reglab/housing_qa huggingface dataset:
18 DE Code § 8011. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8011. Administrative and procedural authority regarding risk retention groups and purchasing groups.

§ 8011. Administrative and procedural authority regarding risk retention groups and purchasing groups. The Commissioner is authorized to make use of any of the powers established under the Insurance Code of this State to enforce the laws of this State not specifically preempted by the Risk Retention Act of 1986 [15 U.S.C. § 3901 et seq.] including the Commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings or litigation, the Commissioner can rely on the procedural laws of this State. The injunctive authority of the Commissioner, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8012. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8012. Duty of agents or brokers to obtain license.

§ 8012. Duty of agents or brokers to obtain license. (a) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance in this State from a risk retention group unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with Chapter 17 of this title. (b) Purchasing groups. — (1) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance in this State for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with Chapter 17 of this title. (2) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance coverage in this State for any member of a purchasing group under a purchasing group's policy unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with Chapter 17 of this title. (3) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance from an insurer not authorized to do business in this State on behalf of a purchasing group located in this State unless such person, firm, association or corporation is licensed as a surplus lines agent or excess line broker in accordance with Chapter 17 of this title. (c) For purposes of acting as an agent or broker for a risk retention group or purchasing group pursuant to subsections (a) and (b) of this section, the requirement of residence in this State shall not apply. (d) Every person, firm, association or corporation licensed pursuant to Chapter 17 of this title, on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice required by § 8004(7) of this title in the case of a risk retention group and § 8009(c) of this title in the case of a purchasing group. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8013. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8013. Binding effect of orders issued in United States District Court.

§ 8013. Binding effect of orders issued in United States District Court. An order issued by any District Court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state (or in all states or in any territory or possession of the United States) upon a finding that such a group is in hazardous financial or financially impaired condition shall be enforceable in the courts of the State. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8014. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 80. Risk Retention Act|§ 8014. Rules and regulations.

