Title 18 — Insurance Code
83 chapters · 1,008 sections in this title.
18 Del. C. § 2052. Licensure of vendors.
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§ 2052. Licensure of vendors. (a) A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance. (b) A limited lines license issued under this section shall authorize any employee or authorized representative of th…
18 Del. C. § 2053. Requirements for sale of portable electronics insurance.
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§ 2053. Requirements for sale of portable electronics insurance. (a) At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available to a prospective customer which: (1) Disclose that portable electronics…
18 Del. C. § 2054. Authority of vendors of portable electronics.
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§ 2054. Authority of vendors of portable electronics. (a) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this chapter provided that: (1) The…
18 Del. C. § 2055. Suspension or revocation of license.
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§ 2055. Suspension or revocation of license. If a vendor of portable electronics or its employee or authorized representative violates any provision of this section, the Commissioner may do any of the following: (1) After notice and hearing, impose fines not to exceed $500 per vi…
18 Del. C. § 2056. Termination of portable electronics insurance.
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§ 2056. Termination of portable electronics insurance. Notwithstanding any other provision of law: (1) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers w…
18 Del. C. § 2057. Application for license and fees.
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§ 2057. Application for license and fees. (a) A person applying for a license under this chapter shall make application to the Insurance Commissioner on forms prescribed by the Commissioner and declare under penalty of refusal, suspension or revocation of the license that the sta…
18 Del. C. § 2060. Short title
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§ 2060. Short title This chapter shall be known as the “Self-Service Storage Producer Limited License Act.” 81 Del. Laws, c. 437, § 4;
18 Del. C. § 2061. Definitions
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§ 2061. Definitions As used in this chapter: (1) “Occupant” means a person or the person’s sublesee, successor, or assign entitled to the use of a storage space or spaces at a self-service storage facility, to the exclusion of others. (2) “Owner” means the owner, operator, lessor…
18 Del. C. § 2062. Licensure of self-service storage producers
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§ 2062. Licensure of self-service storage producers (a) The Commissioner may issue to an owner that has complied with the requirements of this chapter a limited lines license authorizing the owner to offer, sell, solicit, or negotiate the kinds of insurance prescribed in this sec…
18 Del. C. § 2063. Prohibitions
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§ 2063. Prohibitions A self-service storage producer may not: (1) Offer or sell insurance except in connection with and incidental to the rental of space at a self-service storage facility. (2) Advertise, represent, or otherwise portray itself or any of its employees or authorize…
18 Del. C. § 2064. Suspension or revocation of license
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§ 2064. Suspension or revocation of license The Commissioner may suspend, revoke, or refuse to renew a limited lines license issued under this chapter after notice and opportunity for a hearing if the self-service storage producer, or employee or authorized representative of the …
18 Del. C. § 2065. Additional penalties
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§ 2065. Additional penalties Instead of, or in addition to, suspending or revoking a limited lines license issued under this chapter, the Commissioner may impose on the self-service storage producer administrative penalties as set forth in Chapter 3 of this title.81 Del. Laws, c.…
18 Del. C. § 2066. Exclusions
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§ 2066. Exclusions (a) An insurer may pay, and a self-service storage producer may receive, a commission, service fee, or other valuable consideration dependent on the sale of insurance. (b) A self-service storage producer may pay, and its employees or authorized representatives …
18 Del. C. § 2067. Enforcement
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§ 2067. Enforcement (a) If any of the provisions of this chapter are not satisfied by a self-storage producer, the sale of self-storage insurance by that producer is pursuant to the terms of Chapter 17 of this title. (b) The self-storage producer offering, selling, soliciting and…
18 Del. C. § 2101. Representing or aiding unauthorized insurer prohibited.
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§ 2101. Representing or aiding unauthorized insurer prohibited. (a) No person shall in this State directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such business in this State in the solicitati…
18 Del. C. § 2102. Purpose of Unauthorized Insurers Process Act and Unauthorized Insurers False Advertising Process Act.
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§ 2102. Purpose of Unauthorized Insurers Process Act and Unauthorized Insurers False Advertising Process Act. The purpose of §§ 2103 through 2108 (Unauthorized Insurers Process Act) and §§ 2109 through 2111 (Unauthorized Insurers False Advertising Process Act) of this title is to…
18 Del. C. § 2103. Unauthorized Insurers Process Act; title; interpretation.
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§ 2103. Unauthorized Insurers Process Act; title; interpretation. (a) Sections 2103 through 2108 of this title constitute and may be cited as the “Unauthorized Insurers Process Act.” (b) The act shall be so interpreted as to effectuate its general purpose to make uniform the laws…
18 Del. C. § 2104. Commissioner as process agent.
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§ 2104. Commissioner as process agent. Solicitation, effectuation or delivery of any insurance contract, by mail or otherwise, within this State by an unauthorized insurer, or the performance within this State of any other service or transaction connected with such insurance by o…
18 Del. C. § 2105. Service of process.
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§ 2105. Service of process. (a) Service of process upon any such insurer pursuant to § 2104 of this title shall be made by delivering to and leaving with the Commissioner or some person in apparent charge of his or her office 2 copies thereof and the payment to him or her of the …
18 Del. C. § 2106. Exemptions from service of process provisions.
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§ 2106. Exemptions from service of process provisions. Sections 2104 and 2105 of this title shall not apply to surplus line insurance lawfully effectuated under Chapter 19 of this title, or to reinsurance, or to any action or proceeding against an unauthorized insurer arising out…
18 Del. C. § 2107. Defense of action by unauthorized insurer.
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§ 2107. Defense of action by unauthorized insurer. (a) Before an unauthorized insurer files or causes to be filed any pleading in any action or proceeding instituted against it under §§ 2104 and 2105 of this title, such insurer shall: (1) Procure a certificate of authority to tra…
18 Del. C. § 2108. Attorneys’ fees.
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§ 2108. Attorneys’ fees. In any such action against an unauthorized insurer, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was …
18 Del. C. § 2109. Unauthorized Insurers False Advertising Process Act; title.
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§ 2109. Unauthorized Insurers False Advertising Process Act; title. Sections 2102 and 2109 through 2111 of this title constitute and may be referred to as the “Unauthorized Insurers False Advertising Process Act.”18 Del. C. 1953, § 2109; 56 Del. Laws, c. 380, § 1;
18 Del. C. § 2110. Notice to domiciliary supervisory official.
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§ 2110. Notice to domiciliary supervisory official. No unauthorized insurer through any estimate, illustration, circular, pamphlet, letter, announcement, statement or any other means or medium shall misrepresent to any person in this State as to its financial condition or the ter…
18 Del. C. § 2111. Action by Commissioner.
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§ 2111. Action by Commissioner. (a) If within 30 days following the giving of the notice provided for in § 2110 of this title the insurer has not ceased such dissemination, and if the Commissioner has reason to believe that such insurer is soliciting, issuing or delivering contra…
18 Del. C. § 2112. Suits instituted by Commissioner.
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§ 2112. Suits instituted by Commissioner. (a) Any foreign or alien insurer not thereunto authorized by the Commissioner, who, by mail or otherwise, solicits insurance business in this State or transacts insurance business in this State as defined by § 103 of this title, thereby s…
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…
18 Del. C. § 2401. Title.
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§ 2401. Title. This chapter shall be known as and may be cited as the “Delaware Insurance Fraud Prevention Act.”69 Del. Laws, c. 463, § 1;