reglab/housing_qa huggingface dataset:
18 DE Code § 4810. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 48. Insurance Premium Financing|§ 4810. Applicability.

§ 4810. Applicability. (a) The provisions of this chapter relating to licensing, the filing of reports and the keeping of books and records shall not apply with respect to:  (1) Insurers, agents or brokers otherwise licensed by the Commissioner and who engage in the business of financing insurance premiums or any subsidiaries owned or controlled, directly or indirectly, by such insurer; and (2) Any bank, savings bank, trust company, savings and loan association, credit union, industrial finance company or other such entity regulated pursuant to the laws of the State or of the United States; provided, however, that all other provisions of this chapter shall apply to all such institutions or persons who engage in the business of financing insurance premiums in the State. (b) Notwithstanding subsection (a) of this section, the provisions of this chapter shall not apply with respect to the inclusion or deduction of a charge for insurance made pursuant to any other law of this State expressly or impliedly authorizing the financing of insurance premiums in connection with loan transactions or the financing of goods or services or both goods and services, including, but not limited to, charges for premiums for either or both credit life insurance and credit accident or health insurance. 60 Del. Laws, c. 406, §  1;
18 DE Code § 4811. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 48. Insurance Premium Financing|§ 4811. Exemptions.

§ 4811. Exemptions. (a) No filing of the premium finance agreement shall be necessary to perfect the security interest of the premium finance company as against creditors, subsequent purchasers, pledgees and other such parties, their successors or assigns. (b) Notwithstanding Title 30, all institutions licensed in accordance with this chapter shall be exempt from all other occupational and use taxes levied by the State. 60 Del. Laws, c. 406, §  1;
18 DE Code § 4812. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 48. Insurance Premium Financing|§ 4812. Rules.

§ 4812. Rules. The Commissioner may make and enforce reasonable rules and regulations to make this chapter effective but such rules and regulations shall not be contrary to, nor inconsistent with, this chapter. 60 Del. Laws, c. 406, §  1;
18 DE Code § 4901. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4901. Scope of chapter.

§ 4901. Scope of chapter. This chapter shall apply only to domestic stock insurers and domestic mutual insurers. This chapter shall apply to domestic mutual assessment property insurers only as stated in § 5306 of this title. 18 Del. C. 1953, §  4901;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4902. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4902. “Stock,” “mutual” insurer, definitions.

§ 4902. “Stock,” “mutual” insurer, definitions. “Stock” insurer and “mutual” insurer are as defined in §§ 501 and 502, respectively, of this title. 18 Del. C. 1953, §  4902;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4903. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4903. General corporation statutes; applicability.

§ 4903. General corporation statutes; applicability. Domestic stock and mutual insurers shall be governed by the applicable provisions of the general statutes of this State relating to private corporations except where such general statutes are in conflict with the express provisions of this title and the reasonable implications of such provisions, in which case the provisions of this title shall govern. 18 Del. C. 1953, §  4903;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4904. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4904. Insurance business exclusive.

§ 4904. Insurance business exclusive. No domestic insurer heretofore or hereafter formed shall engage directly or indirectly in any business other than the insurance business and in business activities reasonably and necessarily incidental to such insurance business, except that:  (1) A title insurer may also engage in business as an escrow agent; and (2) Any insurer may also engage in business activities reasonably relating to the management, supervision, servicing of and protection of its interests as to its lawful investments and to the full utilization of its facilities; and (3) It may invest in corporations engaged or organized to engage in the marketing of financial, insurance or service products, in accordance with § 1313 of this title; and (4) A corporation established under Chapter 7 or regulated under Chapter 9 of Title 5 may also engage in the other activities authorized by such chapter; and (5) This section shall not preclude a corporation heretofore or hereafter formed under the laws of this State from possessing corporate powers to engage in business additional to the insurance business or preclude such a corporation, prior to issuance of a certificate of authority thereto as an insurer, from engaging in any such additional business or businesses.18 Del. C. 1953, §  4904;  56 Del. Laws, c. 380, §  1;  66 Del. Laws, c. 179, §  2;  67 Del. Laws, c. 223, §  31;
18 DE Code § 4906. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4906. Mutual insurers — Permit; deposit.

