reglab/housing_qa huggingface dataset:
18 DE Code § 508. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 508. Ownership; management.

§ 508. Ownership; management. (a) No foreign insurer which is directly or indirectly owned or controlled in whole or substantial part by any government or governmental agency shall be authorized to transact insurance in Delaware. Membership in a mutual insurer or subscribership in a reciprocal insurer or ownership of stock of an insurer by the alien property custodian or similar official of the United States or ownership of stock or other security which does not have voting rights with respect to the management of the insurer or supervision of an insurer by public authority shall not be deemed to be an ownership or control of the insurer for the purposes of this provision. (b) The Commissioner shall not grant or continue authority to transact insurance in this State as to any insurer or proposed insurer the management of which is found by the commissioner after investigation or upon reliable information to be incompetent or dishonest or untrustworthy or of unfavorable business repute or so lacking in insurance company managerial experience in operations of the kind proposed in this State as to make such operation, currently or prospectively, hazardous to or contrary to the best interests of, the insurance-buying or investing public of this State, or which the commissioner has good reason to believe is affiliated directly or indirectly through ownership, control, reinsurance transactions or other business relations with any person or persons of unfavorable business repute or whose business operations are or have been marked, to the injury of insurers, stockholders, policyholders, creditors, or the public, by illegality, or by manipulation of assets or of accounts or of reinsurance or by bad faith. 18 Del. C. 1953, §  508;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 509. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 509. Name of insurer.

§ 509. Name of insurer. (a) No insurer shall be formed or authorized to transact insurance in this State which has or uses a name which is the same as or deceptively similar to that of another insurer already so authorized without the written consent of such other insurer. (b) No life insurer shall be so authorized which has or uses a name deceptively similar to that of another insurer authorized to transact insurance in this State within the preceding 10 years if life insurance policies originally issued by such other insurer are still outstanding in this State. (c) No insurer shall be formed or authorized to transact insurance which has or uses a name the same as or deceptively similar to that of any foreign insurer not so authorized if such foreign insurer has within the next preceding 12 months signified its intention to secure an incorporation in this State under such name or to do business as a foreign insurer in this State under such name by filing notice of such intention with the Commissioner, unless the written consent to the use of such name or deceptively similar name has been given by such foreign insurer. (d) No foreign insurer seeking admission to this State shall be authorized to transact insurance which has or uses a name the same as or deceptively similar to that of a domestic corporation which has been incorporated as an insurer but has not yet secured a certificate of authority until an expiration of 3 years from date of incorporation of such domestic corporation and of filing with the Commissioner a written notice of intent to use such name. (e) No insurer shall be so authorized which has or uses a name which tends to deceive or mislead as to the type of organization of the insurer. (f) In case of conflict of names between 2 insurers or a conflict otherwise prohibited under this section, the Commissioner may permit (or shall require as a condition to the issuance of an original certificate of authority to an applicant insurer) the insurer to use in this State such supplementation or modification of its name or such business name as may reasonably be necessary to avoid the conflict. (g) Except as provided in subsection (f) above, an insurer shall conduct its business in this State in its own corporate (if incorporated) or proper (if reciprocal insurer) name. 18 Del. C. 1953, §  509;  56 Del. Laws, c. 380, §  1;
18 DE Code § 510. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 510. Combinations of insuring powers.

§ 510. Combinations of insuring powers. (a) A reciprocal insurer shall not be a life insurer. (b) A title insurer shall be a stock insurer and shall not transact any other kind of insurance. This provision shall not prohibit acceptance of reinsurance of title insurance risks by insurers not otherwise authorized to transact title insurance. 18 Del. C. 1953, §  510;  56 Del. Laws, c. 380, §  1;
18 DE Code § 512. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 512. Insuring combinations without additional capital funds.

§ 512. Insuring combinations without additional capital funds. Without additional capital or additional surplus, an authorized insurer is also authorized:  (1) If a life insurer, to grant annuities or issue funding agreements; (2) If a health insurer, to insure against congenital defects, as defined in § 906(a)(12) of this title; (3) If a casualty insurer, to transact also health insurance. Except, that this provision shall not apply to a domestic insurer authorized to transact casualty insurance pursuant to § 511(a)(1) of this title.18 Del. C. 1953, §  512;  56 Del. Laws, c. 380, §  1;  80 Del. Laws, c. 268, § 1;
18 DE Code § 514. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 514. Deposit requirements — Alien insurers.

