reglab/housing_qa huggingface dataset:
18 DE Code § 5712. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5712. Action on bond.

§ 5712. Action on bond. Action on the attorney's bond or to recover against any such deposit made in lieu thereof may be brought at any time by 1 or more subscribers suffering loss through a violation of its conditions or by a receiver or liquidator of the insurer. Amounts recovered on the bond shall be deposited in and become part of the insurer's funds. The total aggregate liability of the surety shall be limited to the amount of the penalty of such bond. 18 Del. C. 1953, §  5712;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5713. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5713. Service of process; judgment.

§ 5713. Service of process; judgment. (a) Legal process shall be served upon a domestic reciprocal insurer by serving the insurer's attorney at the attorney's principal offices or by serving the Commissioner as the insurer's process agent under §§ 524 and 525 of this title. (b) Any judgment based upon legal process so served shall be binding upon each of the insurer's subscribers as their respective interests may appear but in an amount not exceeding their respective contingent liabilities, if any, the same as though personal service of process was had upon each such subscriber. 18 Del. C. 1953, §  5713;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5714. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5714. Contributions to insurer.

§ 5714. Contributions to insurer. The attorney or other parties may advance to a domestic reciprocal insurer upon reasonable terms such funds as it may require from time to time in its operations. Sums so advanced shall not be treated as a liability of the insurer and, except upon liquidation of the insurer, shall not be withdrawn or repaid except out of the insurer's realized earned surplus in excess of its minimum required surplus. No such withdrawal or repayment shall be made without the advance approval of the Commissioner. This section does not apply to bank loans or to other loans made upon security. 18 Del. C. 1953, §  5714;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5715. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5715. Financial condition; method of determining.

§ 5715. Financial condition; method of determining. In determining the financial condition of a reciprocal insurer, the Commissioner shall apply the following rules:  (1) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis. (2) The surplus deposits of subscribers shall be allowed as assets, except that any premium deposits delinquent for 90 days shall first be charged against such surplus deposit. (3) The surplus deposits of subscribers shall not be charged as a liability. (4) All premium deposits delinquent less than 90 days shall be allowed as assets. (5) An assessment levied upon subscribers and not collected shall not be allowed as an asset. (6) The contingent liability of subscribers shall not be allowed as an asset. (7) The computation of reserves shall be based upon premium deposits other than membership fees and without any deduction for expenses and the compensation of the attorney.18 Del. C. 1953, §  5715;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5716. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5716. Subscribers.

§ 5716. Subscribers. Individuals, partnerships and corporations of this State may make application, enter into agreement for and hold policies or contracts in or with and be a subscriber of any domestic, foreign or alien reciprocal insurer. Any corporation now or hereafter organized under the laws of this State shall, in addition to the rights, powers, and franchises specified in its articles of incorporation, have full power and authority as a subscriber to exchange insurance contracts through such reciprocal insurer. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations. Government or governmental agencies, state or political subdivisions thereof, boards, associations, estates, trustees or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships and corporations to the same extent that individuals, partnerships and corporations are herein authorized to exchange reciprocal interinsurance contracts. Any officer, representative, trustee, receiver or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of such contract but shall not be personally liable upon such contract by reason of acting in such representative capacity. 18 Del. C. 1953, §  5716;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5717. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5717. Subscribers' advisory committee.

§ 5717. Subscribers' advisory committee. (a) The advisory committee of a domestic reciprocal insurer exercising the subscribers' rights shall be selected under such rules as the subscribers adopt. (b) Not less than 2/3 of such committee shall be subscribers other than the attorney or any person employed by, representing or having a financial interest in the attorney. (c) The committee shall:  (1) Supervise the finances of the insurer; (2) Supervise the insurer's operations to such extent as to assure conformity with the subscribers' agreement and power of attorney; (3) Procure the audit of the accounts and records of the insurer and of the attorney at the expense of the insurer; and (4) Have such additional powers and functions as may be conferred by the subscribers' agreement.18 Del. C. 1953, §  5717;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5718. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5718. Subscribers' liability generally.