§ 8014. Rules and regulations. The Commissioner may establish and from time to time amend such rules relating to risk retention groups as may be necessary or desirable to carry out the provisions of this chapter. 68 Del. Laws, c. 57, §  1;
18 DE Code § 8301. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8301. Purpose [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8301. Purpose [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. The purpose of this chapter is to regulate the use of credit information for personal insurance, so that consumers are afforded certain protections with respect to the use of such information. 81 Del. Laws, c. 108, § 1;
18 DE Code § 8302. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8302. Scope [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8302. Scope [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. This chapter applies to all policies of automobile, motorcycle, boat and personal watercraft, recreational vehicle, homeowners, mobile-homeowners, manufactured homeowners insurance, and noncommercial dwelling fire insurance issued by an insurer for personal or family protection.  76 Del. Laws, c. 175, §  1;  81 Del. Laws, c. 108, § 1;
18 DE Code § 8303. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8303. Definitions [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8303. Definitions [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. As used in this chapter:  (1) “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of personal insurance. (2) “Affiliate” means any company that controls, is controlled by, or is under common control with another company. (3) “Applicant” means an individual who has applied to be covered by a personal insurance policy with an insurer. (4) “Consumer” means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or an applicant for such a policy. (5) “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (6) “Credit information” means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related shall not be considered “credit information,” regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score. (7) “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement. (8) “Insurance score” means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.76 Del. Laws, c. 175, §  1;  81 Del. Laws, c. 108, § 1;
18 DE Code § 8305. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8305. Extraordinary life circumstances [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8305. Extraordinary life circumstances [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. (a) Notwithstanding any other law or regulation, an insurer that uses credit information shall, on written request from an applicant for insurance coverage or an insured, provide reasonable exceptions to the insurer's rates, rating classifications, company or tier placement, or information that has been directly influenced by any of the following events:  (1) Catastrophic event, as declared by the federal or state government. (2) Serious illness or injury, or serious illness or injury to an immediate family member. (3) Death of a spouse, child, or parent. (4) Divorce or involuntary interruption of legally-owed alimony or support payments. (5) Identity theft. (6) Temporary loss of employment for a period of 3 months or more, if it results from involuntary termination. (7) Military deployment overseas. (8) Other events, as determined by the insurer. (b) If an applicant or insured submits a request for an exception as set forth in subsection (a) of this section, an insurer may, in its sole discretion, but is not mandated to do any of the following:  (1) Require the consumer to provide reasonable written and independently verifiable documentation of the event. (2) Require the consumer to demonstrate that the event had direct and meaningful impact on the consumer's credit information. (3) Require such request be made no more than 60 days from the date of the application for insurance or the policy renewal. (4) Grant an exception despite the consumer not providing the initial request for an exception in writing. (5) Grant an exception where the consumer asks for consideration of repeated events or the insurer has considered this event previously. (c) An insurer is not out of compliance with any law or rule relating to underwriting, rating, or rate filing as a result of granting an exception under this section. Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section. (d) The insurer shall provide notice to consumers that reasonable exceptions are available and information about how the consumer may inquire further. (e) Within 30 days of the insurer's receipt of sufficient documentation of an event described in subsection (a) of this section, the insurer shall inform the consumer of the outcome of the request for a reasonable exception. Such communication shall be in writing or provided to an applicant in the same medium as the request. 81 Del. Laws, c. 108, § 1;
18 DE Code § 8306. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8306. Dispute resolution and error correction [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8306. Dispute resolution and error correction [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of such determination from either the consumer reporting agency or from the insured, the insurer shall re-underwrite and rerate the consumer within 30 days of receiving the notice. After re-underwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual policy period. 81 Del. Laws, c. 108, § 1;
18 DE Code § 8308. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8308. Adverse action [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8308. Adverse action [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. If an insurer takes an adverse action based upon credit information, the insurer must meet all of the following notice requirements:  (1) Provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681m(a). (2) Provide notification to the consumer explaining the reason for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. Such notification shall include a description of up to 4 factors that were the primary influences of the adverse action. The use of generalized terms such as “poor credit history,” “poor credit rating,” or “poor insurance score” does not meet the explanation requirements of this paragraph. Standardized credit explanations provided by consumer reporting agencies or other third-party vendors are deemed to comply with this section. (3) If the adverse action is a denial of personal insurance, provide notification that the applicant may inquire further about the credit information on which the denial is based and obtain a free copy of the credit report, the applicant may do so by mailing a written request to the insurer, or other such party as the insurer may identify in the notice, no more than 30 days after the date the notice of refusal was mailed to the applicant. (4) Provide a statement that the consumer reporting agency that provided the credit information upon which the denial was based did not make the denial decision and is unable to provide the applicant the specific reasons for the denial.  (5) If the adverse action is a denial of personal insurance, the notice of denial shall be retained by the insurer and a record of the insurance score, related notice and correspondence with the applicant shall be maintained by the insurer or their vendor for a minimum of 3 years from the date of the denial notification to the applicant. 81 Del. Laws, c. 108, § 1;
18 DE Code § 8309. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8309. Filing [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8309. Filing [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. (a) Insurers that use insurance scores to underwrite and rate risks must file their scoring models with the Commissioner. A third party may file scoring models on behalf of insurers. A filing that includes insurance scoring may include loss experience justifying the use of credit information. (b) Any filing relating to credit information is considered proprietary or trade secret under § 10002(o)(2) of Title 29 or upon the request of the insurer or owner of the document and subject to the confidentiality provisions of § 321(g) of this title.  81 Del. Laws, c. 108, § 1;  83 Del. Laws, c. 65, § 1;
18 DE Code § 8310. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8310. Indemnification; causes of action and defenses [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8310. Indemnification; causes of action and defenses [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an insurer who obtains or uses credit information and/or insurance scores from an independent source, provided the producer follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation. Nothing in this chapter shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section. This chapter shall not create a cause of action for any person or entity, other than the Commissioner, against an insurer or its representative based upon a violation of § 2304(15)c. of this title. In the same manner, nothing in this chapter shall establish a defense for any party to any cause of action based upon a violation of § 2304(15)c. of this title.  76 Del. Laws, c. 175, §  1;  81 Del. Laws, c. 108, § 1;
18 DE Code § 8311. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8311. Sale of policy term information by consumer reporting agency [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8311. Sale of policy term information by consumer reporting agency [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. (a) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such information includes, but is not limited to, the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage. (b) The restrictions provided in subsection (a) of this section do not apply to data or lists the consumer reporting agency supplies to the insurance producer from whom information was received, the insurer on whose behalf such producer acted, or such insurer's affiliates or holding companies. (c) Nothing in this section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report. 81 Del. Laws, c. 108, § 1;
18 DE Code § 8312. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 83. Use of Credit Information in Insurance|§ 8312. Severability [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8312. Severability [For applicability of this section, see 81 Del. Laws, c. 108, §  3]. If any section, paragraph, sentence, clause, phrase, or any part of this chapter is declared invalid due to an interpretation of or a future change in the federal Fair Credit Reporting Act [15 U.S.C. § 1681 et seq.], the remaining sections, paragraphs, sentences, clauses, phrases, or parts thereof shall be in no manner affected thereby but shall remain in full force and effect. 81 Del. Laws, c. 108, § 1;
18 DE Code § 8401. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8401. Short title.

