reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 38. DENTAL PLAN ORGANIZATION ACT › § 3820. Confidentiality of data pertaining to diagnosis, treatment or health of enrollees.

§ 3820. Confidentiality of data pertaining to diagnosis, treatment or health of enrollees.
Data or information pertaining to the diagnosis, treatment or health of any enrollee obtained by the dental plan organization from the enrollee or any dentist shall be confidential and shall not be disclosed to any person except to the extent that it may be necessary to carry out the purposes of this chapter, or upon the express consent of the enrollee or pursuant to statute or court order for the production of evidence of the discovery thereof, or in the event of claim or litigation between the enrollee and the dental plan organization wherein the data or information is pertinent. A dental plan organization shall be entitled to claim any statutory privileges against such disclosure which the dentist who furnished the information to the dental plan organization is entitled to claim.
63 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 38. DENTAL PLAN ORGANIZATION ACT › § 3821. Exemptions from application of chapter.

§ 3821. Exemptions from application of chapter.
Except with respect to the dental plan organization activities of a duly organized and authorized insurer or medical or dental service corporation, which activities are authorized and regulated pursuant to this chapter, this chapter shall not apply to a person engaged as indemnitor or contractor in the business of life insurance, health insurance or of annuity, nor shall it apply to a medical service corporation or dental service corporation. This chapter shall not apply to the dental plan activities of a duly authorized health service corporation.
63 Del. Laws, c. 49, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 38. DENTAL PLAN ORGANIZATION ACT › § 3822. Rules and regulations.

§ 3822. Rules and regulations.
The Commissioner may promulgate such rules and regulations as he or she may deem necessary to effectuate the purposes of this chapter.
63 Del. Laws, c. 49, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3901. Contracts subject to general provisions.

§ 3901. Contracts subject to general provisions.
All contracts of casualty insurance covering subjects resident, located or to be performed in this State are subject to the applicable provisions of Chapter 27 (The Insurance Contract) of this title, and to other applicable provisions of this title.
18 Del. C. 1953, §  3901;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3902A. Notice of settlement offer to underinsured motor vehicle insurer.

§ 3902A. Notice of settlement offer to underinsured motor vehicle insurer.
(a) (1) If an attorney representing an injured individual, or an unrepresented injured individual, receives a written offer from a motor vehicle liability insurer, or that insurer's authorized agent, to settle a claim for bodily injury or death, and the amount of the settlement offer, in combination with any other settlements arising out of the same occurrence, would exhaust the bodily injury or death limits of all applicable liability insurance policies and bonds, the attorney or unrepresented individual may send to the injured individual's underinsured motor vehicle insurer notice of the settlement offer by certified mail or electronic mail.
(2) The notice must include a copy of the motor vehicle liability insurer's written settlement offer, the motor vehicle liability insurer's proposed release, and the motor vehicle liability insurer's declaration page for the applicable liability insurance policy.
(b) Within 60 days after receipt of the notice under subsection (a) of this section, the underinsured motor vehicle insurer shall send to the attorney representing an injured individual, or the unrepresented injured individual, 1 of the following by certified mail or electronic mail:
(1) Written consent to accept the settlement offer.
(2) Written refusal to consent to the acceptance of the settlement offer outlining the good faith reasons for the refusal.
(c) (1) The injured individual may accept the motor vehicle liability insurer's settlement offer and execute releases in favor of the motor vehicle liability insurer and the motor vehicle liability insurer's insured without prejudice to any claim the injured individual may have against the underinsured motor vehicle insurer if 1 of the following applies:
a. The injured individual receives written consent under paragraph (b)(1) of this section to accept the settlement offer.
b. The underinsured motorist insurer does not comply with subsection (b) of this section.
(2) If consent or no response is provided by the underinsured motor vehicle insurer within 60 days of receipt of the notice under subsection (a) of this section, the underinsured motor vehicle insurer cannot deny the validity of any underinsured motorist coverage on the basis that other liability insurance existed for a given claim.
(d) Written consent by any underinsured motor vehicle insurer to acceptance of a settlement offer under paragraph (b)(1) of this section may not be construed to limit the right of the underinsured motor vehicle insurer to raise any issue relating to liability as to the cause of the underlying accident or damages in an action against the underinsured motor vehicle insurer.
(e) Nothing in this section may be construed as requiring consent from an underinsured motor vehicle insurer for any person to establish the validity of an underinsured motor vehicle claim.
84 Del. Laws, c. 67, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3905. Cancellation or nonrenewal of automobile policy — Notice of cancellation or intention not to renew; notice of reasons [For application of this section, see 79 Del. Laws, c. 390, § 8].

