Title 18, Insurance Code

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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;

§ 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…

§ 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.;

§ 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…

§ 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;

§ 1750. Definitions. For the purposes of § § 1750 through 1761 of this title, the following terms have the meanings indicated. (1) “Adjuster” means an adjuster as defined in § 1702 of this title. (2) “License” means a license issued by the Commissioner to act as a public insuranc…

§ 1751. License requirement. (a) No person shall, directly or indirectly, act as a public adjuster without first procuring a license from the Commissioner to act as a public insurance adjuster. (b) The Commissioner shall issue a license to an applicant for a public adjuster’s lic…

§ 1752. Bond requirement. (a) At the time of the application for license as a public adjuster, the applicant shall file with the Commissioner a bond executed and issued by a surety insurer authorized to transact business in the State in the amount of $20,000, which bond shall ser…

§ 1753. Ownership of other entities. (a) An applicant for a public adjuster’s license shall disclose to the Commissioner the full name and residence of each person who directly or indirectly owns or controls the licensee, or holds with power to vote or holds proxies with the powe…

§ 1754. Maintenance of records. (a) A public adjuster shall maintain a complete record of each transaction as a public insurance adjuster. The records required by this section shall include at least the: (1) Name of the insured; (2) Date, location and amount of the loss; (3) Copy…

§ 1755. License denial, suspension, revocation and refusal to renew; civil penalties. (a) The Commissioner may deny a license to an applicant or suspend, revoke or refuse to renew a license if the applicant or licensee: (1) Violates the provisions of this chapter and any provisio…

§ 1756. Contracts and solicitation of contracts. (a) No licensee shall, directly or indirectly, act within the State as a public adjuster without having first entered into a contract, in writing, on a form approved by the Commissioner and executed in duplicate by the public insur…

§ 1757. Adjustments to comply with insurance contract and law. A public insurance adjuster shall adjust or investigate every claim, damage or loss made or occurring under an insurance contract for which the public insurance adjuster has been employed in accordance with the terms …

§ 1758. Prohibited acts. (a) Notwithstanding any other grounds for disciplinary action provided for under this chapter, the Commissioner may deny, revoke, suspend, refuse to renew, or impose a penalty on an applicant or licensee for violation of acts prohibited under this section…

§ 1759. Regulations and scope. (a) The Commissioner shall promulgate rules and regulations as are necessary to carry out this chapter. (b) This chapter shall not apply to: (1) An adjuster for or an agent or employee of an insurer or group of insurers under common control or owner…

§ 1760. Immunity. There shall be no liability on the part of and no cause of action shall arise against, the Commissioner or the Insurance Department or its employees for any action taken by them in the performance of their powers and duties under this chapter.74 Del. Laws, c. 17…

§ 1761. Severability clause. If any provision of this chapter, or its application to any person or circumstance, is held invalid, that determination shall not affect the provisions or applications of this chapter that can be given effect without the invalid provision or applicati…

§ 1770. Short title. This chapter shall be known as the “Limited Lines Travel Insurance Act.”79 Del. Laws, c. 428, § 5;

§ 1771. Definitions. For purposes of this chapter, the following terms have the meanings indicated. (1) “Limited lines travel insurance producer” means a licensed managing general agent or third-party administrator, or licensed insurance producer, including a limited lines produc…

§ 1772. Requirements. Notwithstanding any other provision of law: (1) The Commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the Commissioner an application for such limited license in a form and manner…

§ 1773. Registration. Notwithstanding any other provision in law, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a …

§ 1774. Policy. Travel insurance may be provided to a “primary policyholder,” as “group travel insurance,” or as “blanket travel insurance,” as those terms are defined in § 5603 of this title.79 Del. Laws, c. 428, § 5; 84 Del. Laws, c. 40, § 4; 84 Del. Laws, c. 514, § 39;

§ 1775. Responsibility. As the insurer’s designee, the limited lines travel insurance producer is responsible for the acts of the travel retailers and shall use reasonable means to ensure compliance by the travel retailers with this chapter.79 Del. Laws, c. 428, § 5; 84 Del. Laws…

§ 1776. Enforcement. The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance on behalf of the limited lines travel insurance producer shall be subject to Chapter 17 (to the extent not inconsistent with this chapter) and Chap…

§ 1801. Short title. This chapter may be cited as the “Managing General Agents Act.”68 Del. Laws, c. 68, § 1;

§ 1802. Definitions. As used in this chapter: (1) “Actuary” means a person who is a member in good standing of the American Academy of Actuaries. (2) “Insurer” means any person, firm, association or corporation duly licensed in this State as an insurance company pursuant to Chapt…

§ 1803. Licensure. (a) No person, firm, association or corporation shall act in the capacity of an MGA with respect to risks located in this State for an insurer licensed in this State unless such person is a licensed producer in this State. (b) No person, firm, association or co…

§ 1804. Required contract provisions. No person, firm, association or corporation acting in the capacity of an MGA shall place business with an insurer unless there is in force a written contract between both parties which sets forth the responsibilities of each party and where b…

§ 1805. Duties of insurers. (a) The insurer shall have on file an independent financial examination, in a form acceptable to the Commissioner, of each MGA with which it has done business. (b) If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an…

§ 1806. Examination authority. The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined as if it were the insurer. An MGA shall retain all records pertaining to a specific insurer until the conclusion of the regular fin…

§ 1807. Penalties and liabilities. (a) If the Commissioner finds after a hearing conducted in accordance with the Administrative Procedures Act [Chapter 100 of Title 29] that any person has violated any provision or provisions of this chapter, the Commissioner may order: (1) For …

§ 1808. Rules and regulations. The Commissioner of Insurance may adopt reasonable rules and regulations for the implementation and administration of this chapter.68 Del. Laws, c. 68, § 1;

§ 1809. Effective date. This chapter shall take effect on September 30, 1991. No insurer may continue to utilize the services of an MGA on and after September 30, 1991, unless such utilization is in compliance with this chapter.68 Del. Laws, c. 68, § 1;

§ 1901. Finding and purpose. (a) It is determined and declared as a matter of legislative finding that it is in the public interest to cooperate on a reciprocal basis with other states in considering procedures which implement the provisions of the Nonadmitted and Reinsurance Ref…

§ 1902. Home state regulation of nonadmitted insurance. (a) The placement of nonadmitted insurance business shall be subject to the statutory and regulatory requirements solely of the insured’s home state as defined in this chapter. (b) This section may not be construed to preemp…