reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 61. PROHIBITION OF RESCISSIONS BASED UPON POST-CLAIMS UNDERWRITING › § 6101. Rescissions based upon post-claims underwriting barred.

§ 6101. Rescissions based upon post-claims underwriting barred.
Unless approval is granted pursuant to § 6102 of this title, no insurer may rescind, cancel or limit any health insurance policy, contract, evidence of coverage or certificate that provides coverage of the types specified in § 6103 of this title on the basis of written information submitted on, with or omitted from an insurance application by the insured if the insurer failed to complete medical underwriting and resolve all reasonable medical questions related to the written information submitted on, with or omitted from the insurance application before issuing the policy, contract, evidence of coverage or certificate. No insurer may rescind, cancel or limit any such health insurance policy, contract, evidence of coverage or certificate once the enrollee is covered under such plan or coverage involved, except this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or who makes an intentional misrepresentation of a material fact, as prohibited by the terms of the plan or coverage, and such omission materially affects the risk or the hazard assumed by the insurer or health care center. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and except as permitted under applicable federal, state or local laws.
77 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 61. PROHIBITION OF RESCISSIONS BASED UPON POST-CLAIMS UNDERWRITING › § 6102. Approval of rescission.

§ 6102. Approval of rescission.
An insurer shall apply for approval of such rescission, cancellation or limitation by submitting such written information to the Insurance Commissioner on an application in such appropriate form as the Commissioner prescribes. Such insurer shall provide a copy of the application for such approval to the insured or the insured's representative. Not later than 7 business days after receipt of the application for such approval, the insured or the insured's representative shall have an opportunity to respond and submit relevant information to the Commissioner with respect to such application. Not later than 15 business days after the submission of information by the insured or the insured's representative, the Commissioner shall issue a written decision on such application. The Commissioner shall approve such rescission, cancellation or limitation if the Commissioner finds that:
(1) The written information submitted on or with the insurance application was false at the time such application was made and the insured or such insured's representative knew or should have known of the falsity therein, and such submission materially affects the risk or the hazard assumed by the insurer or health care center; or
(2) The information omitted from the insurance application was knowingly omitted by the insured or such insured's representative, or the insured or such insured's representative should have known of such omission, and such omission materially affects the risk or the hazard assumed by the insurer or health care center. Such decision shall be mailed to the insured, the insured's representative, if any, and the insurer.
77 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 61. PROHIBITION OF RESCISSIONS BASED UPON POST-CLAIMS UNDERWRITING › § 6103. Affected health insurance policies.

§ 6103. Affected health insurance policies.
As used in this chapter, “health insurance policy, contract, evidence of coverage or certificate” means insurance providing benefits due to illness or injury, resulting in loss of life, loss of earnings, or expenses incurred, and includes the following types of coverage:
(1) Basic hospital expense coverage;
(2) Basic medical-surgical expense coverage;
(3) Hospital confinement indemnity coverage;
(4) Major medical expense coverage; or
(5) Hospital or medical service plan contract.
77 Del. Laws, c. 471, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 61. PROHIBITION OF RESCISSIONS BASED UPON POST-CLAIMS UNDERWRITING › § 6104. Authority of Insurance Commissioner to promulgate regulations.

§ 6104. Authority of Insurance Commissioner to promulgate regulations.
The Insurance Commissioner may promulgate regulations to implement the provisions of this chapter.
77 Del. Laws, c. 471, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter III. Governance › § 6211. Amendments to laws.

§ 6211. Amendments to laws.
(a) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within 6 months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by 1 of the methods herein specified.
(b) No amendment to the laws of any domestic society shall take effect unless approved by the Commissioner, who shall approve such amendment if the Commissioner finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this State or with the character, objects and purposes of the society. Unless the Commissioner shall disapprove any such amendment within 60 days after the filing of same, such amendment shall be considered approved. The approval or disapproval of the Commissioner shall be forwarded in writing and mailed to the secretary or corresponding officer of the society at its principal office. In case the Commissioner disapproves such amendment, the reasons therefor shall be stated in such written notice.
(c) Within 90 days from the approval thereof by the Commissioner, all such amendments or a synopsis thereof shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima facie evidence that such amendments or synopsis thereof have been furnished the addressee.
(d) Every foreign or alien society authorized to do business in this State shall file with the Commissioner a duly certified copy of all amendments of or additions to its laws within 90 days after the enactment of same.
(e) Printed copies of the laws, as amended, certified by the secretary or corresponding officer of the society shall be prima facie evidence of the legal adoption thereof.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter III. Governance › § 6212. Institutions.