§ 3905. Cancellation or nonrenewal of automobile policy — Notice of cancellation or intention not to renew; notice of reasons [For application of this section, see 79 Del. Laws, c. 390, § 8].
(a) No cancellation of a policy to which § 3904(a) of this title applies shall be effective unless notice thereof is mailed or delivered by the insurer to the named insured at least 30 days prior to the effective date of cancellation and accompanied by the reason for cancellation, except that, where cancellation is for nonpayment of premium, at least 15 days' notice of cancellation accompanied by the reason therefor shall be given.
(b) No insurer shall fail to renew a policy except to which § 3903(b) of this title applies, unless it shall mail or deliver to the named insured, at his or her address last of record with the insurer, at least 30 days advance notice of its intention to nonrenew accompanied by the reason or reasons therefor. This subsection shall not apply in case of nonpayment of premium or if the insurer has manifested its willingness to renew. Notwithstanding the failure of an insurer to comply with this subsection, the policy shall terminate on the effective date of any other policy procured by the insured with respect to any automobile designated in both policies. Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation or nonrenewal which existed before the effective date of the renewal.
(c) The mailing of the notice of cancellation, or of intention not to renew, to the named insured at his or her last address of record with the insurer, shall be by certified mail or by USPS Intelligent Mail barcode (IMb). Proof of mailing of such notice shall be retained by the insurer for a period of not less than 1 year. This subsection shall not apply in case of nonpayment of premium.
(d) When a policy is cancelled or nonrenewed, other than for nonpayment of premium, the insurer shall notify the named insured of any possible eligibility for insurance through an automobile assigned risk plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew, and shall state that such notice of availability of the automobile assigned risk plan is given pursuant to this section.
(e) Each notice of cancellation, except as provided in § 3903(b) of this title, or nonrenewal of a policy shall contain or be accompanied by a notice of the named insured's right to apply to the Commissioner for an appeal therefrom.
18 Del. C. 1953, §  3905;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 154, §  2;  63 Del. Laws, c. 243, §  3;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 390, §  5;  82 Del. Laws, c. 160, § 2;  83 Del. Laws, c. 221, § 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3906. Cancellation or nonrenewal of automobile policy — Appeal to the Commissioner; order.

§ 3906. Cancellation or nonrenewal of automobile policy — Appeal to the Commissioner; order.
(a) A named insured who wishes to contest the reason or reasons for a cancellation or nonrenewal to which § 3904 of this title is applicable shall not less than 20 days prior to the effective date of cancellation or nonrenewal mail or deliver to the Commissioner a request for a review, which shall state clearly the basis for the appeal. The Commissioner's review of a named insured's appeal shall be on the papers. This subsection shall not apply to cancellation for nonpayment of premium. A cancellation or nonrenewal which is subject to the provisions of § 3904 of this title shall be deemed effective, unless the Commissioner determines otherwise in accordance with the provisions of such section.
(b) Within 2 working days after receipt of a timely request for an appeal, the Commissioner shall forward a copy of the insured's request to the insurer. Within 5 working days of its receipt of the appeal, the insurer shall submit to the Commissioner all documentation supporting the insurer's statutory authority to cancel or nonrenew the policy. The Commissioner may, where he or she finds that an unfairness will result to the insured because of delays or other circumstances beyond his or her control, extend the effective date of cancellation or nonrenewal for a period not to exceed 4 days from the date the notice of cancellation or nonrenewal was received by the insured. Each insurer authorized to transact automobile insurance in this State shall maintain a file with the Commissioner of the name and address of the person authorized to receive notices pursuant to this section on behalf of the insurer.
(c) The Commissioner, based on the documents submitted by the parties and at least 5 days prior to the effective date of the cancellation or nonrenewal, shall issue his or her written findings to the parties and, if he or she finds for the named insured, the Commissioner shall either order the insurer to rescind its notice of cancellation or nonrenewal or, if the date cancellation or nonrenewal is to be effective has lapsed, order the policy reinstated. Such order shall operate retroactively only to cover a period not to exceed 15 days from the date cancellation or nonrenewal otherwise would have been effective and prospectively from the date on which the order was issued, except that no policy shall be reinstated while the named insured is in arrears in payment of premium on the policy. If the Commissioner finds for the insurer, the Commissioner's written order shall so state. Reinstatement of a policy under this subsection shall not operate in any way to extend the expiration, termination or anniversary date provided in the policy.
(d) [Repealed.]
18 Del. C. 1953, §  3906;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 154, §  3;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 350, §  1;  83 Del. Laws, c. 221, § 3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3907. Cancellation or nonrenewal of automobile policy — Nonliability as to information; statements.

