reglab/housing_qa huggingface dataset:
18 DE Code § 408. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 408. Group membership; termination; liability.

§ 408. Group membership; termination; liability. (a) An employer joining a workers' compensation self-insurance group after the group has been issued a certificate of authority shall:  (1) Submit an application for membership to the board of trustees or its administrator; and (2) Enter into the indemnity agreement required by § 404(b)(5) of this title. Membership takes effect no earlier than each member's date of approval. The application for membership and its approval shall be maintained as permanent records of the board of trustees. (b) Individual members of a group shall be subject to cancellation by the group pursuant to the by-laws of the group. In addition, individual members may elect to terminate their participation in the group. The group shall notify the Commissioner and the workers' compensation agency of the termination or cancellation of a member within 10 days and shall maintain coverage of each canceled or terminated member for 30 days after notice, at the terminating member's expense, unless the group is notified sooner by the workers' compensation agency that the canceled or terminated member has procured workers' compensation insurance, has become an approved self-insurer or has become a member of another group. (c) The group shall pay all workers' compensation benefits for which each member incurs liability during its period of membership. A member who elects to terminate its membership or is canceled by a group remains jointly and severally liable for workers' compensation obligations of the group and its members which were incurred during the canceled or terminated member's period of membership. (d) A group member is not relieved of its workers' compensation liabilities incurred during its period of membership except through payment by the group or the member of required workers' compensation benefits. (e) The insolvency or bankruptcy of a member does not relieve the group or any other member of liability for the payment of any workers' compensation benefits incurred during the insolvent or bankrupt member's period of membership. 70 Del. Laws, c. 540, §  1;
18 DE Code § 409. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 409. Service companies.

§ 409. Service companies. (a) No service company or its employees, officers or directors shall be an employee, officer or director of, or have either a direct or indirect financial interest in, an administrator. No administrator or its employees, officer or directors shall be an employee, officer or director of, or have either a direct or indirect financial interest in, a service company. (b) The service contract shall state that, unless the Commissioner permits otherwise, the service company shall handle, to their conclusion, all claims and other obligations incurred during the contract period. 70 Del. Laws, c. 540, §  1;
18 DE Code § 410. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 410. Licensing of agent.

§ 410. Licensing of agent. Except for a salaried employee of a group, its administrator or its service company, any person soliciting membership for a workers' compensation self-insurance group must be licensed as provided in Chapter 17 of this title. 70 Del. Laws, c. 540, §  1;
18 DE Code § 411. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 411. Financial statements and other reports.

§ 411. Financial statements and other reports. (a) Each group shall submit to the Commissioner a statement of financial condition audited by an independent certified public accountant on or before the last day of the sixth month following the end of the group's fiscal year. The financial statement shall be on a form prescribed by the Commissioner and shall include, but not be limited to, actuarially appropriate reserves for:  (1) Known claims and expenses associated therewith; (2) Claims incurred but not reported and expenses associated therewith; (3) Unearned premiums; and (4) Bad debts, which reserves shall be shown as liabilities. (b) An actuarial opinion regarding reserves for:  (1) Known claims and expenses associated therewith; and (2) Claims incurred but not reported and expenses associated therewith shall be included in the audited financial statement. The actuarial opinion shall be given by a member of the American Academy of Actuaries or other qualified loss reserve specialist as defined in the annual statement adopted by the National Association of Insurance Commissioners. (c) No person shall make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, in connection with the solicitation of membership in a group. (d) The Commissioner may prescribe the format and frequency of other reports which may include, but shall not be limited to, payroll audit reports, summary loss reports and quarterly financial statements. 70 Del. Laws, c. 540, §  1;
18 DE Code § 412. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 412. Taxes.

§ 412. Taxes. Groups shall be subject to subchapter V of Chapter 23 of Title 19 for the payment of premium tax. 70 Del. Laws, c. 540, §  1;
18 DE Code § 413. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 413. Fees and assessments.

§ 413. Fees and assessments. Groups shall be subject to subchapter V of Chapter 23 of Title 19 for the payment of fees and assessments. 70 Del. Laws, c. 540, §  1;
18 DE Code § 414. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 414. Misrepresentation prohibited.