§ 6212. Institutions.
(a) A society may create, maintain and operate or may establish organizations to operate not-for-profit institutions to further the purposes permitted by § 6205(a)(2) of this title. Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held or leased by the society for this purpose shall be reported in every annual statement but shall not be allowed as an admitted asset of such society.
(b) No society shall own or operate funeral homes or undertaking establishments.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter III. Governance › § 6213. Reinsurance.

§ 6213. Reinsurance.
(a) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer (other than another fraternal benefit society) having the power to make such reinsurance and authorized to do business in this State, or if not so authorized, one which is approved by the Commissioner, but no such society may reinsure substantially all of its insurance in force without the written permission of the Commissioner. It may take credit for the reserves on such ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability to a ceding society for reinsurance made, ceded, renewed or otherwise becoming effective after January 1, 1997, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.
(b) Notwithstanding the limitation in subchapter I of this chapter, a society may reinsure the risks of another society in a consolidation or merger approved by the Commissioner under § 6214 of this title.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter III. Governance › § 6215. Conversion of fraternal benefit society into a mutual life insurance company.

§ 6215. Conversion of fraternal benefit society into a mutual life insurance company.
Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of § 4905 of this title. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of 2/3 of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of such plan. No such conversion shall take effect unless and until approved by the Commissioner who may give such approval if the Commissioner finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter IV. Contractual Benefits › § 6216. Benefits.

§ 6216. Benefits.
(a) A society may provide the following contractual benefits in any form:
(1) Death benefits;
(2) Endowment benefits;
(3) Annuity benefits;
(4) Temporary or permanent disability benefits;
(5) Hospital, medical or nursing benefits;
(6) Monument or tombstone benefits to the memory of deceased members; and
(7) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter.
(b) A society shall specify in its rules those persons who may be issued or covered by the contractual benefits in subsection (a) of this section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter IV. Contractual Benefits › § 6217. Beneficiaries.

§ 6217. Beneficiaries.
(a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract.
(b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member, provided the portion so paid shall not exceed the sum of $500 dollars.
(c) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds shall be payable, the amount of such benefit, except to the extent that funeral benefits may be paid as hereinbefore provided, shall be payable to the personal representative of the deceased insured; provided, that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter IV. Contractual Benefits › § 6218. Benefits not attachable.

§ 6218. Benefits not attachable.
No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society shall be liable to attachment, garnishment or other process or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter IV. Contractual Benefits › § 6220. Nonforfeiture benefits, cash surrender values, certificate loans and other options.

§ 6220. Nonforfeiture benefits, cash surrender values, certificate loans and other options.
(a) For certificates issued prior to January 1, 1988, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1997.
(b) For certificates issued on or after January 1, 1988, for which reserves are computed on the Commissioner's 1941 Standard Ordinary Mortality Table, the Commissioner's 1941 Standard Industrial Table or the Commissioner's 1958 Standard Ordinary Mortality Table or the Commissioner's 1980 Standard Mortality Table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this State applicable to life insurers issuing policies containing like benefits based upon such tables.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter V. Financial › § 6221. Investments.

§ 6221. Investments.
A society shall invest its funds only in such investments as are authorized by the laws of this State for the investment of assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business in this State which invests its funds in accordance with the laws of the state, district, territory, country or province in which it is incorporated shall be held to meet the requirements of this subchapter for the investment of funds.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter V. Financial › § 6222. Funds.

§ 6222. Funds.
(a) All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract.
(b) A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society.
(c) A society may, pursuant to resolution of its supreme governing body, establish and operate 1 or more separate accounts and issue contracts on a variable basis, subject to law regulating life insurers establishing such accounts and issuing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account, may, for persons having beneficial interests therein, provide special voting and other rights, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants and selection of a committee to manage the business and affairs of the account and may issue contracts on a variable basis to which § 6219(b) and (d) of this title shall not apply.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter V. Financial › § 6223. Exemptions; application of other code provisions.

§ 6223. Exemptions; application of other code provisions.
(a) Except as herein provided, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this State, not only in governmental relations with this State, but for every other purpose. No law hereafter enacted shall apply to them, unless they be expressly designated therein.
(b) Societies shall also be subject to §§ 505 to 509, inclusive, 523, 529, 530, 532, 1101, 1102, 1105, 1108 and 1127 to 1130, inclusive, of this title.
70 Del. Laws, c. 533, §  1;  80 Del. Laws, c. 117, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter V. Financial › § 6224. Taxation.

§ 6224. Taxation.
Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution and all of its funds shall be exempt from all and every state, county, district, municipal and school tax other than taxes on real estate and office equipment.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6225. Valuation.