§ 3907. Cancellation or nonrenewal of automobile policy — Nonliability as to information; statements.
There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the insurer, its authorized representative, its agents, its employees or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or refusal to renew any policy under § § 3903-3906 of this title, for any statement made by any of them in any written notice or explanation of cancellation or refusal to renew, for the providing of information pertaining thereto, or for statements made or evidence submitted during an appeal conducted in connection therewith.
18 Del. C. 1953, §  3907;  56 Del. Laws, c. 380, §  1;  83 Del. Laws, c. 221, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3908. Cancellation or nonrenewal of automobile policy — Exceptions related to insurer's condition.

§ 3908. Cancellation or nonrenewal of automobile policy — Exceptions related to insurer's condition.
Nothing contained in §§ 3903-3907 of this title shall be construed to prevent the cancellation or nonrenewal of any such insurance where:
(1) Cancellation or nonrenewal is ordered under or in connection with a statutory delinquency proceeding commenced against the insurer under Chapter 59 of this title (Rehabilitation and Liquidation); or
(2) Cancellation or nonrenewal has been consented to by the Commissioner on a showing that continuation of such insurance can reasonably be expected to create a condition in the insurer hazardous to its policyholders, or to its creditors, or to its members, subscribers or stockholders, or to the public.
18 Del. C. 1953, §  3908;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3909. Automobile insurance; exclusion, cancellation or nonrenewal.

§ 3909. Automobile insurance; exclusion, cancellation or nonrenewal.
(a) The insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as to designated individuals. Any such cancellation or refusal to renew shall be subject to the applicable provisions of § 3903 through and including § 3907 of this title, and the notice provisions of those said sections shall apply equally to the exclusion, cancellation or refusal to renew coverage as to a designated individual or individuals.
(b) In any case where an insurer is authorized under this chapter to cancel or nonrenew any automobile policy under which more than 1 person is insured because of the record of 1 or more, but less than all of the persons insured under the policy, the insurer shall, in lieu of cancellation or nonrenewal, offer to continue or renew the insurance, but to exclude from coverage, by name, the person or persons whose record would have justified the cancellation or nonrenewal. The premiums charged on any such policy excluding a named driver or drivers shall not reflect the claims, experience or driving record of the excluded named driver or drivers.
(c) With respect to any person excluded from coverage under this section, the policy may provide that the insurer shall not be liable for damages, losses or claims arising out of this operation or use of the insured motor vehicle, whether or not such operation or use was with the express or implied permission of a person insured under the policy.
(d) Every insurer shall be required to offer to the driver or drivers excluded under this section coverage of the same type or types and in an amount or amounts at least as great as the types and amount of coverage carried on the vehicle or vehicles that the designated person is being excluded from, which coverage shall be offered at rates commensurate with the driving record of such excluded driver or drivers; provided, however, that such excluded driver or drivers shall not be required to carry coverage in any amount or amounts greater than those amounts required by the financial responsibility law of the State.
(e) The excluded driver or drivers shall be required to accept this offer of coverage, to furnish proof that such coverage is carried with another company, or surrender his or her motor vehicle operator's license to the Division of Motor Vehicles within 30 days after the offering of such coverage. Refusal to accept such coverage, the furnishing of adequate proof, or the failure to surrender his or her operator's license within the 30-day period will cause the cancellation of the policy or policies that they were excluded from. This provision shall apply as long as the designated individual could be considered a member of the household or possible occasional driver of the vehicle or vehicles he or she is being excluded from.
18 Del. C. 1953, §  3909;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 201, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3910. Automobile insurance — Insurer's right to impose deductible on renewal.

§ 3910. Automobile insurance — Insurer's right to impose deductible on renewal.
Nothing in §§ 3903-3909 of this title shall prohibit or be construed to prohibit an insurer from requiring a provision for a reasonable deductible not exceeding $100 in amount as to physical damage and comprehensive coverages of the policy as a condition to renewal of an automobile insurance policy.
18 Del. C. 1953, §  3910;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3911. Legislation affecting renewal of policies — Notice of nonrenewal by insurer.

