Title 18 — Insurance Code

§ 3705. Term of consumer credit insurance. (a) Effective date of coverage. — (1) For consumer credit insurance made available to and elected by the debtor before or contemporaneous with a credit transaction to which the insurance relates, the term of the insurance shall, subject …

§ 3706. Disclosure to debtors and provisions of policies and certificates of insurance. (a) Pre-purchase disclosure. — Before the debtor elects to purchase consumer credit insurance in connection with a credit transaction, the following shall be disclosed to the debtor in writing…

§ 3707. Filing, approval and withdrawal of forms. (a) All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in this State and the schedules of premium rates pertaining thereto s…

§ 3708. Premiums and refunds. (a) Any insurer may revise its schedules of premium rates from time to time and shall file the revised schedules with the Commissioner. No insurer shall issue any consumer credit insurance policy for which the premium rate exceeds that determined by …

§ 3709. Issuance of policies. All policies of consumer credit insurance shall be delivered or issued for delivery in this State only by an insurer authorized to engage in the business of insurance therein and shall be issued only through holders of licenses or authorizations issu…

§ 3710. Claims. (a) All claims shall be promptly reported to the insurer or its designated claim representative and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. (b) All…

§ 3711. Existing insurance — Choice of insurer. When consumer credit insurance is required as additional security for any debt, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance ow…

§ 3712. Duties of an insurer. Except as otherwise prohibited by law, duties imposed upon an insurer within this chapter may be carried out by a creditor if the creditor is acting as a common law or statutory agent on behalf of the insurer.70 Del. Laws, c. 576, § 1;

§ 3713. Enforcement; penalties. (a) The Commissioner may, after notice and hearing, issue such rules and regulations as the Commissioner deems appropriate for the supervision of this chapter. (b) Whenever the Commissioner finds that there has been a violation of this chapter or a…

§ 3801. Short title. This chapter shall be known and may be cited as the “Dental Plan Organization Act.”63 Del. Laws, c. 49, § 1;

§ 3802. Definitions. Definitions as used in this chapter: (1) “Child with a severe disability” means a person under the age of 21 who, due to a significant mental or physical condition, illness, or disease, is likely to require specialized treatment or supports to secure effectiv…

§ 3803. Certificate of authority — Required; application procedure; filing fee. (a) No person may establish, operate or administer a dental plan organization, or sell or offer to sell, or solicit offers to purchase, or receive advance or periodic consideration in conjunction with…

§ 3804. Certificate of authority — Conditions for issuance; disapproval; expiration; renewal. (a) The Commissioner shall issue a certificate of authority if the Commissioner is satisfied that the following conditions are met: (1) The persons responsible for conducting the affairs…

§ 3805. General surplus; special contingent surplus. (a) The Commissioner may determine, at his or her discretion, the amount of a general surplus, if any, that the dental plan organization shall be required to maintain. (b) A dental plan organization utilizing in the aggregate t…

§ 3806. Bonding requirement. Any director, officer, employee or partner of a dental plan organization who receives, collects, reimburses or invests moneys in connection with the activities of the organization shall be bonded for his or her fidelity in an amount which shall be det…

§ 3807. Medical negligence insurance. Each dentist employed by a dental plan organization shall be insured against professional liability or medical negligence by an insurer licensed to conduct business in this State for such minimum amounts as shall be determined by the Commissi…

§ 3808. Evidence of coverage. (a) An enrollee shall be entitled to receive evidence of coverage or a certificate indicating specifically the nature and extent of coverage, and evidence of the total amount or percentage of payment, if any, which the enrollee is obligated to pay fo…

§ 3809. Schedule of charges. (a) No schedule of charges for enrollee coverage for dental services, or amendment thereto, may be used by a dental plan organization until a copy of such schedule, or amendment thereto, has been filed with the Commissioner. The Commissioner may disap…

§ 3810. Examination of records. (a) The Commissioner or his or her designee may, as often as he or she may reasonably determine, investigate the business and examine the books, accounts, records and files of every dental plan organization. For that purpose the Commissioner or his…

§ 3811. Complaint system. (a) A dental plan organization shall establish and maintain a complaint system to provide reasonable procedures for the resolution of written complaints initiated by enrollees concerning dental plan services. The dental plan organization shall maintain r…

§ 3812. Annual report. (a) Every dental plan organization annually on or before March 1 shall file with the Commissioner a report covering its activities for the preceding calendar year. (b) The reports shall be on forms prescribed by the Commissioner and shall include: (1) A fin…

§ 3813. Maximum portion of income used for expenses. A dental plan organization shall not use more than 30 percent of its gross contract and certificate income in the first year of operation, 25 percent in the second year of operation and 20 percent in any subsequent year for gen…

§ 3814. Advertising. (a) No dental plan organization, or representative thereof, may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which is untrue or misleading, or any form of evidence of coverage which is deceptive. For purposes of…

§ 3815. Suspension or revocation of certificate of authority. (a) The Commissioner may suspend or revoke any certificate of authority issued to a dental plan organization pursuant to this chapter if he or she finds that any of the following conditions exists: (1) The dental plan …

§ 3816. Cease and desist order. (a) The Commissioner may issue an order directing a dental plan organization or a representative of a dental plan organization to cease and desist from engaging in any act or practice in violation of this chapter. (b) Within 20 days after service o…

§ 3817. Civil penalty; exceptions. Any dental plan organization which violates any provisions of this chapter, or neglects, fails or refuses to comply with any of the requirements of this chapter, except the failure to file an annual report and the failure to reply in writing to …

