reglab/housing_qa huggingface dataset:
18 DE Code § 2614. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2614. Challenge and review of application of rating system.

§ 2614. Challenge and review of application of rating system. (a) Each advisory organization and every insurer subject to this chapter that makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system, including, but not limited to, issues of proper formulation and application of experience modification factors and/or proper classification of employers, may upon that person's written request be heard in person or by the person's authorized representative to review the manner in which such advisory organization's or insurer's rating system, experience rating plan or employer classifications have been applied in connection with the insurance afforded the aggrieved person. (b) Any party affected by the action of the advisory organization or the insurer may, within 30 days after written notice of that action, make application, in writing, for an appeal to the Commissioner, setting forth the basis for the appeal and the grounds to be relied upon by the applicant. (c) The Commissioner shall review the application and, if the Commissioner finds that the application is made in good faith and that it sets forth on its face grounds which reasonably justify holding a hearing, the Commissioner shall conduct a hearing held not less than 20 days after written notice to the applicant and to the advisory organization or insurer. The Commissioner, after hearing, shall affirm or reverse the action of the advisory organization or insurer. 69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 573, §§  1, 2;
18 DE Code § 2615. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2615. Consent to rate.

§ 2615. Consent to rate. Notwithstanding any other provision of this chapter, upon the written consent of the insured, filed with and approved by the Insurance Commissioner, a rate in excess of that determined in accordance with the other provisions of this chapter may be used on any specific risk. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2616. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2616. Acts reducing competition prohibited.

§ 2616. Acts reducing competition prohibited. (a) In this section, the word “insurer” includes 2 or more affiliated insurers:  (1) Under common management; or (2) Under common controlling ownership or under other common effective legal control and in fact engaged in joint or cooperative underwriting, investment management, marketing, servicing or administration of their business and affairs as insurers. (b) An insurer or advisory organization may not:  (1) Monopolize or attempt to monopolize, or combine or conspire with any other person or persons, or monopolize the business of insurance of any kind, subdivision or class thereof; (2) Agree with any other insurer or advisory organization to charge or adhere to any rate or rating plan other than the uniform experience rating plan or rating rule except as needed to comply with the requirements of § 2607 of this title; (3) Make an agreement with any other insurer, advisory organization or other person to unreasonably restrain trade or substantially lessen competition in the business of insurance of any kind, subdivision or class; or (4) Make any agreement with any other insurer or advisory organization to refuse to deal with any person in connection with the sale of insurance. (c) The fact that 2 or more insurers, whether or not members or subscribers of a common advisory organization, use consistently or intermittently the same rules, rating plans, rating schedules, rating rules, policy forms, rate classifications, underwriting rules, surveys or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists. (d) An advisory organization or member or subscriber thereof may not interfere with the right of any insurer to make its rates independently of that advisory organization or to charge rates different from the rates made by that advisory organization. (e) Except as required under § 2607 of this title, an advisory organization may not have or adopt any rule or exact any agreement or formulate or engage in any program which would require any member, subscriber or other insurer to:  (1) Utilize some or all of its services; (2) Adhere to its rates, rating plan, rating systems or underwriting rules; or (3) Prevent any insurer from acting independently.69 Del. Laws, c. 163, §  1;
18 DE Code § 2617. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2617. Advisory organization: permitted activity.

§ 2617. Advisory organization: permitted activity. Any advisory organization, in addition to other activities not prohibited, is authorized to:  (1) Develop statistical plans including class definitions; (2) Collect statistical data from members, subscribers or any other source; (3) Prepare and distribute pure premium rate data, adjusted for loss development and loss trending, in accordance with its statistical plan. Such data and adjustments should be in sufficient detail so as to permit insurers to modify such pure premiums based upon their own rating methods or interpretations of underlying data; (4) Prepare and distribute manuals of rating rules and rating schedules that do not contain any rules or schedules including final rates without information outside the manuals; (5) Distribute information that is filed with the Commissioner and open to public inspection; (6) Conduct research and collect statistics in order to discover, identify and classify information relating to causes or prevention of losses; (7) Prepare and file policy forms and endorsements and consult with members, subscribers and others relative to their use and application; (8) Collect, compile and distribute past and current prices of individual insurers if such information is made available to the general public; (9) Conduct research and collect information to determine the impact of benefit level changes on pure premium rates; (10) Prepare and distribute rules and rating values for the uniform experience rating plan; and (11) Calculate and disseminate individual risk premium modification factors.69 Del. Laws, c. 163, §  1;
18 DE Code § 2618. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2618. Residual market mechanisms.