§ 4906. Mutual insurers — Permit; deposit. (a) Before soliciting any applications for insurance as required under § 4905 of this title, the incorporators of the proposed insurer shall procure a solicitation permit as required by § 4702 of this title and shall deposit with the Commissioner $10,000 in cash or in certificate of deposit issued by a bank located in this State or in United States Government bonds at market value to be held in trust for the use and benefit of the State and of applicant members and creditors of the corporation. The deposit shall be conditioned as follows:  (1) Upon due accounting for and deposit, as required under § 4908 of this title, of funds received as premium upon preliminary applications for insurance; and (2) In event the corporation fails to complete its organization and secure a certificate of authority issued by the Commissioner within 1 year after the date of its solicitation permit, all premiums collected in advance from applicant members will be promptly returned to them, all other indebtedness of the corporation other than any compensation to directors, officers or solicitors of insurance applications will be paid and for payment of costs incurred by the State in the event of any legal proceedings for liquidation or dissolution of the corporation. (b) If the corporation or an affiliate corporation proposes also to issue securities for initial financing of the proposed insurer in addition to the securing of qualifying applications for insurance, the deposit required by this section may be combined with that required under § 4713 of this title, with appropriate extension of the conditions of such deposit to comply with the requirements of both sections, in order that only 1 such deposit of $10,000 shall be necessary for all such purposes. (c) The Commissioner shall release such deposit or remaining portion thereof held under this section upon written request of the person entitled thereto and upon proof to the Commissioner's satisfaction that all liabilities and obligations, with respect to which the deposit was made and held, have been fully settled or terminated or otherwise adequately provided for. (d) Any such bond filed or deposit or remaining portion thereof held under this section may be released and discharged upon settlement and termination of all liabilities against it hereunder. 18 Del. C. 1953, §  4906;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4907. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4907. Mutual insurers — Qualifying applications for insurance.

§ 4907. Mutual insurers — Qualifying applications for insurance. (a) Upon receipt of the Commissioner's approval of the deposit as provided in § 4906 of this title, the directors and officers of the proposed domestic mutual insurer may commence solicitation of such requisite applications for insurance policies as they may accept and may receive deposits of premiums thereon. (b) All such applications shall be in writing signed by the applicant, covering subjects of insurance resident, located or to be performed in this State. (c) All such applications shall provide that:  (1) Issuance of the policy is contingent upon the insurer's qualifying for and receiving a certificate of authority; (2) No insurance is in effect unless and until the certificate of authority has been issued; and (3) The prepaid premium or deposit and membership or policy fee, if any, shall be refunded in full to the applicant if organization is not completed and the certificate of authority is not issued and received by the insurer before a specified reasonable date, which date shall be not later than 1 year after the date of the solicitation permit. (d) All qualifying premiums collected shall be in cash. (e) Solicitation for such qualifying applications for insurance shall be by licensed agents of the corporation, and the Commissioner shall, upon the corporation's application therefor, issue temporary agent's licenses, expiring on the date specified pursuant to paragraph (c)(3) of this section above, to individuals qualified for an agent's license. The Commissioner may suspend or revoke any such license for any of the causes and pursuant to the same procedures as are applicable to suspension or revocation of licenses of agents in general under Chapter 17 of this title. 18 Del. C. 1953, §  4907;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4908. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4908. Mutual insurers — Trust deposit of qualifying premiums; issuance of policies.

§ 4908. Mutual insurers — Trust deposit of qualifying premiums; issuance of policies. (a) All sums collected by a domestic mutual corporation as premiums or fees on qualifying applications for insurance therein shall be deposited in trust in a bank or trust company in this State under a written trust agreement approved by the Commissioner and consistent with this section and with § 4907 of this title. The corporation shall file an executed copy of such trust agreement with the Commissioner. (b) Upon issuance to the corporation of a certificate of authority as an insurer for the kind of insurance for which such applications were solicited, all funds so held in trust shall become the funds of the insurer, and the insurer shall thereafter in due course issue and deliver its policies for which premiums had been paid and accepted. The insurance provided by such policies shall be effective as of the date of the certificate of authority or thereafter as provided by the respective policies. 18 Del. C. 1953, §  4908;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4909. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4909. Mutual insurers — Failure to qualify.

