reglab/housing_qa huggingface dataset:
18 DE Code § 6861. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VII. Compensation for Health Care Injuries|§ 6861. Advance payment; evidence thereof.

§ 6861. Advance payment; evidence thereof. (a) Any advance payment made by a defendant health care provider or the provider's insurer to or for a plaintiff or any other person shall not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else in an action brought for health care medical negligence. (b) Evidence of an advance payment shall not be admissible unless there is a final judgment in favor of the plaintiff, in which event the Court shall reduce the judgment to the plaintiff to the extent of the advance payment. The advance payment shall inure to the exclusive credit of the defendant or the defendant's insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the Court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of costs. In no case shall an advance payment in excess of an award be repayable by the person receiving it. 60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
18 DE Code § 6862. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VII. Compensation for Health Care Injuries|§ 6862. Collateral source.

§ 6862. Collateral source. In any medical negligence action for damages because of property damage or bodily injury, including death resulting therefrom, there may be introduced, and if introduced, the trier of facts shall consider evidence of: (1) Any and all facts available as to any public collateral source of compensation or benefits payable to the person seeking such damages (including all sums which will probably be paid payable to such person in the future) on account of such property damage or bodily injury; and (2) any and all changes, including prospective changes, in the marital, financial or other status of any persons seeking or benefiting from such damages known to the parties at the time of trial; provided, however, this section shall not be applicable to life insurance or private collateral sources of compensation or benefits. 60 Del. Laws, c. 373, §  1;  71 Del. Laws, c. 373, §  3;
18 DE Code § 6863. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VII. Compensation for Health Care Injuries|§ 6863. Nonassignability of claims.

§ 6863. Nonassignability of claims. A claim for compensation under this chapter is not assignable; provided, however, that rights of subrogation shall not be deemed to constitute assignment. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6864. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VII. Compensation for Health Care Injuries|§ 6864. Periodic payments; reduction of awards in event of certain contingencies.

§ 6864. Periodic payments; reduction of awards in event of certain contingencies. (a) Where a person recovers a judgment against a health-care provider, the Court may, after making a determination as to the amount of such judgment which was awarded as compensation for future pain and suffering, if any, the amount of such judgment awarded for future expenses of care of the injured party made necessary by reason of the injury involved, if any, and the amount of such judgment awarded as compensation for any other future damages, if any, direct that:  (1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover the plaintiff's attorney's fees, expenses related to the litigation, expenses incurred for past health-care and pain and suffering incurred as of the date of said payment; (2) The remainder of the award shall be paid to the plaintiff in equal or unequal monthly installments to be fixed by the Court for a period of time to be fixed by the Court; provided, however, that in addition thereto, medical expenses incurred and paid by plaintiff not otherwise reimbursed shall also be paid to plaintiff from the undistributed portion of the award; (3) Each monthly installment shall, in addition, include a payment of interest on the then unpaid balance at a rate to be fixed by the Court. (b) If a plaintiff receiving installment payments of a judgment shall die before the expiration of a 20-year period from the date of the award, and prior to the receipt by the plaintiff or on the plaintiff's behalf of all such installment payments, the Court shall deduct from the total of the installment payments then remaining unpaid the amount thereof representing compensation for future pain and suffering and future expenses of care made necessary by the injury involved, shall cause the balance of all such installments after such deduction to be paid to the estate of the plaintiff so dying and shall cause such judgment to be marked satisfied. (c) If the plaintiff receiving installment payments shall die after the expiration of a 20-year period from the date of the award, then the payment shall automatically terminate as of the date of the plaintiff's death. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6865. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VII. Compensation for Health Care Injuries|§ 6865. Limitation on attorneys' fees.

§ 6865. Limitation on attorneys' fees. (a) The amount of the claimant's attorneys' fees may not exceed the amounts in the following schedule:  (1) 35% of the first $100,000 of damages; (2) 25% of the next $100,000 of damages; (3) 10% of the balance of any awarded damages. (b) Notwithstanding subsection (a) of this section, a claimant has the right to elect to pay for the attorneys' services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment. 60 Del. Laws, c. 373, §  1;
18 DE Code § 6870, 6871. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 68. Health-Care Medical Negligence Insurance and Litigation|Subchapter VIII. Study Commission|§ 6870, 6871. Study Commission; submission of reports and proposed legislation.