§ 414. Misrepresentation prohibited. No person shall make a material misrepresentation or omission of a material fact in connection with the solicitation of membership of a group nor violate any provision of Chapters 17 and 23 of this title or any regulations thereunder. 70 Del. Laws, c. 540, §  1;
18 DE Code § 415. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 415. Investments.

§ 415. Investments. Funds not needed for current obligations may be invested by the board of trustees in accordance with Chapters 11 and 13 of this title. 70 Del. Laws, c. 540, §  1;
18 DE Code § 416. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 416. Rates and reporting of rates.

§ 416. Rates and reporting of rates. (a) Every workers' compensation self-insurance group shall file and adhere to rates, rules and classifications pursuant to Chapter 26 of this title. (b) Premium contributions to the group shall be determined by applying the rates and rules to the appropriate classification of each member which may be adjusted by each member's experience credit or debit. Subject to approval by the Commissioner, premium contributions may also be reduced by an advance premium discount reflecting the group's expense levels and loss experience. (c) A group may contract with an advisory organization approved by the Commissioner for assistance in developing appropriate rates. (d) Each group shall be audited at least annually by an auditor acceptable to the Commissioner to verify proper classifications, experience rating, payroll and rates. A report of the audit shall be filed with the Commissioner in a form acceptable to the Commissioner. A group or any member thereof may request a hearing on any objections to the classifications. If the Commissioner determines that, as a result of an improper classification, a member's premium contribution is insufficient, the commissioner shall order the group to assess that member an amount equal to the deficiency. If the Commissioner determines that, as a result of an improper classification, a member's premium is excessive, the commissioner shall order the group to refund to the member the excess collected. The audit shall be at the expense of the group. 70 Del. Laws, c. 540, §  1;
18 DE Code § 417. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 417. Refunds.

§ 417. Refunds. (a) Any moneys for a fund year in excess of the amount necessary to fund all obligations for that fund year may be declared to be refundable by the board of trustees not less than 12 months after the end of the fund year with the Commissioner's approval. (b) Each member shall be given a written description of the refund plan at the time of application for membership. A refund for any fund year shall be paid only to those employers who remain participants in the group for the entire fund year. Payment of a refund based on a previous fund year shall not be contingent on continued membership in the group after that fund year. 70 Del. Laws, c. 540, §  1;
18 DE Code § 418. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 418. Premium payment; reserves.

§ 418. Premium payment; reserves. (a) Each group shall establish to the satisfaction of the Commissioner a premium payment plan which shall include:  (1) An initial payment by each member of at least 25% of that member's annual premium before the start of the group's fund year; and (2) Payment of the balance of each member's annual premium in monthly or quarterly installments. (b) Each group shall establish and maintain actuarially appropriate loss reserves which shall include reserves for:  (1) Known claims and expenses associated therewith; and  (2) Claims incurred but not reported and expenses associated therewith. (c) Each group shall establish and maintain bad debt reserves based on the historical experience of the group or other groups. 70 Del. Laws, c. 540, §  1;
18 DE Code § 419. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 419. Deficits and insolvencies.

§ 419. Deficits and insolvencies. (a) If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required of it under this chapter, it shall forthwith make up the deficiency or levy an assessment upon its members for the amount needed to make up the deficiency. (b) In the event of a deficiency in any fund year, the deficiency shall be made up immediately, either from:  (1) Surplus from a fund year other than the current fund year; (2) Administrative funds; (3) Assessment of the membership, if ordered by the group; or (4) Such alternate method as the Commissioner may approve or direct. The Commissioner shall be notified prior to any transfer of surplus funds from 1 fund year to another. (c) If the group fails to assess its members or to otherwise make up such deficit within 30 days, the Commissioner may order it to do so. (d) If the group fails to make the required assessment of its members within 30 days after the Commissioner orders it do so, or if the deficiency is not fully made up within 60 days after the date on which the assessment is made or within such longer period of time as may be specified by the Commissioner, the group shall be deemed to be insolvent or impaired. (e) Notwithstanding subsections (a) through (d) of this section, the Commissioner may at any time proceed against an insolvent group in the same manner as the Commissioner would proceed against an insolvent or impaired domestic insurer in this State as prescribed in Chapter 59 of this title. The Commissioner shall have the same powers and limitations in such proceedings as are provided under those laws. (f) In the event of delinquency proceedings against a group, the Commissioner may levy an assessment upon its members for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the group, including the reasonable cost of liquidation or rehabilitation. 70 Del. Laws, c. 540, §  1;
18 DE Code § 420. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 420. Guaranty mechanism.

