Title 18 — Insurance Code

§ 101. Short title. This part constitutes the Delaware Insurance Code.18 Del. C. 1953, § 101; 56 Del. Laws, c. 380, § 1;

§ 102. Definitions [For application of this section, see 79 Del. Laws, c. 172, § 6]. As used in this part: (1) An “alien” insurer is a foreign insurer formed under the laws of any country other than the United States of America, its states, districts, commonwealths and possession…

§ 103. “Transacting insurance” defined. In addition to other aspects of insurance operations to which provisions of this title by their terms apply, “transact” with respect to a business of insurance includes any of the following: (1) Solicitation or inducement; (2) Negotiations;…

§ 104. Application of Code as to particular types of insurers. No provision of this title shall apply with respect to: (1) Domestic mutual assessment property insurers, except as stated in Chapter 53 (Mutual Assessment Property Insurers) of this title; (2) Domestic mutual benefit…

§ 105. Particular provisions prevail. Provisions of this title as to a particular kind of insurance, type of insurer or matter shall prevail over provisions relating to insurance, insurers or matters in general.18 Del. C. 1953, § 105; 56 Del. Laws, c. 380, § 1;

§ 106. General penalty. (a) Each violation of this title for which a greater penalty is not provided by a provision of this title or other applicable laws of this State, in addition to any applicable prescribed denial, suspension or revocation of certificate of authority or licen…

§ 107. Electronic notices and documents. (a) In this section, the following words shall have the following meanings: (1) “Delivered by electronic means” includes: a. Delivery to an electronic mail address at which a party has consented to receive notice; or b. Posting on an elect…

§ 301. Commissioner; election; term. (a) The Insurance Commissioner shall be the chief officer of the Insurance Department. (b) The Commissioner shall be elected by the qualified electors of the State at a general election for a term of 4 years and shall be commissioned by the Go…

§ 302. Oath. Before entering upon the duties of office the Commissioner shall take and subscribe the oath or affirmation prescribed by article XIV of the Delaware Constitution.18 Del. C. 1953, § 303; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1; 70 Del. Laws, c. 186, § 1;

§ 303. Removal; vacancy. (a) The Commissioner may be removed from office for reasonable cause, as provided by article III, § 13, of the Delaware Constitution. (b) A vacancy in the office of Commissioner shall be filled by appointment by the Governor, as provided in article III, §…

§ 304. Seal. The Commissioner shall have a seal of office of a suitable design and bearing the words “Insurance Commissioner of the State of Delaware.”18 Del. C. 1953, § 306; 56 Del. Laws, c. 380, § 1; 70 Del. Laws, c. 185, § 1;

§ 305. Office; Insurance Commissioner Regulatory Revolving Fund. (a) The Department may operate 3 offices, the principal office in the Dover area and branch offices in Wilmington and Sussex County. (b) There is hereby created within the office of the Insurance Commissioner a spec…

§ 306. Deputy Commissioner. (a) The Commissioner may appoint and may remove a Deputy. Before entering upon the duties of office the Deputy shall take and file the constitutional oath of office. (b) The Deputy may exercise such powers and discharge such duties as the Commissioner …

§ 307. Staff. (a) The Commissioner may appoint and fix the compensation of such examiners, clerks, technical and professional personnel, and other necessary assistants as conduct of the office may require and may revoke such appointments. (b) The Commissioner may from time to tim…

§ 308. Prohibited interest; rewards. (a) The Commissioner, the Commissioner’s Deputy, or any examiner, assistant or employee of the Department, shall not be connected with the management of, nor have a material financial interest in, directly or indirectly, any insurer, insurance…

§ 309. Delegation of powers; duties. (a) The Commissioner may delegate to the Commissioner’s Deputy, authorized representative, examiner or an employee of the Department the exercise or discharge in the Commissioner’s name of any power, duty or function, whether ministerial, disc…

§ 310. General powers; duties. (a) The Commissioner shall enforce and execute the duties imposed by this title. (b) The Commissioner shall have the powers and authority expressly vested by or reasonably implied from this title. (c) With respect to enforcement of the payment of fe…

§ 311. Rules and regulations; promulgation; violation. (a) The Commissioner may make reasonable rules and regulations necessary for, or as an aid to, the administration or effectuation of any provision of this title. No such rule or regulation shall extend, modify or conflict wit…

§ 312. Orders, notices in general. (a) Orders and notices of the Commissioner shall be effective only when in writing signed by the Commissioner or by the Commissioner’s authority. (b) Except as otherwise expressly provided by law as to particular orders, every order of the Commi…

§ 313. Enforcement through Attorney General. (a) The Commissioner, through the Attorney General of this State, may invoke the aid of the Superior Court, through proceedings instituted in any county of this State, to enforce any lawful order made or action taken by the Commissione…

§ 314. Records; inspection; destruction. (a) The Commissioner shall carefully preserve in the Department and in permanent form all papers and records relating to the business of the Department and shall hand the same over to the successor in office. (b) The Commissioner shall per…

§ 315. Official documents, certified copies; use as evidence. Any instrument duly executed by the Commissioner, and authenticated by the Commissioner’s seal of office, shall be received in evidence in the courts of this State, and copies of papers and records in the Department so…

§ 316. Interstate cooperation. (a) The Commissioner shall communicate, on request of the insurance supervisory official of any state, province or country, any information which it is the Commissioner’s duty by law to ascertain respecting authorized insurers. Any communication of …

§ 317. Investigations authorized. In addition to examinations and investigations expressly authorized, the Commissioner may conduct such investigations of insurance matters as the Commissioner may deem proper, upon reasonable cause, to determine whether any person has violated th…