§ 6225. Valuation.
(a) Standards of valuation for certificates issued prior to January 1, 1988, shall be those provided by the laws applicable immediately prior to January 1, 1997.
(b) The minimum standards of valuation for certificates issued on or after January 1, 1988, shall be based on the following tables:
(1) For certificates of life insurance, the Commissioner's 1941 Standard Ordinary Mortality Table, the Commissioner's 1941 Standard Industrial Mortality Table, the Commissioner's 1958 Standard Ordinary Mortality Table, the Commissioner's 1980 Standard Ordinary Mortality Table or any more recent table made applicable to life insurers; and
(2) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits and for noncancelable accident and health benefits, such tables as are authorized for use by life insurers in this State.
All of the above shall be under valuation methods and standards (including interest assumptions) in accordance with the laws of this State applicable to life insurers issuing policies containing like benefits.
(c) The Commissioner may, in his or her discretion, accept other standards for valuation if the Commissioner finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard herein prescribed. The Commissioner may, in his or her discretion, vary the standards of mortality applicable to all benefit contracts on substandard lives or other extra hazardous lives by any society authorized to do business in this State.
(d) Any society, with the consent of the Commissioner of Insurance of the state of domicile of the society and under such conditions, if any, which the Commissioner may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby.
70 Del. Laws, c. 533, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6226. Reports.

§ 6226. Reports.
Reports shall be filed in accordance with the provisions of this section.
(1) Every society transacting business in this State shall annually, on or before March 1, unless for cause shown such time has been extended by the Commissioner, file with the Commissioner a true statement of its financial condition, transactions and affairs for the preceding calendar year and pay a fee of $25 for filing same. The statement shall be in the general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the Commissioner.
(2) As part of the annual statement herein required, each society shall, on or before the 1st day of March, file with the Commissioner a valuation of its certificates in force on December 31 last preceding, provided the Commissioner may, in his or her discretion for cause shown, extend the time for filing such valuation for not more than 2 calendar months. Such valuation shall be done in accordance with the standards specified in § 6225 of this title. Such valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.
(3) A society neglecting to file the annual statement in the form and within the time provided by this section may be subject to a fine of $100 dollars for each day during which such neglect continues, and its authority to do business in this State may be suspended by the Commissioner while such default continues.
70 Del. Laws, c. 533, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6227. Annual license.

§ 6227. Annual license.
Societies which are now authorized to transact business in this State may continue such business until April 1, 1997. The authority of such societies and all societies hereafter licensed may thereafter be renewed annually, but in all cases to terminate on the next succeeding April 1. However, a license so issued shall continue in full force and effect until the new license is issued or specifically refused. For each such license or renewal, the society shall pay the Commissioner $25. A duly certified copy or duplicate of such license shall be prima facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6228. Examination of societies; no adverse publications.

§ 6228. Examination of societies; no adverse publications.
(a) The Commissioner, or any person he or she may appoint, may examine any domestic, foreign or alien society transacting or applying for admission to transact business in this State in the same manner as authorized for examination of domestic, foreign or alien insurers. Requirements of notice and an opportunity to respond before findings are made public, as provided in the laws regulating insurers, shall also be applicable to the examination of societies.
(b) The expense of each examination and of each valuation, including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the Commissioner.
70 Del. Laws, c. 533, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6229. Foreign or alien society — Admission.

§ 6229. Foreign or alien society — Admission.
No foreign or alien society shall transact business in this State without a license issued by the Commissioner. Any such society desiring admission to this State shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. Any such society may be licensed to transact business in this State upon filing with the Commissioner:
(1) A duly certified copy of its chapters of incorporation;
(2) A copy of its bylaws, certified by its secretary or corresponding officer;
(3) A power of attorney to the Commissioner as prescribed in § 6235 of this title;
(4) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the Commissioner, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province or country, satisfactory to the Commissioner;
(5) Certification from the proper official of its home state, territory, province or country that the society is legally incorporated and licensed to transact business therein;
(6) Copies of its certificate forms; and
(7) Such other information as the Commissioner may deem necessary;
upon a showing that its assets are invested in accordance with the provisions of this chapter.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6230. Injunction — Liquidation — Receivership of domestic society.

§ 6230. Injunction — Liquidation — Receivership of domestic society.
(a) When the Commissioner, upon investigation, finds that a domestic society has exceeded its powers, has failed to comply with any provision of this chapter, is not fulfilling its contracts in good faith, has a membership of less than 400 after an existence of 1 year or more or is conducting business fraudulently or in a manner hazardous to its members, creditors or the public, the Commissioner shall notify the society of such deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. The Commissioner shall simultaneously issue a written notice to the society requiring that the deficiency or deficiencies which exist be corrected. After such notice, the society shall have a 30-day period in which to comply with the Commissioner's request for correction, and if the society fails to comply, the Commissioner shall take such action as is necessary and appropriate under Chapter 59 of this title.
(b) The Commissioner may take such action as is necessary and appropriate under this section with respect to domestic society which shall voluntarily determine to discontinue business.
70 Del. Laws, c. 533, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6231. Suspension, revocation or refusal of license of foreign or alien society.