§ 2618. Residual market mechanisms. (a) All insurers authorized to write workers' compensation and employers' liability insurance shall participate in a plan providing for the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. A residual market plan shall be submitted for the Commissioner's approval within 60 days of October 16, 1993. Rates for the residual market shall be filed by the advisory organization. (b) The Commissioner may adopt retrospective rating plans for any risks insured through residual market. (c) The Commissioner may adopt a schedule debit plan for any risks insured through the plan that do not comply with loss-control recommendations, have frequency or severity problems or have any exposure that is greater than average for the class. (d) The Commissioner shall disapprove any filing that does not meet the requirements of § 2604 of this title. A filing shall be deemed to meet such requirements unless disapproved by the Commissioner within 30 days after the filing is made. In reviewing a filing made pursuant to this section, the Commissioner shall have the same authority and follow the same procedures prescribed by §§ 2611, 2612 and 2613 of this title. The advisory organization shall make and file the plan of operation, rates, rating plans, rules, and policy forms under this section. (e) The limitation in § 2610(b)(1) of this title shall not apply to the residual market plan filed under this section. 69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 172, §  10;
18 DE Code § 2619. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2619. Penalties.

§ 2619. Penalties. (a) The Commissioner may, upon finding that any person or organization has violated this chapter, impose a penalty of not more than $500 for each such violation. Upon finding such violation to be wilful, the Commissioner may impose a penalty of not more than $1,000 for each such violation in addition to any other penalty provided by law. (b) The Commissioner may suspend the license of any advisory organization or insurer which fails to comply with an order within the time set by the order or any extension thereof granted by the Commissioner. The Commissioner shall not so suspend a license for failure to comply with an order until time prescribed for appeal therefrom has expired or, if appealed, until such order has been affirmed. The Commissioner may determine the period of a suspension and it shall remain in effect for such period unless modified or rescinded or until the order upon which the suspension is based is modified, rescinded or reversed. (c) Absent a consent decree, no penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the Commissioner stating the Commissioner's findings, made after a hearing held after at least 10 days' written notice to such person or organization specifying the alleged violation. (d) Any party aggrieved by an order or decision of the Commissioner may, within 30 days after receiving the Commissioner's notice, make written request for a hearing. 69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2620. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2620. Appeals from Commissioner.

§ 2620. Appeals from Commissioner. Any order, decision or act of the Commissioner under this chapter is subject to judicial review upon petition of any person aggrieved. The appeal shall be to the Court of Chancery in any county of this State. A petition for review shall be filed within 60 days from notice of the order, decision or act. The commencement of the proceeding shall not affect enforcement or validity of the Commissioner's action unless the Court determines, after notice to the Commissioner, that a stay of enforcement until further direction of the Court will not unduly injure the interests of the public. Section 328(d) through (i) (appeal from the Commissioner) of this title shall apply to such appeals. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2621. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2621. Transition.

§ 2621. Transition. Insurers and the advisory organization are not required to immediately refile rates previously implemented. Any member or subscriber of an advisory organization is authorized to continue to use all rates and deviations filed or approved for its use until the insurer makes its own filing to change its rates, either by making an independent filing or by filing and adopting the advisory organization's prospective loss costs, or modification thereof. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2622. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 26. Workers’ Compensation Rating|§ 2622. Effective date.

§ 2622. Effective date. This chapter shall become effective October 16, 1993. 69 Del. Laws, c. 163, §  1;
18 DE Code § 2901. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2901. Scope of chapter.

§ 2901. Scope of chapter. This chapter, except as to § 2932 of this title, applies only to contracts of life insurance and annuities, other than reinsurance, group life insurance and group annuities. 18 Del. C. 1953, §  2901;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2902. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2902. “Annuity” defined.

