reglab/housing_qa huggingface dataset:
18 DE Code § 4419. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4419. Advertising.

§ 4419. Advertising. No person, including a member insurer, agent or affiliate of a member insurer shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio station or television station, or in any other way, any advertisement, announcement, or statement which uses the existence of the Insurance Guaranty Association of this State for the purpose of sales, solicitation, or inducement to purchase any form of insurance or other coverage covered by this chapter. Provided, however, that this section shall not apply to the Delaware Life and Health Insurance Guaranty Association or any other entity which does not sell or solicit insurance or coverage by a managed care organization or health maintenance organization.  63 Del. Laws, c. 442, §  1;  82 Del. Laws, c. 113, § 10;
18 DE Code § 4420. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4420. Access to assets of insurer in liquidation; application for court approval of plan to disburse assets.

§ 4420. Access to assets of insurer in liquidation; application for court approval of plan to disburse assets. Repealed by 68 Del. Laws, c. 55, § 7, effective June 25, 1991.
18 DE Code § 4501. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 45. Certificates of Insurance Act|§ 4501. Title.

§ 4501. Title. This chapter may be cited as the “Certificates of Insurance Act.” 79 Del. Laws, c. 217, §  1;
18 DE Code § 4502. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 45. Certificates of Insurance Act|§ 4502. Definitions.

§ 4502. Definitions. For the purpose of this chapter, the following definitions apply:  (1) “Certificate of insurance” means a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverage. The term does not include a policy of insurance, insurance binder, policy endorsement, or automobile insurance identification or information card. (2) “Commissioner” means the Insurance Commissioner of this State. (3) “Insurance producer” means a person required to be licensed under the laws of this State to sell, solicit, or negotiate property or casualty insurance. (4) “Insurer” means any organization that issues property or casualty insurance. (5) “Person” means any individual, partnership, corporation, association, or other legal entity, including any government or governmental subdivision or agency.79 Del. Laws, c. 217, §  1;
18 DE Code § 4503. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 45. Certificates of Insurance Act|§ 4503. Certificate forms.

§ 4503. Certificate forms. (a) The Commissioner shall prohibit the use of a certificate of insurance form if the form:  (1) Is unfair, misleading, or deceptive, or violates public policy; or (2) Violates any law, including any regulation promulgated by the Commissioner of Insurance. (b) A certificate of insurance is not a policy of insurance and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policy to which the certificate of insurance makes reference. A certificate of insurance shall not confer to any person new or additional rights beyond what the referenced policy of insurance expressly provides. 79 Del. Laws, c. 217, §  1;
18 DE Code § 4504. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 45. Certificates of Insurance Act|§ 4504. Limitations on use.

§ 4504. Limitations on use. (a) A person shall not:  (1) Prepare, issue, or request or require the issuance of a certificate of insurance that contains any false or misleading information concerning the policy of insurance to which the certificate of insurance makes reference; or (2) Prepare, issue, request, or require the issuance of a certificate of insurance that purports to affirmatively or negatively alter, amend, or extend the coverage provided by the policy of insurance to which the certificate of insurance makes reference. (b) A certificate of insurance shall not warrant that the policy of insurance referenced in the certificate comply with the insurance or indemnification requirements of a contract, and the inclusion of a contract number or description within a certificate of insurance shall not be interpreted as doing such. 79 Del. Laws, c. 217, §  1;
18 DE Code § 4505. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 45. Certificates of Insurance Act|§ 4505. Notice requirements.

§ 4505. Notice requirements. A person is entitled to notice of cancellation, nonrenewal, or any material change, and to any similar notice concerning a policy of insurance only if the person has such notice rights under the terms of the policy of insurance or any endorsement to the policy. The terms and conditions of the notice are governed by the policy of insurance or endorsement and may not be altered by a certificate of insurance. 79 Del. Laws, c. 217, §  1;
18 DE Code § 4506. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 45. Certificates of Insurance Act|§ 4506. Applicability.

§ 4506. Applicability. (a) The provisions of this chapter shall apply to all certificates of insurance issued in connection with property, operations, or risks located in this State, regardless of where the policyholder, insurer, insurance producer, or person requesting or requiring the issuance of a certificate of insurance is located. (b) A certificate of insurance or any other document or correspondence prepared, issued, requested, or required in violation of this chapter shall be null and void. 79 Del. Laws, c. 217, §  1;
18 DE Code § 4507. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 45. Certificates of Insurance Act|§ 4507. Enforcement and penalties.

