reglab/housing_qa huggingface dataset:
18 DE Code § 2526. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2526. Interchange of rating plan data; consultation; cooperative action in rate making.

§ 2526. Interchange of rating plan data; consultation; cooperative action in rate making. (a) Reasonable rules and plans may be promulgated by the Commissioner for the interchange of data necessary for the application of rating plans. (b) In order to further uniform administration of rate regulatory laws, the Commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers and rating organizations in other states and may consult with them with respect to rate making and the application of rating systems. (c) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is authorized, but the filings resulting from such cooperation are subject to all provisions of this chapter which are applicable to filings generally. The Commissioner may review such cooperative activities and practices and, if after a hearing he or she finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he or she may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of such activity or practice. 18 Del. C. 1953, §  2526;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2527. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2527. Assigned risk plans.

§ 2527. Assigned risk plans. The Commissioner shall promulgate the necessary regulations to effect:  (1) An equitable apportionment among all the insurers writing automobile insurance in this State of insurance which shall be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods; (2) Reasonable rates for such insurance; and (3) Such other rules as are necessary to effect and maintain an assigned risk plan.18 Del. C. 1953, §  2527;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 195, §  1;
18 DE Code § 2528. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2528. False or misleading information.

§ 2528. False or misleading information. (a) No person shall wilfully withhold information from or knowingly give false or misleading information to:  (1) The Commissioner; (2) Any statistical agency designated by the Commissioner; (3) Any rating organization or insurer which affects rates or premiums chargeable under this chapter. (b) Violation of this section shall be subject to the penalties provided in § 106 of this title or in lieu thereof, in the Commissioner's discretion, an administrative fine of not over $2,000. 18 Del. C. 1953, §  2528;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 278, §  6;
18 DE Code § 2529. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2529. Fleet rates.

§ 2529. Fleet rates. Two or more insurers who, by virtue of their business associations in the United States, represent themselves to be or are customarily known as a “group” or similar insurance trade designation may make the same filings or use the same rates for each such insurer subject to the provisions of § 2503 of this title, and nothing contained in this chapter shall be construed to prohibit an agreement to make the same filings or use the same rates and concerted action in connection with such filings or rates by such insurers. This section shall not apply to 2 or more insurers who are not under the same common executive or general management or control and who act in concert in underwriting groups or pools. 18 Del. C. 1953, §  2529;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2530. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2530. Penalties.

§ 2530. Penalties. (a) The Commissioner may, if he or she finds that any person or organization has violated this chapter, impose a penalty of not more than $500 for each such violation, but if he or she finds such violation to be wilful, he or she may impose a penalty of not more than $1,000 for each such violation in addition to any other penalty provided by law. (b) The Commissioner may suspend the license of any rating organization or insurer which fails to comply with his or her order within the time limited by the order or any extension thereof granted by the Commissioner. The Commissioner shall not so suspend a license for failure to comply with an order until time prescribed for appeal therefrom has expired or, if appealed, until such order has been affirmed. The Commissioner may determine the period of a suspension, and it shall remain in effect for such period unless he or she modifies or rescinds the suspension or until the order upon which the suspension is based is modified, rescinded or reversed. (c) No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the Commissioner stating his or her findings, made after a hearing held upon not less than 10 days' written notice to such person or organization specifying the alleged violation. (d) Any party aggrieved by an order or decision of the Commissioner may, within 30 days after Commissioner's notice, make written request for hearing thereon pursuant to § 2507 of this title. 18 Del. C. 1953, §  2530;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 278, §  7;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2531. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2531. Appeals from Commissioner.

§ 2531. Appeals from Commissioner. Any order, decision or act of the Commissioner under this chapter is subject to judicial review upon petition of any person aggrieved. The appeal shall be to the Court of Chancery in any county of this State. A petition for review shall be filed within 60 days from notice of the order, decision or act. The commencement of the proceeding shall not affect enforcement or validity of the Commissioner's action unless the Court determines, after notice to the Commissioner, that a stay of enforcement until further direction of the Court will not unduly injure the interests of the public. Section 328(d)-(i) (appeal from the Commissioner) of this title shall apply to such appeals. 18 Del. C. 1953, §  2531;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2532. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2532. Certain increases in premiums to peace officers or emergency personnel prohibited.

