reglab/housing_qa huggingface dataset:
18 DE Code § 1920. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1920. Surplus line brokers; licensing.

§ 1920. Surplus line brokers; licensing. (a) No individual is required to be licensed pursuant to this chapter as a surplus lines broker if the home state of the insured is a state other than Delaware. (b) The penalty in Chapter 17 of this title for selling, soliciting, negotiating, or procuring surplus lines insurance in this State without a surplus lines license shall be waived if the Insurance Commissioner receives an application for licensure as a surplus lines broker within 45 days from the effective date of a multi-state policy for which this State is the insured's home state. (c) Any individual, while licensed in this State as a resident or nonresident producer, who is deemed by the Commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker. (d) Application for the license shall be made to the Commissioner on forms as designated by the Commissioner. (e) The license fee shall be as specified in § 701 of this title. (f) The license and licensee shall be subject to the applicable provisions of Chapter 17 of this title. (g) For the purposes of implementing the NRRA [Nonadmitted and Reinsurance Reform Act of 2010, 15 U.S.C. § 8201 et seq.], the Commissioner shall participate in the National Insurance Producer Database of the NAIC or any other equivalent national database for the licensure and license renewal of surplus lines brokers on and after July 21, 2012. 18 Del. C. 1953, §  1912;  56 Del. Laws, c. 380, §  1;  73 Del. Laws, c. 69, §  1;  78 Del. Laws, c. 176, §  2;
18 DE Code § 1921. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1921. Suspension, revocation, of broker's license.

§ 1921. Suspension, revocation, of broker's license. (a) Subject to § 1712 of this title, the Commissioner may also suspend or revoke any surplus line broker's license:  (1) If the broker fails to file the annual statement as required by § 1924 of this title, or to remit the tax as required by § 1925 of this title; or (2) If the broker fails to keep the records, or to allow the Commissioner to examine his or her records as required by this law; or (3) If the broker places a surplus line coverage in an insurer other than as authorized under subchapter III of this chapter; or (4) For violation of any provision of this chapter; or (5) For any cause for which an insurance license could be denied, revoked, suspended or renewal refused under Chapter 17 of this title. (b) The procedures provided by Chapter 17 of this title for suspension or revocation of licenses shall apply to suspension or revocation of a surplus lines broker's license. (c) Upon suspending or revoking the broker's surplus lines license the Commissioner shall also suspend or revoke all other licenses of or as to the same individual under this title. 18 Del. C. 1953, §  1913;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 176, §  2;
18 DE Code § 1922. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1922. Broker may compensate agents and other licensed producers.

§ 1922. Broker may compensate agents and other licensed producers. A licensed surplus lines broker may accept and place surplus lines business for any insurance producer licensed in this State for the kind of insurance involved, and may compensate the producer for the business. 18 Del. C. 1953, §  1914;  56 Del. Laws, c. 380, §  1;  78 Del. Laws, c. 176, §  2;
18 DE Code § 1923. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1923. Records of broker.

§ 1923. Records of broker. (a) Each broker shall keep in his or her office a full and true record of each surplus lines coverage procured by him or her for a home state insured, including a copy of each daily report, if any, a copy of each certificate of insurance issued by him or her, and such of the following items as may be applicable:  (1) Verification that the insured is a Delaware home state insured; (2) Whether or not a policy is a single-state policy or a multi-state policy; (3) Verification that a commercial insured qualifies under the provisions of § 1914 of this title; (4) Amount of the insurance; (5) Gross premium charged; (6) Return premium paid, if any; (7) Rate of premium charged upon the several items of property; (8) Effective date of the contract and the terms thereof; (9) Name and address of each insurer on the direct risk and the proportion of the entire risk assumed by such insurer if less than the entire risk; (10) Name and address of the insured; (11) Brief general description of the property or risk insured and where located or to be performed; (12) A tax allocation spreadsheet detailing the portion of premium attributable to properties, risks, or exposures located in each state; (13) Other information as may be required by the Commissioner; and (14) A written statement on a form prescribed by the Commissioner as to the diligent effort to place the coverage with admitted insurers as set forth in § 1912 of this title and the results of that effort, except where the transaction is pursuant to § 1912(c)(2) or § 1914 of this title. The written statement must be open to public inspection. The written statement must affirm that the insured was expressly advised in writing prior to placement of the insurance that:  a. The surplus lines insurer with whom the insurance was to be placed is not licensed in this State and is not subject to the State's supervision; and b. In the event of the insolvency of the surplus lines insurer, losses will not be paid by the State Insurance Guaranty Fund. (b) The broker's record shall be open to examination by the Commissioner at all times within 5 years after issuance of the coverage to which it relates. (c) After notice and hearing, the Commissioner may promulgate reasonable rules and regulations specifying the manner and type of records to be maintained by surplus lines brokers and the location or locations where those records shall be kept. 18 Del. C. 1953, §  1915;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 69, §  2;  78 Del. Laws, c. 176, §  2;  80 Del. Laws, c. 30, §  2;
18 DE Code § 1924. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1924. Annual statement of broker.

