reglab/housing_qa huggingface dataset:
18 DE Code § 2107. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 21. Unauthorized Insurers — Prohibitions, Process and Advertising|§ 2107. Defense of action by unauthorized insurer.

§ 2107. Defense of action by unauthorized insurer. (a) Before an unauthorized insurer files or causes to be filed any pleading in any action or proceeding instituted against it under §§ 2104 and 2105 of this title, such insurer shall:  (1) Procure a certificate of authority to transact insurance in this State; or (2) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action. The court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action or proceeding, and that the insurer will pay any final judgment entered therein without requiring suit to be brought on such judgment in the state where such funds or securities are located. (b) The court in any action or proceeding in which service is made in the manner provided in § 2105 of this title may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section above, and to defend such action. (c) Nothing in subsection (a) of this section above is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in § 2105 of this title on the ground either:  (1) That such unauthorized insurer has not done any of the acts enumerated in § 2104 of this title; or (2) That the person on whom service was made pursuant to § 2105(b) of this title was not doing any of the acts therein enumerated.18 Del. C. 1953, §  2107;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2108. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 21. Unauthorized Insurers — Prohibitions, Process and Advertising|§ 2108. Attorneys' fees.

§ 2108. Attorneys' fees. In any such action against an unauthorized insurer, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court shall allow to the plaintiff reasonable attorneys fees and include such fees in any judgment that may be rendered in such action, and in no event shall such fees be less than $100. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause. 18 Del. C. 1953, §  2108;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2109. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 21. Unauthorized Insurers — Prohibitions, Process and Advertising|§ 2109. Unauthorized Insurers False Advertising Process Act; title.

§ 2109. Unauthorized Insurers False Advertising Process Act; title. Sections 2102 and 2109 through 2111 of this title constitute and may be referred to as the “Unauthorized Insurers False Advertising Process Act.” 18 Del. C. 1953, §  2109;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2110. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 21. Unauthorized Insurers — Prohibitions, Process and Advertising|§ 2110. Notice to domiciliary supervisory official.

§ 2110. Notice to domiciliary supervisory official. No unauthorized insurer through any estimate, illustration, circular, pamphlet, letter, announcement, statement or any other means or medium shall misrepresent to any person in this State as to its financial condition or the terms of any contract issued or to be issued by it or the advantages thereof, or the dividends or share to be received thereon. Whenever the Commissioner has reason to believe that any such insurer is so misrepresenting, he or she shall so notify the insurer and the insurance supervisory official of the insurer's domiciliary state or province by registered or certified mail. 18 Del. C. 1953, §  2110;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2111. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 21. Unauthorized Insurers — Prohibitions, Process and Advertising|§ 2111. Action by Commissioner.

§ 2111. Action by Commissioner. (a) If within 30 days following the giving of the notice provided for in § 2110 of this title the insurer has not ceased such dissemination, and if the Commissioner has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this State or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by him or her in respect to such matters would be to the interest of the public, he or she shall take action against such insurer under Chapter 23 of this title. (b) If upon such hearing the Commissioner finds that the insurer has misrepresented, as referred to in § 2110 of this title, he or she shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the Commissioner and to the insurance supervisory official of the insurer's domiciliary state or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of $5,000, to be recovered by a civil action brought against the insurer by the Commissioner. Service of process upon the insurer in such action may be made upon the Commissioner pursuant to § 2105 or Chapter 23 of this title or in any other lawful manner. 18 Del. C. 1953, §  2111;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 278, §  4;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2112. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 21. Unauthorized Insurers — Prohibitions, Process and Advertising|§ 2112. Suits instituted by Commissioner.

§ 2112. Suits instituted by Commissioner. (a) Any foreign or alien insurer not thereunto authorized by the Commissioner, who, by mail or otherwise, solicits insurance business in this State or transacts insurance business in this State as defined by § 103 of this title, thereby submits itself to the jurisdiction of the courts of this State in any action, suit or proceeding instituted by or on behalf of the Commissioner arising out of such unauthorized solicitation of insurance business, including, but not limited to, an action for injunctive relief by the Commissioner. (b) Process against such unauthorized insurer may be served in the manner provided in § 2307 of this title, except that the insurer shall have 40 days from the date of such service within which to plead, answer or otherwise defend the action. 18 Del. C. 1953, §  2112;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2301. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2301. Declaration of purpose.

§ 2301. Declaration of purpose. (a) The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945, 15 U.S.C. § 1011 et seq., by defining or providing for the determination of all such practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined. (b) Section 2301 through § 2316 of this title constitute and may be cited as the Unfair Trade Practices Act. 18 Del. C. 1953, §  2301;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
18 DE Code § 2302. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2302. Definitions.