§ 6870, 6871. Study Commission; submission of reports and proposed legislation. Repealed by 67 Del. Laws, c. 105, § 1, effective July 12, 1989.
18 DE Code § 6901. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6901. Finding; purpose.

§ 6901. Finding; purpose. (a) It is determined and declared as a matter of legislative finding that captive insurance companies can serve a valuable risk management function, and that their responsible utilization and the growth of the captive insurance industry in the State of Delaware are in the best interests of this State. (b) It is further determined and declared that the purpose and policy of this chapter shall be:  (1) To provide for the regulation of captive insurance companies consistent with their nature and purpose; (2) To provide flexibility and opportunity to captive insurance companies and to persons utilizing them; and (3) To foster economic development in this State through the growth of the captive insurance industry.75 Del. Laws, c. 150, §  1;
18 DE Code § 6904. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6904. Company name.

§ 6904. Company name. No captive insurance company shall adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for, any other existing business name registered in this State. 64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;
18 DE Code § 6905. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6905. Minimum capital and surplus; letter of credit.

§ 6905. Minimum capital and surplus; letter of credit. (a) No captive insurance company shall be issued a certificate of authority unless it shall possess and thereafter maintain capital and surplus of:  (1) In the case of a pure captive insurance company, not less than $250,000; (2) In the case of an association captive insurance company, not less than $750,000; (3) In the case of an industrial insured captive insurance company, not less than $500,000; (4) In the case of an agency captive insurance company, not less than $250,000; (5) In the case of a risk retention group, not less than $1,000,000; (6) In the case of a sponsored captive insurance company, not less than $500,000; (7) In the case of a special purpose captive insurance company, not less than $250,000 or such other amount determined by the Commissioner; (8) In the case of a branch captive insurance company, not less than $250,000 or such other amount determined by the Commissioner; (9) In the case of a special purpose financial captive insurance company that is also a sponsored captive insurance company, not less than $500,000, and in the case of a special purpose financial captive insurance company that is not also a sponsored captive insurance company, not less than $250,000; and (10) In the case of a series captive insurance company, the minimum capital and surplus shall be an amount as specified by the Commissioner. (b) In connection with the issuance of a certificate of authority, the Commissioner may prescribe additional minimum capital and surplus based upon the type, volume, and nature of insurance business transacted. (c) Minimum capital and surplus described in paragraphs (a)(1)-(9) of this section shall be maintained in this State and may be in the form of cash, an irrevocable letter of credit issued by a financial institution chartered by or licensed or otherwise authorized to do banking business in this State, or by any other financial institution approved by the Commissioner, or such other assets as may be approved by the Commissioner. (d) Notwithstanding the foregoing, the minimum capital and surplus funds may be proceeds received by the captive insurance company resulting from the issuance by the captive insurance company of a surplus note as approved by the Commissioner. 64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;  76 Del. Laws, c. 161, §§  4, 5;  77 Del. Laws, c. 252, §§  6, 7;  80 Del. Laws, c. 46, §  7;
18 DE Code § 6907. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6907. Annual reports.

§ 6907. Annual reports. (a) Captive insurance companies shall not be required to make any annual report to the Commissioner except as provided in this chapter. (b) Prior to April 15 of each year, each captive insurance company other than a branch captive insurance company for which the Commissioner has waived any of the requirements of this section pursuant to § 6974 of this title, shall submit to the Commissioner a report of its financial condition, verified by oath of 2 of its executive officers or authorized persons. Each captive insurance company shall report using generally accepted accounting principles, unless the Commissioner approves the use of statutory accounting principles or international accounting standards, with any appropriate or necessary modifications or adaptations thereof required or approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner. Any captive insurance company whose use of statutory accounting principles is approved by the Commissioner may make such modifications and adaptations thereof as are necessary:  (1) To record, as “admitted,” the full value of all investments by such captive insurance company permitted under this chapter; and (2) Subject to the Commissioner's approval, to make its reports under this section consistent with the purposes of this chapter. The Commissioner shall by rule propose the forms in which captive insurance companies shall report. (c) Any captive insurance company may make written application to the Commissioner for filing the required report on a fiscal year-end. If an alternative reporting date is granted by the Commissioner:  (1) The annual report is due 60 days after the fiscal year-end; and (2) In order to provide sufficient detail to support the premium tax return, the captive insurance company shall file prior to April 15 of each year for each calendar year-end such form or information as the Commissioner shall by rule prescribe, verified by oath of 2 of its executive officers or other authorized persons.64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;  77 Del. Laws, c. 252, §  10;  81 Del. Laws, c. 251, § 1;
18 DE Code § 6908. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6908. Examinations and investigations.

