Title 18, Insurance Code

§ 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 [Effective until Mar. 29, 2027]. 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 cond…

§ 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…

§ 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…

§ 4101. Contracts subject to general provisions. All contracts of property insurance covering subjects located in this State are subject to the applicable provisions of Chapter 27 (The Insurance Contract) of this title, and to other applicable provisions of this title.18 Del. C. …

§ 4102. Attorneys’ fees. The court upon rendering judgment against any insurer upon any policy of property insurance, as “property” insurance is defined in § 904 of this title, shall allow the plaintiff a reasonable sum as attorneys’ fees to be taxed as part of the costs.18 Del. …

§ 4103. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Basic property insurance” means insurance against direct loss to any property caused by perils as defined and limited in the standard fire policy and extended coverage endorsement as file…

§ 4104. Purpose. The purposes of this subchapter are: (1) To assure stability in the property insurance market of this State; (2) To make basic property insurance available for qualified property established by this section; (3) To encourage maximum use in obtaining basic propert…

§ 4105. Inspection. (a) Any person having an insurable interest in real and tangible personal property at a fixed location who has made a diligent effort to obtain basic property insurance in the normal insurance market shall be entitled upon request to an inspection of the prope…

§ 4106. Establishment of industry placement facility. An industry placement facility shall be established by authorized insurers to formulate and administer a program for the equitable distribution and placement of applications for basic property insurance for qualified property …

§ 4107. Review. Any facility, plan, program or form required under this subchapter shall be subject to review by the Commissioner and deemed to meet the requirements of this subchapter unless disapproved.18 Del. C. 1953, § 4107; 56 Del. Laws, c. 468, § 2;

§ 4108. Failure of industry placement facility program. If the Commissioner finds, after a reasonable period of time, that the plan of operation set forth in § 4106 of this title is not creating a market which meets the purposes of that section, the Commissioner may order the imp…

§ 4109. Joint underwriting association. (a) After hearing and upon promulgation of an order by the Commissioner pursuant to § 4108 of this title, a joint underwriting association shall be created consisting of all insurers authorized to write and engaged in writing within this St…

§ 4110. Procedures. (a) Any member of the association may cede to the association basic property insurance written on qualified property, to the extent, if any, and on the terms and conditions set forth in the plan of operation. (b) All members of the association shall participat…

§ 4111. Examinations. The operation of the inspection bureau, the industry placement facility and any joint underwriting association shall at all times be subject to the supervision and regulation of the Commissioner. The Commissioner, or any person designated by the Commissioner…

§ 4112. Appeals. Any person aggrieved by any action or decision of the inspection bureau or industry placement facility may appeal to the Commissioner within 30 days from the action or the decision. The Commissioner shall after hearing held upon not less than 10 days written noti…

§ 4113. 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, insurers, the inspection bureau, the industry placement facility, the joint underwriting association or their agents or employ…

§ 4120. Scope of subchapter. This subchapter shall apply to policies of property insurance, other than policies of inland marine insurance and policies of property insurance issued through a residual market mechanism, covering risks to property located in this State which take ef…

§ 4121. Definitions. (a) “Declination” is the refusal of an insurer, an agent or a broker to issue a property insurance policy on a written nonbinding application or written request for coverage. For the purpose of this subchapter, the offering of insurance coverage with a compan…

§ 4122. Notification and reasons for declination or termination [For application of this section, see 79 Del. Laws, c. 390, § 8]. (a) Upon declining to insure any real or personal property subject to this subchapter, the insurer, agent, or broker making such declination shall eit…

§ 4123. Permissible cancellations. After coverage has been in effect for more than 60 days or after the effective date of a renewal policy a notice of cancellation shall not be issued unless it is based upon at least 1 of the following reasons: (1) Nonpayment of premium; (2) Disc…

§ 4124. Discriminatory practices prohibited. The declination or termination of a policy of property insurance subject to this subchapter by an insurer, agent or broker is prohibited if the declination or termination is: (1) Based upon the race, religion, nationality, ethnic group…

§ 4125. Enforcement. (a) Upon a complaint of person filed within 90 days of any violation of this subchapter, the Commissioner shall determine whether such complaint is reasonably founded. If the Commissioner determines that such complaint is reasonably founded, or if the Commiss…

§ 4126. Civil liability and actions; limitation. (a) If the Commissioner determined in a final order that an insurer has violated § 4123 or § 4124 of this title, the applicant or named insured aggrieved by the violation may bring an action in a court of competent jurisdiction in …

§ 4127. Judicial review. Any person aggrieved by any determination or order of the Commissioner under this subchapter may seek judicial review in the Superior Court. Failure of the Commissioner to act upon a complaint under this subchapter within 30 days of the filing of such com…

§ 4128. Immunity. (a) There shall be no liability on the part of and no cause of action shall arise against: (1) The Insurance Commissioner; (2) Any insurer or its authorized representatives, agents or employees; (3) Any licensed insurance agent or broker; or (4) Any person furni…

§ 4129. Notice. During the pendency of any claim received pursuant to a property insurance policy, the insurer shall be required to give prompt and timely written notice to a policyholder making a claim informing the policyholder of the applicable state statute of limitations or …

§ 4130. Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8]. (a) (1) An insurer may not refuse to renew a policy of homeowners insurance solely on the basis of: a. Claims caused by weather, unless 3 or more such claims have been made against the policy dur…

§ 4131. Inquiries. An insurer shall not consider an inquiry regarding a homeowners policy or a loss under that policy to be a claim for purposes of making underwriting decisions, including but not limited to decisions to nonrenew a policy. An inquiry is any contact initiated by a…

§ 4140. Notice regarding deductibles. (a) All insurers licensed to and writing residential property insurance in Delaware shall provide clear and prominent notice to residential property insurance policyholders as to the existence of deductibles for losses caused by wind, hail or…

§ 4151. Short title. This subchapter is known and may be cited as the “Private Primary Residential Flood Insurance Model Act.” 83 Del. Laws, c. 530, § 1;

§ 4152. Purpose and intent. To provide protection of lives and property from the peril of flood, this legislation is designed to encourage a robust private primary residential flood insurance market to provide consumer choices and alternatives to the existing National Flood Insur…

§ 4153. Definitions. As used in this subchapter: (1) “Authorized insurer” means an insurer that is authorized by the Department to write insurance under a certificate of authority issued by the Department to transact insurance in Delaware. (2) “Commissioner” means the Insurance C…

§ 4154. Rates. (a) Rates for flood insurance coverage established pursuant to this subchapter are subject to the requirements of Chapter 25 of this title. (b) An insurer shall file with the Department all rates and any change to such rates in accordance with the requirements of C…

§ 4155. Forms. (a) An insurer shall file with the Department all forms for flood insurance coverage in accordance with § 2712 of this title. (b) The Department may require, through the promulgation of regulations, additional conditions related to the forms or rates for private re…