§ 1924. Annual statement of broker. (a) Unless the Commissioner determines that more frequent reporting is necessary, each broker shall on or before March 1 of each year file with the Commissioner a statement verified by the broker of all surplus lines insurance transacted by him or her during the preceding calendar year. (b) The statement shall be on forms as prescribed by the Commissioner and shall contain an account of the business done by the surplus lines broker placing business for a home state insured, showing:  (1) Gross amount of each kind of insurance transacted; (2) Total amount of gross premiums charged for business conducted; (3) Total amount of gross premiums charged for single state risks where 100% of the premium is attributable to risks in Delaware; (4) Total amount of gross premiums charged for multi-state risks and the percentage of premium allocated to Delaware and each other state; (5) Aggregate of returned premiums paid to insureds; (6) Aggregate of net premiums; (7) The amount of gross premiums of all business procured by him or her covering risks as described in § 705 of this title in the City of Wilmington, in the County of New Castle outside the City of Wilmington, in Kent County and in Sussex County, including allocation of the portion of the gross premiums for coverage types listed in § 705 of this title and allocable to each of the above geographic areas. (8) Additional information as required by the Commissioner. (c) For purposes of this section, “business done” or “business transacted” means all surplus lines insurance business conducted by the surplus lines broker for a home state insured. If 2 or more persons licensed as surplus lines brokers are involved in placing a policy, only the one who is responsible for negotiating, effecting the placement, and remitting the premium to the nonadmitted insurer or its representatives, shall be considered transacting business. 18 Del. C. 1953, §  1916;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 176, §  2;
18 DE Code § 1925. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1925. Tax on surplus lines.

§ 1925. Tax on surplus lines. (a) The Commissioner shall ensure that reasonable measures are developed to recover insurance taxes and other amounts due this State during each year. (b) Every surplus lines broker shall collect and pay to the State Treasurer through the Commissioner a 3 percent tax on the gross premiums charged, less any returned premiums and exclusive of sums collected to cover federal and state taxes and examination fees, for insurance placed or procured under his or her surplus lines license in which this State is the home state of the insured. (c) For the purposes of this section, if a surplus lines policy procured through a surplus lines broker covers properties, risks, or exposures only partially located or to be performed in this State, but this State is the home state of the insured, all premium for the policy shall be considered written on properties, risks, or exposures located or to be performed in this State. (d) The tax on any portion of the premium unearned at termination of insurance having been credited by the State to the surplus lines producer must be returned to the policyholder directly by the surplus lines producer. The surplus lines producer is prohibited from rebating, for any reason, any part of the tax. (e) Annually, on or before March 1, unless more frequent reporting and payment is ordered by the Commissioner, each surplus lines broker shall pay the premium tax due according to subsection (b) of this section for the policies written during the preceding calendar year as shown by his or her annual statement filed with the Commissioner pursuant to § 1924 of this title. Payment shall accompany such forms and shall be made in such manner as is prescribed by the Commissioner. (f) One-third of the funds received by the Insurance Commissioner in accordance with the provisions of subsection (b) of this section shall be paid to the State Treasurer and shall be set aside as a special fund to provide funding for health insurance premiums for retired county and municipal police and firefighters as authorized in § 1928(a)(1) of this title. These funds shall be paid out by the State Treasurer to the Board of Pension Trustees. The State Treasurer shall determine the total number of state, county and municipal police from an annual registry in accordance with § 709(a) of this title, and shall make distribution proportionately and on a per capita basis, to the Board of Pension Trustees. 18 Del. C. 1953, §  1917;  56 Del. Laws, c. 380, §  1;  66 Del. Laws, c. 382, §  6;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 176, §  3;  79 Del. Laws, c. 373, §  1;
18 DE Code § 1926. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1926. Independently procured insurance.

