reglab/housing_qa huggingface dataset:
18 DE Code § 3918. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 39. Casualty Insurance Contracts|§ 3918. Vehicle data-reporting device.

§ 3918. Vehicle data-reporting device. (a) An insurer seeking to install a data-reporting device in a private passenger vehicle, or seeking to use a previously installed device for the purpose of obtaining data, shall inform the policyholder of such installation or use, of the data that may be obtained by the insurer from such device, and how the installation or use and removal or discontinuation of such device can affect the cost of insurance coverage. (b) An insurer may not install or use a data reporting device in a private passenger vehicle unless an insured listed as the policyholder consents to such installation or use. (c) The disclosure of any nonpublic personal information and any nonpublic confidential information collected by a vehicle data reporting device shall be governed by § 535 of this title and 18 DE Admin. Code §  904-1.0 to 18 DE Admin. Code §  904-16.0. (d) Any private passenger vehicle insurance rating plan that uses data obtained by a vehicle data-reporting device shall be subject to Chapter 25 of this title and 18 DE Admin. Code § 1902-1.0 to 18 DE Admin. Code § 1902-6.0. (e) This section applies to private passenger vehicle insurance issued to individual policyholders primarily for personal, family or household purposes. This section does not apply to policies issued to commercial entities or individuals who obtain insurance products or services for business, commercial or agricultural purposes. (f) For purposes of this section, a “data reporting device” is any device that is capable of maintaining, transmitting, or storing, a vehicle's telematics and driving data. 79 Del. Laws, c. 219, §  1;
18 DE Code § 3919. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 39. Casualty Insurance Contracts|§ 3919. Addition of minor children and foster children to existing motor vehicle policies.

§ 3919. Addition of minor children and foster children to existing motor vehicle policies. If requested by the insured, an insurer is required to add the following individuals to the insured's existing policy as an additional driver:  (1) Any licensed minor child of the insured who resides with the insured. (2) Any licensed foster child placed into the temporary care of the insured by the Department of Services for Children, Youth and Their Families or pursuant to a court order.  Policies under which coverage is extended to licensed foster children pursuant to this section shall continue to be rated as personal, and not commercial, automobile policies. Insurers may not increase premium rates on policies under which coverage is extended pursuant to this section solely because of the addition of the licensed minor child or licensed foster child as a named driver, unless the increase is actuarially justified.81 Del. Laws, c. 128, § 1;
18 DE Code § 4001. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 40. Health Insurance for Children and Persons on Medicaid|§ 4001. Scope of chapter.

§ 4001. Scope of chapter. The provisions of this chapter shall apply to:  (1) Any insurer providing insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto; (2) A health service corporation, notwithstanding any provision to the contrary in Chapter 63 of this title; (3) A health maintenance organization, notwithstanding any provision to the contrary in Chapter 64 of this title; (4) A group health plan, as defined in § 607(1) of the federal Employee Retirement Income Security Act of 1974 [29 U.S.C. § 1167(1)]; (5) An entity offering a service benefit plan or a pharmacy benefit manager; (6) A self-funded entity or group providing health-care coverage; (7) Any person or entity which provides coverage in this State for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital or optometric expenses, whether such coverage is by direct payment, reimbursement or otherwise; and (8) Any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health-care item or service.69 Del. Laws, c. 444, §  1;  76 Del. Laws, c. 190, §§  2, 3;
18 DE Code § 4002. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 40. Health Insurance for Children and Persons on Medicaid|§ 4002. Health insurance for children.

