reglab/housing_qa huggingface dataset:
18 DE Code § 4121. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4121. Definitions.

§ 4121. Definitions. (a) “Declination” is the refusal of an insurer, an agent or a broker to issue a property insurance policy on a written nonbinding application or written request for coverage. For the purpose of this subchapter, the offering of insurance coverage with a company within an insurance group which is different from the company requested on the nonbinding application or written request for coverage or the offering of insurance upon different terms than requested in the nonbinding application or written request for coverage shall be considered a declination. (b) “Nonpayment of premium” means the failure of the named insured to discharge any obligation in connection with the payment of premiums on policies of property insurance subject to this subchapter, whether such payments are directly payable to the insurer or its agent or indirectly payable under a premium finance plan or extension of credit. “Nonpayment of premium” shall include the failure to pay dues or fees where payment of such dues or fees is a prerequisite to obtaining or continuing property insurance coverage. (c) “Renewal” or “to renew” means the issuance and delivery by an insurer at the end of a policy period of a policy superseding a policy previously issued and delivered by the same insurer or the issuance and delivery of a certificate or notice extending the term of an existing policy beyond its policy period or term. For the purposes of this subchapter, any policy period or term of less than 6 months shall be considered a policy period or term of 6 months and any policy period or term of more than 1 year or any policy with no fixed expiration date shall be considered a policy period or term of 1 year. (d) “Termination” means either cancellation or nonrenewal of property insurance coverage in whole or in part. A cancellation occurs during the policy term. A nonrenewal occurs at the end of the policy term as set forth in subsection (a) of this section. For purposes of this subchapter, the transfer of a policyholder between companies within the same insurance group shall be considered a termination, but requiring a reasonable deductible, reasonable changes in the amount of insurance or reasonable reductions in policy limits or coverage shall not be considered a termination if such requirements are directly related to the hazard involved and are made on the renewal date of the policy. 65 Del. Laws, c. 199, §  1;
18 DE Code § 4123. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4123. Permissible cancellations.

§ 4123. Permissible cancellations. After coverage has been in effect for more than 60 days or after the effective date of a renewal policy a notice of cancellation shall not be issued unless it is based upon at least 1 of the following reasons:  (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing the policy or in presenting a claim under the policy; (3) Discovery of wilful or reckless acts or omissions on the part of the named insured which increase any hazard insured against; (4) The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed; (5) A violation of any local fire, health, safety, building or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against; (6) A determination of the Insurance Commissioner that the continuation of the policy would place the insurer in violation of the insurance laws of this State; (7) Real property taxes owing on the insured property have been delinquent for 2 or more years and continue delinquent at the time notice of cancellation is issued.65 Del. Laws, c. 199, §  1;
18 DE Code § 4124. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4124. Discriminatory practices prohibited.

§ 4124. Discriminatory practices prohibited. The declination or termination of a policy of property insurance subject to this subchapter by an insurer, agent or broker is prohibited if the declination or termination is:  (1) Based upon the race, religion, nationality, ethnic group, age, sex or marital status of the applicant or named insured; (2) Based solely upon the lawful occupation or profession of the applicant or named insured, except that this provision shall not apply to an insurer, agent or broker which limits its market to 1 lawful occupation or profession or to several related lawful occupations or professions; (3) Based upon the age or location of the residence of the applicant or named insured unless such decision is for a business purpose which is not a mere pretext for unfair discrimination; (4) Based upon the fact that another insurer previously declined to insure the applicant or terminated an existing policy in which the applicant was named insured; (5) Based upon the fact that the applicant or named insured previously obtained insurance coverage through a residual market insurance mechanism.65 Del. Laws, c. 199, §  1;
18 DE Code § 4125. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4125. Enforcement.

