Title 18, Insurance Code

§ 2614. Challenge and review of application of rating system. (a) Each advisory organization and every insurer subject to this chapter that makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system, i…

§ 2615. Consent to rate. Notwithstanding any other provision of this chapter, upon the written consent of the insured, filed with and approved by the Insurance Commissioner, a rate in excess of that determined in accordance with the other provisions of this chapter may be used on…

§ 2616. Acts reducing competition prohibited. (a) In this section, the word “insurer” includes 2 or more affiliated insurers: (1) Under common management; or (2) Under common controlling ownership or under other common effective legal control and in fact engaged in joint or coope…

§ 2617. Advisory organization: permitted activity. Any advisory organization, in addition to other activities not prohibited, is authorized to: (1) Develop statistical plans including class definitions; (2) Collect statistical data from members, subscribers or any other source; (…

§ 2618. Residual market mechanisms. (a) All insurers authorized to write workers’ compensation and employers’ liability insurance shall participate in a plan providing for the equitable apportionment among them of insurance which may be afforded applicants who are in good faith e…

§ 2619. Penalties. (a) The Commissioner may, upon finding that any person or organization has violated this chapter, impose a penalty of not more than $500 for each such violation. Upon finding such violation to be wilful, the Commissioner may impose a penalty of not more than $1…

§ 2620. 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…

§ 2621. Transition. Insurers and the advisory organization are not required to immediately refile rates previously implemented. Any member or subscriber of an advisory organization is authorized to continue to use all rates and deviations filed or approved for its use until the i…

§ 2622. Effective date [Repealed].69 Del. Laws, c. 163, § 1; repealed by 84 Del. Laws, c. 337, § 4, effective Aug. 2, 2024.;

§ 2623. Workers’ compensation rates. The rates and rating plans submitted under this chapter for workers’ compensation shall provide for discounts on workers’ compensation premiums for those Delaware employers who meet criteria as established by the Commissioner to promote and ma…

§ 2624. Workers’ compensation and employers’ liability forms and policies. (a) Every insurer shall file with the Commissioner all forms, endorsements, contracts or policies proposed for use in Delaware in connection with workers’ compensation or employers’ liability insurance. (b…

§ 2701. Scope of chapter. This chapter applies to all insurance contracts and annuity contracts other than: (1) Reinsurance; (2) Policies or contracts not issued for delivery in this State nor delivered in this State; (3) Wet marine and transportation insurance; and (4) Funding a…

§ 2702. “Policy” defined. “Policy” means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof.18 Del. C. 1953, § 2702; 56 Del. Laws, c. 380, § 1;

§ 2703. “Premium” defined. “Premium” is the consideration for insurance by whatever name called. Any “assessment,” or any “membership,” “policy,” “survey,” “inspection,” “service” or similar fee or other charge in consideration for an insurance contract is deemed part of the prem…

§ 2704. Insurable interest; personal insurance. (a) Any individual of competent legal capacity may procure or effect an insurance contract upon that individual's own life or body for the benefit of any person, but no person shall procure or cause to be procured any insurance cont…

§ 2705. Insurable interest; exception when certain institutions designated beneficiary. (a) Life insurance contracts may be entered into in which the person paying the consideration for the insurance has no insurable interest in the life of the individual insured, where charitabl…

§ 2706. Insurable interest; property. (a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of t…

§ 2707. Power to contract; purchase of insurance and annuities by minors. (a) Any person of competent legal capacity may contract for insurance. (b) Any minor not less than 15 years of age, with the consent of parent or guardian, if any, unless otherwise emancipated, may, notwith…

§ 2708. Consent of insured; life, health insurance. No life or health insurance contract upon an individual, except a contract of group life insurance or of group or blanket health insurance, shall be made or effectuated unless at the time of the making of the contract the indivi…

§ 2709. Alteration of application, life and health insurance. No alteration of any written application for any life or health insurance policy shall be made by any person other than the applicant without his or her written consent, except that insertions may be made by the insure…

§ 2710. Application as evidence. (a) No application for the issuance of any life or health insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise ma…

§ 2711. Representations in applications. All statements and descriptions in any application for an insurance policy or annuity contract by or in behalf of the insured or annuitant shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment…

§ 2712. Filing, approval of forms. (a) No basic insurance policy or annuity contract, form, or application form where written application is required and is to be made a part of the policy or contract or printed rider or endorsement form or form of renewal certificate shall be de…

