Title 18 — Insurance Code

§ 2402. Purpose. The purpose of this chapter is to confront aggressively the problem of insurance fraud in the State by facilitating the detection of insurance fraud, reducing the occurrence of such fraud through administrative enforcement and deterrence, requiring the restitutio…

§ 2403. Definitions. (a) “Attorney General” means the Attorney General of the State or the Attorney General’s designated representatives. (b) “Authorized agency” means any appropriate law-enforcement agency. (c) “Bad faith” means without any reasonable justification. (d) “Bureau”…

§ 2404. Establishment of Delaware Insurance Fraud Prevention Bureau; Delaware Insurance Fraud Auxiliary Fund. (a) The Delaware Insurance Fraud Prevention Bureau is hereby established within the Department of Insurance and authorized to employ investigators and appropriate support…

§ 2405. Evidence, documentation and related materials. (a) The Commissioner or the Commissioner’s designee, in addition to other provisions of this title, shall have the power and authority to administer oaths, subpoena witnesses and to compel the production of nonprivileged evid…

§ 2406. Confidentiality and immunity from subpoena. (a) All papers, records, documents, reports, materials or other evidence relevant to an insurance fraud investigation or examination shall remain confidential and shall not be subject to public inspection so long as the Bureau d…

§ 2407. Insurance fraud. (a) It shall be a fraudulent insurance act for a person to knowingly, by act or omission, with intent to injure, defraud or deceive: (1) Present, cause to be presented, prepare, assist, abet, solicit or conspire with another to prepare or make any oral or…

§ 2408. Duties of insurers. Any insurer which has a reasonable belief that an act of insurance fraud is being, or has been, committed shall send to the Bureau, on a form prescribed by the Bureau, any and all information and such additional information relating to such act as the …

§ 2409. Immunity. In the absence of fraud or bad faith, no person shall be subject to civil liability (for libel, slander or any other relevant tort cause of action by virtue of filing reports, without malice, or furnishing other information, written or oral, without malice, requ…

§ 2410. Other law-enforcement authorities. This chapter shall not: (1) Preempt the authority or relieve the duty of any other law enforcement agency to investigate, examine and prosecute suspected violations of law; (2) Prevent or prohibit a person from voluntarily disclosing any…

§ 2411. Enforcement, investigations, hearings, administrative penalties and appeals. (a) The matters of enforcement, investigations, hearings, administrative penalties and appeals shall be conducted in accordance with Chapter 3 of this title and Chapter 101 of Title 29 to the ext…

§ 2412. Consent orders. Any person so requested may enter into a consent order whereby such person, without admitting the conduct complained of, consents to the imposition of an administrative penalty and when so requested agrees to cease and desist the acts or omissions complain…

§ 2413. Criminal prosecution. The imposition of any fine or other sanction under this chapter shall not preclude prosecution for a violation of any of the criminal laws of this State.69 Del. Laws, c. 463, § 1;

§ 2414. Application of Administrative Procedures Act. Except as otherwise provided in this chapter, the State Administrative Procedures Act (Chapter 101 of Title 29) applies to and governs all administrative actions taken by the Bureau.69 Del. Laws, c. 463, § 1;

§ 2415. Funding The costs of administration and operation of the Delaware Insurance Fraud Prevention Bureau shall be borne by all of the insurance companies admitted or authorized to transact the business of insurance in this State. The Commissioner shall assess $1,050 annually a…

§ 2501. Purpose of chapter; interpretation. The purpose of this chapter is to promote the public welfare by regulating insurance rates (in accordance with the intent of Congress as expressed in Public Law 15—79th Congress) and to the end that they shall not be excessive, inadequa…

§ 2502. Scope of chapter. (a) This chapter applies to all of the following: (1) Casualty insurance and all forms of motor vehicle insurance, on risks or operations in this State. (2) Surety insurance. (3) Fire, marine and inland marine insurance, as used in their generally accept…

§ 2503. Making of rates [For applicability of this section, see 81 Del. Laws, c. 108, § 3] [Effective Jan. 1, 2027]. (a) Rates must be made in accordance with the following provisions: (1) Manual, minimum, class rates, rating schedules or rating plans shall be made and adopted, e…

§ 2504. Rate filings. (a) Every insurer shall file with the Commissioner, except as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum, class rate, rating schedule or rating plan and ever…

§ 2505. Exemption from filing. Under such rules and regulations as he or she adopts, the Commissioner may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which…

§ 2506. Effective date of filing. (a) The Commissioner shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter. (b) Any special filing with respect to a surety or guaranty bond required…

§ 2507. Disapproval of filing. If within 30 days after a specific inland marine rate on a risk specially rated by a rating organization subject to § 2504(b) of this title, or a special surety or guaranty bond subject to § 2506(b) of this title, has become effective, or if upon re…