§ 4125. Enforcement. (a) Upon a complaint of person filed within 90 days of any violation of this subchapter, the Commissioner shall determine whether such complaint is reasonably founded. If the Commissioner determines that such complaint is reasonably founded, or if the Commissioner otherwise has reason to believe that an insurer, agent or broker has engaged in practices which violate this subchapter and that a proceeding in respect thereto would be in the public interest, the Commissioner shall set a date for a public hearing to determine whether a violation of this subchapter has in fact occurred. Such hearing shall be held upon no less than 10 days' notice to the person charged and the complainant, if any. Such notice shall set forth the specified grounds upon which the complaint is based. If a hearing is based upon a complaint, the hearing shall be set no later than 30 days from the date the complaint was filed. The hearing shall take place before a hearing examiner who shall make a record of the evidence and set forth findings and conclusions. Once a prima facie violation of this subchapter has been established, the person charged in the complaint shall have the burden of showing that such violation was based on a reason not prohibited by this subchapter. The findings of fact determined by the hearing examiner shall be reviewed by the Commissioner who shall issue a final order. A petition for hearing may be filed within 30 days of the final order of the Commissioner. (b) If the Commissioner determines in a final order that:  (1) An insurer has violated §§ 4123 and 4124 of this title, the Commissioner may require the insurer to:  a. Accept the application or written request for insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated; or b. Reinstate insurance coverage to the end of the policy period; or c. Continue insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated. (2) Any person has violated this subchapter, the Commissioner may:  a. Issue a cease and desist order to restrain such person from engaging in practices which violate this subchapter; or b. Assess a penalty against such person of up to $500 for each violation of this subchapter.65 Del. Laws, c. 199, §  1;
18 DE Code § 4126. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4126. Civil liability and actions; limitation.

§ 4126. Civil liability and actions; limitation. (a) If the Commissioner determined in a final order that an insurer has violated § 4123 or § 4124 of this title, the applicant or named insured aggrieved by the violation may bring an action in a court of competent jurisdiction in this State to recover from such insurer any loss, not otherwise recovered through insurance, which would have been paid under the insurance coverage that was declined or terminated in violation of this subchapter. (b) Any amounts recovered under subsection (a) of this section shall not be duplicative of any recovery obtained through the exercise of any other statutory or common-law cause of action arising out of the same occurrence. No action under this section shall be brought 2 years after the date of a final order of the Commissioner finding a violation of § 4123 or § 4124 of this title. 65 Del. Laws, c. 199, §  1;
18 DE Code § 4127. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4127. Judicial review.

§ 4127. Judicial review. Any person aggrieved by any determination or order of the Commissioner under this subchapter may seek judicial review in the Superior Court. Failure of the Commissioner to act upon a complaint under this subchapter within 30 days of the filing of such complaint shall constitute a determination that the complaint was not reasonably founded. Review in the Superior Court shall be de novo. 65 Del. Laws, c. 199, §  1;
18 DE Code § 4128. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4128. Immunity.

§ 4128. Immunity. (a) There shall be no liability on the part of and no cause of action shall arise against:  (1) The Insurance Commissioner; (2) Any insurer or its authorized representatives, agents or employees; (3) Any licensed insurance agent or broker; or (4) Any person furnishing information to an insurer as to reasons for a termination or declination for any communication giving notice of or specifying the reasons for a declination. (b) Subsection (a) of this section shall not apply to statements made in bad faith with malice in fact. 65 Del. Laws, c. 199, §  1;
18 DE Code § 4129. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4129. Notice.

§ 4129. Notice. During the pendency of any claim received pursuant to a property insurance policy, the insurer shall be required to give prompt and timely written notice to a policyholder making a claim informing the policyholder of the applicable state statute of limitations or any contractual period of limitations regarding the filing of an action for the claimant's damages under the contract. 76 Del. Laws, c. 223, §  1;
18 DE Code § 4130. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4130. Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8].

