reglab/housing_qa huggingface dataset:
18 DE Code § 8406. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8406. ORSA summary report.

§ 8406. ORSA summary report. (a) Upon the Insurance Commissioner's request, and no more than once each year, an insurer shall submit to the Insurance Commissioner an ORSA summary report or any combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the insurer and/or the insurance group of which it is a member. Notwithstanding any request from the Insurance Commissioner, if the insurer is a member of an insurance group, the insurer shall submit the report or reports required by this subsection if the Insurance Commissioner is the lead State Commissioner of the insurance group as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners. (b) The report or reports shall include a signature of the insurer or insurance group's chief risk officer or other executive having responsibility for the oversight of the insurer's enterprise risk management process attesting to the best of his or her belief and knowledge that the insurer applies the enterprise risk management process described in the ORSA summary report and that a copy of the report has been provided to the insurer's board of directors or the appropriate committee thereof. (c) An insurer may comply with subsection (a) of this section by providing the most recent and substantially similar report(s) provided by the insurer or another member of an insurance group of which the insurer is a member to the insurance commissioner of another state or to a supervisor or regulator of a foreign jurisdiction, if that report provides information that is comparable to the information described in the ORSA Guidance Manual. Any such report in a language other than English must be accompanied by a translation of that report into the English language. 79 Del. Laws, c. 422, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 8408. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8408. Contents of ORSA summary report.

§ 8408. Contents of ORSA summary report. (a) The ORSA summary report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of subsection (b) of this section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the Insurance Commissioner. (b) The review of the ORSA summary report, and any additional requests for information, shall be made using similar procedures currently used in the analysis and examination of multi-state or global insurers and insurance groups. 79 Del. Laws, c. 422, §  1;
18 DE Code § 8410. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8410. Sanctions.

§ 8410. Sanctions. Any insurer failing, without just cause, to timely file the ORSA summary report as required in this chapter shall be subject to the enforcement and penalty provisions set forth in Chapter 3 of this title. 79 Del. Laws, c. 422, §  1;
18 DE Code § 8411. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8411. Severability clause.

§ 8411. Severability clause. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable. 79 Del. Laws, c. 422, §  1;
18 DE Code § 8412. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8412. Effective date.

§ 8412. Effective date. The requirements of this chapter shall become effective on January 1, 2015. The first filing of the ORSA summary report shall be in 2015 pursuant to § 8406 of this title. 79 Del. Laws, c. 422, §  1;
18 DE Code § 8501. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8501. Short title.

§ 8501. Short title. This chapter may be cited as the “Corporate Governance Annual Disclosure Act.”  81 Del. Laws, c. 119, § 1;
18 DE Code § 8502. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8502. Purpose and scope.

§ 8502. Purpose and scope. (a) The purpose of this chapter is to:  (1) Provide the Commissioner a summary of an insurer or insurance group's corporate governance structure, policies and practices to permit the Commissioner to gain and maintain an understanding of the insurer's corporate governance framework. (2) Outline the requirements for completing a corporate governance annual disclosure with the Commissioner. (3) Provide for the confidential treatment of the corporate governance annual disclosure and related information that will contain confidential and sensitive information related to an insurer or insurance group's internal operations and proprietary and trade secret information which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.  (b) Nothing in this chapter shall be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law. Notwithstanding the foregoing, nothing in this chapter shall be construed to limit the Commissioner's authority, or the rights or obligations of third parties, under § 318 through § 321 of this title. (c) The requirements of this chapter shall apply to all insurers domiciled in this State. 81 Del. Laws, c. 119, § 1;
18 DE Code § 8503. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8503. Definitions.

§ 8503. Definitions. As used in this chapter, unless the context requires otherwise:  (1) “Commissioner.” — The term “Commissioner” shall mean the Insurance Commissioner of this State. (2) “Corporate governance annual disclosure” or “CGAD.” — The term “corporate governance annual disclosure” or “CGAD” shall mean a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter. (3) “Insurance group.” — For purposes of this chapter, the term “insurance group” shall mean those insurers and affiliates included within an insurance holding company system as defined in Chapter 50 of this title. (4) “Insurer.” — The term “insurer” shall have the same meaning as set forth in § 102(10) of this title, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. (5) “NAIC.” — The term “NAIC” shall mean the National Association of Insurance Commissioners.81 Del. Laws, c. 119, § 1;
18 DE Code § 8504. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8504. Disclosure requirement.