§ 3911. Legislation affecting renewal of policies — Notice of nonrenewal by insurer.
(a) Any legislation enacted subsequent to July 9, 1973, or subsequent legislation affecting Chapter 21 of Title 21, shall not effect the renewal of policies as described in § 3903(a)(4) of this title, unless the legislation itself so specifies.
(b) When an insurer intends not to renew a commercial liability insurance policy, other than an automobile insurance policy, notice of such nonrenewal shall be given to the named insured, in writing, not less than 60 days prior to the end of the policy period. For the purposes of this subsection, “renew” means the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term. Mailing of notice of intention not to renew to the named insured at his or her address last of record with the insurer shall be by certified mail.
18 Del. C. 1953, §  3911;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 154, §  4;  66 Del. Laws, c. 309, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3912. Prohibition against premium increase or termination in certain circumstances.

§ 3912. Prohibition against premium increase or termination in certain circumstances.
(a) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant to § 1009 of Title 10.
(b) No premium may be increased on any contract of casualty insurance based on a license revocation or suspension imposed on the named insured or any other operator who either resides in the same household or customarily operates an automobile insured under such policy for a nondriving-related drug offense pursuant to § 2707(b)(11) or § 4177H(a) of Title 21.
(c) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant to § 904 of Title 4.
(d) No premium may be increased on any contract of casualty insurance based solely on a license denial or suspension imposed in accordance with § 516(g) or § 2216 of Title 13 on a named insured or any other operator who either resides in the same household or customarily operates an automobile insured under such policy.
(e) No insurer may terminate, or increase any premium on, a contract of casualty insurance solely based on a named insured or any other operator who either resides in the same household or customarily operates an automobile insured under such policy serving as a driver who is not monetarily compensated for a nonprofit transportation entity, such as Independent Transportation Network of America and its affiliates. For purposes of this subsection, “nonprofit” means any organization subject to § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)), as amended.
59 Del. Laws, c. 307, §  5;  69 Del. Laws, c. 125, §  6;  70 Del. Laws, c. 452, §  9;  71 Del. Laws, c. 216, §  87;  71 Del. Laws, c. 228, §§  2, 4;  80 Del. Laws, c. 366, § 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3913. Requests for driving records; limitation.

§ 3913. Requests for driving records; limitation.
No insurer issuing a policy of insurance as described in this chapter shall, before such policy is issued, require that the proposed insured provide such insurer with his or her driving record for any period other than the 3 years immediately preceding the proposed effective date of such policy; provided, however, that if no violations or accidents are reflected on such record for 2 years immediately preceding the proposed effective date of such policy during which period the insured held a valid operator's license, then an insurer may not consider more than such 2-year period for the purpose of issuing a policy of insurance.
62 Del. Laws, c. 391, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3914. Notice of statute of limitations required.

§ 3914. Notice of statute of limitations required.
An insurer shall be required during the pendency of any claim received pursuant to a casualty insurance policy to give prompt and timely written notice to claimant informing claimant of the applicable state statute of limitations regarding action for his or her damages.
63 Del. Laws, c. 236, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3915. Cash refund on cancellation of policy.

§ 3915. Cash refund on cancellation of policy.
(a) No insurer shall honor a request for a cash refund on cancellation of a policy by the insured until such time as the insured has provided sufficient evidence to the insurer that one of the following has occurred:
(1) The insured has other insurance in effect which provides at least such minimum insurance coverage as is set forth in § 2118 of Title 21.
(2) The insured vehicle is no longer owned by the insured.
(3) The vehicle is no longer operable or capable of being repaired so as to become operable.
(4) The insured becomes self-insured under the provisions of § 2904 of Title 21.
(b) The requirement of “sufficient evidence” under subsection (a) of this section is satisfied by the insured providing the insurer with an affidavit certifying that any 1 of the conditions set forth in subsection (a) of this section has occurred. The insurer shall notify any insured who requests a cash refund on cancellation of a policy of the requirements of this section, and shall provide an appropriate form of affidavit, approved by the Insurance Commissioner (who is expressly authorized to approve appropriate forms of such affidavit), for execution by the insured. Any form of affidavit presented to or executed by an insured under this section shall bear a notice to the effect that false statements therein are punishable pursuant to § 1233 of Title 11.
67 Del. Laws, c. 142, §  1;  67 Del. Laws, c. 218, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3916. Unfair trade practices.