§ 6231. Suspension, revocation or refusal of license of foreign or alien society.
(a) When the Commissioner, upon investigation, finds that a foreign or alien society transacting or applying to transact business in this State:
(1) Has exceeded its powers;
(2) Has failed to comply with any of the provisions of this chapter;
(3) Is not fulfilling its contracts in good faith; or
(4) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public, the Commissioner shall notify the society of such deficiency or deficiencies and state in writing the reasons for his or her dissatisfaction. The Commissioner shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected. After such notice, the society shall have a 30-day period in which to comply with the Commissioner's request for correction and if the society fails to comply, the Commissioner shall notify the society of such findings of noncompliance and require the society to show cause, on a date named, why its license should not be suspended, revoked or refused. If on such date, the society does not present good and sufficient reason why its authority to do business in this State should not be suspended, revoked or refused, the Commissioner may suspend or refuse the license of the society to do business in this State until satisfactory evidence is furnished to the Commissioner that such suspension or refusal should be withdrawn or the Commissioner may revoke the authority of the society to do business in this State.
(b) Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this State during the time such society was legally authorized to transact business herein.
70 Del. Laws, c. 533, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6232. Injunction.

§ 6232. Injunction.
No application or petition for injunction against any domestic, foreign or alien society or lodge thereof shall be recognized in any court of this State unless made by the Attorney General upon request of the Commissioner.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6233. Licensing of agents.

§ 6233. Licensing of agents.
(a) Agents of societies shall be licensed in accordance with Chapter 17 of this title. Agents licensed prior to January 1, 1997, shall not be required to take a written or other examination.
(b) No examination or license shall be required of any regular salaried officer, employee or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained.
(c) Any agent or representative of a society who devotes or intends to devote less than 50% of the agent's or representative's time to solicitation and procurement of insurance contracts for such society shall be exempt from the requirements of subsection (a) of this section. Any person who, in the preceding calendar year, has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of $125,000 or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than 25 individuals and who has received or will receive a commission or other compensation therefor, shall be presumed to be devoting or intending to devote 50% of the person's time to the solicitation or procurement of insurance contracts for such society.
70 Del. Laws, c. 533, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VI. Regulation › § 6234. Unfair methods of competition and unfair and deceptive acts and practices.

§ 6234. Unfair methods of competition and unfair and deceptive acts and practices.
Every society authorized to do business in this State shall be subject to Chapter 23 of this title relating to unfair practices; provided however, that nothing therein shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
70 Del. Laws, c. 533, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VII. Miscellaneous › § 6235. Service of process.

§ 6235. Service of process.
(a) Every society authorized to do business in this State shall appoint, in writing, the Commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served and shall agree, in such writing, that any lawful process against it which is served on such attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this State. Copies of such appointment, certified by the Commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
(b) Service shall only be made upon the Commissioner or, if absent, upon the person in charge of his or her office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the Commissioner, the Commissioner shall forthwith forward 1 of the duplicate copies by registered mail, prepaid, directed to the secretary or corresponding officer. No such service shall require a society to file its answer, pleading or defense in less than 30 days from the date of mailing the copy of the service to a society. Legal process shall not be served upon a society except in the manner herein provided.
(c) At the time of serving any process upon the Commissioner, the plaintiff or complainant in the action shall pay to the Commissioner a fee of $2.00.
70 Del. Laws, c. 533, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 62. FRATERNAL BENEFIT SOCIETIES › Subchapter VII. Miscellaneous › § 6236. Penalties.

§ 6236. Penalties.
(a) A person who shall knowingly or wilfully make any false or fraudulent statement or representation in or relating to any application for membership or for the purpose of obtaining money from or a benefit in any society shall be guilty of a misdemeanor, and upon conviction, be fined not less than $100, nor more than $500, or imprisonment in the county jail not less than 30 days, nor more than 1 year, or both.
(b) Any person who wilfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.
(c) Any person who solicits membership for or in any manner assists in procuring membership in any society not licensed to do business in this State shall, upon conviction, be fined not less than $100, nor more than $500.
(d) Any person guilty of a wilful violation of or neglect or refusal to comply with the provisions of this chapter for which a penalty is not otherwise prescribed shall, upon conviction, be subject to the penalties provided by § 106 (general penalty) of this title.
70 Del. Laws, c. 533, §  1;