reglab/housing_qa huggingface dataset:
18 DE Code § 4213. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4213. Prevention of insolvencies.

§ 4213. Prevention of insolvencies. To aid in the detection and prevention of insurer insolvencies:  (1) The Board of Directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. a., b. [Repealed.] (2) The Board of Directors may, at the conclusion of any domestic insurer insolvency in which the Association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based upon the information available to the Association and submit such report to the Commissioner. (3) It shall be the duty of the Commissioner to report to the board of directors when the Commissioner has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to the policyholders or the public. (4) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public documents. (5) The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. (6) The board of directors shall, at the conclusion of any insurer insolvency in which the Association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the Association, and submit such report to the Commissioner.18 Del. C. 1953, §  4213;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  9;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 337, § 5;
18 DE Code § 4214. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4214. Examination of the Association.

§ 4214. Examination of the Association. The Association shall be subject to examination and regulation by the Commissioner. The Board of Directors shall submit, not later than June 30 of each year, a financial report for the preceding calendar year in a form approved by the Commissioner. 18 Del. C. 1953, §  4214;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  10;
18 DE Code § 4215. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4215. Tax exemption.

§ 4215. Tax exemption. The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real or personal property. 18 Del. C. 1953, §  4215;  57 Del. Laws, c. 437.;
18 DE Code § 4216. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4216. Recognition of assessments in rates.

§ 4216. Recognition of assessments in rates. The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the Association by the member insurer less any amounts returned to the member insurer by the Association, and such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer. 18 Del. C. 1953, §  4216;  57 Del. Laws, c. 437.;
18 DE Code § 4217. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4217. Immunity.

§ 4217. Immunity. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the Board of Directors or the Commissioner or the Commissioner's representatives for any action or any failure to act taken by them in the performance of their powers and duties under this chapter. Neither shall the Association, its officers, agents and employees be subject to any claim for damages for bad faith. 18 Del. C. 1953, §  4217;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  11;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4218. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4218. Stay of proceedings; reopening of default judgments.

§ 4218. Stay of proceedings; reopening of default judgments. (a) All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this State shall be stayed for 120 days from the date the insolvency is determined, and for such time thereafter as may be determined by the court, to permit a proper defense by the Association of all pending causes of actions. As to any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the Association, either on its own behalf or on behalf of such insured, may apply to have such judgment, order, decision, verdict or finding set aside by the same court or administrator that made such judgment, order, decision, verdict or finding and shall be permitted to defend against such claim on the merits. (b) The liquidator, receiver, or statutory successor of an insolvent insurer covered by this title shall permit access by the board or its authorized representative to such of the insolvent insurer's records which are necessary for the board in carrying out its functions under this chapter with regard to covered claims. The liquidator, receiver, or statutory successor shall provide the board of directors or its representative with copies of such records upon request by the board and at the expense of the board. 18 Del. C. 1953, §  4218;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  12;  81 Del. Laws, c. 337, § 6;
18 DE Code § 4219. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4219. Recoupment of assessment.

§ 4219. Recoupment of assessment. (a) Unless a longer period has been allowed by the Commissioner, a member insurer shall at its option have the right to show a certificate of contribution as an asset in the form approved by the Commissioner at percentages of the original face amount approved by the Commissioner, for calendar years as follows:  (1) One hundred percent for the calendar year of issuance; (2) Eighty percent for the first calendar year after the year of issuance; (3) Sixty percent for the second calendar year after the year of issuance; (4) Forty percent for the third calendar year after the year of issuance; (5) Twenty percent for the fourth calendar year after the year of issuance. (b) The insurer may offset the amount written off by it in a calendar year under subsection (a) of this section above, against its premium tax liability to this State accrued with respect to business transacted in such year. (c) Any sums acquired by refund from the Association which have theretofore been written off by contributing insurers and offset against premium taxes as provided above, and are not then needed for purposes of this chapter, shall be paid by the Association to the Commissioner and deposited by the Commissioner with the State Treasury for credit to the General Fund of this State. (d) To the extent amounts have been written off under subsection (c) of this section above, § 4216 of this title shall not apply. 63 Del. Laws, c. 395, §  3;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4220. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4220. Preferred creditor status.

§ 4220. Preferred creditor status. Repealed by 64 Del. Laws, c. 193, § 3, effective July 19, 1983.
18 DE Code § 4221. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4221. Access to assets of insolvent insurer; application for court approval of plan to disburse assets.