§ 5718. Subscribers' liability generally. (a) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several and proportionate liability, and not joint. (b) Except as to a nonassessable policy, each subscriber shall have a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers' agreement, for payment of actual losses and expenses incurred while the subscriber's policy was in force. Such contingent liability may be at the rate of not less than 1 nor more than 10 times the premium or premium deposit stated in the policy, and the maximum aggregate thereof shall be computed in the manner set forth in § 5722 of this title. (c) Each assessable policy issued by the insurer shall contain a statement of the contingent liability set in type of the same prominence as the insuring clause. 18 Del. C. 1953, §  5718;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5719. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5719. Subscribers' liability on judgment.

§ 5719. Subscribers' liability on judgment. (a) No action shall lie against any subscriber upon any obligation claimed against the insurer until a final judgment has been obtained against the insurer and remains unsatisfied for 30 days. (b) Any such judgment shall be binding upon each subscriber only in such proportion as the subscriber's interests may appear and in amount not exceeding the subscriber's contingent liability, if any. 18 Del. C. 1953, §  5719;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5720. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5720. Assessments.

§ 5720. Assessments. (a) Assessments may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor under the terms of their policies by the attorney upon approval in advance by the subscribers' advisory committee and the Commissioner or by the Commissioner in liquidation of the insurer. (b) Each subscriber's share of a deficiency for which an assessment is made which shall not exceed in any event the subscriber's aggregate contingent liability as computed in accordance with § 5722 of this title, shall be computed by applying to the premium earned on the subscriber's policy or policies during the period to be covered by the assessment, the ratio of the total deficiency to the total premiums earned during such period upon all policies subject to the assessment. (c) In computing the earned premiums for the purposes of this section, the gross premium received by the insurer for the policy shall be used as a base, deducting therefrom solely charges not recurring upon the renewal or extension of the policy. (d) No subscriber shall have an offset against any assessment for which such subscriber is liable on account of any claim for unearned premium or losses payable. 18 Del. C. 1953, §  5720;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5721. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5721. Time limit for assessments.

§ 5721. Time limit for assessments. Every subscriber of a domestic reciprocal insurer having contingent liability shall be liable for and shall pay his or her share of any assessment, as computed and limited in accordance with this chapter, if:  (1) While his or her policy is in force or within 1 year after its termination, he or she is notified by either the attorney or the Commissioner of his or her intentions to levy such assessment, or (2) An order to show cause why a receiver, conservator, rehabilitator or liquidator of the insurer should not be appointed is issued while his or her policy is in force or within 1 year after its termination.18 Del. C. 1953, §  5721;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5722. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5722. Aggregate or contingent liability.

§ 5722. Aggregate or contingent liability. No 1 policy or subscriber as to such policy shall be assessed or charged with an aggregate or contingent liability as to obligations incurred by a domestic reciprocal insurer in any 1 calendar year in excess of the amount provided for in the power of attorney or in the subscribers' agreement, computed solely upon premium earned on such policy during that year. 18 Del. C. 1953, §  5722;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5723. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5723. Nonassessable policies.