§ 2532. Certain increases in premiums to peace officers or emergency personnel prohibited. No insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Delaware State Police, ambulance squad member, volunteer or paid, or firefighter, volunteer or paid, with respect to his or her operation of a private motor vehicle, increase the premium on such policy for the reason that the insured or applicant for insurance has been involved in an accident while responding to an emergency during his or her hours of duty in an authorized emergency vehicle as defined under § 4106(e) of Title 21. 64 Del. Laws, c. 80, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2533. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2533. Workers' compensation rates.

§ 2533. Workers' compensation rates. The rates and rating plans submitted under this chapter for workers' compensation shall provide for discounts on workers' compensation premiums for those Delaware employers who meet criteria as established by the Commissioner to promote and maintain safety in the workplace. The Commissioner shall promulgate a regulation which provides an inspection program to establish the eligibility of any employer for a safe workplace discount, the premium volume to qualify and the percent of discount available to employers. 67 Del. Laws, c. 63, §  1;
18 DE Code § 2534. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 25. Rates and Rating Organizations|§ 2534. Workers' compensation and employers' liability forms and policies.

§ 2534. Workers' compensation and employers' liability forms and policies. (a) Every insurer shall file with the Commissioner all forms, endorsements, contracts or policies proposed for use in Delaware in connection with workers' compensation or employers' liability insurance. (b) As part of rate or form filing, each insurer shall file its classification of risks and all rules governing applications of classification system, including rules or practices relating to payroll audits and collection of premiums. All scheduled rating and deviation schedules shall also be filed with the Commissioner. (c) Every rating system which provides deviations from normal premium rates shall be uniform in its application to all risks in the class for which the deviation is made. Deviations may remain in effect for a period of more than 1 year unless terminated by the Commissioner. 73 Del. Laws, c. 266, §  1;
18 DE Code § 2601. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2601. Scope of chapter.

§ 2601. Scope of chapter. This chapter applies to workers' compensation and related employer's liability insurance but shall not apply to reinsurance. 69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 172, §  10;
18 DE Code § 2603. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2603. Competitive market; hearing.

§ 2603. Competitive market; hearing. (a) A competitive market is presumed to exist unless the Commissioner, after a hearing, issues an order stating that a reasonable degree of competition does not exist in the market. Such order shall expire no later than 1 year after issue. (b) (1) In determining whether a reasonable degree of competition exists, the Commissioner shall consider the following factors:  a. The number of insurers actively engaged in providing coverage; b. Market shares and changes in market shares; c. Ease of entry; d. Market concentration as measured by the Herfindahl-Hirschman Index; e. Whether long-term profitability for insurers in the market is unreasonably high in relation to the risks being insured; f. Whether long-term profitability for insurers in the market is reasonable in relation to industries of comparable business risk; and g. Generally accepted and relevant tests relating to competitive market structure, market performance and market conduct. (2) The workers' compensation insurance market shall not be deemed noncompetitive if the market concentration of the 50 largest insurers satisfies the United States Department of Justice merger guidelines for an unconcentrated market. (c) All determinations by the Commissioner shall be made on the basis of findings of fact and conclusions of law. 69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 172, §  10;
18 DE Code § 2604. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2604. Ratemaking standards.

