reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7710. Joint sureties or debtors; assignment.

§ 7710. Joint sureties or debtors; assignment.
Where several persons are bound together in any bond, bill or other writing as joint debtors or as joint sureties, in any sum of money made payable to any person, his or her executors, administrators, order or assign and such bond, bill, or other writing shall be paid by any of such joint debtors or joint sureties, the creditor shall assign such bond, bill, or other writing, to the person paying the same; and such assignee shall, in his or her own name, as assignee, or otherwise, have such action or remedy as the creditor himself or herself might have had against the other joint debtors, or sureties, or their representatives, to recover such proportion of the money, so paid, as may be justly due from the defendants.
18 Del. C. 1953, §  7710;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7711. Defense of infancy to joint sureties or debtors.

§ 7711. Defense of infancy to joint sureties or debtors.
Where several persons are bound together in any bond, bill or other writing or judgment as joint debtors or as joint sureties, in any sum of money, made payable to any person or corporation, the executors, administrators, successors, order or assigns, and 1 or more of such persons was, at the time of making, signing or executing the same, or at the time of the rendition of such judgment, an infant, such fact shall be no defense in any action, proceeding or suit for the enforcement of the liability of those bound thereunder, excepting as regards the person who was an infant at the time of making, signing or executing such bond, bill or other writing, or who was an infant at the time such judgment was rendered.
18 Del. C. 1953, §  7711;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7712. Rights of surety or of joint debtor on payment of judgment.

§ 7712. Rights of surety or of joint debtor on payment of judgment.
(a) If a judgment recovered against principal and surety shall be paid by the surety, the creditor shall mark such judgment to the use of the surety so paying the same; and the transferee shall, in the name of the plaintiff, have the same remedy by execution or other process against the principal debtor as the creditor could have had, the transfer by marking to the use of the surety being first filed of record in the court where the judgment is.
(b) Where there is a judgment against several debtors or sureties and any of them shall pay the whole, the creditor shall mark such judgment to the use of the persons so paying the same; and the transferee shall, in the name of the plaintiff, be entitled to an execution or other process against the other debtors or sureties in the judgment, for a proportionable part of the debt or damages paid by such transferee; but, no defendant shall be debarred of any remedy against the plaintiff or the plaintiff's representatives or assigns by any legal or equitable course of proceeding whatever.
18 Del. C. 1953, §  7712;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7713. Affidavit of sum due.

§ 7713. Affidavit of sum due.
Before any transferee shall have the benefit of § 7712 of this title, the transferee shall file in the court, or before the justice of the peace where such proceedings are instituted, a statement of the sum due from the defendant with an affidavit that it is wholly unpaid.
18 Del. C. 1953, §  7713;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7714. Execution and effect of transfer.

§ 7714. Execution and effect of transfer.
Transfers, by marking to the use of the persons paying such judgment, shall be in writing, signed by the plaintiff or by the plaintiff's attorney of record, and after the date thereof, the plaintiff may not release, or discharge any of the debts or sums so paid, but such transfer shall be without recourse to the plaintiff, and shall not make the plaintiff liable to the transferee in case the latter shall not recover the same.
18 Del. C. 1953, §  7714;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7715. Application of chapter.

§ 7715. Application of chapter.
Every provision in this chapter giving a right or remedy to, or imposing a duty upon, or referring to the act of a debtor, obligor, assignor or transferor, or a surety, obligee, assignee or transferee, creditor, or other person shall be construed to extend to or against his or her executors, administrators or assigns, when so applicable.
18 Del. C. 1953, §  7715;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7716. Remedies of codebtor or cosurety.