§ 2302. Definitions. When used in this chapter:  (1) “Abuse” means the occurrence of 1 or more of the following acts between family members, current or former household members, or current or former intimate partners:  a. Intentionally or recklessly causing or attempting to cause physical injury, or a sexual offense as defined in § 761 of Title 11; b. Intentionally or recklessly placing or attempting to place another individual in reasonable apprehension of physical injury or sexual offense to himself or herself or another; c. Intentionally or recklessly damaging, destroying or taking the tangible property of another individual; d. Insulting, taunting or challenging another individual or engaging in a course of alarming or distressing conduct in a manner which is likely to provoke a violent or disorderly response or which is likely to cause humiliation, degradation or fear in another individual; e. Trespassing on or in property of another individual, or on or in property from which the trespasser has been excluded by court order; f. Child abuse, as defined in Chapter 9 of Title 16; g. Unlawful imprisonment, kidnapping, interference with custody and coercion, as defined in Title 11; h. Any other conduct which a reasonable individual under the circumstances would find threatening or harmful. (2) “Commissioner” shall mean the Commissioner of Insurance of this State. (3) “Insurance policy” or “insurance contract” shall mean any contract of insurance, indemnity, medical or hospital service, suretyship, or annuity issued, proposed for issuance or intended for issuance by any person. (4) “Person” shall mean any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society and other legal entity engaged in the business of insurance, including agents, brokers and adjusters. Person shall also mean medical service plans and hospital service plans as defined in § 6302 of this title. For purposes of this chapter, medical hospital service plans shall be deemed to be engaged in the business of insurance. (5) “Service contract” is intended to cover the product issued by medical and hospital service plans and should be changed to conform to the laws of each state.18 Del. C. 1953, §  2302;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 250, §  1;
18 DE Code § 2303. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2303. Unfair methods of competition and unfair or deceptive acts or practices prohibited.

§ 2303. Unfair methods of competition and unfair or deceptive acts or practices prohibited. No person shall engage in this State in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. 18 Del. C. 1953, §  2303;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
18 DE Code § 2305A. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2305A. Banks acting as insurance agents or brokers.

§ 2305A. Banks acting as insurance agents or brokers. (a) Banks and subsidiaries thereof first authorized to conduct the business of insurance pursuant to § 761(a)(14) of Title 5 shall not act as insurance agents or brokers unless duly licensed to act as such pursuant to the provisions of Chapter 17 of this title; provided, that such banks or subsidiaries thereof may sell insurance pursuant to subsections (b) and (c) of this section without separate license if such sales are conducted exclusively by an individual, partnership or corporation duly licensed as an agent or broker under Chapter 17 of this title with whom such bank or subsidiary thereof shall have contracted. All of the business of acting as an insurance agent or broker undertaken by or on behalf of a bank or subsidiary thereof shall be subject to the provisions of Chapter 17 of this title regulating insurance agents or brokers generally; provided, that the prohibition against sharing commissions set forth in § 1739 of this title shall not apply to an agent employed, or contracting with, a bank with respect to the commissions earned by such agent on insurance sold through or on behalf of said bank. (b) Subject to subsection (c) of this section, banks or subsidiaries thereof first authorized to conduct the business of insurance pursuant to § 761(a)(14) of Title 5 which are either licensed as insurance agents or brokers, or which shall have contracted with an independent individual, partnership or corporation so licensed, may sell insurance both on branch premises and at other, nonbranch locations. (c) Until July 1, 1994, all sales of insurance to the Delaware public by a bank or subsidiary thereof, or an individual, partnership or corporation licensed as an agent or broker with whom a bank or subsidiary has contracted for the sale of insurance, shall, at each branch office or other location, be conducted under the supervision of 1 or more insurance agents or brokers, located on the premises, who have been licensed and have actual experience as insurance agents or brokers for a period of not less than 5 years. (d) Nothing in this section shall be construed as derogating from the authority of any bank or subsidiary thereof whose power to conduct the business of insurance first derives from its charter, or otherwise by operation of law other than § 761(a)(14) of Title 5. 67 Del. Laws, c. 223, §  36;
18 DE Code § 2306. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2306. Power of Commissioner.

§ 2306. Power of Commissioner. The Commissioner shall have power to examine and investigate the affairs of every person engaged in the business of insurance in this State in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by § 2303 of this chapter. 18 Del. C. 1953, §  2306;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
18 DE Code § 2310. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2310. Judicial review by intervenor.

§ 2310. Judicial review by intervenor. If after any hearing under § 2306 or § 2311 of this title the Commissioner's report does not charge a violation of this chapter, then any intervenor in the proceedings may within 20 days after the service of such report cause a petition for a review of such report to be filed in the Chancery Court of any county of this State. Upon such review, the Court shall have authority to issue appropriate orders and decrees in connection therewith, including, if the Court finds that it is in the interest of the public, orders enjoining and restraining the continuance of any method of competition, act or practice which it finds, notwithstanding such report of the Commissioner, constitutes a violation of this chapter, and containing penalties pursuant to § 2308 of this title. 18 Del. C. 1953, §  2311;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
18 DE Code § 2311. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2311. Penalty for violation of cease and desist orders.