§ 8504. Disclosure requirement. (a) An insurer, or the insurance group of which the insurer is a member, shall, no later than June 1 of each calendar year, submit to the Commissioner a Corporate Governance Annual Disclosure (CGAD) that contains the information described in § 8506(b) of this title. Notwithstanding any request from the Commissioner made pursuant to subsection (c) of this section below, if the insurer is a member of an insurance group, the insurer shall submit the report required in this section to the Commissioner of the lead state for the insurance group, in accordance with the laws of the lead state, as determined by the procedures outlined in the most recent Financial Analysis Handbook adopted by the NAIC. (b) The CGAD must include a signature of the insurer or insurance group's chief executive officer or corporate secretary attesting to the best of that individual's belief and knowledge that the insurer has implemented the corporate governance practices and that a copy of the disclosure has been provided to the insurer's board of directors or the appropriate committee thereof. (c) An insurer not required to submit a CGAD under this section shall do so upon the Commissioner's request. (d) For purposes of completing the CGAD, the insurer or insurance group may provide information regarding corporate governance at the ultimate controlling parent level, an intermediate holding company level or the individual legal entity level, depending upon how the insurer or insurance group has structured its system of corporate governance. The insurer or insurance group is encouraged to make the CGAD disclosures at the level at which the insurer's or insurance group's risk appetite is determined, or at which the earnings, capital, liquidity, operations, and reputation of the insurer are overseen collectively and at which the supervision of those factors are coordinated and exercised, or the level at which legal liability for failure of general corporate governance duties would be placed. If the insurer or insurance group determines the level of reporting based on these criteria, it shall indicate which of the 3 criteria was used to determine the level of reporting and explain any subsequent changes in level of reporting. (e) The review of the CGAD and any additional requests for information shall be made through the lead state as determined by the procedures within the most recent Financial Analysis Handbook referenced in subsection (a) of this section. (f) Insurers providing information substantially similar to the information required by this chapter in other documents provided to the Commissioner, including proxy statements filed in conjunction with Form B requirements, or other state or federal filings provided to this Department shall not be required to duplicate that information in the CGAD, but shall only be required to cross reference the document in which the information is included.  81 Del. Laws, c. 119, § 1;
18 DE Code § 8505. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8505. Rules and regulations.

§ 8505. Rules and regulations. The Commissioner may, upon notice and an opportunity for all interested parties to be heard, issue such rules, regulations and orders as shall be necessary to carry out the provisions of this chapter. 81 Del. Laws, c. 119, § 1;
18 DE Code § 8506. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8506. Contents of corporate governance annual disclosure.

§ 8506. Contents of corporate governance annual disclosure. (a) The insurer or insurance group shall have discretion over the responses to the CGAD inquiries, provided the CGAD shall contain the material information necessary to permit the Commissioner to gain an understanding of the insurer's or group's corporate governance structure, policies and practices. The Commissioner may request additional information that he or she deems material and necessary to provide the Commissioner with a clear understanding of the corporate governance policies, the reporting or information system or controls implementing those policies. (b) Notwithstanding subsection (a) of this section above, the CGAD shall be prepared consistent with the Corporate Governance Annual Disclosure Model Regulation to be promulgated by the Commissioner. Documentation and supporting information shall be maintained and made available upon examination by or upon request of the Commissioner. 81 Del. Laws, c. 119, § 1;  70 Del. Laws, c. 186, §   1;
18 DE Code § 8508. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8508. NAIC and third-party consultants.