§ 4221. Access to assets of insolvent insurer; application for court approval of plan to disburse assets. Repealed by 68 Del. Laws, c. 112, § 13, effective July 5, 1991.
18 DE Code § 4223. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 42. Delaware Insurance Guaranty Association Act|§ 4223. Applicability.

§ 4223. Applicability. Unless otherwise provided by this chapter, 68 Del. Laws, c. 112 shall apply retroactively and/or retrospectively to all incomplete matters having arisen or arising under the Delaware Insurance Guaranty Association Act (this chapter). 68 Del. Laws, c. 112, §  14;
18 DE Code § 4401. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4401. Short title.

§ 4401. Short title. This chapter shall be known and may be cited as the “Delaware Life and Health Insurance Guaranty Association Act.” 63 Del. Laws, c. 442, §  1;
18 DE Code § 4402. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4402. Purpose.

§ 4402. Purpose. The purpose of this chapter is to protect, subject to certain limitations, the persons specified in § 4403(a) of this title against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in § 4403(b) of this title, because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts. To provide this protection, an association of member insurers is created to pay benefits and to continue coverage as limited in this chapter, and members of the Association are subject to assessment to provide funds to carry out the purpose of this chapter. 63 Del. Laws, c. 442, §  1;  68 Del. Laws, c. 55, §  1;  82 Del. Laws, c. 113, § 1;
18 DE Code § 4404. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4404. Construction.

§ 4404. Construction. This chapter shall be liberally construed to effect the purpose under § 4402 of this title which shall constitute and aid and guide to interpretation. 63 Del. Laws, c. 442, §  1;
18 DE Code § 4406. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4406. Delaware Life and Health Insurance Guaranty Association — Created; accounts; supervision.

§ 4406. Delaware Life and Health Insurance Guaranty Association — Created; accounts; supervision. (a) There is created a nonprofit legal entity to be known as the Delaware Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the Association as a condition of their authority to transact insurance, managed care organization, or health maintenance organization business in this State. The Association shall perform its functions under the plan of operation established and approved under § 4410 of this title, and shall exercise its powers through a Board of Directors established under § 4407 of this title. For purposes of administration and assessment, the Association shall maintain 2 accounts:  (1) The life insurance and annuity account, which includes the following subaccounts:  a. Life insurance account; b. Annuity account, which shall include annuity contracts owned by a governmental retirement plan (or its trustee) established under § 401, §  403(b) or § 457 of the United States Internal Revenue Code [26 U.S.C. § 401, § 403(b) or § 457], but shall otherwise exclude unallocated annuities; and c. Unallocated annuity account, which shall exclude contracts owned by a governmental retirement benefit plan (or its trustee) established under § 401, § 403(b) or § 457 of the United States Internal Revenue Code [26 U.S.C. § 401, § 403(b) or § 457]. (2) The health account. (b) The Association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this State. 63 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 547, §  2;  73 Del. Laws, c. 327, §  3;  82 Del. Laws, c. 113, § 4;
18 DE Code § 4407. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4407. Delaware Life and Health Insurance Guaranty Association — Board of Directors.

§ 4407. Delaware Life and Health Insurance Guaranty Association — Board of Directors. (a) The Board of Directors of the Association shall consist of not less than 5 nor more than 9 member insurers serving terms as established in the plan of operation. The members of the Board shall be selected by member insurers subject to the approval of the Commissioner. Vacancies on the Board shall be filled for the remaining period of the term by a majority vote of the remaining Board members, subject to the approval of the Commissioner. To select the initial Board of Directors, and initially organize the Association, the Commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to 1 vote in person or by proxy. If the Board of Directors is not selected within 60 days after notice of the organizational meeting, the Commissioner may appoint the initial members. (b) In approving selections or in appointing members to the Board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented. (c) Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board of Directors but members of the Board shall not otherwise be compensated by the Association for their services. 63 Del. Laws, c. 442, §  1;
18 DE Code § 4410. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4410. Plan of operation.