§ 2311. Penalty for violation of cease and desist orders. (a) Any person who violates a cease and desist order of the Commissioner under § 2308 of this title, and while such order is in effect, may after notice and hearing and upon order of the Commissioner be subject at the discretion of the Commissioner to any one or more of the following:  (1) A monetary penalty of not more than $11,500 for each and every act or violation; or (2) Suspension or revocation of such person's license; or (3) Such other relief as is reasonable and appropriate.  (b) Prosecutions for any such violation shall be brought in the Superior Court of the county in which the offense occurred. (c) At the discretion of the Commissioner and the Attorney General, any fine provided for above may be recovered on behalf of the State by a civil action brought against the violator. 18 Del. C. 1953, §  2312;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;  67 Del. Laws, c. 260, §  1;
18 DE Code § 2312. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2312. Regulations.

§ 2312. Regulations. (a) The Commissioner may, after notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by § 2304 or § 2305 of this title, but the regulations shall not enlarge upon or extend the provisions of § 2304 or § 2305 of this title. Such regulations shall be subject to review in accordance with § 2309 of this title. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof. (b) Wilful violation of any such rule or regulation shall subject the violator to such suspension or revocation of certificate of authority or license, or to such administrative fine in lieu thereof, as may be applicable under this title for violation of the provision to which such rule or regulation relates, but no penalty shall apply to any act done or omitted in good faith in conformity with any such rule or regulation, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason. 18 Del. C. 1953, §  2313;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
18 DE Code § 2313. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2313. Provisions of chapter additional to existing law.

§ 2313. Provisions of chapter additional to existing law. The powers vested in the Commissioner by this chapter, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the method, acts and practices hereby declared to be unfair or deceptive. 18 Del. C. 1953, §  2314;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
18 DE Code § 2314. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2314. Immunity from prosecution.

§ 2314. Immunity from prosecution. If any person shall ask to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence or other documents at any hearing on the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, and shall thereafter notwithstanding this request be directed to give such testimony or produce such evidence, he or she must nonetheless comply with such direction, but he or she shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she may testify or produce evidence thereto, and no testimony so given or evidence produced shall be received against him or her upon any criminal action, investigation or proceeding. However, no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her while so testifying, and the testimony or evidence so given or produced shall be admissible against him or her upon any criminal action, investigation or proceeding concerning such perjury, nor shall he or she be exempt from the refusal, suspension or revocation of any license, permission or authority conferred, or to be conferred, pursuant to the Insurance Law of this State. Any such individual may execute, acknowledge and file in the office of the Commissioner and of the Attorney General a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such person or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury or otherwise, and if so received or produced such individual shall not be entitled to any immunity or privileges on account of any testimony he or she may so give or evidence so produced. 18 Del. C. 1953, §  2315;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2315. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2315. Discrimination against individuals over 65 years of age.

§ 2315. Discrimination against individuals over 65 years of age. (a) No person shall fail to make available to an insured continued coverage for hospital and medical-surgical expenses in health insurance, group and blanket health insurance, or health service corporation contracts due to such insured's attaining the age of 65. (b) No person shall knowingly permit or offer to make or make any contract of health insurance, group or blanket health insurance, or health service corporation service agreement with an individual 65 years of age or older unless such contract provides benefits equivalent to the benefits available to insureds under the age of 65 covered by such insurance company; except that such contracts may allow for reductions in coverage to reflect benefits available under governmentally sponsored health-care programs generally available to individuals over 65. (c) Should any insurance company not have a contract available to insureds under the age of 65, the minimum benefits, if any, available to insureds over 65 must include partial or full coverage of appropriate hospital and surgical-medical expenses as determined by the Commissioner taking into account the prevailing medical practice in the community and the coverage available under governmentally sponsored programs generally available to individuals over 65. (d) The application of subsections (a), (b) and (c) of this section shall not prohibit differential rates to be charged to any category of risk set forth in this section. 59 Del. Laws, c. 274, §  1;
18 DE Code § 2316. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 23. Unfair Practices in the Insurance Business|§ 2316. Refusal to issue policy to blind or deaf persons prohibited.

§ 2316. Refusal to issue policy to blind or deaf persons prohibited. (a) No insurer authorized to issue policies of accident and sickness insurance in the State shall refuse, for the reason of blindness or deafness, to issue an individual policy of accident and sickness insurance, which provides hospital expense and surgical expense coverage, to any person residing in the State. (b) No insurer authorized to issue life insurance policies in the State shall refuse, for the sole reason of blindness or deafness, to issue a policy of individual life insurance on the life of any such person residing in the State. 61 Del. Laws, c. 216, §  1;