§ 4909. Mutual insurers — Failure to qualify. If the proposed domestic mutual insurer fails to complete its organization and to secure its original certificate of authority within 1 year from and after date of its solicitation permit, the corporation shall transact no further business, and the Commissioner shall return or cause to be returned to the persons entitled thereto all advance deposits or payments of premiums held in trust under § 4907 of this title. 18 Del. C. 1953, §  4909;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4910. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4910. Mutual insurers — Additional kinds of insurance.

§ 4910. Mutual insurers — Additional kinds of insurance. A domestic mutual insurer, after being authorized to transact 1 kind of insurance, may be authorized to transact such additional kinds of insurance as are permitted under § 510 of this title, while otherwise in compliance with this title and while maintaining unimpaired surplus funds in an amount not less than the amount of paid-in capital stock required of a domestic stock insurer transacting like kinds of insurance, subject further, when first so authorized to transact an additional kind of insurance, in the case of insurers other than those to which § 511(a)(1) of this title is applicable, to the additional expendable surplus requirements of such § 511 applicable to such a stock insurer. 18 Del. C. 1953, §  4910;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4911. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4911. Membership in mutual.

§ 4911. Membership in mutual. (a) Each policyholder of a domestic mutual insurer, other than of a reinsurance contract, is a member of the insurer during the period of the insurance with all rights and obligations of such membership, and the policy shall so specify. (b) Any person, government or governmental agency, state or political subdivision thereof, public or private corporation, board, association, estate, trustee or fiduciary may be a member of a domestic mutual insurer. The right of certain governmental bodies or agencies of this State to become and be members of mutual insurers shall be subject further to the laws of this State governing such bodies or agencies. 18 Del. C. 1953, §  4911;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4912. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4912. Bylaws of mutual insurer.

§ 4912. Bylaws of mutual insurer. Every domestic mutual insurer shall promptly file with the Commissioner a copy, certified by the insurer's secretary, of its bylaws and of every modification thereof or addition thereto. The bylaws and modifications thereof shall be subject to the Commissioner's approval. The Commissioner shall not disapprove any such bylaw or modification unless found by the Commissioner, after a hearing held thereon, to be unlawful, unreasonable, inadequate, unfair or injurious to the proper interests or protection of the insurer's members or any class thereof. The insurer shall not, after receiving written notice of such disapproval and during the existence thereof, effectuate any bylaw provision so disapproved. 18 Del. C. 1953, §  4912;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4913. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4913. Minutes of corporate meetings of mutual insurers.

§ 4913. Minutes of corporate meetings of mutual insurers. A domestic mutual insurer upon the Commissioner's written request therefor shall promptly file with the Commissioner a copy, certified by the insurer's secretary, of the notice, minutes and other record of every meeting of the insurer's board of directors or other similar governing body and of every meeting of the insurer's members. All such copies so filed shall constitute confidential records for the information of the Commissioner only, and shall not constitute or be treated as public records or be open to public inspection. 18 Del. C. 1953, §  4913;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4914. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4914. Contingent liability of mutual members.

§ 4914. Contingent liability of mutual members. (a) Except as provided otherwise in § 4916 of this title with respect to nonassessable policies, each member of a domestic mutual insurer shall have a contingent liability, pro rata and not one for another, for the discharge of its obligations, which contingent liability shall be in such maximum amount — not less than 1 nor more than 6 times the premium for the member's policy at the annual premium rate — as shall be specified in the insurer's certificate of incorporation or bylaws. (b) Every policy issued by the insurer shall contain a statement of the contingent liability. (c) Termination of the policy of any such member shall not relieve the member of contingent liability for such member's proportion of the obligations of the insurer which accrued while the policy was in force. (d) Unrealized contingent liability of members does not constitute an asset of the insurer in any determination of its financial condition. 18 Del. C. 1953, §  4914;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4915. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4915. Levy of contingent liability.