§ 4130. Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8]. (a) (1) An insurer may not refuse to renew a policy of homeowners insurance solely on the basis of:  a. Claims caused by weather, unless 3 or more such claims have been made against the policy during the 36 months immediately preceding the expiration of the current policy period; or b. Claims not caused by weather, unless 2 or more claims have been made against the policy; or c. A combination of claims caused by weather and claims not caused by weather, unless such combination of 3 or more claims has been made against the policy during the 48 months immediately preceding the expiration of the current policy period; or d. Claims closed without payment, notwithstanding any other provision of this section. (2) However, an insurer may nonrenew a homeowner's policy if:  a. The claim or claims asserted against the policy demonstrate that there has been a reasonably substantial change or increase in the hazard or in the risk assumed by the carrier subsequent to the date the policy was issued, and such nonrenewal is applied to other homeowners policies similarly situated; or b. The policyholder has refused or failed to make reasonably necessary changes or repairs after being notified by the insurer that failure to make such changes or repairs will constitute a breach of contractual duties, conditions or warranties that will change or increase the hazard or risk assumed by the insurer subsequent to the date the policy was issued. (b) “Homeowners insurance” for purposes of this section and § 4131 of this title shall mean property insurance as defined at §§ 4103(5)d. and 4120 of this title insuring any real or personal property used by a person as a permanent or temporary place of residence. 76 Del. Laws, c. 290, §  1;  79 Del. Laws, c. 390, §  7;
18 DE Code § 4131. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts|§ 4131. Inquiries.

§ 4131. Inquiries. An insurer shall not consider an inquiry regarding a homeowners policy or a loss under that policy to be a claim for purposes of making underwriting decisions, including but not limited to decisions to nonrenew a policy. An inquiry is any contact initiated by an insured that is not the filing of a claim to an insurer. 76 Del. Laws, c. 290, §  1;
18 DE Code § 4140. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 41. Property Insurance Contracts|Subchapter IV. Wind, Hail and Hurricanes|§ 4140. Notice regarding deductibles.

§ 4140. Notice regarding deductibles. (a) All insurers licensed to and writing residential property insurance in Delaware shall provide clear and prominent notice to residential property insurance policyholders as to the existence of deductibles for losses caused by wind, hail or hurricanes, as follows:  (1) The notice shall be included:  a. With regard to any policy in effect before January 1, 2013, with the first renewal on or after that date. b. On or after January 1, 2013, with a policy at first issuance and with the first renewal after any insurer-initiated change in the deductibles for losses caused by wind/hail or hurricanes. (2) Such notice may be sent electronically to any policyholder who has consented to receive such notices electronically. (3) The notice shall clearly disclose relevant details pertaining to the wind/hail and hurricane deductibles, including the trigger of the deductible, regardless of whether it is stated as a percentage or as a dollar amount. (4) If there is a percentage deductible, the insurer must provide an example of how it applies to the loss. The example does not have to be tailored to the insured value of the specific property, but must show clearly how the deductible works (e.g., a 2% deductible on a house insured for $300,000 means the policy holder is responsible for $6,000 of the wind, hail or hurricane loss). (5) If there is not a separate deductible for wind/hail or hurricane losses, the insurer is not required to provide a notice. (b) This section sets forth the minimum information that must be included in the notice. Insurers may provide any other information to assist their insureds in understanding wind/hail and hurricane deductibles and their application to the insurance policy. (c) For purposes of this section, “residential property insurance” means insurance that provides coverage for:  (1) A 1-, 2-, 3-, or 4-family dwelling primarily intended for occupancy as living quarters; (2) A condominium unit primarily intended for occupancy as living quarters; (3) Nonbusiness personal property of a tenant insured on an unscheduled basis and primarily located in the living quarters occupied by the tenant; (4) A manufactured home situated in a fixed location and intended for occupancy as living quarters. However, “residential property insurance” does not include insurance provided using commercial multiple-peril or commercial property policy forms. 78 Del. Laws, c. 386, §  1;
18 DE Code § 4301. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter I. General|§ 4301. Subject to general laws.