§ 8508. NAIC and third-party consultants. (a) The Commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants and other experts not otherwise a part of the Commissioner's staff as may be reasonably necessary to assist the Commissioner in reviewing the CGAD and related information or the insurer's compliance with this chapter. (b) Any persons retained under subsection (a) of this section shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity. (c) The NAIC and third-party consultants shall be subject to the same confidentiality standards and requirements as the Commissioner. (d) As part of the retention process, a third-party consultant shall verify to the Commissioner, with notice to the insurer, that it is free of a conflict of interest and that it has internal procedures in place to monitor compliance with a conflict and to comply with the confidentiality standards and requirements of this chapter. (e) A written agreement with the NAIC or a third-party consultant governing sharing and use of information provided pursuant to this chapter shall contain the following provisions and expressly require the written consent of the insurer prior to making public information provided under this chapter:  (1) Specific procedures and protocols for maintaining the confidentiality and security of CGAD-related information shared with the NAIC or a third-party consultant pursuant to this chapter; (2) Procedures and protocols for sharing by the NAIC only with other state regulators from states in which the insurance group has domiciled insurers. The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the CGAD-related documents, materials or other information and has verified in writing the legal authority to maintain confidentiality; (3) A provision specifying that ownership of the CGAD-related information shared with the NAIC or a third-party consultant remains with the Department and the NAIC's or third-party consultant's use of the information is subject to the direction of the Commissioner; (4) A provision that prohibits the NAIC or a third-party consultant from storing the information shared pursuant to this chapter in a permanent database after the underlying analysis is completed; (5) A provision requiring the NAIC or third-party consultant to provide prompt notice to the Commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's CGAD-related information; and (6) A requirement that the NAIC or a third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the NAIC or third-party consultant may be required to disclose confidential information about the insurer shared with the NAIC or third-party consultant pursuant to this chapter.81 Del. Laws, c. 119, § 1;
18 DE Code § 8509. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8509. Sanctions.

§ 8509. Sanctions. Any insurer failing, without just cause, to timely file the CGAD as required in this chapter shall be required, after notice and hearing, to pay a penalty of $500 for each day's delay, to be recovered by the Commissioner and the penalty so recovered shall be paid into the General Fund. The maximum penalty under this section is $25,000. The Commissioner may reduce the penalty if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer. 81 Del. Laws, c. 119, § 1;
18 DE Code § 8510. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8510. Severability clause.

§ 8510. Severability clause. If any provision of this chapter other than § 8507 of this title, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter, with the exception of § 8507 of this title, are severable. 81 Del. Laws, c. 119, § 1;
18 DE Code § 8511. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 85. Corporate Governance Annual Disclosure Act|§ 8511. Effective date.

§ 8511. Effective date. The requirements of this chapter shall become effective on January 1, 2018. The first filing of the CGAD shall be in 2018. 81 Del. Laws, c. 119, § 1;
18 DE Code § 8601. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 86. Insurance Data Security Act|§ 8601. Short title.

§ 8601. Short title. This chapter is known and may be cited as the “Insurance Data Security Act.”  82 Del. Laws, c. 176, § 1;
18 DE Code § 8602. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 86. Insurance Data Security Act|§ 8602. Purpose and intent.

§ 8602. Purpose and intent. (a) Notwithstanding any other provision of law, this chapter establishes the exclusive state standards for data security and the investigation of, and notification to, the Commissioner and consumers when a cybersecurity event involving a licensee under this title occurs. (b) This chapter may not be construed to create or imply a private cause of action for violation of its provisions, nor may it be construed to curtail a private cause of action which would otherwise exist in the absence of this chapter. 82 Del. Laws, c. 176, § 1;
18 DE Code § 8605. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 86. Insurance Data Security Act|§ 8605. Investigation of a cybersecurity event.

§ 8605. Investigation of a cybersecurity event. (a) If a licensee learns that a cybersecurity event has or may have occurred, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall conduct a prompt investigation. (b) During an investigation under this section, the licensee, or an outside vendor or service provider designated to act on behalf of the licensee, shall, at a minimum, do as much of the following as possible:  (1) Determine whether a cybersecurity event has occurred. (2) Assess the nature and scope of the cybersecurity event. (3) Identify the nonpublic information that may have been involved in the cybersecurity event. (4) Perform or oversee reasonable measures to restore the security of the information system compromised in the cybersecurity event to prevent further unauthorized acquisition, release, or use of nonpublic information that is in the licensee's possession, custody, or control. (c) If a licensee provides nonpublic information to a third-party service provider and learns that a cybersecurity event has or may have occurred in a system that the third-party service provider maintains, the licensee shall complete the steps listed in subsection (b) of this section or make reasonable efforts to confirm and document that the third-party service provider has completed the steps. (d) A licensee shall maintain records concerning a cybersecurity event for a period of at least 5 years from the date of the cybersecurity event and shall produce those records upon the Commissioner's demand. 82 Del. Laws, c. 176, § 1;
18 DE Code § 8607. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 86. Insurance Data Security Act|§ 8607. Power of Commissioner.

