reglab/housing_qa huggingface dataset:
18 DE Code § 1713. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1713. Conservation of insurance business.

§ 1713. Conservation of insurance business. (a) If the Commissioner finds that the business of any licensee in this State has become financially impaired or insolvent, or has been abandoned by the licensee, or has been conducted in such a manner as to require or justify revocation of the licenses of that licensee, and if the Commissioner further finds that the conservation and administration of the business of the licensee would be in the public interest, he or she shall file in the Court of Chancery in the county in which the insurance business is located a petition for the appointment of the Commissioner as conservator or receiver of such licensee's business except by leave of the Court. (b) The petition shall be verified by the Commissioner and shall set forth the facts and circumstances from which the existence of 1 or more of the grounds required under subsection (a) of this section may be determined; such petition may request that the licensee be required to show cause why the petition should not be granted. (c) A copy of the petition and of the order to show cause, if they are issued, shall be served upon the licensee in the same manner as provided by law of this State for service of other legal process. (d) Upon the filing of a petition and pending a hearing upon the order to show cause, the Court may, upon good cause shown and without notice to the other party, appoint the Commissioner as temporary conservator or receiver of the licensee's business. (e) The Commissioner shall, as conservator or receiver, be authorized and empowered to conduct and administer the affairs of the licensee's business in order to expeditiously terminate such business and, to the extent reasonably possible, to provide services and an accounting for funds to all persons previously insured and to insurers who have previously been doing business through such licensee. Subject to the Court's order, the Commissioner shall have the power to collect funds owed to the licensee on account of insurance business transacted by him or her, and to account for and make payment of those funds to such persons as are entitled to them. (f) The Commissioner may delegate the actual conduct and administration of the business of the licensee and no charges for services so rendered shall be made against the funds or assets of the licensee business except by leave of the Court. (g) Except as expressly herein provided, receivership or conservatorship shall be subject to the applicable laws of this State and to the order of any court of competent jurisdiction. 18 Del. C. 1953, §  1746;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 577, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 12;
18 DE Code § 1714. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1714. Commissions.

§ 1714. Commissions. (a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this State if that person is required to be licensed under this chapter and is not so licensed. (b) A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this State if that person is required to be licensed under this chapter and is not so licensed. (c) Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this State if the person was required to be licensed under this chapter at the time of the sale, solicitation or negotiation and was so licensed at that time. (d) An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this State, unless the payment would violate §§ 2303 and 2304 of this title. (e) No producer acting as a consultant may accept any fee, commission or other consideration from an insurer for any activity for which the producer acting as a consultant has received or will receive a fee from the producer's client. (f) An insurer or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this State if that person is required to be licensed under this chapter and is not so licensed. Nothing in this section allows an insurer to pay commissions to a nonappointed insurance producer when an appointment is otherwise required. (g) An unlicensed person who refers a customer or potential customer to an insurer or insurance producer and who does not discuss specific terms and conditions of a policy or give opinions or advice regarding insurance may be compensated for the referral, if the compensation:  (1) For each referral is:  a. Nominal; b. On a 1-time basis; and c. Fixed in amount by referral; (2) Does not depend on whether the customer or potential customer purchases the insurance; and (3) Is not contingent on the volume of insurance transacted. The restrictions set forth in this provision shall not apply to commercial lines. Referral fees for commercial lines shall still be subject to subsection (d) of this section. 18 Del. C. 1953, §  1737;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 577, §  1;  65 Del. Laws, c. 142, §§  22, 23;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 13;
18 DE Code § 1715. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1715. Appointments.

§ 1715. Appointments. (a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. (b) To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the Insurance Commissioner, a notice of appointment within 15 days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request. The group appointment provision of this section is only applicable upon implementation by this Department of an electronic appointment process. (c) Upon receipt of the notice of appointment, the Insurance Commissioner shall verify within a reasonable time not to exceed 30 days that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the Insurance Commissioner shall notify the insurer within 5 days of its determination. (d) An insurer shall pay an appointment fee, in the amount and method of payment set forth in Chapter 7 of this title, for each insurance producer appointed by the insurer. 59 Del. Laws, c. 577, §  1;  65 Del. Laws, c. 142, §§  7, 8;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;
18 DE Code § 1717. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1717. Reciprocity.

