reglab/housing_qa huggingface dataset:
18 DE Code § 5928. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5928. Allowance of certain claims.

§ 5928. Allowance of certain claims. (a) No contingent and unliquidated claim shall share in a distribution of the assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to this chapter, except that such claim shall be considered, if properly presented, and may be allowed to share where:  (1) Such claim becomes absolute against the insurer on or before the last day for filing claims against the assets of such insurer; or (2) There is a surplus and the liquidation is thereafter conducted upon the basis that such insurer is solvent. (b) Where an insurer has been so adjudicated to be insolvent, any person who has a cause of action against an insured of such insurer under a liability insurance policy issued by such insurer shall have the right to file a claim in the liquidation proceeding, regardless of the fact that such claim may be contingent, and such claim may be allowed:  (1) If it may be reasonably inferred from the proof presented upon such claim that such person would be able to obtain a judgment upon such cause of action against such insured; (2) If such person shall furnish suitable proof, unless the court for good cause shown shall otherwise direct, that no further valid claim against such insurer arising out of that person's cause of action other than those already presented can be made; and (3) If the total liability of such insurer to all claimants arising out of the same act of its insured shall be no greater than its maximum liability would be were it not in liquidation. (c) No judgment against such an insured taken after the date of entry of the liquidation order shall be considered in the liquidation proceedings as evidence of liability or of the amount of damages, and no judgment against an insured taken by default or by collusion prior to the entry of the liquidation order shall be considered as conclusive evidence in the liquidation proceedings, either of the liability of such insured to such person upon such cause of action or of the amount of damages to which such person is therein entitled. (d) No claim of any secured claimant shall be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation or such other date set by the court for determining rights and liabilities as provided in § 5924 of this title unless the claimant surrenders the security to the Commissioner, in which event the claim shall be allowed in the full amount for which it is valued. 18 Del. C. 1953, §  5928;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5929. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5929. Order of insolvency; time to file claims.

§ 5929. Order of insolvency; time to file claims. (a) If, upon the entry of an order of liquidation under this chapter or at any time thereafter during liquidation proceedings the insurer is not clearly solvent, the court shall, upon hearing after such notice it deems proper, make and enter an order adjudging the insurer to be insolvent. (b) After the entry of the order of insolvency, regardless of any prior notice that may have been given to creditors, the Commissioner shall notify all persons who may have claims against the insurer to file such claims with the Commissioner, at a place and within the time specified in the notice, or such claims shall be forever barred. The time specified in the notice shall be as fixed by the court for filing of claims and which shall be not less than 6 months after the entry of the order of insolvency. The notice shall be given in such manner and for such reasonable period of time as may be ordered by the court. 18 Del. C. 1953, §  5929;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5930. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5930. Report and petition for assessment.

§ 5930. Report and petition for assessment. Within 3 years after the date of the entry of an order of rehabilitation or liquidation of a domestic mutual insurer or a domestic reciprocal insurer, the Commissioner may make and file a report and petition to the court setting forth:  (1) The reasonable value of the assets of the insurer; (2) The liabilities of the insurer to the extent thus far ascertained by the Commissioner; (3) The aggregate amount of the assessment, if any, which the Commissioner deems reasonably necessary to pay all claims, the costs and expenses of the collection of the assessments and the costs and expenses of the delinquency proceedings in full; (4) Any other information relative to the affairs or property of the insurer that the Commissioner deems material.18 Del. C. 1953, §  5930;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5931. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5931. Order and levy of assessments.

§ 5931. Order and levy of assessments. (a) Upon the filing and reading of the report and petition provided for in § 5930 of this title, the court, ex parte, may order the Commissioner to assess all members or subscribers of the insurer who may be subject to such an assessment, in such an aggregate amount as the court finds reasonably necessary to pay all valid claims as may be timely filed and proved in the delinquency proceedings, together with the costs and expenses of levying and collecting assessments and the costs and expenses of the delinquency proceedings in full. Any such order shall require the Commissioner to assess each such member or subscriber for such member or subscriber's proportion of the aggregate assessment, according to such reasonable classification of such members or subscribers and formula as may be made by the Commissioner and approved by the court. (b) The court may order additional assessments upon the filing and reading of any amendment or supplement to the report and petition referred to in subsection (a) of this section above, if such amendment or supplement is filed within 3 years after the date of the entry of the order of rehabilitation or liquidation. (c) After the entry of the order to levy and assess members or subscribers of an insurer referred to in subsection (a) or (b) of this section above, the Commissioner shall levy and assess members or subscribers in accordance with the order. (d) The total of all assessments against any member or subscriber with respect to any policy, whether levied pursuant to this chapter or pursuant to any other provision of this title, shall be for no greater amount than that specified in the policy or policies of the member or subscriber and as limited under this title, except as to any policy which was issued at a rate of premium below the minimum rate lawfully permitted for the risk insured, in which event the assessment against any such policyholder shall be upon the basis of the minimum rate for such risk. (e) No assessment shall be levied against any member or subscriber with respect to any nonassessable policy issued in accordance with this title. 18 Del. C. 1953, §  5931;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5932. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5932. Assessment prima facie correct; notice; payment; proceedings to collect.

