reglab/housing_qa huggingface dataset:
18 DE Code § 1941. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter IV. Miscellaneous|§ 1941. Applicability.

§ 1941. Applicability. This chapter shall apply to all nonadmitted insurance business in which this State is the home state of the insured as defined in this chapter. 78 Del. Laws, c. 176, §  5;
18 DE Code § 1943. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter IV. Miscellaneous|§ 1943. Short title.

§ 1943. Short title. This chapter constitutes and may be cited as the “Delaware Nonadmitted Insurance Act.” 78 Del. Laws, c. 176, §  5;
18 DE Code § 1944. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter IV. Miscellaneous|§ 1944. Penalties and violations.

§ 1944. Penalties and violations. (a) Penalties cited in this chapter are not exclusive remedies. In addition to any penalty provided herein, including any suspension, revocation or refusal to renew a license, any person, firm, association or corporation violating any provision of this chapter may also be assessed penalties under § 2308 or § 2411 of this title. (b) Whenever the Commissioner believes, from evidence satisfactory to him or her, that a person is violating or about to violate the provisions of this chapter, the Commissioner may cause a complaint to be filed in a court of competent jurisdiction for restitution and to enjoin and restrain the person from continuing the violation or engaging in or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order of judgment awarding such preliminary or final injunctive relief and restitution as in its judgment is proper. 78 Del. Laws, c. 176, §  5;  70 Del. Laws, c. 186, §  1;
18 DE Code § 1945. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 19. Delaware Nonadmitted Insurance Act|Subchapter IV. Miscellaneous|§ 1945. Urgency.

§ 1945. Urgency. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety, and support of the state government and its existing institutions, and shall go into immediate effect. The facts constituting the necessity are: In order to forestall preemption on June 16, 2011, of state statutes pertaining to surplus line insurance taxation, eligibility, and broker licensure by the Nonadmitted and Reinsurance Reform Act of 2010 [15 U.S.C. § 8201 et seq.], a part of the federal Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 [12 U.S.C. § 5301], it is necessary that this act take effect immediately. 78 Del. Laws, c. 176, §  5;
18 DE Code § 2701. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2701. Scope of chapter.

§ 2701. Scope of chapter. This chapter applies to all insurance contracts and annuity contracts other than:  (1) Reinsurance; (2) Policies or contracts not issued for delivery in this State nor delivered in this State; (3) Wet marine and transportation insurance; and (4) Funding agreements.18 Del. C. 1953, §  2701;  56 Del. Laws, c. 380, §  1;  80 Del. Laws, c. 268, § 3;
18 DE Code § 2702. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2702. “Policy” defined.

§ 2702. “Policy” defined. “Policy” means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof. 18 Del. C. 1953, §  2702;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2703. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2703. “Premium” defined.

§ 2703. “Premium” defined. “Premium” is the consideration for insurance by whatever name called. Any “assessment,” or any “membership,” “policy,” “survey,” “inspection,” “service” or similar fee or other charge in consideration for an insurance contract is deemed part of the premium. 18 Del. C. 1953, §  2703;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2705. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2705. Insurable interest; exception when certain institutions designated beneficiary.

§ 2705. Insurable interest; exception when certain institutions designated beneficiary. (a) Life insurance contracts may be entered into in which the person paying the consideration for the insurance has no insurable interest in the life of the individual insured, where charitable, benevolent, educational or religious institutions, or their agencies, are designated irrevocably as the beneficiaries thereof. (b) In making such contracts the person paying the premium shall make and sign the application therefor as owner and shall designate a charitable, benevolent, educational or religious institution, or an agency thereof, irrevocably as the beneficiary or beneficiaries of such contract. The application shall be signed also by the individual whose life is to be insured. (c) Nothing in this section shall be deemed to prohibit any combination of the applicant, premium payer, owner and beneficiary from being the same person. (d) Such a contract shall be valid and binding among the parties thereto, notwithstanding the absence otherwise of an insurable interest in the life of the individual insured. 18 Del. C. 1953, §  2705;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2706. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2706. Insurable interest; property.

§ 2706. Insurable interest; property. (a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss. (b) “Insurable interest” as used in this section means any actual, lawful and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction or pecuniary damage or impairment. (c) The measure of an insurable interest in property is the extent to which the insured might be directly or indirectly damnified by loss, injury or impairment thereof. 18 Del. C. 1953, §  2706;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2707. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2707. Power to contract; purchase of insurance and annuities by minors.