§ 4301. Subject to general laws. Contracts of surety insurance issued by surety insurers shall be subject to the applicable general provisions of Chapter 27 (The Insurance Contract) of this title and to applicable general laws of suretyship. 18 Del. C. 1953, §  4301;  56 Del. Laws, c. 380, §  1;  76 Del. Laws, c. 394, §  1;
18 DE Code § 4331. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4331. Purpose.

§ 4331. Purpose. This subchapter governs the qualifications and procedures for the licensing of bail agents. This subchapter shall establish the qualifications for granting licenses to bail agents, establish the procedures to be followed in determining the initial and continuing qualifications for such persons, and provide standards for such persons' authorities, duties, responsibilities and prohibitions in a manner that will provide guidance to such personnel and control over such personnel by the Commissioner for the benefit and protection of the citizens of the State. 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4333A. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4333A. Additional application requirements for surety bail agents.

§ 4333A. Additional application requirements for surety bail agents. (a) In addition to the requirements of § 4333 of this title, every applicant for a surety bail agent license shall file with the Commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing such applicant to execute undertakings of bail and to solicit and negotiate such undertakings on its behalf. (b) An appointment of a person as a surety bail agent by a surety insurer pursuant to this subsection shall constitute certification by such insurer that, to the best of the insurer's knowledge and belief, such person is competent, financially responsible and suitable to serve as a representative of the insurer. No person shall represent to the public that such person has the authority to represent an insurer as its surety bail agent until such person has been appointed by an insurer as such agent in accordance with this section. An insurer shall be bound by the acts of such person within the scope of such person's actual authority as such insurer's agent. (c) Each appointment shall, by its terms, continue in force until:  (1) Termination of the surety bail bond agent's license; or (2) The filing of a notice of termination with the Commissioner by the surety insurer or its representative or by such surety bail agent. (d) Each insurer shall annually conduct an audit, for the period from January 1 through December 31 of each of its appointed surety bail agents to ensure such agents are charging the premium rate as required by § 4347 of this title. Not later than 45 days after the closing of the year (period of each audit), each insurer shall notify the Commissioner of the failure of any surety bail bond agent to charge the premium rate approved by the Commissioner pursuant to Chapter 25 of this title. Such notice shall include the name of the surety bail bond agent, the case docket number if assigned, the total amount of the bail bond, the date the bail bond was executed, the amount of the premium charged and reported to the surety insurer, the state, county and court in which the bond was executed, the 5-digit identification code assigned to the insurer by the National Association of Insurance Commissioners and the date the premium was due. 79 Del. Laws, c. 177, §  1;
18 DE Code § 4333B. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4333B. Additional application requirements for property bail agents.

§ 4333B. Additional application requirements for property bail agents. (a) In addition to the requirements of § 4333 of this title, every applicant for a property bail agent license shall file with the Commissioner a statement under oath of the assets and liabilities of the applicant. (b) A property bail agent and bail agent business entity shall have a continuing duty to all of the following:  (1) To advise the Commissioner in writing under oath of any material change in such property bail agent's or bail agent business entity's assets or liabilities affecting such property bail agent's or bail agent business entity's responsibility as a property bail agent or bail agent business entity. (2) At any time, upon request of the Commissioner, to furnish the Commissioner with a statement under oath of such property bail agent's or bail agent business entity's assets and liabilities, including all bail bonds on which such property bail agent or bail agent business entity is obligated. The Commissioner may request, and the property bail agent or bail agent or business entity shall provide, financial statements and balance sheets, in the form requested by the Commissioner, bank statements and any other information requested by the Commissioner to allow the Commissioner to review the business operations of the bail agent or bail agent business entity. (c) The applicant shall file with his or her application for licensure all rates and other charges proposed for use in writing bail bonds. Such rating plan must be approved by the Commissioner prior to issuance of the license. No rate or other charge may be imposed in connection with the property bail agent's business, unless it has been approved in advance by the Commissioner. 79 Del. Laws, c. 177, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 183, § 3;