§ 1717. Reciprocity. (a) The Insurance Commissioner shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except the requirements imposed by § 1708 of this title, if the applicant's home state awards nonresident licenses to residents of this State on the same basis. (b) A nonresident licensee's satisfaction of that licensee's home state's continuing education requirements for licensed insurance producers, adjusters or appraisers, as applicable, shall constitute satisfaction of this State's continuing education requirements if the nonresident licensee's home state recognizes the satisfaction of its continuing education requirements imposed upon licensees from this State on the same basis. Nonresident adjusters whose home states (including designated home states) do not have continuing education requirements for adjusters shall be required to satisfy this State's continuing education requirements. (c) No resident of Canada shall be granted reciprocity for purposes of obtaining a nonresident's adjuster license unless that individual has designated another state as his or her home state or obtained a resident adjuster's license in another state. 73 Del. Laws, c. 80, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 359, §  4;  80 Del. Laws, c. 215, § 14;
18 DE Code § 1718. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1718. Additional or continuing education.

§ 1718. Additional or continuing education. In addition to meeting the standards prescribed in other sections of this chapter for the issuance of a license, the Commissioner may promulgate regulations and/or prerequisites which will establish reasonable standards and criteria for requiring additional or continuing education of licensees, in order to ensure the maintenance or improvement of a licensee's insurance skills and knowledge. Failure to provide proof of meeting continuing education requirements shall result in the automatic lapse of such licensee's license in accordance with §  1707(f) of this title and may result in the imposition of monetary penalties in accordance with §§  1707(g) and 1712(d) of this title. 59 Del. Laws, c. 577, §  1;  64 Del. Laws, c. 230, §  2;  66 Del. Laws, c. 4, §  3;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 15;
18 DE Code § 1719. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1719. Reporting of actions.

§ 1719. Reporting of actions. (a) A licensee shall report to the Insurance Commissioner any administrative action taken against the licensee in another jurisdiction or by another governmental agency in this State within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents. (b) Within 30 days of the initial pretrial hearing date, a licensee shall report to the Insurance Commissioner any criminal prosecution of the licensee taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents. 66 Del. Laws, c. 16, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 16;
18 DE Code § 1720. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1720. Regulations.

§ 1720. Regulations. The Insurance Commissioner may promulgate reasonable regulations as are necessary or proper to carry out the purposes of this chapter. 59 Del. Laws, c. 577, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;
18 DE Code § 1721. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1721. Enforcement after license lapses or is surrendered.

§ 1721. Enforcement after license lapses or is surrendered. The Commissioner shall retain authority to enforce the provisions of, and impose any penalty or remedy authorized by, this chapter and title against any person who is under investigation for, or charged with, a violation of this chapter and title even if, while the investigation or charges are pending, such person's license or registration is surrendered or lapses by operation of law. 70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;
18 DE Code § 1723. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1723. Severability.

§ 1723. Severability. If any provisions of this chapter, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected. 73 Del. Laws, c. 80, §  1;  79 Del. Laws, c. 102, §  6;  80 Del. Laws, c. 215, § 17;
18 DE Code § 1724. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17. Licensing of Professional Insurance Personnel|§ 1724. Effective date.

§ 1724. Effective date. This chapter shall take effect March 1, 2002. 73 Del. Laws, c. 80, §  1;  79 Del. Laws, c. 102, §  6;  80 Del. Laws, c. 215, § 17;
18 DE Code § 1750. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17A. Licensing of Public Adjusters|§ 1750. Definitions.