§ 514. Deposit requirements — Alien insurers. The Commissioner shall not authorize an alien insurer to transact insurance in this State unless it makes and thereafter continuously maintains on deposit in this State through the Commissioner, or in another state, a surplus of assets in cash or securities eligible for such deposit under the laws of this State or such other state of a value not less than the combined capital and surplus initially required of a like foreign insurer transacting like kinds of insurance in this State. The deposit shall be held in trust for the benefit and security of all the insurer's policyholders and creditors in the United States or of all the insurer's policyholders in the United States. 18 Del. C. 1953, §  514;  56 Del. Laws, c. 380, §  1;
18 DE Code § 516. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 516. Issuance, refusal of authority; ownership of certificate.

§ 516. Issuance, refusal of authority; ownership of certificate. (a) If upon completion of its application the Commissioner finds that the insurer has met the requirements therefor under this title, the Commissioner shall issue to the insurer a proper certificate of authority; if he or she does not so find, the Commissioner shall issue his or her order refusing such certificate. The Commissioner shall act upon an application for certificate of authority within a reasonable period after its completion. (b) The Commissioner shall issue certificates of authority under his or her seal of office, showing the date of actual issuance, the kinds of insurance the insurer is authorized to transact in this State, and such other matters as the Commissioner deems necessary. At the insurer's request, the Commissioner may issue a certificate of authority limited to particular types of insurance or coverages within a kind of insurance as defined in Chapter 9 of this title. (c) Although issued and delivered to the insurer, the certificate of authority at all times shall be the property of the State. Upon any expiration, suspension or termination thereof the insurer shall promptly deliver the certificate to the Commissioner. 18 Del. C. 1953, §  516;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 517. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 517. Authority conferred; surety insurers; certificate as evidence.

§ 517. Authority conferred; surety insurers; certificate as evidence. (a) The certificate of authority confers upon the insurer authority to transact in this State only the kind or kinds of insurance therein specified. No surety insurer shall be deemed thereby to possess power to act in capacity of executor, administrator, guardian, trustee, receiver, assignee, or agent, or in any other capacity than that of surety, notwithstanding contrary provisions in its charter. (b) An insurer's valid and subsisting certificate of authority shall be prima facie evidence of its right to transact in this State the kind or kinds of insurance specified therein. 18 Del. C. 1953, §  517;  56 Del. Laws, c. 380, §  1;
18 DE Code § 518. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 518. Continuance, expiration, reinstatement of certificate of authority.

§ 518. Continuance, expiration, reinstatement of certificate of authority. (a) A certificate of authority shall continue in force as long as the insurer is entitled thereto under this title, and until suspended or revoked by the Commissioner or terminated at the insurer's request; subject, however, to continuance of the certificate by the insurer each year by:  (1) Payment on or before March 1 of the continuation fee provided in § 701 (fee schedule) of this title; (2) Due filing by the insurer of its annual statement for the next preceding calendar year as required by § 526 of this title; and (3) Payment by the insurer of premium taxes with respect to the preceding calendar year. (b) If not so continued by the insurer, its certificate of authority shall expire as of midnight on the May 31 next following such failure of the insurer to continue it in force, unless earlier revoked for failure to pay taxes as provided in § 519 of this title. The Commissioner shall promptly notify the insurer of the occurrence of any failure resulting in impending expiration of its certificate of authority. (c) The Commissioner may, in his or her discretion, upon the insurer's request made within 3 months after expiration, reinstate a certificate of authority which the insurer has inadvertently permitted to expire after the insurer has fully cured all its failures which resulted in the expiration, and upon payment by the insurer of the fee for reinstatement specified in § 701(1) (fee schedule) of this title. Otherwise the insurer shall be granted another certificate of authority only after filing application therefor and meeting all other requirements as for an original certificate of authority in this State. 18 Del. C. 1953, §  518;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 519. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 519. Suspension or revocation of certificate of authority — Mandatory grounds.

