Title 18 — Insurance Code

§ 3918. Vehicle data-reporting device. (a) An insurer seeking to install a data-reporting device in a private passenger vehicle, or seeking to use a previously installed device for the purpose of obtaining data, shall inform the policyholder of such installation or use, of the da…

§ 3919. Addition of minor children and foster children to existing motor vehicle policies. (a) If requested by an insured, an insurer is required to add the following individuals to the insured’s existing policy as an additional driver: (1) Any licensed minor child of the insured…

§ 3920. Cancellation or nonrenewal of commercial automobile policy. [For application of this section, see 82 Del. Laws, c. 160, § 5] (a) (1) An insurer licensed to do business in Delaware may not cancel mid-term any commercial automobile policy except for any of the following rea…

§ 3921. Youth in foster care status as a factor in automobile insurance rates. (a) For purposes of this section, “youth in foster care” means any of the following: (1) An individual in Department of Children, Youth, and Their Families (“Department”) custody under Chapter 25 of Ti…

§ 4001. Scope of chapter. The provisions of this chapter shall apply to: (1) Any insurer providing insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickn…

§ 4002. Health insurance for children. (a) No health insurer shall deny enrollment of a child under the health coverage of the child’s parent on the ground that: (1) The child was born out of wedlock; (2) The child is not claimed as a dependent on the parent’s federal income tax …

§ 4003. Health insurance for persons on Medicaid. (a) No health insurer, in enrolling an individual or in making any payments for benefits to the individual or on the individual’s behalf, shall take into account that the individual is eligible for or is provided medical assistanc…

§ 4004. Definitions. As used in this chapter: (1) “Department” means the Delaware Department of Health and Social Services. (2) “Health insurer” includes all of the following: a. An insurer providing insurance of human beings against bodily injury, disablement or death by acciden…

§ 4005. Administrative procedures. The Commissioner may issue regulations in accordance with § 314 of this title and Chapter 101 of Title 29 for the implementation and administration of this chapter.69 Del. Laws, c. 444, § 1;

§ 4006. Data sharing. The Department is authorized to require any health insurer to provide, upon the request of the Department, eligibility and coverage information (including, but not limited to the name, address, date of birth, Social Security number, policy number, group iden…

§ 4201. Title. This chapter shall be known and may be cited as the “Delaware Insurance Guaranty Association Act.”18 Del. C. 1953, § 4201; 57 Del. Laws, c. 437.;

§ 4202. Purpose. This chapter shall provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detec…

§ 4203. Scope. This chapter shall apply to all kinds of direct insurance but does not apply to any of the following: (1) Life, annuity, health and disability insurance; (2) Mortgage guaranty, financial guaranty and other forms of financial guarantees; (3) Fidelity and surety bond…

§ 4204. Construction. This chapter shall be liberally construed to effect the purpose specified in § 4202 of this title, which shall constitute an aid and guide to interpretation.18 Del. C. 1953, § 4204; 57 Del. Laws, c. 437.;

§ 4205. Definitions. As used in this chapter: (1) “Affiliate” means a person who directly or indirectly, through 1 or more intermediaries, controls, is controlled by or is under common control with an insolvent insurer on December 31 of the year next preceding the date the insure…

§ 4206. Creation of the Association. There is created a nonprofit unincorporated legal entity to be known as the Delaware Insurance Guaranty Association. All insurers, defined as member insurers in § 4205 of this title, shall be and remain members of the Association as a conditio…

§ 4207. Board of Directors. (a) The Board of Directors of the Association shall consist of not less than 5 nor more than 9 persons serving terms as established in the plan of operation. The members of the Board shall be selected by member insurers subject to the approval of the C…

§ 4208. Powers and duties of the Association. (a) The Association shall: (1) Be obligated to pay valid covered claims existing prior to the order of liquidation of the insolvency and arising within 30 days after the order of liquidation or before the policy expiration date if les…

§ 4209. Plan of operation. (a) (1) The Association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the Association. The plan of operation and any amendments theret…

§ 4210. Duties and powers of the Commissioner. (a) The Commissioner shall: (1) Notify the Association of the existence of an insolvent insurer not later than 3 days after he or she receives notice of the determination of the insolvency; (2) Upon request of the Board of Directors,…

§ 4211. Effect of paid claims. (a) (1) Any person recovering under this chapter shall be deemed to have assigned the rights under the policy to the Association to the extent of the person’s recovery from the Association. Every insured or claimant seeking the protection of this ch…

§ 4212. Exhaustion of other coverage. (a) Any person having a claim under an insurance policy shall first exhaust all coverage provided by any such policy, whether or not it is a policy issued by a member insurer, if the claim under such policy arises from the same facts, injury,…

§ 4213. Prevention of insolvencies. To aid in the detection and prevention of insurer insolvencies: (1) The Board of Directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. a., b. [Repealed.] (2) The Bo…