§ 1750. Definitions. For the purposes of §§ 1750-1761 of this title, the following terms have the meanings indicated. (1) “Adjuster” means an adjuster as defined in § 1702(a) of this title. (2) “License” means a license issued by the Commissioner to act as a public insurance adjuster. (3) “Licensee” means any person licensed in the State to do business as a public insurance adjuster. (4) “Public adjuster” shall include any person who, for compensation or any other thing of value:  a. Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured individual in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract; b. Advertises for employment as an adjuster of insurance claims or solicits business or represents oneself to the public as an adjuster of first party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or c. Directly or indirectly solicits business, investigates or adjusts losses or advises an insured about first-party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy.74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 1751. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17A. Licensing of Public Adjusters|§ 1751. License requirement.

§ 1751. License requirement. (a) No person shall, directly or indirectly, act as a public adjuster without first procuring a license from the Commissioner to act as a public insurance adjuster. (b) The Commissioner shall issue a license to an applicant for a public adjuster's license who:  (1) Has paid the applicable fee, which shall be the same as that for an adjuster's license; (2) Passes a written examination for which a fee may be charged, in accordance with regulations issued pursuant to this chapter; and (3) Has sufficient experience, training, and instruction concerning the adjusting of first party claims for damages or losses under insurance contracts that insure the real or personal property of the insured, as determined by the Commissioner in accordance with regulations issued pursuant to this chapter. (c) The Commissioner may issue a license to any applicant without an examination if:  (1) The applicant holds a like license in good standing from another state and the public official having supervision of public insurance adjusters in the other state certifies that the applicant has passed a written examination; and (2) The other state recognizes public insurance adjusters with public insurance adjuster licenses issued by the State of Delaware for the purpose of licensing the applicant without the requirement of an examination. (d) A license issued pursuant to this section shall continue in force provided the licensee has completed continuing education requirements as established for adjusters and paid renewal fees as established for adjusters under this title, unless suspended, revoked or otherwise terminated prior thereto. Requests for renewal of the license shall be made to the Commissioner and accompanied by the license fee as established under Title 18. 74 Del. Laws, c. 178, §  1;
18 DE Code § 1752. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17A. Licensing of Public Adjusters|§ 1752. Bond requirement.

§ 1752. Bond requirement. (a) At the time of the application for license as a public adjuster, the applicant shall file with the Commissioner a bond executed and issued by a surety insurer authorized to transact business in the State in the amount of $20,000, which bond shall serve the faithful performance of his or her duties as a public insurance adjuster. A public adjuster license shall automatically terminate when the bond is not in force. (b) The bond shall have the following characteristics:  (1) The bond shall be in favor of the State and shall specifically authorize recovery by the Commissioner of the damages sustained if the licensee is convicted of fraud or unfair practices in connection with the licensee's business as a public adjuster. (2) The aggregate liability of the surety for all damages shall not exceed the amount of the bond. (3) The bond shall not be terminated unless at least 30 days written notice is given to the licensee and filed with the Commissioner.74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 1753. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17A. Licensing of Public Adjusters|§ 1753. Ownership of other entities.

§ 1753. Ownership of other entities. (a) An applicant for a public adjuster's license shall disclose to the Commissioner the full name and residence of each person who directly or indirectly owns or controls the licensee, or holds with power to vote or holds proxies with the power to vote, 10 percent or more of the voting securities of the licensee. (b) The Commissioner may deny an application or suspend or revoke the license of a public adjuster if any person who directly or indirectly owns or controls the licensee, or holds with power to vote or holds proxies with the power to vote, 10 percent or more of the voting securities of the licensee does not meet the qualifications for licensure under this chapter. (c) Every applicant for an initial or renewal public adjuster's license shall file with the Commissioner a list of the full names of all employees who are authorized to negotiate claims settlements. 74 Del. Laws, c. 178, §  1;
18 DE Code § 1754. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17A. Licensing of Public Adjusters|§ 1754. Maintenance of records.