§ 3916. Unfair trade practices.
No insurance company, domestic or foreign, or any agent or employee shall require that automobile glass repair or replacement work be performed by a particular facility, individual or business establishment as a condition of payment of a claim.
69 Del. Laws, c. 195, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3917. Military deployment as a factor in automobile insurance rates.

§ 3917. Military deployment as a factor in automobile insurance rates.
(a) An insurer shall not use a lapse in an insured's automobile insurance coverage as a factor in determining a new automobile insurance policy rate if the lapse was due to the cancellation or nonrenewal of the policy by the insurer, the cancellation of the policy by the insured, or by the insured's failure to pay the policy renewal premium, as a result of the insured's deployment, whether inside or outside the United States or its waters, as a member of the military, military reserve, or National Guard. An insurer may require the insured to provide reasonable documentation to verify the insured's deployment. As used in this section, the term “deployment” does not include a permanent change of station within the United States.
(b) The spouse of an insured protected by subsection (a) of this section shall be similarly protected if that spouse accompanies an insured on the deployment.
76 Del. Laws, c. 263, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 221, § 5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3918. Vehicle data-reporting device.

§ 3918. Vehicle data-reporting device.
(a) An insurer seeking to install a data-reporting device in a private passenger vehicle, or seeking to use a previously installed device for the purpose of obtaining data, shall inform the policyholder of such installation or use, of the data that may be obtained by the insurer from such device, and how the installation or use and removal or discontinuation of such device can affect the cost of insurance coverage.
(b) An insurer may not install or use a data reporting device in a private passenger vehicle unless an insured listed as the policyholder consents to such installation or use.
(c) The disclosure of any nonpublic personal information and any nonpublic confidential information collected by a vehicle data reporting device shall be governed by § 535 of this title and 18 DE Admin. Code 904-1.0 to 18 DE Admin. Code 904-16.0.
(d) Any private passenger vehicle insurance rating plan that uses data obtained by a vehicle data-reporting device shall be subject to Chapter 25 of this title and 18 DE Admin. Code 1902-1.0 to 18 DE Admin. Code 1902-6.0.
(e) This section applies to private passenger vehicle insurance issued to individual policyholders primarily for personal, family or household purposes. This section does not apply to policies issued to commercial entities or individuals who obtain insurance products or services for business, commercial or agricultural purposes.
(f) For purposes of this section, a “data reporting device” is any device that is capable of maintaining, transmitting, or storing, a vehicle's telematics and driving data.
79 Del. Laws, c. 219, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3919. Addition of minor children and foster children to existing motor vehicle policies [Effective until Apr. 1, 2025].

§ 3919. Addition of minor children and foster children to existing motor vehicle policies [Effective until Apr. 1, 2025].
(a) If requested by an insured, an insurer is required to add the following individuals to the insured's existing policy as an additional driver:
(1) Any licensed minor child of the insured who resides with the insured.
(2) Any licensed foster child placed into the temporary care of the insured by the Department of Services for Children, Youth and Their Families or pursuant to a court order.
(b) Policies under which coverage is extended to licensed foster children under this section must continue to be rated as personal, and not commercial, automobile policies.
(c) Insurers may not increase premium rates on policies under which coverage is extended under this section solely because of the addition of the licensed minor child or licensed foster child as a named driver, unless the increase is actuarially justified.
(d) (1) Unless actuarily justified, an insurer that issues an insurance policy on a private passenger motor vehicle to an insured who is a foster parent of a foster child may not charge an additional premium for coverage of the foster child while the child is operating the insured vehicle if the foster child has procured a separate policy through participation in the program established under § 9011A of Title 29.
(2) An insurer may exclude a foster child who has procured a separate policy through participation in the program established under § 9011A of Title 29 from the private passenger motor vehicle insurance policy of the foster child's foster parent.
81 Del. Laws, c. 128, § 1;  83 Del. Laws, c. 453, § 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3919. Addition of minor children and foster children to existing motor vehicle policies [Effective Apr. 1, 2025].