§ 2707. Power to contract; purchase of insurance and annuities by minors. (a) Any person of competent legal capacity may contract for insurance. (b) Any minor not less than 15 years of age, with the consent of parent or guardian, if any, unless otherwise emancipated, may, notwithstanding his or her minority, contract for or own annuities or insurance or affirm by novation or otherwise preexisting contracts for annuities or insurance upon his or her own life, body, health, property, liabilities or other interests or on the persons of another in whom the minor has an insurable interest. Such a minor shall, notwithstanding such minority, be deemed competent to exercise all rights and powers with respect to or under:  (1) Any contract for annuity or for insurance upon his or her own life, body or health; or (2) Any contract such minor effected upon his or her own property, liabilities or other interests; or (3) Any contract effected or owned by the minor on the person of another as might be exercised by a person of full legal age and may at any time surrender his or her interest in any such contracts and give valid discharge for any benefit accruing or money payable thereunder. Such a minor shall not, by reason of his or her minority, be entitled to rescind, avoid or repudiate the contract, nor to rescind, avoid or repudiate any exercise of a right or privilege thereunder, except that such a minor not otherwise emancipated shall not be bound by any unperformed agreement to pay by promissory note or otherwise any premium on any such annuity or insurance contract. (c) Any annuity contract or policy of life or disability insurance procured by or for a minor under subsection (b) of this section above shall be made payable either to the minor or his or her estate or to a person having an insurable interest in the life of the minor. 18 Del. C. 1953, §  2707;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2708. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2708. Consent of insured; life, health insurance.

§ 2708. Consent of insured; life, health insurance. No life or health insurance contract upon an individual, except a contract of group life insurance or of group or blanket health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:  (1) A spouse may effectuate such insurance upon the other spouse; (2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to such minor; (3) Family policies may be issued insuring any 2 or more members of a family on an application signed by either parent, a stepparent or by a husband or wife; (4) An employer, or the trustee of a trust described in § 2704(c)(3) of this title, may effectuate insurance under an employer-owned life insurance policy, as defined in § 2704(e) of this title, upon any employee in whom it has an insurable interest, and the employer or trustee, as the case may be, shall not be required to notify employees of the effectuation of such insurance or obtain their consent. The insurer and any investment sub-advisors shall use best efforts to direct securities transactions relating to such employer-owned variable life insurance policies utilizing separate accounts, through a securities agent licensed and located in this State, as opposed to a securities agent licensed and located in another state, unless a better price for the identical security (securities) is available through the securities agent located in that other state.18 Del. C. 1953, §  2708;  56 Del. Laws, c. 380, §  1;  67 Del. Laws, c. 161, §  3;  69 Del. Laws, c. 232, §§  1, 2;  69 Del. Laws, c. 462, §  4;  71 Del. Laws, c. 239, §  3;  80 Del. Laws, c. 376, § 4;
18 DE Code § 2709. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2709. Alteration of application, life and health insurance.

§ 2709. Alteration of application, life and health insurance. No alteration of any written application for any life or health insurance policy shall be made by any person other than the applicant without his or her written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant. 18 Del. C. 1953, §  2709;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2710. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2710. Application as evidence.

§ 2710. Application as evidence. (a) No application for the issuance of any life or health insurance policy or annuity contract shall be admissible in evidence in any action relative to such policy or contract, unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued. This provision shall not apply to industrial life insurance policies. (b) If any policy of life or health insurance delivered in this State is reinstated or renewed and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within 30 days after receipt of such request at its home office, deliver or mail to the person making such request a copy of such application reproduced by any legible means. If such copy is not so delivered or mailed after having been so requested, the insurer shall be precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. In the case of such a request from a beneficiary, the time within which the insurer is required to furnish a copy of such application shall not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's vested interest in the policy or contract. (c) As to kinds of insurance other than life or health insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy so applied for, if the insurer has failed, at the expiration of 30 days after receipt by the insurer of written demand therefor by or on behalf of the insured, to furnish to the insured a copy of such application reproduced by any legible means. 18 Del. C. 1953, §  2710;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2711. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2711. Representations in applications.