§ 4410. Plan of operation. (a) (1) The Association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the Association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner. (2) If the Association fails to submit a suitable plan of operation within 180 days following July 23, 1982, or if at any time thereafter the Association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate this chapter. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the Association and approved by the Commissioner. (b) All member insurers shall comply with the plan of operation. (c) The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:  (1) Establish procedures for handling the assets of the Association; (2) Establish the amount and method of reimbursing members of the Board of Directors under § 4407 of this title; (3) Establish regular places and times for meetings of the Board of Directors; (4) Establish procedures for records to be kept of all financial transactions of the Association, its agents and the Board of Directors; (5) Establish the procedures whereby selections for the Board of Directors will be made and submitted to the Commissioner; (6) Establish any additional procedures for assessments under § 4409 of this title; (7) Contain additional provisions necessary or proper for the execution of the powers and duties of the Association; (8) Establish procedures whereby a Director may be removed for cause, including the case where a member insurer Director becomes an impaired or insolvent insurer; and (9) Require the Board of Directors to establish policy and procedures for addressing conflicts of interest. (d) The plan of operation may provide that any or all powers and duties of the Association, except those under §§ 4408(l)(3) and 4409 of this title, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this Association, or its equivalent, in 2 or more states. Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the Association and shall be paid for its performance of any function of the Association. A delegation under this subsection shall take effect only with the approval of both the Board of Directors and the Commissioner, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this chapter. 63 Del. Laws, c. 442, §  1;  77 Del. Laws, c. 215, §  11;
18 DE Code § 4411. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4411. Duties and powers of Commissioner.

§ 4411. Duties and powers of Commissioner. In addition to the duties and powers enumerated elsewhere in this chapter:  (1) The Commissioner shall:  a. Upon request of the Board of Directors, provide the Association with a statement of the premiums in the appropriate states for each member insurer; b. When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the impaired insurer to promptly comply with such demand shall not excuse the Association from the performance of its powers and duties under this chapter; and c. In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator. If a foreign or alien member insurer is subject to a liquidation proceeding in its domiciliary jurisdiction or state of entry, the Commissioner shall be appointed conservator. (2) The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. Alternatively, the Commissioner may levy a forfeiture of any insurer which fails to pay an assessment when due. Such forfeiture shall not exceed 5% of the unpaid assessment per month, but no forfeiture shall be less than $100 per month. (3) A final action of the Board of Directors or the Association may be appealed to the Commissioner by a member insurer if the appeal is taken within 60 days of its receipt of notice of the final action being appealed. A final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this State that apply to the actions or orders of the Commissioner. (4) The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.63 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 547, §  5;  73 Del. Laws, c. 327, §  6;  82 Del. Laws, c. 113, § 6;
18 DE Code § 4413. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4413. Credits for assessments paid.

§ 4413. Credits for assessments paid. (a) A member insurer may offset against its premium tax liability to this State an assessment described in § 4409(h) of this title to the extent of 20 percent of the amount of such assessment for each of the 5 calendar years following the year in which such assessment was paid. If a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business. (b) Any sums acquired by refund, under § 4409(f) of this title, from the Association which have theretofore been written off by contributing insurers and offset against premium, franchise, or income taxes as provided in subsection (a) of this section and are not then needed for purposes of this chapter, shall be paid by the Association to the Commissioner and deposited by the Commissioner with the State Treasurer for credit to the General Fund of this State. 63 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 113, § 8;
18 DE Code § 4415. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4415. Annual reports by Board.

§ 4415. Annual reports by Board. The Association shall be subject to examination and regulation by the Commissioner. The Board of Directors shall submit to the Commissioner, not later than May 1 of each year, a financial report for the preceding calendar year in a form approved by the Commissioner and a report of its activities during the preceding calendar year. 63 Del. Laws, c. 442, §  1;
18 DE Code § 4416. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4416. Tax status of Association.

§ 4416. Tax status of Association. The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real property. 63 Del. Laws, c. 442, §  1;
18 DE Code § 4417. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4417. Immunity.

§ 4417. Immunity. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the Association or its agents or employees, members of the Board of Directors or the Commissioner or the Commissioner's representatives, for any action taken by them in the performance of their powers and duties under this chapter. Such immunity shall extend to the participation in any organization of 1 or more other state associations of similar purposes and to any such organization and its agents or employees. 63 Del. Laws, c. 442, §  1;  68 Del. Laws, c. 55, §  6;  70 Del. Laws, c. 186, §  1;
18 DE Code § 4418. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 44. Delaware Life and Health Insurance Guaranty Association Act|§ 4418. Stay of proceedings; reopening default judgments.

§ 4418. Stay of proceedings; reopening default judgments. All proceedings in which the insolvent insurer is a party in any court in this State shall be stayed 180 days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the Association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict or finding based on default the Association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits. 63 Del. Laws, c. 442, §  1;  77 Del. Laws, c. 215, §  13;