§ 3919. Addition of minor children and foster children to existing motor vehicle policies [Effective Apr. 1, 2025].
If requested by the insured, an insurer is required to add the following individuals to the insured's existing policy as an additional driver:
(1) Any licensed minor child of the insured who resides with the insured.
(2) Any licensed foster child placed into the temporary care of the insured by the Department of Services for Children, Youth and Their Families or pursuant to a court order.
Policies under which coverage is extended to licensed foster children pursuant to this section shall continue to be rated as personal, and not commercial, automobile policies. Insurers may not increase premium rates on policies under which coverage is extended pursuant to this section solely because of the addition of the licensed minor child or licensed foster child as a named driver, unless the increase is actuarially justified.
81 Del. Laws, c. 128, § 1;  83 Del. Laws, c. 453, § 2;  83 Del. Laws, c. 453, § 11;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 39. CASUALTY INSURANCE CONTRACTS › § 3921. Youth in foster care status as a factor in automobile insurance rates [Expires Apr. 1, 2025, pursuant to 83 Del. Laws, c. 453, § 11].

§ 3921. Youth in foster care status as a factor in automobile insurance rates [Expires Apr. 1, 2025, pursuant to 83 Del. Laws, c. 453, § 11].
(a) For purposes of this section, “youth in foster care” means any of the following:
(1) A child in the custody of the Department of Services for Children, Youth, and Their Families (“Department”).
(2) A child in the Department's custody who reaches permanency status.
(3) A child in the Department's custody who turns 18 years of age.
(4) An individual who is subject to extended jurisdiction under § 929 of Title 10.
(5) An individual who receives independent living services from the Department.
(b) An insurer may not use any of the following as a factor in determining a youth in foster care's new automobile insurance policy rate:
(1) A lapse in the youth in foster care's automobile coverage if any of the following apply:
a. The lapse was due to the cancellation or nonrenewal of a policy because of the cancellation of the youth in foster care's participation in the program established under § 9011A of Title 29.
b. The youth in foster care has used all resources available under the program established under § 9011A of Title 29 or otherwise becomes ineligible for the program.
(2) That the youth in foster care did not receive a Class D operator's license through the youth in foster care's participation in the Level 1 Learner's Permit process under § 2710 of Title 21.
(c) An insurer may require a youth in foster care to provide reasonable documentation to verify the youth in foster care's change in eligibility for the program established under § 9011A of Title 29.
83 Del. Laws, c. 453, § 3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 40. HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID › § 4001. Scope of chapter.

§ 4001. Scope of chapter.
The provisions of this chapter shall apply to:
(1) Any insurer providing insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto;
(2) A health service corporation, notwithstanding any provision to the contrary in Chapter 63 of this title;
(3) A health maintenance organization, notwithstanding any provision to the contrary in Chapter 64 of this title;
(4) A group health plan, as defined in § 607(1) of the federal Employee Retirement Income Security Act of 1974 [29 U.S.C. § 1167(1)];
(5) An entity offering a service benefit plan or a pharmacy benefit manager;
(6) A self-funded entity or group providing health-care coverage;
(7) Any person or entity which provides coverage in this State for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital or optometric expenses, whether such coverage is by direct payment, reimbursement or otherwise; and
(8) Any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health-care item or service.
69 Del. Laws, c. 444, §  1;  76 Del. Laws, c. 190, §§  2, 3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 40. HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID › § 4002. Health insurance for children.

§ 4002. Health insurance for children.
(a) No health insurer shall deny enrollment of a child under the health coverage of the child's parent on the ground that:
(1) The child was born out of wedlock;
(2) The child is not claimed as a dependent on the parent's federal income tax return; or
(3) The child does not reside with the parent or in the insurer's service area.
(b) In any case in which a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage through a health insurer, such health insurer shall:
(1) Permit such parent to enroll under such family coverage any such child who is otherwise eligible for such coverage (without regard to any enrollment season restrictions);
(2) If such parent is enrolled but fails to make application to obtain coverage of such child, enroll such child under such family coverage upon application by the child's other parent, the Family Court or by a state agency administering a program under Part D, Title IV of the federal Social Security Act [42 U.S.C. § 651 et seq.], or Title XIX of the federal Social Security Act [42 U.S.C. § 1396 et seq.]; and
(3) Not disenroll (or eliminate coverage of) such a child unless the health insurer is provided satisfactory written evidence that:
a. Such court or administrative order is no longer in effect; or
b. The child is or will be enrolled in comparable health coverage through another health insurer which will take effect not later than the effective date of such disenrollment.
(c) In any case in which a child has health coverage through the health insurer of a noncustodial parent, the insurer shall:
(1) Provide such information to the custodial parent as may be necessary for the child to obtain benefits through such coverage;
(2) Permit the custodial parent (or provider, with the custodial parent's approval) to submit claims for covered services without the approval of the noncustodial parent; and
(3) Make payment on claims submitted in accordance with paragraph (c)(2) of this section directly to such custodial parent, the provider, or the state agency administering a program under part D, Title IV of the federal Social Security Act [42 U.S.C. § 651 et seq.] or Title XIX of the federal Social Security Act [42 U.S.C. § 1396 et seq.].
69 Del. Laws, c. 444, §  1;  71 Del. Laws, c. 216, §  12;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 40. HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID › § 4003. Health insurance for persons on Medicaid.