§ 8607. Power of Commissioner. (a) The Commissioner may examine and investigate the affairs of a licensee to determine whether the licensee has been or is engaged in any conduct in violation of this chapter. The Commissioner's power under this section is in addition to the powers the Commissioner has under § 318 of this title. An examination or investigation must be conducted under § 320 through § 322 of this title. (b) If the Commissioner has reason to believe that a licensee has been or is engaged in conduct in this State that violates this chapter, the Commissioner may take necessary or appropriate action to enforce the provisions of this chapter. 82 Del. Laws, c. 176, § 1;
18 DE Code § 8609. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 86. Insurance Data Security Act|§ 8609. Exceptions.

§ 8609. Exceptions. (a) The following exceptions apply to this chapter:  (1) A licensee with fewer than 15 employees is exempt from § 8604 of this chapter. (2) A licensee subject to the Health Insurance Portability and Accountability Act [P.L. 104-191, as amended] that has established and maintains an information security program under the statutes, rules, regulations, procedures, or guidelines established thereunder, is considered to meet the requirements of § 8604 of this title, if the licensee is compliant with, and submits a written statement certifying its compliance, the same. (3) A licensee's employee, agent, representative, or designee, who is also a licensee, is exempt from § 8604 of this title and is not required to develop the employee's, agent's, representative's, or designee's own information security program to the extent that the employee, agent, representative or designee is covered by the other licensee's information security program. (b) Nothing in this chapter creates a duty or liability for a provider of communication services for the transmission of voice, data, or other information over its network. (c) If a licensee ceases to qualify for an exception under this section, the licensee has 180 days to comply with this chapter. 82 Del. Laws, c. 176, § 1;
18 DE Code § 8610. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 86. Insurance Data Security Act|§ 8610. Penalties.

§ 8610. Penalties.  If a licensee violates this chapter, the licensee may be subject to penalties under § 329 of this title. 82 Del. Laws, c. 176, § 1;
18 DE Code § 8611. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 86. Insurance Data Security Act|§ 8611. Regulations.

§ 8611. Regulations. The Commissioner may, in accordance with § 311 of this title, promulgate regulations necessary to carry out the provisions of this chapter. 82 Del. Laws, c. 176, § 1;
18 DE Code § 8701. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 87. The Delaware Health Insurance Individual Market Stabilization Reinsurance Program|§ 8701. Definitions.

§ 8701. Definitions. As used in this chapter, unless the context clearly indicates a different meaning, the following words and phrases shall have the meaning ascribed to them in this section:  (1) “Affordable Care Act” means the Patient Protection and Affordable Care Act, 42 U.S.C. § 18001 et seq. (2) “Assessment” means any payment required to be made under § 8703 of this title.  (3) “Carrier” means any entity that provides health insurance in this State. For the purposes of this chapter, carrier includes an insurance company, health service corporation, health maintenance organization, managed care organization, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. (4) “Commission” and “DHCC” mean the Delaware Health Care Commission created pursuant to § 9902 of Title 16. (5) “Commissioner” means the Insurance Commissioner of the State of Delaware. (6) “Department” means the Delaware Department of Insurance. (7) “Individual health benefit plan” means any policy offered in the individual market that is subject to the single risk pool requirements of § 1312(c)(1) of the Affordable Care Act [42 U.S.C. § 18032(c)(1)].  (8) “Program” means the Delaware Health Insurance Individual Market Stabilization Reinsurance Program created by § 9903(g) of Title 16.82 Del. Laws, c. 61, § 2;  83 Del. Laws, c. 37, § 22;