Title 18, Insurance Code

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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 …

§ 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;

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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,…

§ 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…

§ 2318. Care by advanced practice registered nurses; certified registered nurse anesthetists [For application of this section, see 85 Del. Laws, c. 455, § 4]. (a) No health insurer, health service corporation or health maintenance organization shall deny benefits for eligible ser…

§ 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 …

§ 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…

§ 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…

§ 2322. Release of claim or settlement agreement by injured persons in motor vehicle accidents [Effective Mar. 24, 2027]. (a) A release of a claim of an individual for injuries resulting from a motor vehicle accident, signed by the individual within 30 days of the motor vehicle a…

§ 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;

§ 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…