§ 4002. Health insurance for children. (a) No health insurer shall deny enrollment of a child under the health coverage of the child's parent on the ground that:  (1) The child was born out of wedlock; (2) The child is not claimed as a dependent on the parent's federal income tax return; or (3) The child does not reside with the parent or in the insurer's service area. (b) In any case in which a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage through a health insurer, such health insurer shall:  (1) Permit such parent to enroll under such family coverage any such child who is otherwise eligible for such coverage (without regard to any enrollment season restrictions); (2) If such parent is enrolled but fails to make application to obtain coverage of such child, enroll such child under such family coverage upon application by the child's other parent, the Family Court or by a state agency administering a program under Part D, Title IV of the federal Social Security Act [42 U.S.C. § 651 et seq.], or Title XIX of the federal Social Security Act [42 U.S.C. § 1396 et seq.]; and (3) Not disenroll (or eliminate coverage of) such a child unless the health insurer is provided satisfactory written evidence that:  a. Such court or administrative order is no longer in effect; or b. The child is or will be enrolled in comparable health coverage through another health insurer which will take effect not later than the effective date of such disenrollment. (c) In any case in which a child has health coverage through the health insurer of a noncustodial parent, the insurer shall:  (1) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through such coverage; (2) Permit the custodial parent (or provider, with the custodial parent's approval) to submit claims for covered services without the approval of the noncustodial parent; and (3) Make payment on claims submitted in accordance with paragraph (c)(2) of this section directly to such custodial parent, the provider, or the state agency administering a program under part D, Title IV of the federal Social Security Act [42 U.S.C. § 651 et seq.] or Title XIX of the federal Social Security Act [42 U.S.C. § 1396 et seq.].69 Del. Laws, c. 444, §  1;  71 Del. Laws, c. 216, §  12;
18 DE Code § 4003. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 40. Health Insurance for Children and Persons on Medicaid|§ 4003. Health insurance for persons on Medicaid.

§ 4003. Health insurance for persons on Medicaid. (a) No health insurer, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, shall take into account that the individual is eligible for or is provided medical assistance under a Medicaid Plan of this State or any other state. (b) Where a state agency has been assigned the rights of an individual eligible for medical assistance under Title XIX of the federal Social Security Act [42 U.S.C. § 1396 et seq.] and such individual is covered for health benefits from a health insurer, no such health insurer shall impose requirements on the state agency that are different from requirements applicable to an agent or assignee of any other individual so covered. 69 Del. Laws, c. 444, §  1;
18 DE Code § 4004. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 40. Health Insurance for Children and Persons on Medicaid|§ 4004. Definitions.

§ 4004. Definitions. As used in this chapter:  (1) “Department” means the Delaware Department of Health and Social Services. (2) “Health insurer” includes all of the following:  a. An insurer providing insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto. b. A health service corporation. c. A health maintenance organization. d. A group health plan, as defined in § 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1167(1)). e. Any entity offering a service benefit plan. f. A self-funded entity or group providing health-care coverage. g. A pharmacy benefit manager. h. Any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health-care item or service. i. Any person or other entity which provides coverage in this State for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether such coverage is by direct payment, reimbursement, or otherwise.69 Del. Laws, c. 444, §  1;  76 Del. Laws, c. 190, §§  4, 5;  81 Del. Laws, c. 79, § 32;
18 DE Code § 4005. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 40. Health Insurance for Children and Persons on Medicaid|§ 4005. Administrative procedures.

§ 4005. Administrative procedures. The Commissioner may issue regulations in accordance with § 314 of this title and Chapter 101 of Title 29 for the implementation and administration of this chapter. 69 Del. Laws, c. 444, §  1;
18 DE Code § 4006. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 40. Health Insurance for Children and Persons on Medicaid|§ 4006. Data sharing.

§ 4006. Data sharing. The Department is authorized to require any health insurer to provide, upon the request of the Department, eligibility and coverage information (including, but not limited to the name, address, date of birth, Social Security number, policy number, group identification number, types of covered services under the policy, effective dates of coverage, and termination date for each client) that will enable the Department to determine during what period Medicaid recipients may be or may have been covered by the health insurer and the nature of the coverage that is or was provided. This information shall be referred to as the “Plan Eligibility Data Elements.” The Department may enter into agreements with the health insurers for the purpose of carrying out the provisions of this section. The agreement shall provide for the electronic exchange of data between the parties at a mutually agreed upon frequency and in a format specified by the Department designed to verify that an individual has coverage, but no less frequently than once every 2 months. The agreement shall specify the data elements that shall be included on the electronic file from the health insurer. No health insurer that provides data required by the Department, whether confidential or not, shall be held liable for the provision of such data to the Department or for any use made thereof. The Department shall have procedures in place to ensure compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191] relating to the privacy and security of individually identifiable health information, as applicable. 76 Del. Laws, c. 190, §  6;
18 DE Code § 4201. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4201. Title.