§ 6908. Examinations and investigations. At least once in 3 years, and whenever the Commissioner determines it to be prudent, the Commissioner or the Commissioner's examiner shall personally visit each captive insurance company and thoroughly inspect and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations and its compliance with the provisions of this chapter. The Commissioner may enlarge the aforesaid 3-year period to 5 years, provided said captive insurance company is subject to a comprehensive annual audit during such period of a scope satisfactory to the Commissioner by independent auditors approved by the Commissioner. The expenses and charges of the examination shall be paid to this State by the company or companies examined. 64 Del. Laws, c. 454, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 150, §  1;  80 Del. Laws, c. 46, §  9;
18 DE Code § 6910. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6910. Legal investments; management of assets.

§ 6910. Legal investments; management of assets. (a) Association captive insurance companies, special purpose captive insurance companies, series captive insurance companies, and risk retention groups shall comply with:  (1) The investment requirements contained in Chapter 13 of this title, as applicable; or (2) Such investment requirements as may be approved by the Commissioner upon application by any such captive insurance company. (b) No pure captive insurance company, industrial insured captive insurance company, agency captive insurance company, special purpose financial captive insurance company or branch captive insurance company shall be subject to any restrictions on allowable investments whatsoever, including those limitations contained in this title; provided, however, that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such captive insurance company. (c) Loans of minimum capital and surplus funds required by § 6905 of this title are prohibited. Notwithstanding the foregoing, the minimum capital and surplus funds may be received by the issuance by the captive insurance company of a surplus note as approved by the Commissioner. (d) Subject to subsections (a) and (b) of this section and § 6937 of this title, as applicable, a captive insurance company may own securities of or other interests in another captive insurance company, whether voting or nonvoting. 64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;  76 Del. Laws, c. 161, §  8;  77 Del. Laws, c. 252, §  11;  80 Del. Laws, c. 46, §  10;
18 DE Code § 6911. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6911. Reinsurance.

§ 6911. Reinsurance. (a) Any captive insurance company may provide reinsurance, on risks ceded by any other insurer, in accordance with § 910 of this title. (b) With the exception of a risk retention group, any captive insurance company may take credit or a reduction from liability for the reinsurance of risks or portions of risks ceded to reinsurers in accordance with subchapter III of Chapter 9 of this title, or as otherwise approved by the Commissioner. (c) A risk retention group may take credit or a reduction from liability for the reinsurance of risks or portions of risks ceded to reinsurers only in accordance with subchapter III of Chapter 9 of this title. 64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;  78 Del. Laws, c. 321, §  1;
18 DE Code § 6912. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6912. Rating organization membership.

§ 6912. Rating organization membership. No captive insurance company shall be required to join a rating organization. 64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;
18 DE Code § 6913. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6913. Prohibited associations.

§ 6913. Prohibited associations. No captive insurance company shall be permitted to join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in this State, nor shall any such captive insurance company, or any insured or affiliate thereof, receive any benefit from any such plan, pool, association or guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. 64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;
18 DE Code § 6915. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6915. Rules and regulations; in general.

§ 6915. Rules and regulations; in general. The Commissioner may establish and from time to time amend such rules and regulations relating to captive insurance companies as are necessary to enable the Commissioner to carry out the provisions of this chapter. 64 Del. Laws, c. 454, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 150, §  1;
18 DE Code § 6915A. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6915A. Exemption from rules and regulations; special purpose captive insurance companies.

§ 6915A. Exemption from rules and regulations; special purpose captive insurance companies. The Commissioner, on a case by case basis, may by order exempt a special purpose captive insurance company from the provisions of this chapter and any rule or regulation established by the Commissioner pursuant to § 6915 of this title that, as reasonably determined by the Commissioner based on such factors deemed relevant by the Commissioner consistent with the purposes of this chapter, are inappropriate to apply to such special purpose captive insurance company. 75 Del. Laws, c. 150, §  1;
18 DE Code § 6916. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6916. Applicable laws.