§ 519. Suspension or revocation of certificate of authority — Mandatory grounds. (a) The Commissioner shall refuse to continue or shall suspend or revoke an insurer's certificate of authority:  (1) If such action is required by any provision of this title; (2) If a foreign insurer and it no longer meets the requirements for a certificate of authority, on account of deficiency of assets or otherwise; (3) If a domestic insurer and it has failed to cure an impairment of capital or surplus within the time allowed therefor by the Commissioner under this title, or is otherwise no longer qualified for the certificate of authority; (4) If the insurer's certificate of authority to transact insurance therein is suspended or revoked by its state of domicile, or state of entry into the United States (if an alien insurer); or (5) For failure of the insurer to pay taxes on its premiums as required by the laws of this State. (b) Except in case of insolvency or impairment of required capital or surplus, or suspension or revocation by another state as referred to in paragraph (a)(4) of this section above, the Commissioner shall give the insurer at least 10 days notice in advance of any such refusal, suspension or revocation under this section, and of the particulars of the reasons therefor. If the insurer requests a hearing thereon within such 10 days, such request shall automatically stay the Commissioner's proposed action until his or her order is made on such hearing. 18 Del. C. 1953, §  519;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 521. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 521. Order and notice of suspension, revocation; effect upon agents' authority.

§ 521. Order and notice of suspension, revocation; effect upon agents' authority. (a) All suspensions or revocations of or refusals to continue an insurer's certificate of authority shall be, by the Commissioner's order, given to the insurer. (b) Upon issuance of the order, the Commissioner shall forthwith give notice thereof to the insurer's agents in this State of record in the Department, and shall likewise suspend or revoke the authority of such agents to represent the insurer. 18 Del. C. 1953, §  521;  56 Del. Laws, c. 380, §  1;
18 DE Code § 522. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 522. Duration of suspension; insurer's obligations during suspension period; reinstatement.

§ 522. Duration of suspension; insurer's obligations during suspension period; reinstatement. (a) Suspension of an insurer's certificate of authority shall be for such period as the Commissioner specifies in the order of suspension, but not to exceed 1 year. During the suspension period the Commissioner may rescind or shorten the suspension by his or her further order. (b) During the suspension period the insurer shall not solicit or write any new business in this State, but shall file its annual statement, pay fees, licenses and taxes as required under this title, and may service its business already in force in this State, as if the certificate of authority had continued in full force. (c) Upon expiration of the suspension period, if within such period the certificate of authority has not terminated, the insurer's certificate of authority shall automatically reinstate, unless the Commissioner finds that the causes of the suspension, being other than a past event, are continuing, or that the insurer is otherwise not in compliance with the requirements of this title, and of which the Commissioner shall give the insurer notice not less than 30 days in advance of expiration of the suspension period. If not so automatically reinstated, the certificate of authority shall be deemed to have terminated as of the end of the suspension period. (d) Upon reinstatement of the insurer's certificate of authority, the authority of its agents in this State to represent the insurer shall likewise reinstate. The Commissioner shall promptly notify the insurer and its agents in this State, of record in the Department, of such reinstatement. 18 Del. C. 1953, §  522;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 523. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 523. General corporation laws inapplicable to foreign insurers.

§ 523. General corporation laws inapplicable to foreign insurers. The general corporation laws of this State as contained in Title 8 of the Delaware Code shall not apply as to foreign insurers holding certificates of authority to transact insurance in this State. 18 Del. C. 1953, §  523;  56 Del. Laws, c. 380, §  1;
18 DE Code § 524. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 524. Commissioner as process agent for certain insurers.

§ 524. Commissioner as process agent for certain insurers. (a) Before the Commissioner shall authorize it to transact insurance in this State, each insurer shall appoint the Commissioner, and his or her successors in office, as its attorney to receive service of legal process issued against the insurer in this State. The appointment shall be made on a form as designated and furnished by the Commissioner, and shall be accompanied by a copy of a resolution of the board of directors or like governing body of the insurer, if an incorporated insurer, showing that those officers who executed the appointment were duly authorized to do so on behalf of the insurer. (b) The appointment shall be irrevocable, shall bind the insurer and any successor in interest or to the assets or liabilities of the insurer, and shall remain in effect as long as there is in force any contract of the insurer in this State or any obligation of the insurer arising out of its transactions in this State. (c) Service of such process against a foreign or alien insurer shall be made only by service thereof upon the Commissioner. (d) Service of such process against a domestic insurer may be made as provided hereunder, or in any other manner provided by law. (e) At the time of application for a certificate of authority the insurer shall file the appointment with the Commissioner, together with designation of the person to whom process against it served upon the Commissioner is to be forwarded. The insurer may change such designation by a new filing. 18 Del. C. 1953, §  524;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 525. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 525. Serving process.