§ 2508. Limitation of disapproval power. No manual of classifications, rules, rating plans or any modification of any of the foregoing which establishes standards for measuring variations in hazards or expense provisions or both and which has been filed pursuant to § 2503 of this…

§ 2509. Excess rates. Upon the written application of the insured stating his or her reasons therefor, filed with and approved by the Commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk.18 Del. C. 1953, § 2509; 56 Del.…

§ 2510. Filings for members and subscribers of rating organizations authorized. Insurer may satisfy its obligation to make filings required by § 2503 of this title by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authoriz…

§ 2511. Licensing of rating organizations. (a) No rating organization shall make or file rates for risks located in this State without first being licensed therefor under this chapter. (b) A corporation, an unincorporated association, a partnership or an individual, whether locat…

§ 2512. Subscribers to rating organizations. (a) Subject to rules and regulations which have been approved by the Commissioner as reasonable, each rating organization shall permit any insurer to be a subscriber to its rating services for any kind of insurance, subdivision or clas…

§ 2513. Notice of changes. Every rating organization shall notify the Commissioner promptly of every change in: (1) Its constitution, its articles of agreement or association or its certificate of incorporation and its bylaws, rules and regulations governing the conduct of its bu…

§ 2514. Rules not to affect dividends. No rating organization shall adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers.…

§ 2515. Technical services. Any rating organization may subscribe for or purchase actuarial, technical or other services, and such services shall be available to all subscribers without discrimination.18 Del. C. 1953, § 2515; 56 Del. Laws, c. 380, § 1;

§ 2516. Examinations and rules. Any rating organization may provide for the examination of its subscribers’ policies, daily reports, binders, renewal certificates, endorsements or other evidences of insurance, or the cancellation thereof, and may make reasonable rules governing t…

§ 2517. Adherence to filings. No insurer shall make or issue a contract or policy except in accordance with the filings which are in effect for the insurer as provided in this chapter or in accordance with § 2505 (exemption from filing) or § 2509 (excess rates) of this title. Thi…

§ 2518. Deviations. (a) Every subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the Commissioner for permission to file a deviation from the class rates, schedules, …

§ 2519. Appeal from rating organization. Any subscriber to a rating organization may appeal to the Commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization.18 Del. …

§ 2520. Appeal by insurers and others as to filings. (a) Any person or organization in interest, aggrieved with respect to any filing which is in effect may make written application to the Commissioner for a hearing thereon except that the insurer or rating organization that made…

§ 2521. Information to be furnished insured. Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected b…

§ 2522. Advisory organizations. (a) Every group, association or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or ex…

§ 2523. Joint underwriters; joint reinsurers. (a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint un…

§ 2524. Examinations. (a) The Commissioner shall, at least once in 5 years, make or cause to be made an examination of each rating organization licensed in this State, as provided in § 2511 of this title, and he or she may, as often as he or she may deem it expedient, make or cau…

§ 2525. Recording and reporting of loss and expense experience. (a) The Commissioner shall promulgate reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him or her, which may be modified from time to time and which shall be used …

§ 2526. 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 uniform administratio…

§ 2527. Assigned risk plans. The Commissioner shall promulgate the necessary regulations to effect: (1) An equitable apportionment among all the insurers writing automobile insurance in this State of insurance which shall be afforded applicants who are in good faith entitled to b…

§ 2528. False or misleading information. (a) No person shall wilfully withhold information from or knowingly give false or misleading information to: (1) The Commissioner; (2) Any statistical agency designated by the Commissioner; (3) Any rating organization or insurer which affe…

§ 2529. Fleet rates. Two or more insurers who, by virtue of their business associations in the United States, represent themselves to be or are customarily known as a “group” or similar insurance trade designation may make the same filings or use the same rates for each such insu…

§ 2530. Penalties. (a) The Commissioner may, if he or she finds that any person or organization has violated this chapter, impose a penalty of not more than $500 for each such violation, but if he or she finds such violation to be wilful, he or she may impose a penalty of not mor…

§ 2531. 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…

§ 2532. Certain increases in premiums to peace officers or emergency personnel prohibited. No insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Delaware State Police, ambulance squad member, volunteer or paid, or firefig…

§ 2533. Workers’ compensation rates [Transferred]. Transferred to § 2623 of this title by 84 Del. Laws, c. 337, § 2, effective Aug. 2, 2024.

§ 2534. Workers’ compensation and employers’ liability forms and policies [Transferred]. Transferred to § 2624 of this title by 84 Del. Laws, c. 337, § 3, effective Aug. 2, 2024.

§ 2535. Adverse actions on policies relating to the provision of healthcare services. No insurer may, in issuing or renewing an insurance policy to a healthcare professional or healthcare organization, increase the premium on such policy or take other adverse action against any h…

§ 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;