§ 5723. Nonassessable policies. (a) If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the minimum capital stock and surplus required to be maintained by a domestic stock insurer authorized to transact like kinds of insurance, upon application of the attorney and as approved by the subscribers' advisory committee, the Commissioner shall issue his or her certificate authorizing the insurer to extinguish the contingent liability of subscribers under its policies then in force in this State and to omit provisions imposing contingent liability in all policies delivered or issued for delivery in this State for so long as all such surplus remains unimpaired. (b) Upon impairment of such surplus, the Commissioner shall forthwith revoke the certificate. Such revocation shall not render subject to contingent liability any policy then in force and for the remainder of the period for which the premium has theretofore been paid, but, after such revocation, no policy shall be issued or renewed without providing for contingent assessment liability of the subscriber. (c) The Commissioner shall not authorize a domestic reciprocal insurer so to extinguish the contingent liability of any of its subscribers or in any of its policies to be issued unless it qualified to and does extinguish such liability of all its subscribers and in all such policies for all kinds of insurance transacted by it. Except, that if required by the laws of another state in which the insurer is transacting insurance as an authorized insurer, the insurer may issue policies providing for the contingent liability of such of its subscribers as may acquire such policies in such state and need not extinguish the contingent liability applicable to policies theretofore in force in such state. 18 Del. C. 1953, §  5723;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5724. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5724. Subscribers' share in assets.

§ 5724. Subscribers' share in assets. Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus and the return of any unused premium, savings or credits then standing on subscribers' accounts shall be distributed to its subscribers who were such within the 12 months prior to the last termination of its certificate of authority, according to such reasonable formula as the Commissioner may approve. 18 Del. C. 1953, §  5724;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5725. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5725. Merger or conversion.

§ 5725. Merger or conversion. (a) A domestic reciprocal insurer upon affirmative vote of not less than 2/3 of its subscribers who vote on such merger, pursuant to due notice and the approval of the Commissioner of the terms therefor, may merge with another reciprocal insurer or be converted to a stock or mutual insurer. (b) Such a stock or mutual insurer shall be subject to the same capital or surplus requirements and shall have the same rights as a like domestic insurer transacting like kinds of insurance. (c) The Commissioner shall not approve any plan for such merger or conversion which is inequitable to subscribers, or which, if for conversion to a stock insurer, does not give each subscriber preferential right to acquire stock of the proposed insurer proportionate to each subscriber's interest in the reciprocal insurer as determined in accordance with § 5724 of this title and a reasonable length of time within which to exercise such right. 18 Del. C. 1953, §  5725;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5726. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 57. Reciprocal Insurers|§ 5726. Impaired reciprocals.

§ 5726. Impaired reciprocals. (a) If the assets of a domestic reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall forthwith make up the deficiency or levy an assessment upon the subscribers for the amount needed to make up the deficiency but subject to the limitation set forth in the power of attorney or policy. (b) If the attorney fails to make up such deficiency or to make the assessment within 30 days after the Commissioner orders such attorney to do so or if the deficiency is not fully made up within 60 days after the date the assessment was made, the insurer shall be deemed insolvent and shall be proceeded against as authorized by this title. (c) If liquidation of such an insurer is ordered, an assessment shall be levied upon the subscribers for such an amount, subject to limits as provided by this chapter, as the Commissioner determines to be necessary to discharge all liabilities of the insurer, exclusive of any funds contributed by the attorney or other persons but including the reasonable cost of the liquidation. 18 Del. C. 1953, §  5726;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 6101. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 61. Prohibition of Rescissions Based Upon Post-Claims Underwriting|§ 6101. Rescissions based upon post-claims underwriting barred.

§ 6101. Rescissions based upon post-claims underwriting barred. Unless approval is granted pursuant to § 6102 of this title, no insurer may rescind, cancel or limit any health insurance policy, contract, evidence of coverage or certificate that provides coverage of the types specified in § 6103 of this title on the basis of written information submitted on, with or omitted from an insurance application by the insured if the insurer failed to complete medical underwriting and resolve all reasonable medical questions related to the written information submitted on, with or omitted from the insurance application before issuing the policy, contract, evidence of coverage or certificate. No insurer may rescind, cancel or limit any such health insurance policy, contract, evidence of coverage or certificate once the enrollee is covered under such plan or coverage involved, except this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or who makes an intentional misrepresentation of a material fact, as prohibited by the terms of the plan or coverage, and such omission materially affects the risk or the hazard assumed by the insurer or health care center. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and except as permitted under applicable federal, state or local laws. 77 Del. Laws, c. 471, §  1;
18 DE Code § 6102. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 61. Prohibition of Rescissions Based Upon Post-Claims Underwriting|§ 6102. Approval of rescission.