§ 4507. Enforcement and penalties. (a) The Commissioner shall have the power to examine and investigate the activities of any person that the Commissioner reasonably believes has been or is engaged in an act or practice prohibited by this chapter. (b) The Commissioner shall have the power to enforce the provisions of this chapter, including the authority to issue orders to cease and desist and to impose a fine of up to $1,000 per violation against any person who violates this chapter. This subsection shall not be construed to limit the Commissioner's authority to investigate, enforce and issue penalties pursuant to any other applicable provision in this title including, without limitation, Chapters 17, 23 and 24 of this title. (c) The Commissioner may adopt reasonable rules and regulations as are necessary or proper to carry out the provisions of this chapter. 79 Del. Laws, c. 217, §  1;
18 DE Code § 4602. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 46. Life-Care Registration Act|§ 4602. Registration.

§ 4602. Registration. No provider shall engage in the business of providing continuing care in this State until it shall have:  (1) Filed a registration statement on a form to be prescribed by the Secretary; (2) Filed with the Secretary the disclosure statement provided for in § 4603 of this title; and (3) Paid a registration fee of $50 to the Secretary; provided, however, a nonprofit continuing care facility as defined in this chapter whose facilities will not accommodate more than 100 residents shall be exempt from the provisions of this chapter, providing the facility annually submits to the Secretary of State a certified audit evidencing qualifications for this exemption. 67 Del. Laws, c. 357, §  1;
18 DE Code § 4604. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 46. Life-Care Registration Act|§ 4604. False information.

§ 4604. False information. (a) No provider shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in a newspaper or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television statement, or in any other way, an advertisement, announcement or statement of any sort containing any assertion, representation or statement which is untrue, deceptive or misleading. (b) No provider shall file with the Secretary or make, publish, disseminate, circulate or deliver to any person or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or delivered to any person or placed before the public, any financial statement which does not accurately state its true financial condition. 67 Del. Laws, c. 357, §  1;
18 DE Code § 4701. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4701. Scope of chapter.

§ 4701. Scope of chapter. This chapter applies as to domestic and foreign insurers of all types, and as to persons providing finances to such insurers. 18 Del. C. 1953, §  4701;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4702. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4702. Solicitation permit required; penalty.

§ 4702. Solicitation permit required; penalty. (a) No person forming or proposing to form an insurer, or insurance holding corporation or corporation to be attorney-in-fact for a reciprocal insurer or proposing to secure funds for the formation or financing of an insurer, or production of insurance business therefor, or an insurance holding corporation or attorney-in-fact corporation of a reciprocal insurer or for the formation of a syndicate, association, firm, partnership or organization for any such purposes, whether domestic or foreign, shall in this State advertise or offer for sale any securities or solicit or receive any funds, subscriptions, applications or membership except as authorized by a currently effective permit (hereinafter sometimes referred to as a “solicitation permit”) issued by the Commissioner. (b) Any person violating this section shall upon conviction thereof be subject to a fine of not more than $10,000 or imprisonment for not more than 10 years, or both. 18 Del. C. 1953, §  4702;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4703. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4703. Insurance holding corporation defined.

§ 4703. Insurance holding corporation defined. Within the intent of this chapter an insurance holding corporation is one owning or proposing to own a controlling stock interest in a stock insurer. Shares owned directly or indirectly by the corporation or by its subsidiary or affiliate corporation, firm or organization or by its officers, directors or principal stockholders shall be deemed to be owned by the corporation for the purposes of this provision. 18 Del. C. 1953, §  4703;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4704. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4704. Exemptions.