§ 4003. Health insurance for persons on Medicaid.
(a) No health insurer, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, shall take into account that the individual is eligible for or is provided medical assistance under a Medicaid Plan of this State or any other state.
(b) Where a state agency has been assigned the rights of an individual eligible for medical assistance under Title XIX of the federal Social Security Act [42 U.S.C. § 1396 et seq.] and such individual is covered for health benefits from a health insurer, no such health insurer shall impose requirements on the state agency that are different from requirements applicable to an agent or assignee of any other individual so covered.
69 Del. Laws, c. 444, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 40. HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID › § 4004. Definitions.

§ 4004. Definitions.
As used in this chapter:
(1) “Department” means the Delaware Department of Health and Social Services.
(2) “Health insurer” includes all of the following:
a. An insurer providing insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto.
b. A health service corporation.
c. A health maintenance organization.
d. A group health plan, as defined in § 607(1) of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1167(1)).
e. Any entity offering a service benefit plan.
f. A self-funded entity or group providing health-care coverage.
g. A pharmacy benefit manager.
h. Any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health-care item or service.
i. Any person or other entity which provides coverage in this State for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether such coverage is by direct payment, reimbursement, or otherwise.
69 Del. Laws, c. 444, §  1;  76 Del. Laws, c. 190, §§  4, 5;  81 Del. Laws, c. 79, § 32;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 40. HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID › § 4005. Administrative procedures.

§ 4005. Administrative procedures.
The Commissioner may issue regulations in accordance with § 314 of this title and Chapter 101 of Title 29 for the implementation and administration of this chapter.
69 Del. Laws, c. 444, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 40. HEALTH INSURANCE FOR CHILDREN AND PERSONS ON MEDICAID › § 4006. Data sharing.

§ 4006. Data sharing.
The Department is authorized to require any health insurer to provide, upon the request of the Department, eligibility and coverage information (including, but not limited to the name, address, date of birth, Social Security number, policy number, group identification number, types of covered services under the policy, effective dates of coverage, and termination date for each client) that will enable the Department to determine during what period Medicaid recipients may be or may have been covered by the health insurer and the nature of the coverage that is or was provided. This information shall be referred to as the “Plan Eligibility Data Elements.” The Department may enter into agreements with the health insurers for the purpose of carrying out the provisions of this section. The agreement shall provide for the electronic exchange of data between the parties at a mutually agreed upon frequency and in a format specified by the Department designed to verify that an individual has coverage, but no less frequently than once every 2 months. The agreement shall specify the data elements that shall be included on the electronic file from the health insurer. No health insurer that provides data required by the Department, whether confidential or not, shall be held liable for the provision of such data to the Department or for any use made thereof. The Department shall have procedures in place to ensure compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191] relating to the privacy and security of individually identifiable health information, as applicable.
76 Del. Laws, c. 190, §  6;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter I. Generally › § 4101. Contracts subject to general provisions.

§ 4101. Contracts subject to general provisions.
All contracts of property insurance covering subjects located in this State are subject to the applicable provisions of Chapter 27 (The Insurance Contract) of this title, and to other applicable provisions of this title.
18 Del. C. 1953, §  4101;  56 Del. Laws, c. 468, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter I. Generally › § 4102. Attorneys' fees.

§ 4102. Attorneys' fees.
The court upon rendering judgment against any insurer upon any policy of property insurance, as “property” insurance is defined in § 904 of this title, shall allow the plaintiff a reasonable sum as attorneys' fees to be taxed as part of the costs.
18 Del. C. 1953, §  4102;  56 Del. Laws, c. 468, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4103. Definitions.