§ 3818. Injunctive power. Whenever any dental plan organization shall become insolvent or shall suspend its ordinary business for want of funds to carry on the same, or whenever the Commissioner shall ascertain, as a result of examination as authorized by this chapter, or in any …

§ 3819. Confidentiality of documents. Applications, filings and reports required under this chapter, except contracts referred to in § 3803(c)(4) and (5) of this title, shall be treated as public documents and shall not be considered confidential.63 Del. Laws, c. 49, § 1; 80 Del.…

§ 3820. Confidentiality of data pertaining to diagnosis, treatment or health of enrollees. Data or information pertaining to the diagnosis, treatment or health of any enrollee obtained by the dental plan organization from the enrollee or any dentist shall be confidential and shal…

§ 3821. Exemptions from application of chapter. Except with respect to the dental plan organization activities of a duly organized and authorized insurer or medical or dental service corporation, which activities are authorized and regulated pursuant to this chapter, this chapter…

§ 3822. Rules and regulations. The Commissioner may promulgate such rules and regulations as he or she may deem necessary to effectuate the purposes of this chapter.63 Del. Laws, c. 49, § 1; 70 Del. Laws, c. 186, § 1;

§ 3823. Advisory Council. Repealed by 77 Del. Laws, c. 106, § 2, effective July 6, 2009.

§ 3901. Contracts subject to general provisions. All contracts of casualty insurance covering subjects resident, located or to be performed in this State are subject to the applicable provisions of Chapter 27 (The Insurance Contract) of this title, and to other applicable provisi…

§ 3902. Uninsured and underinsured vehicle coverage; insolvency of insurer. (a) No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered or issued for delivery in this State with respect to any such vehicle regi…

§ 3902A. Notice of settlement offer to underinsured motor vehicle insurer. (a) (1) If an attorney representing an injured individual, or an unrepresented injured individual, receives a written offer from a motor vehicle liability insurer, or that insurer’s authorized agent, to se…

§ 3903. Cancellation or nonrenewal of automobile policy; definitions; scope. [For application of this section, see 82 Del. Laws, c. 160, § 5] (a) As used in §§ 3903-3907 of this title: (1) “Certified mail” as used in this chapter shall refer to the following as used by the postal…

§ 3904. Cancellation or nonrenewal of automobile policy — Reasons for cancellation or nonrenewal [For application of this section, see 84 Del. Laws, c. 209, § 3]. (a) No notice of cancellation of a policy shall be effective and the insurer shall not refuse renewal or threaten to …

§ 3905. Cancellation or nonrenewal of automobile policy — Notice of cancellation or intention not to renew; notice of reasons [For application of this section, see 79 Del. Laws, c. 390, § 8]. (a) No cancellation of a policy to which § 3904(a) of this title applies shall be effect…

§ 3906. Cancellation or nonrenewal of automobile policy — Appeal to the Commissioner; order. (a) A named insured who wishes to contest the reason or reasons for a cancellation or nonrenewal to which § 3904 of this title is applicable shall not less than 20 days prior to the effec…

§ 3907. Cancellation or nonrenewal of automobile policy — Nonliability as to information; statements. There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the insurer, its authorized representative, its agents, it…

§ 3908. Cancellation or nonrenewal of automobile policy — Exceptions related to insurer’s condition. Nothing contained in §§ 3903-3907 of this title shall be construed to prevent the cancellation or nonrenewal of any such insurance where: (1) Cancellation or nonrenewal is ordered…

§ 3909. Automobile insurance; exclusion, cancellation or nonrenewal. (a) The insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as to designated individuals. Any such cancellation or refusal to renew shall be subject t…

§ 3910. Automobile insurance — Insurer’s right to impose deductible on renewal. Nothing in §§ 3903-3909 of this title shall prohibit or be construed to prohibit an insurer from requiring a provision for a reasonable deductible not exceeding $100 in amount as to physical damage an…

§ 3911. Legislation affecting renewal of policies — Notice of nonrenewal by insurer. (a) Any legislation enacted subsequent to July 9, 1973, or subsequent legislation affecting Chapter 21 of Title 21, shall not effect the renewal of policies as described in § 3903(a)(4) of this t…

§ 3912. Prohibition against premium increase or termination in certain circumstances. (a) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either resides in the same household or customarily operates an automobil…

§ 3913. Requests for driving records; limitation. No insurer issuing a policy of insurance as described in this chapter shall, before such policy is issued, require that the proposed insured provide such insurer with his or her driving record for any period other than the 3 years…

§ 3914. Notice of statute of limitations required. An insurer shall be required during the pendency of any claim received pursuant to a casualty insurance policy to give prompt and timely written notice to claimant informing claimant of the applicable state statute of limitations…

§ 3915. Cash refund on cancellation of policy. (a) No insurer shall honor a request for a cash refund on cancellation of a policy by the insured until such time as the insured has provided sufficient evidence to the insurer that one of the following has occurred: (1) The insured …

§ 3916. Unfair trade practices. No insurance company, domestic or foreign, or any agent or employee shall require that automobile glass repair or replacement work be performed by a particular facility, individual or business establishment as a condition of payment of a claim.69 D…

§ 3917. Military deployment as a factor in automobile insurance rates. (a) An insurer shall not use a lapse in an insured’s automobile insurance coverage as a factor in determining a new automobile insurance policy rate if the lapse was due to the cancellation or nonrenewal of th…