§ 2604. Ratemaking standards. (a) Rates shall not be excessive, inadequate or unfairly discriminatory. (1) Rates in a competitive market are not excessive. Rates in a noncompetitive market are excessive if they are likely to produce a long-run profit that is unreasonably high in relation to services rendered. (2) A rate shall not be deemed inadequate unless:  a. 1. It is clearly insufficient to sustain projected losses and expenses; and 2. The rate is unreasonably low, and the use of the rate by the insurer has had or, if continued, will tend to create a monopoly in the market; or b. Funds equal to the full, ultimate cost of anticipated losses and loss adjustment expenses are not produced when prospective loss costs are applied to anticipated payrolls. (3) Unfair discrimination exists if, after allowing for practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses. A rate is not unfairly discriminatory because different premiums result for policyholders with different loss exposures or expense levels. (b) In determining whether rates comply with standards under subsection (a) of this section, due consideration shall be given to:  (1) Past and prospective loss experiences within and outside this State, in accordance with accepted actuarial principles; (2) Catastrophe hazards and contingencies; (3) Past and prospective expenses, within and outside Delaware; (4) Loadings for leveling premium rates over time for dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers; (5) A reasonable margin for underwriting profit; and (6) All other relevant factors within and outside Delaware. (c) The systems of expense provisions included in the rates for use by an insurer or group of insurers may differ from those of any other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group of insurers. (d) The rates may contain provisions for contingencies and an allowance permitting a reasonable profit. In determining the reasonableness of a profit, consideration should be given to all investment income attributable to premiums and the reserves associated with those premiums. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2605. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2605. Review by Commissioner.

§ 2605. Review by Commissioner. The Commissioner may investigate and determine whether or not rates in this State are excessive, inadequate, or unfairly discriminatory. In any such investigation and determination, the Commissioner shall give due consideration to those factors specified in § 2604 of this title. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2606. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2606. Rules not to affect dividends.

§ 2606. Rules not to affect dividends. No advisory organization shall adopt any rule that would prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders is not considered a rating plan or system. It is an unfair trade practice to make the payment of a dividend or any portion thereof conditioned upon renewal of the policy or contract. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2608. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2608. Interchange of rating plan data; consultation; cooperative action in rate making.

§ 2608. Interchange of rating plan data; consultation; cooperative action in rate making. (a) Reasonable rules and plans may be promulgated by the Commissioner for the interchange of data necessary for the application of rating plans. (b) In order to further conform administration of rate regulatory laws, the Commissioner and every insurer and the advisory organization designated by the Commissioner may exchange information and experience data with insurance supervisory officials, insurers and advisory organizations in other states and may consult with them with respect to rate making and the application of rating systems. (c) Cooperation among advisory organizations or among advisory organizations and insurers in rate making or in other matters within the scope of this chapter is authorized, but the filings resulting from such cooperation are subject to all provisions of this chapter. The Commissioner may review such cooperative activities and practices and, if after a hearing any such activity or practice is found to violate the provisions of this chapter, a written order may be issued specifying that such activity or practice violates the provisions of this chapter and requiring the discontinuance of such activity. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2609. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2609. Rate filings.

§ 2609. Rate filings. (a) Each authorized insurer shall file with the Commissioner all rates, supplementary rate information and any changes and amendments made by it for use in this State as required in § 2610 of this title. An insurer may establish rates and supplementary rate information based upon the factors in § 2604 of this title. An insurer may adopt by reference, with or without deviation, the prospective loss costs filed by the advisory organization or the rates and supplementary rate information filed by another insurer. (b) An insurer may not make or issue a contract or policy of insurance under this chapter, except in accordance with the filings which are in effect for the insurer as provided in this chapter. (c) In addition to other prohibitions in this chapter, no advisory organization shall file rates, supplementary rate information or supporting information on behalf of an insurer. (d) A filing made pursuant to this section should provide for a reduction in premium based upon any savings realized by insurers as a result of workers' compensation cost containment measures implemented pursuant to legislation adopted by the General Assembly. 69 Del. Laws, c. 163, §  1;  76 Del. Laws, c. 1, §  3;
18 DE Code § 2611. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2611. Improper rates; hearing.