§ 2711. Representations in applications. All statements and descriptions in any application for an insurance policy or annuity contract by or in behalf of the insured or annuitant shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealment of facts and incorrect statements shall not prevent a recovery under the policy or contract unless either:  (1) Fraudulent; or (2) Material either to the acceptance of the risk or to the hazard assumed by the insurer; or (3) The insurer in good faith would either not have issued the policy or contract, or would not have issued it at the same premium rate or would not have issued a policy or contract in as large an amount or would not have provided coverage with respect to the hazard resulting in the loss if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise.18 Del. C. 1953, §  2711;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2713. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2713. Grounds for disapproval.

§ 2713. Grounds for disapproval. The Commissioner shall disapprove any form filed under § 2712 of this title, or withdraw any previous effectiveness thereof, only on 1 or more of the following grounds:  (1) If it is in any respect in violation of or does not comply with this title; (2) If it contains or incorporates by reference, where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract; (3) If it has any title, heading or other indication of its provisions which is misleading; (4) As to an individual health insurance policy, if the benefits provided therein are unreasonable in relation to the premium charged, or if it contains any unjust, unfair or inequitable provision or provisions; (5) As to a life insurance or health insurance policy, if it contains a provision or provisions such as to encourage misrepresentation.18 Del. C. 1953, §  2713;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2714. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2714. Standard provisions.

§ 2714. Standard provisions. (a) Insurance contracts shall contain such standard or uniform provisions as are required by the applicable provisions of this title pertaining to contracts of particular kinds of insurance. The Commissioner may waive the required use of a particular provision in a particular insurance policy form if:  (1) He or she finds such provision unnecessary for or unrelated to the protection of the insured and inconsistent with the purposes of the policy; and (2) The policy is otherwise approved by him or her. (b) No policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used, but the Commissioner may approve any substitute provision which is, in his or her opinion, not less favorable in any particular to the insured or beneficiary than the provisions otherwise required. (c) In lieu of the provisions required by this title for contracts for particular kinds of insurance, substantially similar provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the Commissioner. (d) A policy issued by a domestic insurer for delivery in another jurisdiction may contain any provision required or permitted by the laws of such jurisdiction. 18 Del. C. 1953, §  2714;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 2715. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2715. Charter or bylaw provisions.

§ 2715. Charter or bylaw provisions. No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer (other than the subscriber's agreement or power of attorney of a reciprocal insurer) a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid. 18 Del. C. 1953, §  2715;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2716. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2716. Execution of policies.

§ 2716. Execution of policies. (a) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee or representative duly authorized by the insurer. (b) A facsimile signature of any such executing individual may be used in lieu of an original signature. (c) No insurance contract heretofore or hereafter issued and which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy. 18 Del. C. 1953, §  2716;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2717. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2717. Underwriters' and combination policies.

§ 2717. Underwriters' and combination policies. (a) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any 1 insurer may issue policies in the name of an underwriter's department and such policy shall plainly show the true name of the insurer. (b) Two or more insurers may, with the approval of the Commissioner, issue a combination policy which shall contain provisions substantially as follows:  (1) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy; and (2) That service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy shall constitute service upon all such insurers. (c) This section shall not apply to cosurety obligations. 18 Del. C. 1953, §  2717;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2718. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2718. Validity and construction of noncomplying forms.

§ 2718. Validity and construction of noncomplying forms. (a) A policy hereafter delivered or issued for delivery to any person in this State in violation of this title but otherwise binding on the insurer shall be held valid, but shall be construed as provided in this title. (b) Any condition, omission or provision not in compliance with the requirements of this title and contained in any policy, rider or endorsement hereafter issued and otherwise valid shall not thereby be rendered invalid but shall be construed and applied in accordance with such condition, omission or provision as would have applied had the same been in full compliance with this title. 18 Del. C. 1953, §  2718;  56 Del. Laws, c. 380, §  1;
18 DE Code § 2719. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 27. The Insurance Contract|Subchapter I. Insurance Contracts Generally|§ 2719. Delivery of policy.

§ 2719. Delivery of policy. In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee or pledgee of any motor vehicle, and in which policy any interest of the vendee, mortgagor or pledgor in or with reference to such vehicle is insured, a duplicate of such policy setting forth the name and address of the insurer, insurance classification of vehicle, type of coverage, limits of liability, premiums for the respective coverages and duration of the policy, or memorandum thereof containing the same such information, shall be delivered by the vendor, mortgagee or pledgee to each such vendee, mortgagor or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a statement of such fact shall be printed, written or stamped conspicuously on the face of such duplicate policy or memorandum. This section does not apply to inland marine floater policies. 18 Del. C. 1953, §  2719;  56 Del. Laws, c. 380, §  1;