§ 4915. Levy of contingent liability. (a) If at any time the assets of a domestic mutual insurer are less than its liabilities and the minimum amount of surplus required to be maintained by it under this title for authority to transact the kinds of insurance being transacted and the deficiency is not cured from other sources, its directors may, if the same is approved by the Commissioner as being reasonable and in the best interests of the insurer and its members, levy an assessment only on its members who held the policies providing for contingent liability at any time within the 12 months next preceding the date the levy was authorized by the board of directors, and such members shall be liable to the insurer for the amount so assessed. (b) The levy of assessment shall be for such an amount as is required to cure such deficiency and to provide a reasonable amount of working funds above such minimum amount of surplus, but such working funds so provided shall not exceed 5% of the sum of the insurer's liabilities and such minimum required surplus as of the date of the levy. (c) As to the respective policies subject to the levy, the assessment shall be computed upon the basis of premium earned during the period covered by the levy. (d) No member shall have an offset against any assessment for which such member is liable, on account of any claim for unearned premium or loss payable. (e) As to life insurance, any part of such an assessment upon a member which remains unpaid following notice of assessment, demand for payment, and lapse of a reasonable waiting period as specified in such notice, may, if approved by the Commissioner as being in the best interests of the insurer and its members, be secured by placing a lien upon the cash surrender values and accumulated dividends held or to be held by the insurer to the credit of the member's policy. 18 Del. C. 1953, §  4915;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4916. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4916. Enforcement of contingent liability.

§ 4916. Enforcement of contingent liability. (a) The insurer shall notify each member of the amount of the assessment to be paid by written notice mailed to the address of the member last of record with the insurer. Failure of the member to receive the notice so mailed, within the time specified therein for the payment of the assessment or at all, shall be no defense in any action to collect assessment. (b) If a member fails to pay the assessment within the period specified in the notice, which period shall not be less than 20 days after mailing, the insurer may institute suit to collect the same. 18 Del. C. 1953, §  4916;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4917. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4917. Nonassessable policies, mutual insurers; revocation of authority.

§ 4917. Nonassessable policies, mutual insurers; revocation of authority. (a) A domestic mutual insurer, by depositing through the Commissioner and thereafter maintaining unimpaired surplus funds not less in amount than the minimum paid-in capital stock required of a domestic stock insurer for authority to transact the same kind or kinds of insurance, may, upon receipt of the Commissioner's order so authorizing, extinguish the contingent liability to assessment of its members as to all its policies in force and, so long as such surplus and deposit are maintained, may omit provisions imposing contingent liability in all policies currently issued. Any deposit of the insurer made through the Commissioner as prerequisite to its certificate of authority may be included as part of the deposit required under this section. (b) The Commissioner shall not authorize a domestic insurer to extinguish the contingent liability of any of its members or in any of its policies to be issued, unless it qualifies to and does extinguish such liability of all its members and in all such policies for all kinds of insurance transacted by it. (c) The Commissioner shall revoke the authority of a domestic mutual insurer to issue policies without contingent liability if:  (1) At any time the insurer's assets are less than the sum of its liabilities and the surplus required for such authority, or (2) The insurer, by resolution of its board of directors approved by a majority of its members, requests that the authority be revoked. (d) During the absence of such authority, the insurer shall not issue any policy without providing therein for the contingent liability of the policyholder, nor renew any policy which is then in force without endorsing the same to provide for such contingent liability. 18 Del. C. 1953, §  4917;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4919. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 49. Organization and Corporate Powers; Procedures of Domestic Stock and Mutual Insurers|§ 4919. Change of directors, officers; notice.

§ 4919. Change of directors, officers; notice. Every domestic stock or mutual insurer shall promptly notify the Commissioner in writing of any change of personnel among its directors or principal officers. 18 Del. C. 1953, §  4919;  56 Del. Laws, c. 380, §  1;