§ 4704. Exemptions. Section 4702 of this title shall not apply to:  (1) Sales of securities not involving a public offering, that is, sales on which no commission is payable resulting from offers privately made to not over 20 persons (other than banks, savings associations, investment companies registered as such under the Investment Companies Act of 1940 [15 U.S.C. § 80a-1 et seq.], registered securities dealers, investment houses and other financial institutions) within a 12-month period and where all persons (including such banks, associations, companies, dealers, houses and institutions) so acquiring such securities do so for investment purposes only and not with a view to further distribution. (2) Sales of securities by an insurance holding corporation for purposes which do not include that of financing, directly or indirectly, an insurer. (3) Stock of the insurer or insurance holding corporation to be offered and sold without payment of commission thereon exclusively to directors, employees and agents of the insurer or corporation or any of them under stock options granted pursuant to a written lawful plan therefor adopted by the board of directors and approved by a majority of the stock of the issuer corporation having voting rights, and which plan has been filed with the Commissioner. (4) Securities issued or proposed to be issued pursuant to any merger, consolidation, bulk reinsurance, conversion, mutualization or corporate affiliation approved by the Commissioner pursuant to Chapter 49 of this title. (5) Securities issued in exchange for outstanding securities of the issuer or partly in exchange for such outstanding securities and partly for cash in connection with a recapitalization of the issuer or the exercise of conversion or exchange rights under such outstanding securities. (6) Fractional share interests in stock of the issuer offered and sold for the purpose of rounding out to whole shares in connection with any stock dividend or other distribution of shares to existing security holders of the issuer. (7) Sales of securities of a corporation established under Chapter 7 or regulated under Chapter 9 of Title 5 which maintains an insurance department or division.18 Del. C. 1953, §  4704;  56 Del. Laws, c. 380, §  1;  67 Del. Laws, c. 223, §  30;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4705. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4705. Application for permit.

§ 4705. Application for permit. (a) Written application for any permit required under § 4702 of this title shall be filed with the Commissioner. The application shall show or be accompanied by:  (1) The name, type and purpose of the insurer, corporation, syndicate, association, firm or organization formed or proposed to be formed or financed; (2) The name, residential address, business background and qualifications of each person associated or to be associated in the enterprise or in the formation of the proposed insurer, corporation, syndicate, association, firm or organization or in the proposed financing; (3) Full disclosure of the terms of all pertinent understandings and agreements existing or proposed among persons so associated or to be associated, and a copy of each such agreement relating to the proposed financing or insurer, corporation, syndicate, association, firm or organization or the formation thereof; (4) The plan according to which solicitations are to be made; (5) A copy of any security, receipt or certificate proposed to be issued and a copy of any proposed application or subscription agreement; (6) A copy of any prospectus, offering circular, advertising or sales literature or material proposed to be used; (7) A copy of the proposed form of any escrow agreement required; (8) Irrevocable appointment of the Commissioner as process agent to receive service of process issued in this State and arising out of any transaction under the permit, if issued. The Commissioner shall prescribe and furnish the form of such appointment; (9) A copy of the certificate of incorporation or charter of the insurer or proposed insurer or of any other corporation proposing to offer its securities, certified by the public official having custody of the original thereof, and a copy of any syndicate, association, firm, organization or other similar agreement by whatever name called if funds for any of the purposes referred to in § 4702 of this title are to be secured through the sale of any security, interest or right in or relative to such syndicate, association, firm or organization, and, if the insurer is or is to be a reciprocal insurer, a copy of the power of attorney and of other agreements existing or proposed affecting subscribers, investors, the attorney-in-fact or the insurer; and (10) Such additional pertinent information as the Commissioner may reasonably require. (b) The application shall be accompanied by deposit of the fees required under § 701 (fee schedule) of this title for the filing of the application and for issuance of the permit, if granted. (c) In lieu of a special filing thereof of information called for in subsection (a) of this section, the Commissioner may, in his or her discretion, accept a copy of any pertinent filing made with the Securities and Exchange Commission relative to the same offering. 18 Del. C. 1953, §  4705;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4706. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4706. Application for permit required by § 4702 of this title.

§ 4706. Application for permit required by § 4702 of this title. Written application for any permit required under § 4702 of this title, in connection with the formation of a domestic mutual insurer by the securing of qualifying applications for insurance as provided in § 4905 of this title, shall be filed with the Commissioner. The application shall contain such information and be accompanied by such of the documents and the fees as required under § 4705 of this title as may be applicable and shall be accompanied by:  (1) A copy of the policy for which applications are proposed to be solicited; (2) A copy of the proposed insurance application form, consistent with the requirements of § 4907 (qualifying application for insurance) of this title; (3) A schedule of the premiums or premium rates proposed to be charged in connection with such insurance applications; and (4) A copy of the bylaws of the proposed insurer.18 Del. C. 1953, §  4706;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4707. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4707. Investigation.