§ 4103. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Basic property insurance” means insurance against direct loss to any property caused by perils as defined and limited in the standard fire policy and extended coverage endorsement as filed with the Commissioner.
(2) “Commissioner” means the Insurance Commissioner of the State of Delaware.
(3) “Inspection bureau” means any organization designated by the Commissioner to make inspections to determine the insurability and conditions of the properties where basic property insurance is sought.
(4) “Premiums written” means gross direct premiums charged on all policies of basic property insurance and the basic property insurance premium components of all multiperil policies, less return premiums, dividends paid or credited to policyholders and the unabsorbed portion of premium deposits.
(5) “Qualified property” means all real and tangible personal property at fixed locations, whether or not subject to exposure from an external hazard located on property not owned or controlled by the prospective insured, and whether or not subject to exposure from riot hazard which:
a. Complies with applicable state laws and regulations and local building codes and ordinances; and
b. Is not commonly owned or controlled, or combinable for rating purposes, with property insured for similar coverages elsewhere; and
c. Has characteristics of ownership, condition or occupancy which do not violate public policy.
d. For purposes of homeowners and insurance and fire protection insurance, no policy shall exclude a dwelling unit or personal property within the dwelling unit from coverage as being unoccupied if:
1. The unit is regularly maintained;
2. Utility services are available and in use; and
3. The unit remains furnished as a dwelling unit,
provided, however, that this protection shall not apply if the dwelling unit remains unoccupied beyond a period of 60 consecutive days.
e. The Commissioner shall require the insurer to notify the insured of the 60-day exception contained in paragraph (5)d. of this section.
18 Del. C. 1953, §  4103;  56 Del. Laws, c. 468, §  2;  58 Del. Laws, c. 23, §  1;  64 Del. Laws, c. 371, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4104. Purpose.

§ 4104. Purpose.
The purposes of this subchapter are:
(1) To assure stability in the property insurance market of this State;
(2) To make basic property insurance available for qualified property established by this section;
(3) To encourage maximum use in obtaining basic property insurance of the available, normal insurance market provided by the private property insurance industry;
(4) To provide for equitable distribution among authorized insurers of the responsibility for insuring qualified property for which basic property insurance cannot be obtained through the normal insurance market.
18 Del. C. 1953, §  4104;  56 Del. Laws, c. 468, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4105. Inspection.

§ 4105. Inspection.
(a) Any person having an insurable interest in real and tangible personal property at a fixed location who has made a diligent effort to obtain basic property insurance in the normal insurance market shall be entitled upon request to an inspection of the property by representatives of the inspection bureau. Such request shall be upon forms and in accordance with procedures reviewed by the Commissioner.
(b) The plan of operation of the inspection bureau, the manner and scope of the inspection and the form of the inspection report shall be submitted by the inspection bureau in written report for review by the Commissioner.
(c) A copy of the inspection report shall be made available to the applicant or the applicant's agent or the insurer upon request.
18 Del. C. 1953, §  4105;  56 Del. Laws, c. 468, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4106. Establishment of industry placement facility.

§ 4106. Establishment of industry placement facility.
An industry placement facility shall be established by authorized insurers to formulate and administer a program for the equitable distribution and placement of applications for basic property insurance for qualified property which has been so inspected. Separate classifications may be established for the purpose of equitable distribution. Such programs should be intended to conform with the applicable provisions of the National Insurance Development Corporation Act of 1968 [former 12 U.S.C. § 1749bbb et seq., repealed], or other such title as such federal legislation may bear upon enactment.
18 Del. C. 1953, §  4106;  56 Del. Laws, c. 468, §  2;  58 Del. Laws, c. 23, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4107. Review.

§ 4107. Review.
Any facility, plan, program or form required under this subchapter shall be subject to review by the Commissioner and deemed to meet the requirements of this subchapter unless disapproved.
18 Del. C. 1953, §  4107;  56 Del. Laws, c. 468, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4108. Failure of industry placement facility program.

§ 4108. Failure of industry placement facility program.
If the Commissioner finds, after a reasonable period of time, that the plan of operation set forth in § 4106 of this title is not creating a market which meets the purposes of that section, the Commissioner may order the implementation of §§ 4109 and 4110 of this title.
18 Del. C. 1953, §  4108;  56 Del. Laws, c. 468, §  2;  70 Del. Laws, c. 186, §  1;