§ 6916. Applicable laws. (a) Only the following provisions of this title apply to a captive insurance company:  (1) Chapter 3 of this title, except for § § 331, 332, and 333 of this title. (2) Sections 2702, 2703, 2706, and 2716 of this title. (3) This chapter. (4) Provisions of this title specifically referenced in this chapter. (b) Subchapter V of Chapter 11, Chapters 16, 16A, 18, 50, 58 and § 909 of this title shall apply to risk retention groups. 64 Del. Laws, c. 454, §  1;  75 Del. Laws, c. 150, §  1;  78 Del. Laws, c. 321, §  2[1];  79 Del. Laws, c. 90, §  1;  80 Del. Laws, c. 46, §  11[2];  83 Del. Laws, c. 50, § 4;
18 DE Code § 6917. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6917. Captive insurance regulatory and supervision fund.

§ 6917. Captive insurance regulatory and supervision fund. (a) There is hereby created a fund to be known as the captive insurance regulatory and supervision fund for the purpose of providing the financial means for the Commissioner to administer this chapter. All of the tax under § 6914 of this title and all other amounts received by the Department pursuant to this chapter shall be credited to this fund. (b) At the end of each fiscal year, the balance in the captive insurance regulatory and supervision fund, in excess of such amount reasonably necessary to finance the Commissioner's administration of this chapter during the upcoming fiscal year, shall be transferred to the General Fund. (c) Within 30 days after the end of each fiscal year, the Commissioner shall submit to the Secretary of Finance of this State a written report stating:  (1) The total amount of taxes and other amounts paid to the Department pursuant to this chapter during such fiscal year, and the total amount of the Commissioner's costs and expenses to administer this chapter during such fiscal year; and (2) The Commissioner's estimate of the total amount of the Commissioner's costs and expenses to administer this chapter during the current fiscal year.75 Del. Laws, c. 150, §  1;
18 DE Code § 6918. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6918. Delinquency.

§ 6918. Delinquency. To the extent not inconsistent with this chapter, the provisions of Chapter 59 of this title shall apply to captive insurance companies licensed under this chapter (including for this purpose individual protected cells of sponsored captive insurance companies as set forth in § 6938 of this title). 75 Del. Laws, c. 150, §  1;
18 DE Code § 6919. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6919. Rules for controlled unaffiliated business.

§ 6919. Rules for controlled unaffiliated business. The Commissioner may adopt rules establishing standards to ensure that a pure captive insurance company's parent or any of its affiliated companies is able to exercise control of the risk management function of any controlled unaffiliated business to be insured by the pure captive insurance company; provided, however, that, until such time as rules under this section are adopted, the Commissioner may approve the coverage of such risks by a pure captive insurance company, on a case by case basis. 75 Del. Laws, c. 150, §  1;
18 DE Code § 6920. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 69. Captive Insurance Companies|Subchapter I. General Provisions|§ 6920. Confidentiality.

§ 6920. Confidentiality. All portions of license applications reasonably designated confidential by or on behalf of an applicant captive insurance company, all information and documents, and any copies of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner pursuant to subchapter III of this chapter of this title that are reasonably designated confidential by or on behalf of a special purpose financial captive insurance company, and all examination reports, preliminary examination reports, working papers, recorded information, other documents, and any copies of any of the foregoing, produced or obtained by or submitted or disclosed to the Commissioner that are related to an examination pursuant to this chapter must, unless the prior written consent (which may be given on a case-by-case basis) of the captive insurance company to which it pertains has been obtained, be given confidential treatment, are not subject to subpoena, may not be made public by the Commissioner, and may not be provided or disclosed to any other person at any time except:  (1) To the insurance department of any state or of any country or jurisdiction other than the United States of America; or (2) To a law-enforcement official or agency of this State, any other state or the United States of America so long as such official or agency agrees in writing to hold it confidential and in a manner consistent with this section.75 Del. Laws, c. 150, §  1;  76 Del. Laws, c. 161, §  10;