§ 4201. Title. This chapter shall be known and may be cited as the “Delaware Insurance Guaranty Association Act.” 18 Del. C. 1953, §  4201;  57 Del. Laws, c. 437.;
18 DE Code § 4202. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4202. Purpose.

§ 4202. Purpose. This chapter shall provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies and to provide an association to assess the cost of such protection among insurers. 18 Del. C. 1953, §  4202;  57 Del. Laws, c. 437.;
18 DE Code § 4203. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4203. Scope.

§ 4203. Scope. This chapter shall apply to all kinds of direct insurance but does not apply to any of the following:  (1) Life, annuity, health and disability insurance; (2) Mortgage guaranty, financial guaranty and other forms of financial guarantees; (3) Fidelity and surety bonds, or other bonding obligations; (4) Credit insurance, vendors single interest insurance, or collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction; (5) Insurance of warranties or service contracts, including insurance that provides for the repair, replacement, or service of goods or property, or indemnification for repair, replacement, or service, for the operational or structural failure of the goods or property due to a defect in materials, workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits; (6) Title insurance; (7) Ocean marine insurance; (8) Any transaction or combinations of transactions between a person (including affiliates of such person) and an insurer (including affiliates of such insurer) which involves the transfer of an investment or credit risk unaccompanied by the transfer of insurance risk; (9) Any insurance provided by or guaranteed by government.18 Del. C. 1953, §  4203;  57 Del. Laws, c. 437;  63 Del. Laws, c. 395, §  1;  68 Del. Laws, c. 112, §  1;  81 Del. Laws, c. 337, § 1;
18 DE Code § 4204. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4204. Construction.

§ 4204. Construction. This chapter shall be liberally construed to effect the purpose specified in § 4202 of this title, which shall constitute an aid and guide to interpretation. 18 Del. C. 1953, §  4204;  57 Del. Laws, c. 437.;
18 DE Code § 4206. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4206. Creation of the Association.

§ 4206. Creation of the Association. There is created a nonprofit unincorporated legal entity to be known as the Delaware Insurance Guaranty Association. All insurers, defined as member insurers in § 4205 of this title, shall be and remain members of the Association as a condition of their authority to transact insurance in this State. The Association shall perform its functions under a plan of operation established and approved under § 4209 of this title and shall exercise its powers through a board of directors established under § 4207 of this title. 18 Del. C. 1953, §  4206;  57 Del. Laws, c. 437.;
18 DE Code § 4207. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4207. Board of Directors.

§ 4207. Board of Directors. (a) The Board of Directors of the Association shall consist of not less than 5 nor more than 9 persons serving terms as established in the plan of operation. The members of the Board shall be selected by member insurers subject to the approval of the Commissioner. Vacancies of the Board shall be filled for the remaining period of the term in the same manner as initial appointments. If no members are selected within 60 days after July 1, 1970, the Commissioner may appoint the initial members of the Board of Directors. (b) In approving selections to the Board, the Commissioner shall consider among other things whether all member insurers are fairly represented. (c) Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board of Directors. 18 Del. C. 1953, §  4207;  57 Del. Laws, c. 437.;
18 DE Code § 4210. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4210. Duties and powers of the Commissioner.