§ 525. Serving process. (a) Service of process against an insurer for whom the Commissioner is attorney shall be made by delivering to and leaving with the Commissioner, his or her deputy, or a person in apparent charge of the Commissioner's office during the Commissioner's absence, 2 copies of the process, together with fee prescribed in § 701 of this title. (b) Upon such service the Commissioner shall forthwith mail by certified mail 1 of the copies of such process to the person currently designated by the insurer to receive the same as provided in § 524(e) of this title. Service of such process shall not be complete until 3 days after the same has been so mailed. (c) Service of process in the manner provided by this section shall for all purposes constitute valid and binding personal service upon the insurer within this State. (d) The Commissioner shall keep a record of the day of service upon him or her of all legal process. 18 Del. C. 1953, §  525;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 90, §  1;
18 DE Code § 527, 528. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 527, 528. Resident agent, countersignature law; exceptions to resident agent, countersignature law.

§ 527, 528. Resident agent, countersignature law; exceptions to resident agent, countersignature law. Repealed by 70 Del. Laws, c. 376, §§ 1, 2, effective June 21, 1996.
18 DE Code § 529. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 529. Cancellation of insurance agency contracts; arbitration.

§ 529. Cancellation of insurance agency contracts; arbitration. (a) Every insurance company shall notify the Insurance Commissioner or the Commissioner's successor and the agency involved of the intent to cancel any written or verbal agency contract, except life insurance contracts, 30 days prior to issuance of the notice of cancellation. (b) No insurance company may cancel an agency without giving 12 months notice, except where fraud exists or where an agency is more than 60 days in arrears of money owed to the insurance company in question. This notice shall be in writing and, upon the option of the company, may prohibit the agency from writing any new business for this particular company, but will allow the agency to renew all existing business in this 12-month period and will allow the agency to have binding authority to make endorsements or other changes to existing business and will provide for the same rate of commission for the 12-month period. (c) The Insurance Commissioner shall appoint an arbitration board to arbitrate the cancellation of agency contracts. This board shall consist of 3 arbitrators, 1 of whom shall be from the Insurance Department, and 2 of whom shall be from the insurance industry. (d) The purpose of this board is to determine whether an agency cancellation will adversely affect the public interest. If such a determination is made, the board shall prescribe a method of cancellation to be followed by both parties. The decision of the board of arbitration shall be binding upon the company and agency involved. (e) (1) This subsection shall not apply in an instance where such company:  a. Employs an agent directly; or b. Has an exclusive business arrangement with an agent. (2) Notwithstanding any other provision of this section, a company may not cancel the contract of an independent agent for property and casualty insurance solely because of adverse underwriting experience in the line of private passenger insurance to the extent losses incurred by the insurer were not the fault of the insured. (3) This subsection does not apply to adverse underwriting experience on losses incurred by the company on:  a. Bodily injury coverage; b. Property damage coverage; c. Collision coverage; or d. To the extent that the losses incurred by the insurer were the fault of the insured, personal injury protection coverage and comprehensive coverage.18 Del. C. 1953, §  529;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 184;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 161, §  1;
18 DE Code § 530. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 530. Emergency requirements.

§ 530. Emergency requirements. Whenever in the Commissioner's opinion a public emergency exists by reason of an abnormal disruption of economic and financial processes which affects the conduct of the business of insurance in a normal and ordinary manner, the Commissioner, with the concurrence of the Governor and the General Assembly, may declare the existence of a public emergency. During such emergency the Commissioner may make, alter, amend, revise and rescind rules and regulations, imposing any condition upon the conduct of the business of any insurer which may be necessary or desirable to maintain sound methods of insurance and to safeguard the interests of policyholders, beneficiaries and the public generally during the period of such emergency, which rules and regulations shall become inoperative when such emergency ceases, and an order to that effect shall be made by the Commissioner. 18 Del. C. 1953, §  530;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 533. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 533. Immunity from liability for reporting fraudulent practices.

§ 533. Immunity from liability for reporting fraudulent practices. Repealed by 69 Del. Laws, c. 463, § 3, effective July 22, 1994.