Title 18, Insurance Code

§ 8602. Purpose and intent. (a) Notwithstanding any other provision of law, this chapter establishes the exclusive state standards for data security and the investigation of, and notification to, the Commissioner and consumers when a cybersecurity event involving a licensee under…

§ 8603. Definitions. As used in this chapter: (1) “Authorized individual” means an individual to whom a licensee gave authorization to access and use nonpublic information that the licensee and the licensee’s information system holds. (2) “Commissioner” means the Insurance Commis…

§ 8604. Information security program [For application of this section, see 82 Del. Laws, c. 176, § 2]. (a) Implementation of an information security program. — (1) A licensee shall develop, implement, and maintain a comprehensive, written information security program that is base…

§ 8605. Investigation of a cybersecurity event. (a) If a licensee learns that a cybersecurity event has or may have occurred, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation. (b) During an in…

§ 8606. Notification of a cybersecurity event. (a) Notification to the Commissioner. — A licensee shall notify the Commissioner as promptly as possible but in no event later than 3 business days from the licensee’s determination that a cybersecurity event has occurred if either o…

§ 8607. Power of Commissioner. (a) The Commissioner may examine and investigate the affairs of a licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. The Commissioner’s power under this section is in addition to the powers…

§ 8608. Confidentiality. (a) (1) Documents, materials, or other information in the Department’s control or possession that a licensee or employee or agent acting on behalf of a licensee furnished under § 8604(i) or § 8606(b)(2)b., (b)(2)c., (b)(c)d., (b)(2)e., (b)(2)h., (b)(2)j.,…

§ 8609. Exceptions. (a) The following exceptions apply to this chapter: (1) A licensee with fewer than 15 employees is exempt from § 8604 of this chapter. (2) A licensee subject to the Health Insurance Portability and Accountability Act [P.L. 104-191, as amended] that has establi…

§ 8610. Penalties. If a licensee violates this chapter, the licensee may be subject to penalties under § 329 of this title.82 Del. Laws, c. 176, § 1;

§ 8611. Regulations. The Commissioner may, in accordance with § 311 of this title, promulgate regulations necessary to carry out the provisions of this chapter.82 Del. Laws, c. 176, § 1;

§ 8701. Definitions. As used in this chapter, unless the context clearly indicates a different meaning, the following words and phrases shall have the meaning ascribed to them in this section: (1) “Affordable Care Act” means the Patient Protection and Affordable Care Act, 42 U.S.…

§ 8702. Applicability and scope. (a) This chapter shall apply to the following licensees: (1) Any carrier, as defined under § 8701 of this title. (2) Any other person or entity subject to regulation by the State that provides products that may be subject to an assessment by the S…

§ 8703. Delaware Health Insurance Individual Market Stabilization and Reinsurance Program assessment. (a) The purpose of this section is to establish a funding mechanism for the Delaware Health Insurance Individual Market Stabilization and Reinsurance Program created by § 9903(g)…

§ 8801. Short title. This chapter is known and may be cited as the “Pet Insurance Act.”84 Del. Laws, c. 184, § 1;

§ 8802. Scope and purpose. (a) The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which pet insurance may be sold in Delaware. (b) This chapter applies to all of the following: (1) A pet insurance policy that is issued …

§ 8803. Definitions; use of defined terms in policies. (a) As used in this chapter: (1) “Chronic condition” means a condition that can be treated or managed, but not cured. (2) “Congenital anomaly or disorder” means a condition that is present from birth, whether inherited or cau…

§ 8804. Disclosures. (a) A pet insurer transacting pet insurance shall disclose all of the following to consumers: (1) If the policy excludes coverage due to any of the following: a. A preexisting condition. b. A hereditary disorder. c. A congenital anomaly or disorder. d. A chro…

§ 8805. Policy conditions. (a) (1) A pet insurer may issue a policy that excludes coverage on the basis of 1 or more preexisting conditions with appropriate disclosure to the consumer. The pet insurer has the burden of proving that the preexisting condition exclusion applies to t…

§ 8806. Sales practices for wellness programs. (a) A pet insurer or insurance producer may not market a wellness program as pet insurance. (1) If a wellness program undertakes to indemnify or pay another as to loss from a certain specified contingency or peril, or to pay or grant…

§ 8807. Insurance producer training. (a) An insurance producer may not sell, solicit, or negotiate a pet insurance product until after the producer is appropriately licensed and has completed the required training under subsection (c) of this section. (b) An insurer must ensure t…

§ 8808. Regulations. The Insurance Commissioner may promulgate rules and regulations to administer this chapter.84 Del. Laws, c. 184, § 1;

§ 8809. Violations. A violation of this chapter is subject to penalties under § 329 of this title.84 Del. Laws, c. 184, § 1;