§ 2611. Improper rates; hearing. (a) If the Commissioner finds that a rate is not in compliance with § 2604 of this title, or that a rate had been set in violation of § 2616 of this title, the Commissioner shall order that its use be discontinued for any policy issued or renewed after the date of the order and the order may prospectively provide for premium adjustment of any such policy then in force. The order shall be issued within 30 days after the close of a hearing, if one is requested by the insurer, or within a reasonable time as fixed by the Commissioner. The order shall expire 1 year after its effective date unless rescinded earlier by the Commissioner. (b) If the Commissioner disapproves a rate under subsection (a) of this section, disapproval shall take effect not less than 15 days after its order and the last previous rate in effect for the insurer shall be reimposed for a period of 1 year unless the Commissioner approves a rate under subsection (d) or subsection (e) of this section. (c) All determinations made by the Commissioner under this section shall be in accordance with accepted actuarial standards on the basis of findings of fact and conclusions of law. (d) For a period of 1 year after the effective date of a disapproval order under subsection (a) of this section, no rate adopted to replace one disapproved under such order may be used until it has been filed with the Commissioner and approved within 30 days thereafter. (e) Whenever an insurer has no legally effective rates pursuant to subsection (a) of this section, the Commissioner shall, on the insurer's request, specify interim rates for the insurer that are adequate to protect the interests of all parties. The Commissioner may order that a specified portion of the premiums be placed in a special reserve established by the insurer. When new rates become legally effective, the Commissioner shall order the reserved funds or any overcharge in the interim rates to be distributed appropriately, except that minimal adjustments may not be required. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2612. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2612. Restrictions on certain insurers; waiting period.

§ 2612. Restrictions on certain insurers; waiting period. (a) The Commissioner may require that a particular insurer file any or all of its rates and supplementary rate information 30 days prior to their effective date, if the Commissioner finds after a hearing that the protection of the interests of the insurer's insureds and the public in this State requires closer supervision of its rates. (b) Upon written application by an insurer, the Commissioner may authorize a filing, which the Commissioner has reviewed, to become effective before the expiration of the period described in subsection (a) of this section. (c) The filing shall be approved or disapproved during the waiting period and if not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of this section. (d) Any insurer affected by the Commissioner's actions under this section may request a rehearing by the Commissioner after the expiration of 12 months from the date of the Commissioner's former order. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2613. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2613. Delay of rates in noncompetitive market.

§ 2613. Delay of rates in noncompetitive market. (a) A 30-day waiting period may be implemented or extended under the following circumstances:  (1) After finding that the market is not competitive, under § 2603 of this title, the Commissioner may adopt a rule requiring that any subsequent changes in rates or supplementary information be filed with the Commissioner at least 30 days before they become effective. (2) The Commissioner may extend the waiting period under this section for a period not exceeding 30 additional days by written notice to the filer before the first 30-day period expires. (3) Upon written application by an insurer or advisory organization, the Commissioner may authorize a filing, which the Commissioner has reviewed, to become effective before the expiration of the period described in paragraph (a)(1) or (2) of this section. (4) The filing shall be approved or disapproved during the waiting period and if not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of this section. (b) If a rule is adopted under subsection (a) of this section, the Commissioner may require the filing of supporting data as to classes of risks or combinations thereof as the Commissioner deems necessary for the proper functioning of the rate monitoring and regulating process. The supporting data shall include:  (1) The experience and judgment of the filer and, to the extent the filer wishes or the Commissioner requires, the experience and judgment of other insurers or the advisory organization; (2) The filer's interpretation of any statistical data relied upon; (3) A description of the actuarial and statistical methods employed in setting the rate; and (4) Any other relevant matters required by the Commissioner. (c) A rule adopted under this section shall expire not more than 1 year after issue. The Commissioner may renew it after hearings and appropriate findings under this section. (d) Whenever a filing is not accompanied by the information as the Commissioner has required under subsection (b) of this section, the Commissioner shall so inform the insurer within 10 days of the initial filing. The filing shall be deemed to be made when the required information is furnished. 69 Del. Laws, c. 163, §  1;