to affect dividends. No advisory organization shall adopt any rule that would prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the pay…
18 Del. C. § 2607. Membership in advisory organization.
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§ 2607. Membership in advisory organization. (a) The Commissioner shall designate an advisory organization to assist the Commissioner in gathering, compiling and reporting relevant statistical information. Every workers’ compensation insurer shall record and report its workers’ c…
18 Del. C. § 2608. Interchange of rating plan data; consultation; cooperative action in rate making.
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§ 2608. Interchange of rating plan data; consultation; cooperative action in rate making. (a) Reasonable rules and plans may be promulgated by the Commissioner for the interchange of data necessary for the application of rating plans. (b) In order to further conform administratio…
18 Del. C. § 2609. Rate filings.
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§ 2609. Rate filings. (a) Each authorized insurer shall file with the Commissioner all rates, supplementary rate information and any changes and amendments made by it for use in this State as required in § 2610 of this title. An insurer may establish rates and supplementary rate …
18 Del. C. § 2610. Review of insurance filings.
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§ 2610. Review of insurance filings. (a) The Commissioner shall investigate and review each insurance filing under the following guidelines: (1) The effective date of each workers’ compensation insurance filing shall be the date specified in the filing. The effective date of the …
18 Del. C. § 2611. Improper rates; hearing.
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§ 2611. Improper rates; hearing. (a) If the Commissioner finds that a rate is not in compliance with § 2604 of this title, or that a rate had been set in violation of § 2616 of this title, the Commissioner shall order that its use be discontinued for any policy issued or renewed …
18 Del. C. § 2612. Restrictions on certain insurers; waiting period.
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§ 2612. Restrictions on certain insurers; waiting period. (a) The Commissioner may require that a particular insurer file any or all of its rates and supplementary rate information 30 days prior to their effective date, if the Commissioner finds after a hearing that the protectio…
18 Del. C. § 2613. Delay of rates in noncompetitive market.
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§ 2613. Delay of rates in noncompetitive market. (a) A 30-day waiting period may be implemented or extended under the following circumstances: (1) After finding that the market is not competitive, under § 2603 of this title, the Commissioner may adopt a rule requiring that any su…
18 Del. C. § 2614. Challenge and review of application of rating system.
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§ 2614. Challenge and review of application of rating system. (a) Each advisory organization and every insurer subject to this chapter that makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system, i…
18 Del. C. § 2615. Consent to rate.
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§ 2615. Consent to rate. Notwithstanding any other provision of this chapter, upon the written consent of the insured, filed with and approved by the Insurance Commissioner, a rate in excess of that determined in accordance with the other provisions of this chapter may be used on…
18 Del. C. § 2616. Acts reducing competition prohibited.
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§ 2616. Acts reducing competition prohibited. (a) In this section, the word “insurer” includes 2 or more affiliated insurers: (1) Under common management; or (2) Under common controlling ownership or under other common effective legal control and in fact engaged in joint or coope…
18 Del. C. § 2617. Advisory organization: permitted activity.
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§ 2617. Advisory organization: permitted activity. Any advisory organization, in addition to other activities not prohibited, is authorized to: (1) Develop statistical plans including class definitions; (2) Collect statistical data from members, subscribers or any other source; (…
18 Del. C. § 2618. Residual market mechanisms.
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§ 2618. Residual market mechanisms. (a) All insurers authorized to write workers’ compensation and employers’ liability insurance shall participate in a plan providing for the equitable apportionment among them of insurance which may be afforded applicants who are in good faith e…
18 Del. C. § 2619. Penalties.
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§ 2619. Penalties. (a) The Commissioner may, upon finding that any person or organization has violated this chapter, impose a penalty of not more than $500 for each such violation. Upon finding such violation to be wilful, the Commissioner may impose a penalty of not more than $1…
18 Del. C. § 2620. Appeals from Commissioner.
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§ 2620. Appeals from Commissioner. Any order, decision or act of the Commissioner under this chapter is subject to judicial review upon petition of any person aggrieved. The appeal shall be to the Court of Chancery in any county of this State. A petition for review shall be filed…
18 Del. C. § 2621. Transition.
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§ 2621. Transition. Insurers and the advisory organization are not required to immediately refile rates previously implemented. Any member or subscriber of an advisory organization is authorized to continue to use all rates and deviations filed or approved for its use until the i…
18 Del. C. § 2622. Effective date [Repealed].
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§ 2622. Effective date [Repealed].69 Del. Laws, c. 163, § 1; repealed by 84 Del. Laws, c. 337, § 4, effective Aug. 2, 2024.;
18 Del. C. § 2623. Workers’ compensation rates.
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§ 2623. Workers’ compensation rates. The rates and rating plans submitted under this chapter for workers’ compensation shall provide for discounts on workers’ compensation premiums for those Delaware employers who meet criteria as established by the Commissioner to promote and ma…
18 Del. C. § 2624. Workers’ compensation and employers’ liability forms and policies.
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§ 2624. Workers’ compensation and employers’ liability forms and policies. (a) Every insurer shall file with the Commissioner all forms, endorsements, contracts or policies proposed for use in Delaware in connection with workers’ compensation or employers’ liability insurance. (b…