§ 5932. Assessment prima facie correct; notice; payment; proceedings to collect. (a) Any assessment of a subscriber or member of an insurer made by the Commissioner, pursuant to the order of court fixing the aggregate amount of the assessment against all members or subscribers and approving the classification and formula made by the Commissioner under § 5931(a) of this title, shall be prima facie correct. (b) Each member or subscriber shall be notified of the amount of assessment to be paid by written notice mailed to the address of the member or subscriber last of record with the insurer. Failure of the member or subscriber to receive the notice so mailed, within the time specified therein or at all, shall be no defense in any proceeding to collect the assessment. (c) If any such member or subscriber fails to pay the assessment within the period specified in the notice, which period shall not be less than 20 days after mailing, the Commissioner may obtain an order in the delinquency proceedings requiring the member or subscriber to show cause at a time and place fixed by the court why judgment should not be entered against such member or subscriber for the amount of the assessment together with all costs, and a copy of the order and a copy of the petition therefor shall be served upon the member or subscriber within the time and in the manner designated in the order. (d) If the subscriber or member after due service of a copy of the order and petition referred to in subsection (c) of this section above is made:  (1) Fails to appear at the time and place specified in the order, judgment shall be entered against such subscriber or member as prayed for in the petition; or (2) Appears in the manner and form required by law in response to the order, the court shall hear and determine the matter and enter a judgment in accordance with its decision. (e) The Commissioner may collect any such assessment through any other lawful means. 18 Del. C. 1953, §  5932;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5943. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter II. Summary Proceedings|§ 5943. Seizure order.

§ 5943. Seizure order. (a) Upon the filing by the Commissioner in the Chancery Court of a petition alleging:  (1) Any ground that would justify a court order for a formal delinquency proceeding against an insurer under this chapter, and (2) That the interests of policyholders, creditors or the public will be endangered by delay, and (3) Setting out the order deemed necessary by the Commissioner, the Court may issue forthwith, ex parte and without a hearing, the requested order which shall direct the Commissioner to take possession and control of all or a part of the property, books, accounts, documents and other records of an insurer and of the premises occupied by it for the transaction of its business, and until further order of the Court enjoin the insurer and its officers, managers, agents and employees from disposition of its property and from transaction of its business except with the written consent of the Commissioner. (b) The Court shall specify in the order what its duration shall be, which shall be such time as the Court deems necessary for the Commissioner to ascertain the condition of the insurer. Such initial duration or any extension thereof shall not exceed 90 days. On motion of either party or on its own motion, the Court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate, and may extend, shorten or modify the terms of the seizure order. The Court shall vacate the seizure order if the Commissioner fails to commence a formal proceeding under this subchapter prior to the expiration of a seizure order or any extension thereof. An order of the Court pursuant to a formal proceeding under this subchapter shall ipso facto vacate the seizure order. (c) Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer. (d) An insurer subject to an ex parte order of the Chancery Court issued under this section may petition the Court at any time after the issuance of such order for a hearing and review of the order, and the Court shall grant such a hearing and review within 10 days of the filing of such petition. 64 Del. Laws, c. 420, §  2;
18 DE Code § 5944. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter II. Summary Proceedings|§ 5944. Conduct of hearings.

§ 5944. Conduct of hearings. (a) The Chancery Court may hold all hearings in summary proceedings and judicial review thereof privately in chambers, and shall do so on request of the insurer proceeded against. (b) In all summary proceedings and judicial reviews thereof, all records of the insurer, other documents and all Insurance Department files and court records and papers, so far as they pertain to or are a part of the record of the summary proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the Chancery Court, after hearing arguments from the parties in chambers, shall order otherwise or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the Clerk of the Chancery Court shall be held by the Clerk in a confidential file. (c) Any person having possession or custody of and refusing to deliver any of the property, books, accounts, documents or other records of or relating to an insurer against which a seizure order or a summary order has been issued by the Commissioner or by the Chancery Court may be fined not more than $10,000 or sentenced to undergo imprisonment for not more than 1 year, or both. 64 Del. Laws, c. 420, §  2;  70 Del. Laws, c. 186, §  1;
18 DE Code § 6201. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter I. Structure and Purpose|§ 6201. Fraternal benefit societies.