§ 6102. Approval of rescission. An insurer shall apply for approval of such rescission, cancellation or limitation by submitting such written information to the Insurance Commissioner on an application in such appropriate form as the Commissioner prescribes. Such insurer shall provide a copy of the application for such approval to the insured or the insured's representative. Not later than 7 business days after receipt of the application for such approval, the insured or the insured's representative shall have an opportunity to respond and submit relevant information to the Commissioner with respect to such application. Not later than 15 business days after the submission of information by the insured or the insured's representative, the Commissioner shall issue a written decision on such application. The Commissioner shall approve such rescission, cancellation or limitation if the Commissioner finds that:  (1) The written information submitted on or with the insurance application was false at the time such application was made and the insured or such insured's representative knew or should have known of the falsity therein, and such submission materially affects the risk or the hazard assumed by the insurer or health care center; or (2) The information omitted from the insurance application was knowingly omitted by the insured or such insured's representative, or the insured or such insured's representative should have known of such omission, and such omission materially affects the risk or the hazard assumed by the insurer or health care center. Such decision shall be mailed to the insured, the insured's representative, if any, and the insurer.77 Del. Laws, c. 471, §  1;
18 DE Code § 6103. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 61. Prohibition of Rescissions Based Upon Post-Claims Underwriting|§ 6103. Affected health insurance policies.

§ 6103. Affected health insurance policies. As used in this chapter, “health insurance policy, contract, evidence of coverage or certificate” means insurance providing benefits due to illness or injury, resulting in loss of life, loss of earnings, or expenses incurred, and includes the following types of coverage:  (1) Basic hospital expense coverage; (2) Basic medical-surgical expense coverage; (3) Hospital confinement indemnity coverage; (4) Major medical expense coverage; or (5) Hospital or medical service plan contract.77 Del. Laws, c. 471, §  1;
18 DE Code § 6104. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 61. Prohibition of Rescissions Based Upon Post-Claims Underwriting|§ 6104. Authority of Insurance Commissioner to promulgate regulations.

§ 6104. Authority of Insurance Commissioner to promulgate regulations. The Insurance Commissioner may promulgate regulations to implement the provisions of this chapter. 77 Del. Laws, c. 471, §  1;
18 DE Code § 6301. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 63. Health Service Corporations|§ 6301. Provisions exclusive.

§ 6301. Provisions exclusive. Health service corporations now or hereafter incorporated in this State shall be governed by this chapter, shall be exempt from all other provisions of this title, except as herein expressly provided, and no insurance law hereafter enacted shall be deemed to apply to such corporations unless they be specifically referred to therein. 18 Del. C. 1953, §  6301;  56 Del. Laws, c. 380, §  1;
18 DE Code § 6302. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 63. Health Service Corporations|§ 6302. Health service corporation defined.

§ 6302. Health service corporation defined. “Health service corporation” means a nonprofit corporation, without capital stock, organized under the laws of this State for the purpose of establishing, maintaining and operating plans to provide hospital, physicians' or related health services, or indemnity therefor, for such persons as become members or subscribers of any plan of such corporation. 18 Del. C. 1953, §  6302;  56 Del. Laws, c. 380, §  1;
18 DE Code § 6303. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 63. Health Service Corporations|§ 6303. Limited application.

§ 6303. Limited application. This chapter, other than § 6301 of this title, shall not apply to any corporation operating or maintaining a hospital service plan or medical service plan, participation in which is limited to its employees and the employees of other persons or corporations with which such corporation may have contracted to provide such services. As used in this section, the term “employees” may include members of the families of employees and retired employees. 18 Del. C. 1953, §  6303;  56 Del. Laws, c. 380, §  1;