§ 1926. Independently procured insurance. (a) Any person whose home state is this State may directly procure or directly renew insurance with a nonadmitted insurer, as defined in § 1904 of this title, without the involvement of a surplus lines licensee, on a risk located or to be performed, in whole or in part, in this State. (b) Each insured whose home state is this State that independently procures or continues or renews insurance with a nonadmitted insurer on properties, risks, or exposures located or to be performed in whole or in part in this State, other than insurance procured through a surplus lines broker, is subject to the same tax reporting requirements under this chapter as apply to a surplus lines broker. (c) On or before March 1 each year, the insured that independently procures insurance must file a written report with the Commissioner, upon forms prescribed by the Commissioner, showing the name and address of the insured or insureds, name and address of the insurer, the subject of the insurance, a general description of the coverage, the amount of premium currently charged, and additional pertinent information reasonably requested by the Commissioner. (d) At the time of filing the report required in subsection (b) of this section, the insured shall pay to the State Treasurer through the Commissioner a tax at the same rate and in the same manner as surplus lines brokers, as required in § 1925(e) of this title. 78 Del. Laws, c. 176, §  3;
18 DE Code § 1927. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1927. Failure to file statement or remit tax; penalty.

§ 1927. Failure to file statement or remit tax; penalty. (a) If any broker fails to file his or her annual statement or fails to remit the tax as required in §§ 1924 and 1925 of this title, or if any insured who independently procured insurance fails to file the report and remit the tax provided by § 1926 of this title prior to or on the date the tax is due, and, if in the Commissioner's opinion such failure is without just cause, he or she shall be liable for a fine of $25 for each day of delinquency commencing with the first day after the tax is due. (b) The tax may be collected by distraint, or the tax and fine may be recovered by an action instituted by the Commissioner in any court of competent jurisdiction. (c) Any fine collected by the Commissioner shall be paid to the State Treasurer and credited to the General Fund. 18 Del. C. 1953, §  1918;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 176, §  3;
18 DE Code § 1928. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter II. Surplus Lines Insurance|§ 1928. Distribution of proceeds of special revenue for benefit of police retiree health insurance [For application of this section, see 79 Del. Laws, c. 373, § 3].

§ 1928. Distribution of proceeds of special revenue for benefit of police retiree health insurance [For application of this section, see 79 Del. Laws, c. 373, § 3]. (a) (1) The payments to the Board of Pension Trustees referred to in § 1925(f) of this title for a county or municipality that has elected to participate in the state-administered County and Municipal Police/Firefighter Pension Plan in accordance with Chapter 88 of Title 11, shall be deposited into a special fund, to be managed by the State Board of Pension Trustees, to provide health insurance premiums for retired county and municipal police and firefighters. The State Board of Pension Trustees shall allocate the funds deposited in this special fund on an annual basis to provide up to 80% of the cost of retiree health insurance contingent on the availability of funds. The retiree's premium would be the difference between the total cost and what is available from the special fund. (2) The payments to the Board of Pension Trustees referenced in § 1925(f) of this title for the State Police shall be deposited into the Other Post-Employment Benefits Fund (OEPB) established by § 5281 of Title 29, to provide for the State's health insurance premiums for retired State Police. (b) Any funds on deposit in this special fund, including accumulated income, shall revert to the General Fund, if such funds are not utilized for retiree health insurance within 5 years from the date of deposit into the special fund. 79 Del. Laws, c. 373, §  2;
18 DE Code § 1931. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter III. Nonadmitted Insurers|§ 1931. Minimum financial eligibility standards for surplus line insurers.

§ 1931. Minimum financial eligibility standards for surplus line insurers. (a) The Commissioner may consider a surplus lines insurer to be eligible if the nonadmitted insurer:  (1) If a United States domestic insurer has capital and surplus or its equivalent under the laws of its domiciliary jurisdiction which equals the greater of:  a. 1. The minimum capital and surplus requirements under the law of this State; or 2. Fifteen million dollars. b. The requirements of this paragraph (a)(1) may be satisfied by an insurer possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the Commissioner. The finding must be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. The Commissioner may not make an affirmative finding of acceptability when the nonadmitted insurer's capital and surplus is less than $4,500,000; or (2) The insurer is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the NAIC if the insurer is not domiciled in the United States or its territories. (b) This section shall not be deemed to require the Commissioner to determine the actual financial condition or claims practices of any nonadmitted insurer; and the status of eligibility shall indicate only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the Commissioner has no credible evidence to the contrary. 78 Del. Laws, c. 176, §  4;
18 DE Code § 1932. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter III. Nonadmitted Insurers|§ 1932. Domestic surplus lines insurers.