§ 4210. Duties and powers of the Commissioner. (a) The Commissioner shall:  (1) Notify the Association of the existence of an insolvent insurer not later than 3 days after he or she receives notice of the determination of the insolvency; (2) Upon request of the Board of Directors, provide the Association with a statement of the net direct written premiums of each member insurer. (b) The Commissioner may:  (1) Require that the Association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter. Such notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient. (2) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the Commissioner may levy a fine on any member insurer which fails to pay an assessment when due. Such fine shall not exceed 5% of the unpaid assessment per month, except that no fine shall be less than $100 per month. (3) Revoke the designation of any servicing facility if he or she finds claims are being handled unsatisfactorily. (c) Any final action or order of the Commissioner under this chapter shall be subject to judicial review in a court of competent jurisdiction. 18 Del. C. 1953, §  4210;  57 Del. Laws, c. 437;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4211. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4211. Effect of paid claims.

§ 4211. Effect of paid claims. (a) (1) Any person recovering under this chapter shall be deemed to have assigned the rights under the policy to the Association to the extent of the person's recovery from the Association. Every insured or claimant seeking the protection of this chapter shall cooperate with the Association to the same extent as such person would have been required to cooperate with the insolvent insurer. The Association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out, except such causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer and except as provided in paragraph (a)(2) of this section. In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the Association shall not operate to reduce the liability of the insureds to the receiver, liquidator or statutory successor for unpaid assessments. (2) The Association shall have the right to recover from the following persons the amount of any covered claim paid on behalf of such person pursuant to this chapter:  a. Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25,000,000 and whose liability obligations to other persons are satisfied in whole or in part by payments made under this chapter; and b. Any person who is an affiliate of the insolvent insurer and whose liability obligations to any other person are satisfied in whole or in part by payment under this chapter. This paragraph (a)(2) shall not apply retroactively and/or retrospectively and shall apply only as to insurer insolvencies which occur on or after June 30, 1991. (b) The receiver, liquidator or statutory successor of an insolvent insurer shall be bound by settlements of covered claims by the Association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that to which the claimant would have been entitled in the absence of this chapter against the assets of the insolvent insurer. (c) The Association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the Association, and estimates of anticipated claims on the Association which shall preserve the rights of the Association against the assets of the insolvent insurer. 18 Del. C. 1953, §  4211;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  6;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 463, §§  12-14;  72 Del. Laws, c. 400, §  3;
18 DE Code § 4212. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4212. Exhaustion of other coverage.

§ 4212. Exhaustion of other coverage. (a) Any person having a claim under an insurance policy shall first exhaust all coverage provided by any such policy, whether or not it is a policy issued by a member insurer, if the claim under such policy arises from the same facts, injury, or loss that gave rise to the covered claim against the Association. Any amount payable on a covered claim under this title shall be reduced by the full applicable limits stated in such insurance policy and the Association shall receive a full credit for such stated limits, or, where there are no applicable stated limits, the claim shall be reduced by the total recovery. Notwithstanding the foregoing, no person shall be required to exhaust any right under the policy of an insolvent insurer. (1) A claim under an insurance policy providing liability coverage to a person who may be jointly and severally liable or a joint tortfeasor with the person covered under the policy of the insolvent insurer that gives rise to the covered claim shall be considered to be a claim arising from the same facts, injury or loss that gave rise to the covered claim against the Association. (2) For the purposes of this section, a claim against a health maintenance organization, a hospital plan corporation, or a professional health service corporation and any amount payable by or on behalf of a self-insurer will be considered under this section as a claim requiring exhaustion of other coverage if the claim arises from the same facts, injury, or loss that gave rise to the covered claim against the Association.  (3) To the extent that the Association's obligation is reduced by the application of this section, the liability of the person insured by the insolvent insurer's policy for the claim shall be reduced in the same amount. (b) Any person having a claim which may be recovered under more than 1 insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that, if it is a first-party claim for damage to property with a permanent location, recovery must be sought first from the association of the location of the property; and if it is a workers' compensation claim, recovery must be sought first from the association of the residence of the claimant. Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent. 18 Del. C. 1953, §  4212;  57 Del. Laws, c. 437;  62 Del. Laws, c. 394, §  1;  68 Del. Laws, c. 112, §§  7, 8;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 337, § 4;