§ 2902. “Annuity” defined. For this title an “annuity” is a contract, issued by a person which is not classified by the Internal Revenue Service as exempt from taxation under § 501(c)(3) of the Internal Revenue Code of 1954 [26 U.S.C. § 501(c)(3)], as subsequently amended, under which obligations are assumed as to periodic payments for specific term or terms or where the making or continuance of all or some such payments, or the amount of any such payment, is dependent upon continuance of human life. Such a contract which includes extra benefits of kinds set forth in §§ 902 (“life insurance” defined) and 903 (“health insurance” defined) of this title shall nevertheless be deemed to be an annuity if such extra benefits constitute a subsidiary or incidental part of the entire contract. 18 Del. C. 1953, §  2902;  56 Del. Laws, c. 380, §  1;  64 Del. Laws, c. 155, §  1;
18 DE Code § 2903. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2903. “Industrial life insurance” defined.

§ 2903. “Industrial life insurance” defined. For the purposes of this title “industrial life insurance” is that form of life insurance written under policies of face amount of $1,000 or less bearing the words “industrial policy” imprinted on the face thereof as part of the descriptive matter and under which premiums are payable monthly or more often. 18 Del. C. 1953, §  2903;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2904. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2904. Standard provisions required.

§ 2904. Standard provisions required. (a) No policy of life insurance, other than pure endowments with or without return of premiums or of premiums and interest, shall be delivered or issued for delivery in this State unless it contains in substance all of the applicable provisions required by §§ 2905-2916, inclusive, of this title. This section shall not apply to annuity contracts nor to any provision of a life insurance policy, or contract supplemental thereto, relating to disability benefits or to additional benefits in the event of death by accident or accidental means. (b) Any of such provisions or portions thereof not applicable to single premium or nonparticipating or term policies or insurance granted in exchange for lapsed or surrendered policies shall to that extent not be incorporated therein. 18 Del. C. 1953, §  2904;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2905. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2905. Payment of premiums.

§ 2905. Payment of premiums. There shall be a provision relating to the time and place of payment of premiums. 18 Del. C. 1953, §  2905;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2906. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2906. Grace period.

§ 2906. Grace period. There shall be a provision that a grace period of 30 days or, at the option of the insurer, of 1 month of not less than 30 days, or of 4 weeks in the case of industrial life insurance policies the premiums for which are payable more frequently than monthly shall be allowed within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in full force. The insurer may impose an interest charge not in excess of 6% per annum for the number of days of grace elapsing before the payment of the premium, and, whether or not such interest charge is imposed, if a claim arises under the policy during such period of grace, the amount of any premium due or overdue, together with interest and any deferred installment of the annual premium, may be deducted from the policy proceeds. Grace shall date from the premium due date specified in the policy. 18 Del. C. 1953, §  2906;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2907. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2907. Entire contract.

§ 2907. Entire contract. There shall be a provision that except as otherwise expressly provided by law, the policy and the application therefor, if a copy of such application is endorsed upon or attached to the policy when issued, shall constitute the entire contract between the parties and that all statements contained in the application shall, in the absence of fraud, be deemed representations and not warranties. 18 Del. C. 1953, §  2907;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2908. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2908. Incontestability.

§ 2908. Incontestability. There shall be a provision that the policy shall be incontestable after it has been in force during the lifetime of the insured for a period of not more than 2 years after its date of issue, except for:  (1) Nonpayment of premiums; and (2) At the insurer's option, provisions relating to benefits in the event of total and permanent disability and provisions granting additional benefits specifically against death by accident or accidental means.18 Del. C. 1953, §  2908;  56 Del. Laws, c. 380.;
18 DE Code § 2909. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2909. Misstatement of age.

§ 2909. Misstatement of age. There shall be a provision that if the age of the insured or of any other person whose age is considered in determining the premium or benefit has been misstated, any amount payable or benefit accruing under the policy shall be such as the premium would have purchased at the correct age or ages. 18 Del. C. 1953, §  2909;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2910. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2910. Dividends.