§ 8401. Short title. This chapter may be cited as the “Risk Management and Own Risk and Solvency Assessment (ORSA) Act.” 79 Del. Laws, c. 422, §  1;
18 DE Code § 8402. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8402. Purpose and scope.

§ 8402. Purpose and scope. The purpose of this chapter is to provide the requirements for maintaining a risk management framework and completing an own risk and solvency assessment (ORSA) and provide guidance and instructions for filing an ORSA summary report with the Insurance Commissioner of this State. The requirements of this chapter shall apply to all insurers domiciled in this State unless exempt pursuant to § 8407 of this title. The General Assembly finds and declares that the ORSA summary report will contain confidential and sensitive information related to an insurer or insurance group's identification of risks material and relevant to the insurer or insurance group filing the report. This information will include proprietary and trade secret information that has the potential for harm and competitive disadvantage to the insurer or insurance group if the information is made public. It is the intent of this General Assembly that the ORSA summary report shall be a confidential document filed with the Insurance Commissioner, that the ORSA summary report will be shared only as stated herein and to assist the Insurance Commissioner in the performance of his or her duties, and that in no event shall the ORSA summary report be subject to public disclosure. 79 Del. Laws, c. 422, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 8403. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8403. Definitions.

§ 8403. Definitions. As used in this chapter, unless the context requires otherwise:  (1) “Insurance group.” — For the purpose of conducting an ORSA, the term “insurance group” shall mean those insurers and affiliates included within an insurance holding company system as defined in Chapter 50 of this title. (2) “Insurer.” — The term “insurer” shall have the same meaning as set forth in § 102 of this title, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state. (3) “ORSA Guidance Manual.” — The term “ORSA Guidance Manual” shall mean the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners (NAIC) and as amended from time to time. A change in the ORSA Guidance Manual shall be effective on the January 1 following the calendar year in which the changes have been adopted by the NAIC. (4) “ORSA summary report.” — An “ORSA summary report” shall mean a confidential high-level summary of an insurer or insurance group's ORSA. (5) “Own risk and solvency assessment” or “ORSA.” — An “own risk and solvency assessment” or “ORSA” shall mean a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer or insurance group's current business plan, and the sufficiency of capital resources to support those risks.79 Del. Laws, c. 422, §  1;
18 DE Code § 8404. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8404. Risk management framework.

§ 8404. Risk management framework. An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer. 79 Del. Laws, c. 422, §  1;
18 DE Code § 8405. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 84. Risk Management and Own Risk and Solvency Assessment (Orsa)|§ 8405. ORSA requirement.

§ 8405. ORSA requirement. Subject to § 8407 of this title, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member. 79 Del. Laws, c. 422, §  1;