§ 1754. Maintenance of records. (a) A public adjuster shall maintain a complete record of each transaction as a public insurance adjuster. The records required by this section shall include at least the:  (1) Name of the insured; (2) Date, location and amount of the loss; (3) Copy of the contract between the public insurance adjuster and insured; (4) Name of the insurer, amount, expiration date and number of each policy carried with respect to the loss; (5) Itemized statement of the insured's recoveries; and (6) Itemized statement of all compensation received by the public insurance adjuster, from any source whatsoever, in connection with a particular claim. (b) Records shall be maintained for at least 5 years after the termination of the transaction with an insured and shall be open to examination by the Commissioner at all times. (c) Records submitted in accordance with this section that contain proprietary information, identified in writing as such by the public insurance adjuster shall be treated as confidential by the Commissioner. 74 Del. Laws, c. 178, §  1;
18 DE Code § 1755. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17A. Licensing of Public Adjusters|§ 1755. License denial, suspension, revocation and refusal to renew; civil penalties.

§ 1755. License denial, suspension, revocation and refusal to renew; civil penalties. (a) The Commissioner may deny a license to an applicant or suspend, revoke or refuse to renew a license if the applicant or licensee:  (1) Violates the provisions of this chapter and any provision of the Delaware Unfair Trade Practices Law [Chapter 25 of Title 6] or the Delaware Unfair Claims Settlement Practices Law [Chapter 23 of this title] or any standard of conduct prescribed by the Commissioner in regulations; (2) Makes a material misstatement in the application for the license; (3) Engages in fraudulent or dishonest practices; (4) Demonstrates incompetence or untrustworthiness to act as a public insurance adjuster; or (5) Fails to complete continuing education requirements. (b) Upon a finding by the Commissioner of a violation of subsection (a) of this section, the Commissioner may impose a civil penalty not to exceed $1,000 for each violation. (c) This chapter shall not be applied or interpreted to bar a borrower from bringing an action pursuant to any Delaware or federal law for damages, injunctive relief or any other relief. 74 Del. Laws, c. 178, §  1;
18 DE Code § 1756. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 17A. Licensing of Public Adjusters|§ 1756. Contracts and solicitation of contracts.

§ 1756. Contracts and solicitation of contracts. (a) No licensee shall, directly or indirectly, act within the State as a public adjuster without having first entered into a contract, in writing, on a form approved by the Commissioner and executed in duplicate by the public insurance adjuster and the insured or a duly authorized representative. One copy of the contract shall be kept on file by the licensee and be available at all times for inspection without notice by the Commissioner. (b) (1) An insured who contracts for the services of a public adjuster shall have the right to cancel the contract until midnight on the third business day after the day on which the insured signs the contract. Contracts that do not substantially conform to the requirements contained in this section shall be void. Cancellation of the contract shall be effective when mailed if the following conditions are met:  a. The cancellation shall be in writing, but need not take a particular form, and shall be sufficient if it indicates the intent of the person not to go forward with the representation. b. The right to cancel shall be contained in the approved contract in a format designated by the Commissioner. (2) The right of rescission contained in this subsection shall be in addition to, and not in limitation of, any other rights of the insured. (3) In a commercial loss, if a contract is cancelled in accordance with this subsection, the public adjuster shall be entitled to reasonable compensation for actual services rendered and costs incurred between the time the contract was entered into and the time it was cancelled. (c) A licensee shall not solicit, or attempt to solicit, a client for employment during the progress of a loss-producing occurrence, as defined in the client's insurance contract. (d) A licensee shall not permit an unlicensed employee or agent in the unlicensed employee's or agent's own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner whatsoever to conduct business for which a license is required under this chapter. (e) A licensee shall not charge the client a fee that exceeds 2.5% of the first $25,000 of the total insurance recovery of the client. A licensee may charge the client a fee of up to 12% of the amount of the total insurance recovery of the client that exceeds $25,000. (f) A licensed public adjuster may not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim. (g) A public adjuster shall be subject to the Delaware Unfair Claims Settlement Act [Chapter 23 of this title]. 74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;