§ 318. Examination of insurers. (a) The Commissioner or any of the Commissioner’s examiners may conduct an examination under this section of any company as often as the Commissioner in the Commissioner’s sole discretion deems appropriate, but shall, at a minimum, conduct an exami…

§ 319. Examination of agents, promoters and others. For the purpose of ascertaining compliance with law or relationships and transactions between any such person and any insurer or proposed insurer, the Commissioner may examine, as often as the Commissioner deems advisable, the a…

§ 320. Conduct of examination; access to records; correction. (a) The Commissioner shall conduct each examination in an expeditious, fair, and impartial manner. Upon determining that an examination should be conducted, the Commissioner or the Commissioner’s designee shall issue a…

§ 321. Examination report. (a) The Commissioner or the Commissioner’s examiner shall make a full and true written report of every such examination made by the Commissioner or the Commissioner’s examiner and shall therein certify under oath the report and findings. (b) The report …

§ 322. Examination expense. (a) The expense of examination of an insurer or of any person referred to in § 319(2) of this title (management or control of an insurer under contract) or § 319(4) of this title (promoters, etc.) shall be borne by the person examined. Such expense sha…

§ 323. Administrative procedures; hearings in general. (a) The Commissioner may hold a hearing without request by others for any purpose within the scope of this title. (b) The Commissioner shall hold a hearing: (1) If required by any other provision of this title; or (2) Upon wr…

§ 324. Notice of hearing. (a) Except where a longer period is expressly provided in this title, the Commissioner shall give written notice of the hearing to all parties not less than 20 days in advance. (b) If any such hearing is to be held for consideration of rules and regulati…

§ 325. Conduct of hearing. The Commissioner may hold a hearing in Dover or any other place of convenience to parties and witnesses as the Commissioner determines. The Commissioner, or the Commissioner’s designee, shall preside at the hearing and shall expedite the hearing and all…

§ 326. Witnesses and documentary evidence. (a) As to the subject of any examination, investigation or hearing being conducted by the Commissioner, the Commissioner may subpoena witnesses and administer oaths or affirmations, and examine any individual under oath, or take depositi…

§ 327. Testimony compelled; immunity. (a) If any individual asks to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence or other documents in connection with any examination, hearing or investigation being conducted by t…

§ 328. Appeal from the Commissioner. (a) Except as to matters arising under Chapter 25 of this title (Rates and Rating Organizations), 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…

§ 329. Administrative penalty. (a) Notwithstanding any other provisions of this title or any regulation implementing said title, the Commissioner, upon a finding after notice and hearing conducted in accordance with the provisions of this chapter, that any person, insurer or insu…

§ 330. Immunity from liability. (a) No cause of action shall arise nor shall any liability be imposed against the Commissioner, the Commissioner’s authorized representatives or any examiner appointed by the Commissioner for any statements made or conduct performed in good faith w…

§ 331. Arbitration of disputes involving homeowners’ insurance coverage. (a) Every insurer providing insurance coverage for homeowners’ risks shall be required to submit to arbitration, in the manner set forth in this section, any dispute relating to the amounts owed under any cl…

§ 332. Arbitration of disputes involving health insurance coverage. (a) The following definitions shall apply with respect to this section: (1) “Adverse determination” means a benefit denial, reduction or termination, a denial of certification, or both. (2) “Benefit denial” means…

§ 333. Arbitration of disputes between insurance carriers and health-care providers. (a) Definitions. — The following definitions shall apply with respect to this section: (1) “Health-care provider” means a person, corporation, facility or institution licensed by this State pursu…

§ 334. Office of Value-Based Health Care Delivery. (a) The Office of Value-Based Health Care Delivery is established within the Department to reduce health-care costs by increasing the availability of high quality, cost-efficient health insurance products that have stable, predic…

§ 401. Scope. This chapter shall apply to workers’ compensation self-insurance groups of public and private employers. Groups which are issued a certificate of authority by the Commissioner shall be subject to this chapter and Chapters 1, 3, 7, 11, 13, 17, 21, 23, 25, 26, 27 and …

§ 402. Definitions. For purposes of this chapter: (1) “Administrator” means an individual, partnership or corporation engaged by a workers’ compensation self-insurance group’s board of trustees to carry out the policies established by the group’s board of trustees and to provide …

§ 403. Authority to act as a workers’ compensation self-insurance group. No person, association or other entity shall act as a workers’ compensation self-insurance group unless it has been issued a certificate of authority by the Commissioner.70 Del. Laws, c. 540, § 1; 70 Del. La…

§ 404. Qualifications for initial approval and continued authority to act as a workers’ compensation self-insurance group. (a) A proposed workers’ compensation self-insurance group shall file with the Commissioner its application for a certificate of approval accompanied by a non…

§ 405. Certificate of authority; termination. (a) The certificate of authority issued by the Commissioner to a workers’ compensation self-insurance group authorizes the group to provide workers’ compensation benefits and employer’s liability coverage. The certificate of authority…

§ 406. Examinations. The Commissioner, pursuant to Chapter 5 of this title, may examine the affairs, transactions, accounts, records and assets and liabilities of each group as often as the Commissioner deems advisable. The expense of such examinations shall be assessed against t…

§ 407. Board of trustees; membership, powers, duties and prohibitions. Each group shall be operated by a board of trustees which shall consist of not less than 5 persons whom the members of a group elect for stated terms of office. At least 2/3 of the trustees shall be employees,…

§ 408. Group membership; termination; liability. (a) An employer joining a workers’ compensation self-insurance group after the group has been issued a certificate of authority shall: (1) Submit an application for membership to the board of trustees or its administrator; and (2) …

§ 409. Service companies. (a) No service company or its employees, officers or directors shall be an employee, officer or director of, or have either a direct or indirect financial interest in, an administrator. No administrator or its employees, officer or directors shall be an …