§ 4707. Investigation. (a) Upon completion of the application for a permit under §§ 4705 and 4706 of this title, the Commissioner shall promptly cause an investigation to be made of:  (1) The identity, character, reputation, financial standing and motives of the persons proposing to organize or promote and manage the proposed insurer or organization; (2) The character, financial responsibility, insurance management experience and business qualifications of the officers, directors and managers of the insurer or proposed insurer or organization; and (3) Such other aspects of the proposed insurer or financing as the Commissioner deems advisable. (b) The Commissioner may waive such an investigation of an insurer already duly authorized to transact insurance in this State. 18 Del. C. 1953, §  4707;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4708. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4708. Grant, denial of permit.

§ 4708. Grant, denial of permit. (a) The Commissioner shall expeditiously examine an application for a solicitation permit as soon as it is completed and complete the investigation as called for. Subject to subsection (b) of this section below, if the Commissioner finds on such examination and investigation that:  (1) The application is complete; and (2) The documents therewith filed are proper in form; and (3) That the proposed finances are reasonable and adequate in amount for the purposes intended, the Commissioner shall give notice to the applicant that he or she will issue the permit upon the filing of any bond required by § 4713 of this title or deposit required by § 4906 of this title and the filing of an executed copy of any escrow agreement required in connection therewith. (b) If the Commissioner does not so find or finds that:  (1) The proposed sale of securities would be or tend to be unfair or inequitable as to present or proposed security holders or investors; or (2) Any of the individuals associated or to be associated in the insurer, corporation, syndicate, association, firm, organization or financing are not of good reputation as to business affairs; or (3) The insurer or proposed insurer would not be able to qualify for a certificate of authority in this State by virtue of the provisions of § 508(b) of this title, the Commissioner shall give notice to the applicant that a permit will not be granted, stating the particulars of the grounds therefor, and refund to the applicant all sums deposited in connection with the application except the fee for filing the application for a permit. 18 Del. C. 1953, §  4708;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4710. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4710. Permit as inducement.

§ 4710. Permit as inducement. The granting of a solicitation permit is permissive only and shall not constitute an endorsement by the Commissioner of any person or thing related to any such insurer, corporation, syndicate, association, firm, organization or financing nor constitute evidence of the completeness or accuracy of information presented in any prospectus or other sales literature, and the existence of the permit shall not be advertised or used as an inducement in any solicitation. The Commissioner shall place the substance of this section in conspicuous type at the top of each such permit issued. 18 Del. C. 1953, §  4710;  56 Del. Laws, c. 380, §  1;
18 DE Code § 4711. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4711. Prospectus required; other literature.

§ 4711. Prospectus required; other literature. (a) An offering of securities under a solicitation permit shall be made only by a written prospectus delivered to the prospective investor. (b) The prospectus shall make a disclosure of all facts relative to the issuer and the offered security which are reasonably material to the offered investment and shall not omit a material fact necessary to make the statements clear, in the light of the circumstances under which they are made. The Commissioner may make reasonable rules and regulations concerning the form and contents of prospectuses not inconsistent with the provisions of this chapter. (c) The Commissioner may accept, as a compliance with this section, a prospectus or offering circular covering securities to be offered in this State under an existing registration thereof with the Securities and Exchange Commission or under an existing exemption from such registration pursuant to “Regulation A” of the general rules and regulations of the Securities and Exchange Commission under the Securities Act of 1933, as amended [15 U.S.C. § 77a et seq.]. (d) As to securities covered by a solicitation permit, no sales literature or other visual sales material, other than the prospectus or offering circular, shall be used in solicitations unless a copy of the same has been filed with the Commissioner in advance of such use and not disapproved by the Commissioner in writing, mailed or delivered to the filing party within 10 days after the date of such filing. The Commissioner shall disapprove any such literature or material found to be untrue or misleading. This provision shall not be deemed to modify or affect any applicable requirement or prohibition under or pursuant to the Securities Act of 1933 [15 U.S.C. § 77a et seq.], as amended. 18 Del. C. 1953, §  4711;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4712. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 47. Financing of Insurers|§ 4712. Modification or revocation of permit.

§ 4712. Modification or revocation of permit. The Commissioner may, for cause, modify a solicitation permit theretofore issued, or may, after a hearing thereon, revoke the permit for violation of law or of the terms of the permit or any proper order of the Commissioner or for material misrepresentation in the offering or sale of securities or policies under the permit. 18 Del. C. 1953, §  4712;  56 Del. Laws, c. 380, §  1;