§ 420. Guaranty mechanism. In the event of a liquidation pursuant to § 419 of this title, after exhausting the security required pursuant to § 404(b)(2) of this title, the Commissioner may levy an assessment against all groups to assure prompt payment of benefits. The assessment on each group shall be based on the proportion that the premium of each group bears to the total premium of all groups. The Commissioner may exempt a group from assessment upon finding that the payment of the assessment would render the group insolvent. The assessment shall not relieve any member of an insolvent group of its joint and several liability. After an assessment is made, the Commissioner shall take action to enforce the joint and several liability provisions of the insolvent group's indemnity agreement, and shall recoup:  (1) All costs incurred by the Commissioner in enforcing such joint and several liability provisions; (2) Amounts that the Commissioner assessed any other groups pursuant to this section; and (3) Any obligations included within § 419(f) of this title.70 Del. Laws, c. 540, §  1;
18 DE Code § 421. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 421. Monetary penalties.

§ 421. Monetary penalties. After notice and opportunity for a hearing, the Commissioner may impose a monetary penalty on any person or group found to be in violation of any provision of this chapter or title or of any rules or regulations pursuant to § 329 of this title and Chapter 101 of Title 29. The amount of any monetary penalty shall be paid to the Commissioner for the use of the State. 70 Del. Laws, c. 540, §  1;
18 DE Code § 422. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 422. Cease and desist orders.

§ 422. Cease and desist orders. (a) After notice and opportunity for a hearing, unless there are exigent circumstances, the Commissioner may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be in violation of any provision of this chapter or title or of any rules or regulations promulgated thereunder. Unless there are exigent circumstances, a minimum of 10 days' notice will be provided prior to a hearing. If exigent circumstances are present, the person or group will be offered a hearing within 10 days after the issuance of the order. (b) Upon a finding, after notice and opportunity for a hearing, that any person or group has violated any cease and desist order, the Commissioner may do any or all of the following:  (1) Impose a monetary penalty of not more than $15,000, in the case of an individual, or not more than $50,000, in the case of a group or corporation, for each and every act or violation of the order; or (2) Revoke or suspend the group's certificate of authority or any insurance license held by the person; or (3) Place the group or person under supervision; or (4) Permanently enjoin the conduct or enter any remedial order.70 Del. Laws, c. 540, §  1;
18 DE Code § 423. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 423. Revocation of certificate of authority.

§ 423. Revocation of certificate of authority. (a) After notice and opportunity for a hearing, the Commissioner may revoke or suspend a group's certificate of authority if it:  (1) Is found to be insolvent or impaired; (2) Fails to pay any premium tax, regulatory fee or assessment or special fund contribution imposed upon it; or (3) Fails to comply with any of the provisions of this chapter and title or with any rules promulgated thereunder or with any lawful order of the Commissioner within the time prescribed. (b) In addition, the Commissioner may revoke or suspend a group's certificate of authority if, after notice and opportunity for hearing, the Commissioner finds that:  (1) Any certificate of authority that was issued to the group was obtained by fraud; (2) There was a material misrepresentation in the application for the certificate of authority; or (3) The group or its administrator has misappropriated, converted, illegally withheld or refused to pay over upon proper demand any moneys that belong to a member, an employee of a member or a person otherwise entitled thereto and that have been entrusted to the group or its administrator in its fiduciary capacities.70 Del. Laws, c. 540, §  1;
18 DE Code § 424. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 424. Notice and hearings.

§ 424. Notice and hearings. All notices and hearings shall be as provided in Chapter 3 of this title and Chapter 101 of Title 29. 70 Del. Laws, c. 540, §  1;
18 DE Code § 425. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 4. Workers’ Compensation Self-Insurance Groups|§ 425. Rules and regulations.