§ 4214. Examination of the Association. The Association shall be subject to examination and regulation by the Commissioner. The Board of Directors shall submit, not later than June 30 of each year, a financial report for the preceding calendar year in a form approved by the Commi…

§ 4215. Tax exemption. The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real or personal property.18 Del. C. 1953, § 4215; 57 Del. Laws, c. 437.;

§ 4216. Recognition of assessments in rates. The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the Association by the member insurer less any amounts returned to the me…

§ 4217. Immunity. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the Board of Directors or the Commissioner or the Commissioner’s representatives for any action or…

§ 4218. Stay of proceedings; reopening of default judgments. (a) All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this State shall be stayed for 120 days from the date the insolvency is determined, and for such time there…

§ 4219. Recoupment of assessment. (a) Unless a longer period has been allowed by the Commissioner, a member insurer shall at its option have the right to show a certificate of contribution as an asset in the form approved by the Commissioner at percentages of the original face am…

§ 4220. Preferred creditor status. Repealed by 64 Del. Laws, c. 193, § 3, effective July 19, 1983.

§ 4221. Access to assets of insolvent insurer; application for court approval of plan to disburse assets. Repealed by 68 Del. Laws, c. 112, § 13, effective July 5, 1991.

§ 4223. Applicability. Unless otherwise provided by this chapter, 68 Del. Laws, c. 112 shall apply retroactively and/or retrospectively to all incomplete matters having arisen or arising under the Delaware Insurance Guaranty Association Act (this chapter).68 Del. Laws, c. 112, § …

§ 4401. Short title. This chapter shall be known and may be cited as the “Delaware Life and Health Insurance Guaranty Association Act.”63 Del. Laws, c. 442, § 1;

§ 4402. Purpose. The purpose of this chapter is to protect, subject to certain limitations, the persons specified in § 4403(a) of this title against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in §…

§ 4403. Coverage and limitations. (a) This chapter shall provide coverage for the policies and contracts specified in subsection (b) of this section: (1) To persons who, regardless of where they reside (except for nonresident certificate holders under group policies or contracts)…

§ 4404. Construction. This chapter shall be liberally construed to effect the purpose under § 4402 of this title which shall constitute and aid and guide to interpretation.63 Del. Laws, c. 442, § 1;

§ 4405. Definitions. As used in this chapter: (1) “Account” means either of the 2 accounts created under § 4406 of this title. (2) “Association” means the Delaware Life and Health Insurance Guaranty Association created under § 4406 of this title. (3) “Authorized assessment” or “a…

§ 4406. Delaware Life and Health Insurance Guaranty Association — Created; accounts; supervision. (a) There is created a nonprofit legal entity to be known as the Delaware Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the Assoc…

§ 4407. Delaware Life and Health Insurance Guaranty Association — Board of Directors. (a) The Board of Directors of the Association shall consist of not less than 5 nor more than 9 member insurers serving terms as established in the plan of operation. The members of the Board sha…

§ 4408. Powers and duties of the Association. (a) If a member insurer is an impaired insurer, the Association may, in its discretion, and subject to any conditions imposed by the Association that do not impair the contractual obligations of the impaired insurer and that are appro…

§ 4409. Assessments. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the Association, the Board of Directors shall assess the member insurers, separately for each account, at such time and for such amounts as the Board finds necessary. A…

§ 4410. Plan of operation. (a) (1) The Association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the Association. The plan of operation and any amendments theret…

§ 4411. Duties and powers of Commissioner. In addition to the duties and powers enumerated elsewhere in this chapter: (1) The Commissioner shall: a. Upon request of the Board of Directors, provide the Association with a statement of the premiums in the appropriate states for each…

§ 4412. Detection and prevention of insolvencies. To aid in the detection and prevention of member insurer insolvencies or impairments: (1) It shall be the duty of the Commissioner: a. 1. To notify the commissioners of all the other states when the Commissioner takes any of the f…

§ 4413. Credits for assessments paid. (a) A member insurer may offset against its premium tax liability to this State an assessment described in § 4409(h) of this title to the extent of 20 percent of the amount of such assessment for each of the 5 calendar years following the yea…

§ 4414. Liability for unpaid assessments; Association records; Association as creditor; liquidation proceeding. (a) Nothing in this chapter shall be construed to reduce the liability for unpaid assessments of the insureds on an impaired or insolvent insurer operating under a plan…

§ 4415. Annual reports by Board. The Association shall be subject to examination and regulation by the Commissioner. The Board of Directors shall submit to the Commissioner, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved b…

§ 4416. Tax status of Association. The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real property.63 Del. Laws, c. 442, § 1;

§ 4417. Immunity. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the Association or its agents or employees, members of the Board of Directors or the Commissioner or the Commission…

§ 4418. Stay of proceedings; reopening default judgments. All proceedings in which the insolvent insurer is a party in any court in this State shall be stayed 180 days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by …