§ 6201. Fraternal benefit societies. Any incorporated society, order or supreme lodge, without capital stock, including one exempted under the provisions of § 6237(a)(2) of this title, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government and which provides benefits in accordance with this chapter, is hereby declared to be a fraternal benefit society. 70 Del. Laws, c. 533, §  1;
18 DE Code § 6202. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter I. Structure and Purpose|§ 6202. Lodge system.

§ 6202. Lodge system. (a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once in each month in furtherance of the purposes of the society. (b) A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice or vote in the management of the society. 70 Del. Laws, c. 533, §  1;
18 DE Code § 6203. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter I. Structure and Purpose|§ 6203. Representative form of government.

§ 6203. Representative form of government. A society has a representative form of government when:  (1) It has a supreme governing body constituted in 1 of the following ways:  a. Assembly. — The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than 2/3 of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every 4 years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws. b. Direct election. — The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed 4 years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society. (2) The officers of the society are elected either by the supreme governing body or by the board of directors; (3) Only benefit members are eligible for election to the supreme governing body and the board of directors; and (4) Each voting member shall have 1 vote; no vote may be cast by proxy.70 Del. Laws, c. 533, §  1;
18 DE Code § 6204. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter I. Structure and Purpose|§ 6204. Terms used.

§ 6204. Terms used. Whenever used in this chapter:  (1) “Benefit contract” shall mean the agreement for provision of benefits authorized by § 6216 of this title, as that agreement is described in § 6219(a) of this title. (2) “Benefit member” shall mean an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. (3) “Certificate” shall mean the document issued as written evidence of the benefit contract. (4) “Commissioner” shall mean the Commissioner of Insurance of this State. (5) “Laws” shall mean the society's certificate of incorporation, constitution and bylaws, however designated. (6) “Lodge” shall mean subordinate member units of the society, known as camps, courts, councils, branches or by any other designation. (7) “Premiums” shall mean premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate. (8) “Rules” shall mean all rules, regulations or resolutions adopted by the supreme governing body or board of directors, which are intended to have general application to the members of the society. (9) “Society” shall mean fraternal benefit society, unless otherwise indicated.70 Del. Laws, c. 533, §  1;
18 DE Code § 6205. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter I. Structure and Purpose|§ 6205. Purposes and powers.

§ 6205. Purposes and powers. (a) A society shall operate for the benefit of members and their beneficiaries by:  (1) Providing benefits as specified in § 6216 of this title; and (2) Operating for 1 or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members which may also be extended to others. Such purposes may be carried out directly by the society or indirectly through subsidiary corporations or affiliated organizations. (b) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members and the management of its affairs. It shall have the power to change, alter, add to or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society. 70 Del. Laws, c. 533, §  1;
18 DE Code § 6206. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter II. Membership|§ 6206. Qualifications for membership.

§ 6206. Qualifications for membership. (a) A society shall specify in its laws or rules:  (1) Eligibility standards for each and every class of membership provided, that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age 15 and not greater than age 21; (2) The process for admission to membership for each membership class; and (3) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society. (b) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society (c) Membership rights in the society are personal to the member and are not assignable. 70 Del. Laws, c. 533, §  1;
18 DE Code § 6207. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter II. Membership|§ 6207. Location of office, meetings, communications to members, grievance procedures.

§ 6207. Location of office, meetings, communications to members, grievance procedures. (a) The principal office of any domestic society shall be located in this State. The meetings of its supreme governing body may be held in any state, district, province or territory wherein such society has at least 1 subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this State. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language. (b) (1) A society may provide in its laws for an official publication in which any notice, report or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices and statements shall be printed conspicuously in the publication. If the records of a society show that 2 or more members have the same mailing address, an official publication mailed to 1 member is deemed to be mailed to all members at the same address unless a member requests a separate copy. (2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed, shall be printed and mailed to each benefit member of the society or, in lieu thereof, such synopsis may be published in the society's official publication. (c) A society may provide in its laws or rules for grievance or complaint procedures for members. 70 Del. Laws, c. 533, §  1;
18 DE Code § 6209. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 62. Fraternal Benefit Societies|Subchapter II. Membership|§ 6209. Waiver.

§ 6209. Waiver. The laws of the society may provide that no subordinate body nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficiary of a member. 70 Del. Laws, c. 533, §  1;