§ 425. Rules and regulations. The Commissioner shall have power to make rules and regulations in order to implement this chapter. 70 Del. Laws, c. 540, §  1;
18 DE Code § 501. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 501. “Stock insurer” defined.

§ 501. “Stock insurer” defined. A “stock insurer” is an incorporated insurer with its capital divided into shares and owned by its stockholders. Unless otherwise provided, the insurance department or division of a corporation established under Chapter 7 of Title 5 (but not the corporation itself) shall be deemed to be a stock insurer for purposes of this title, even though it has no capital divided into shares and owned by stockholders. 18 Del. C. 1953, §  501;  56 Del. Laws, c. 380, §  1;  67 Del. Laws, c. 223, §  18;
18 DE Code § 502. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 502. “Mutual” insurer defined.

§ 502. “Mutual” insurer defined. A “mutual” insurer is an incorporated insurer without capital stock and the governing body of which is elected by its policyholders. This definition shall not be deemed to exclude as “mutual” insurers certain foreign insurers found by the Commissioner to be organized on the mutual plan under the laws of their states of domicile but having temporary share capital or providing for election of the insurer's governing body on a reasonable basis. 18 Del. C. 1953, §  502;  56 Del. Laws, c. 380, §  1;
18 DE Code § 503. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 503. “Reciprocal” insurer defined.

§ 503. “Reciprocal” insurer defined. A “reciprocal” insurer is an unincorporated aggregation of subscribers operating individually and collectively through an attorney-in-fact common to all such persons to provide reciprocal insurance among themselves. 18 Del. C. 1953, §  503;  56 Del. Laws, c. 380, §  1;
18 DE Code § 504. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 504. “Charter” defined.

§ 504. “Charter” defined. “Charter” means certificate of incorporation, articles of incorporation, articles of agreement, articles of association, charter granted by legislative act or other basic constituent document of a corporation or the power of attorney of the attorney-in-fact of a reciprocal insurer. 18 Del. C. 1953, §  504;  56 Del. Laws, c. 380, §  1;
18 DE Code § 506. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 506. Exceptions to certificate of authority requirement.

§ 506. Exceptions to certificate of authority requirement. A certificate of authority shall not be required of an insurer with respect to the following:  (1) Investigation, settlement or litigation of claims under its policies lawfully written in this State or liquidation of assets and liabilities of the insurer (other than collection of new premiums), all as resulting from its former authorized operations in this State; (2) Transactions thereunder subsequent to issuance of a policy covering only subjects of insurance not resident, located or expressly to be performed in this State at time of issuance and lawfully solicited, written and delivered outside this State; (3) Prosecution or defense of suits at law; (4) Transactions pursuant to surplus lines coverages lawfully written under Chapter 19 of this title; (5) Reinsurance, except as to domestic reinsurers; (6) Underwriting-membership in a regulated insurance exchange. (7) An automobile club so long as its activities are restricted to those defined in § 1707(b)(4) of this title.18 Del. C. 1953, §  506;  56 Del. Laws, c. 380, §  1;  62 Del. Laws, c. 192, §  1;  75 Del. Laws, c. 49, §  4;
18 DE Code § 507. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 5. Authorization of Insurers and General Requirements|§ 507. General eligibility for certificate of authority.

§ 507. General eligibility for certificate of authority. To qualify for and hold authority to transact insurance in this State, an insurer must be otherwise in compliance with this title and with its charter powers and must be an incorporated stock or mutual insurer or a reciprocal insurer of the same general type as may be formed as a domestic insurer under this title, except that:  (1) No foreign insurer shall be authorized to transact insurance in this State which does not maintain reserves as required by Chapter 11 (Assets and Liabilities) of this title, as applicable to the kind or kinds of insurance transacted by such insurer wherever transacted in the United States, or which transacts business anywhere in the United States on the assessment plan or stipulated premium plan or any similar plan; (2) No insurer shall be authorized to transact workers' compensation insurance in this State unless approved by the Department of Labor of this State under the provisions of Part II of Title 19; (3) No insurer shall be authorized to transact a kind of insurance in this State unless duly authorized or qualified for authorization to transact such insurance in the state or country of its domicile.18 Del. C. 1953, §  507;  56 Del. Laws, c. 380, §  1;  71 Del. Laws, c. 84, §  25;