§ 2910. Dividends. (a) There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy, provided the policy is in force and all premiums to that date are paid. Except as hereinafter provided, any dividends becoming payable shall at the option of the party entitled to elect such option be either:  (1) Payable in cash; or (2) Applied to any one of such other dividend options as may be provided by the policy. If any such other dividend options are provided, the policy shall further state which option shall be automatically effective if such party shall not have elected some other option. If the policy specifies a period within which such other dividend option may be elected, such period shall be not less than 30 days following the date on which such dividend is due and payable. The annually apportioned dividend shall be deemed to be payable in cash within the meaning of paragraph (a)(1) of this section above even though the policy provides that payment of such dividend is to be deferred for a specified period, provided such period does not exceed 6 years from the date of apportionment and that interest will be added to such dividend at a specified rate. (b) Renewable term policies of 10 years or less may provide that the surplus accrued to such policies shall be determined and apportioned each year after the second policy year and accumulated during each renewal period and that at the end of the renewal period, on renewal of the policy by the insured, the insurer shall apply the accumulated surplus as an annuity for the next succeeding renewal term in the reduction of premiums. (c) In participating industrial life insurance policies, in lieu of the provision required in subsection (a) of this section above, there shall be a provision that, beginning not later than the end of the fifth policy year, the policy shall participate annually in the divisible surplus, if any, in the manner set forth in the policy. (d) This section does not apply to insurance issued under nonforfeiture provisions of lapsed or surrendered policies. 18 Del. C. 1953, §  2910;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2912. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2912. Table of installments.

§ 2912. Table of installments. In case the policy provides that the proceeds may be payable in installments which are determinable at issue of the policy, there shall be a table showing the amounts of the guaranteed installments. 18 Del. C. 1953, §  2912;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2913. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2913. Reinstatement.

§ 2913. Reinstatement. There shall be a provision that unless:  (1) The policy has been surrendered for its cash surrender value; (2) Its cash surrender value has been exhausted; or (3) The paid-up term insurance, if any, has expired; the policy will be reinstated at any time within 3 years (or 2 years in the case of industrial life insurance policies) from the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all premiums in arrears with interest at a rate not exceeding 6% per annum compounded annually, and the payment or reinstatement of any indebtedness to the insurer upon the policy with interest as provided in § 2911 of this title.18 Del. C. 1953, §  2913;  56 Del. Laws, c. 380, §  1;  63 Del. Laws, c. 399, §  2;
18 DE Code § 2914. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 29. Life Insurance and Annuity Contracts|§ 2914. Payment of claims.

§ 2914. Payment of claims. (a) There shall be a provision that when the benefits under the policy become payable by reason of the death of the insured, settlement must be made upon receipt of due proof of death, which may consist of a certified copy of the insured's death certificate or other lawful evidence providing equivalent information, and, at the insurer's option, surrender of the policy or proof of the interest of the claimant. If an insurer specifies a particular period before the expiration of which settlement must be made, the period may not exceed 30 days from the receipt of such proofs. (b) There shall be a provision for the payment of interest on the death benefit under the policy as follows:  (1) Interest accrues and is payable from the date of the initial filing of the death benefits claim, which includes due proof of death. (2) Interest accrues at the rate applicable to the policy for funds left on deposit or, if the insurer has not established a rate for funds left on deposit, at the 2 year Treasury Constant Maturity Rate as published by the Federal Reserve. In determining the effective annual rate, the insurer shall use the rate in effect on the date of the filing of the initial death benefits claim. (c) Interest accrues at the effective annual rate determined in subsection (b) of this section, plus additional interest at a rate of 10% annually beginning with the date that is 31 calendar days from the latest of paragraphs (c)(1), (2), and (3) of this section to the date the claim is paid, where it is all of the following:  (1) The date that due proof of death is received by the insurer. (2) The date the insurer receives sufficient information to determine its liability, the extent of the liability, and the appropriate payee legally entitled to the proceeds. (3) The date that legal impediments to payments of proceeds that depend on the action of parties other than the insurer are resolved and sufficient evidence of the same is provided to the insurer. For purposes of this paragraph (c)(3), “legal impediments to payments” include the establishment of guardianships and conservatorships; appointments and qualification of trustees, executors, and administrators; and the submission of information required to satisfy state and federal reporting requirements.18 Del. C. 1953, §  2914;  56 Del. Laws, c. 380, §  1;  82 Del. Laws, c. 114, § 1;