§ 2713. Grounds for disapproval. The Commissioner shall disapprove any form filed under § 2712 of this title, or withdraw any previous effectiveness thereof, only on 1 or more of the following grounds: (1) If it is in any respect in violation of or does not comply with this title…

§ 2714. Standard provisions. (a) Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this title pertaining to contracts of particular kinds of insurance. The Commissioner may waive the required use of a particular …

§ 2715. Charter or bylaw provisions. No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer (other than the subscriber’s agreement or power of attorney of a reciprocal insurer) a part of the contrac…

§ 2716. Execution of policies. (a) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee or representative duly authorized by the insurer. (b) A facsimile signature of any such executing individual may be u…

§ 2717. Underwriters’ and combination policies. (a) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters’ policy bearing their names. Any 1 insurer may issue policies in the name of an underwriter’s department and such p…

§ 2718. Validity and construction of noncomplying forms. (a) A policy hereafter delivered or issued for delivery to any person in this State in violation of this title but otherwise binding on the insurer shall be held valid, but shall be construed as provided in this title. (b) …

§ 2719. Delivery of policy. In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor or pledgor in or with reference to such …

§ 2720. Assignability. (a) A policy and its rights and benefits may be assignable or not assignable, as provided by its terms. (b) Subject to its terms relating to assignability, a life or health insurance policy and its rights and benefits, whether heretofore or hereafter issued…

§ 2720A. Property insurance for beneficiary of transfer on death deed. (a) As used in this section: (1) “Beneficiary” means as defined under § 202 of Title 25. (2) “Insurable interest” means an insured’s interest in real property, concerning which the insured is entitled to the b…

§ 2721. Payment discharges insurer. Whenever the proceeds of or payments under a life or health insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract, or the exercise of any right or privilege th…

§ 2722. Forms for proof of loss to be furnished. An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of…

§ 2723. Minor may give acquittance. Repealed by 72 Del. Laws, c. 310, § 1, effective May 26, 2000.

§ 2724. Claims administration not waiver. Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder: …

§ 2725. Exemption of proceeds, life insurance [Repealed].18 Del. C. 1953, § 2725; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 186, § 1; repealed by 81 Del. Laws, c. 320, § 7, effective July 11, 2018.;

§ 2726. Exemption of proceeds, health insurance. Except as may otherwise be expressly provided by the policy or contract, the proceeds or avails of all contracts of health insurance and of provisions providing benefits on account of the insured’s disability which are supplemental…

§ 2727. Exemption of proceeds—Group insurance. (a) A policy of group life insurance or group health insurance or the proceeds thereof payable to the individual insured or to the beneficiary thereunder, shall not be liable, either before or after payment, to be applied by any lega…

§ 2728. Exemption of proceeds — Annuity contracts; assignability of rights [Repealed].18 Del. C. 1953, § 2728; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 186, § 1; repealed by 81 Del. Laws, c. 320, § 7, effective July 11, 2018.;

§ 2729. Retention of proceeds of policy by company. (a) Any life insurer shall have power to hold payment of proceeds, as shall have been agreed to in writing by the insurer and the insured or beneficiary. The insurer shall not be required to segregate funds so held but may hold …

§ 2730. Collection of overpayments by health insurers and health plans. (a) Other than recovery for duplicate payments, a health insurer or health plan, whenever it engages in overpayment recovery efforts, shall provide written notice to the health-care provider that identifies t…

§ 2740. Statement of policy. It is the purpose of this subchapter to encourage the Commissioner to promulgate regulations by October 15, 1976, which assure that automobile insurance policies issued in Delaware, after the effective date of said regulations, will be understandable …

§ 2741. Commissioner’s authority to promulgate readability rules and regulations. (a) In addition to those general powers granted in § 314 of this title, the Commissioner is hereby authorized and empowered to make rules and regulations to the extent the Commissioner deems necessa…

§ 2901. Scope of chapter. This chapter, except as to § 2932 of this title, applies only to contracts of life insurance and annuities, other than reinsurance, group life insurance and group annuities.18 Del. C. 1953, § 2901; 56 Del. Laws, c. 380, § 1;

§ 2902. “Annuity” defined. For this title an “annuity” is a contract, issued by a person which is not classified by the Internal Revenue Service as exempt from taxation under § 501(c)(3) of the Internal Revenue Code of 1954 [26 U.S.C. § 501(c)(3)], as subsequently amended, under …