§ 1932. Domestic surplus lines insurers. (a) A Delaware domestic insurer possessing policyholder surplus of at least $15,000,000 may, pursuant to a resolution by its board of directors, and with the written approval of the Insurance Commissioner, be designated as a domestic surplus lines insurer. Such insurers may write surplus lines insurance in any jurisdiction, including this State. (b) In this State, a Delaware domestic surplus lines insurer may only insure a Delaware risk when such coverage is procured pursuant to this chapter governing surplus lines insurance, and the premium shall be subject to surplus lines premium tax pursuant to § 1917 of this title. (c) A domestic surplus lines insurer may not issue a policy designed to satisfy the motor vehicle financial responsibility requirements of this State (§ 2118(c) of Title 21), the Workers' Compensation Act (§ 2372(a) of Title 19), or any other law of this State mandating insurance coverage by a licensed insurance company. (d) A domestic surplus lines insurer must agree to abide by all the requirements of this chapter, and all other requirements of the Delaware Code applicable to Delaware domestic insurers, unless otherwise exempted. The provisions of Chapters 42 and 44 of this title will not apply to a domestic surplus lines insurer. 78 Del. Laws, c. 176, §  4;
18 DE Code § 1933. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter III. Nonadmitted Insurers|§ 1933. Withdrawal of eligibility as a surplus lines insurer.

§ 1933. Withdrawal of eligibility as a surplus lines insurer. (a) If at any time the Commissioner has reason to believe that a nonadmitted insurer currently eligible as a surplus lines insurer:  (1) Is in unsound financial condition or has acted in an untrustworthy manner; or (2) No longer meets the requirements for eligibility set forth in § 1931 of this title; or (3) Has wilfully violated the laws of this State; or (4) Does not conduct a proper claims practice; the Commissioner may declare such insurer no longer an eligible surplus lines insurer, upon notice and hearing. (b) The Commissioner shall promptly mail notice of any such declaration to the regulatory authority of the domiciliary jurisdiction of the insurer. The Commissioner shall also publish notice of all such declarations electronically. 78 Del. Laws, c. 176, §  4;
18 DE Code § 1934. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter III. Nonadmitted Insurers|§ 1934. Legal process against surplus line insurer.

§ 1934. Legal process against surplus line insurer. (a) A nonadmitted insurer shall be sued, upon any cause of action arising in this State under any contract issued by it as a surplus line contract pursuant to this law, in the Superior Court of this State. (b) Service of legal process against the insurer may be made in any such action by service of 2 copies thereof upon the Commissioner and payment of the service of process fee specified in § 701 of this title. The Commissioner shall forthwith mail a copy of the process served to the person designated by the insurer in the policy for the purpose by prepaid registered or certified mail with return receipt requested. If no such person is so designated in the policy, the Commissioner shall in like manner mail a copy of the process to the broker through whom such insurance was procured, or to the insurer at its principal place of business, addressed to the address of the broker or insurer, as the case may be, last of record with the Commissioner. Upon service of process upon the Commissioner and mailing of the same in accordance with this provision, the Court shall be deemed to have jurisdiction in personam of the insurer. (c) A nonadmitted insurer issuing such policy shall be deemed thereby to have authorized service of process against it in the manner and to the effect as provided in this section. Any such policy shall contain a provision stating the substance of this section and designating the person to whom the Commissioner shall mail process as provided in subsection (b) of this section. 18 Del. C. 1953, §  1919;  56 Del. Laws, c. 380, §  1;  78 Del. Laws, c. 176, §  4;
18 DE Code § 1935. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter III. Nonadmitted Insurers|§ 1935. Requirements for eligible surplus lines insurers.

§ 1935. Requirements for eligible surplus lines insurers. (a) An eligible surplus lines insurer shall furnish at least annually to the Commissioner an annual financial statement in a form acceptable to the Commissioner. (b) An eligible surplus lines insurer shall pay annual fees pursuant to § 701 of this title. (c) The requirements for rate and form filing contained in this title shall not apply to surplus lines insurance. 18 Del. C. 1953, §  1907;  56 Del. Laws, c. 380, §  1;  57 Del. Laws, c. 351;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 176, §  4;
18 DE Code § 1936. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter III. Nonadmitted Insurers|§ 1936. Application and qualifications for approval.

§ 1936. Application and qualifications for approval. (a) The Commissioner shall from time to time publish a list of surplus lines insurers deemed by him or her eligible to place business on Delaware risks currently. (b) No foreign or alien insurer shall become listed as a surplus lines insurer eligible in Delaware unless a completed application as prescribed by the Commissioner is received and the insurer has paid the application fee pursuant to § 701 of this title. 78 Del. Laws, c. 176, §  4;  70 Del. Laws, c. 186, §  1;