§ 7716. Remedies of codebtor or cosurety.
(a) Whenever 1 or more of several codebtors or cosureties for the payment of a debt shall pay or shall have paid to the creditor or creditors the sum due, including the costs, if any, that may have been incurred by them, the person or persons so paying, if the amount paid shall exceed their proportion of liability for the demand, shall be entitled to have a transfer of the creditor's or creditors' securities for the payment of the debt, whatever the nature of such securities may be, to enable him or her or them to obtain contribution from the others, liable with himself or herself or themselves; such transfer may be made by assignment, marking to the use, or other appropriate method.
(b) When such transfer is made, the transferee or transferees shall be entitled to and shall have in his or her or their own name or names as such, or by and in the name of such creditor or creditors, for his or her or their own use as transferee or transferees, all and singular the remedy or remedies against the other debtor or debtors, surety or sureties which the creditor or creditors could have; and no such payment shall in anywise operate to discharge, impair or otherwise affect the securities held by the creditor or creditors to the prejudice of the debtor or debtors, surety or sureties, so paying; nor shall any release of such codebtor or codebtors, cosurety or cosureties, or entry of satisfaction upon any lien against him or her or them operate in any respect as a payment or discharge of the demand itself or of any of the securities therefor as against the other parties originally bound, to the end that such codebtor or codebtors, cosurety or cosureties may recover by the use of the creditor or creditors' means or remedies the proportion of the demand which the codebtor or codebtors, cosurety or cosureties ought to pay according to law and equity.
(c) The transfer to be made by the creditor or creditors shall not enable the transferee or transferees to take any legal proceedings against the codebtor or codebtors, cosurety or cosureties, unless such transferee or transferees, or some creditable person for him or her or them, shall first file in the office of the Prothonotary or justice of the peace of the county where legal proceedings are contemplated to be taken an affidavit, setting forth the amount which he or she claims his or her or their codebtor or codebtors, cosurety or cosureties is or are bound to contribute on account of such coindebtment or cosuretyship, and such amount shall be endorsed by the Prothonotary or magistrate upon the process issued.
18 Del. C. 1953, §  7716;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 77. SURETYSHIP › Subchapter II. Rights of Sureties › § 7717. Entry of satisfaction of judgment.

§ 7717. Entry of satisfaction of judgment.
(a) Upon the payment of any judgment under and according to the provisions of this chapter, the right or power of the creditor or plaintiff therein to enter satisfaction upon the record of such judgment shall eo instanti, cease and determine, and this whether the transfer of such judgment shall have been made or not; the fact of the payment thereof shall be sufficient.
(b) If any creditor or plaintiff in such judgment, after payment of any judgment to such creditor or plaintiff shall enter or cause to be entered satisfaction of the judgment upon the record thereof, without the express consent, in writing, of the person entitled, under the provisions of this chapter, to its transfer, the court in which such judgment is recovered shall, upon application of the person so entitled and upon sufficient proof of the facts, strike from the record the entry of satisfaction, whereupon the judgment shall be and remain in full force and virtue, and as valid and binding upon the defendant therein as it was or could have been, had such entry of satisfaction never been made. The application shall be in writing, and sworn or affirmed to by the applicant, and shall contain a general statement of the facts. Nothing in this section shall be construed to divest or interfere in any way with any rights which may have been acquired by innocent third persons who, in good faith, and without notice, may have relied and acted upon the protection and security of the entry of satisfaction. No defendant shall be debarred of any remedy against the plaintiff or the plaintiff's representatives or assigns by any legal or equitable course of proceedings whatever.
18 Del. C. 1953, §  7717;  56 Del. Laws, c. 460;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8001. Purpose.

§ 8001. Purpose.
The purpose of this chapter is to regulate the formation and/or operation of risk retention groups and purchasing groups in this State formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 (“RRA 1986”) [15 U.S.C. § 3901 et seq.], to the extent permitted by such law.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8005. Compulsory associations.

§ 8005. Compulsory associations.
(a) No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this State, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit from any such fund for claims arising under the insurance policies issued by such risk retention group.
(b) When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this State or a risk retention group, no such risks, wherever resident or located, shall be covered by any insurance guaranty fund or similar mechanism in this State.
(c) When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this State shall be covered by the State Guaranty Fund subject to Chapter 42 of this title.
68 Del. Laws, c. 57, §  1;  68 Del. Laws, c. 335, §  4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8006. Countersignatures not required.

§ 8006. Countersignatures not required.
A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in Chapter 17 of this title.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8007. Purchasing groups — Exemption from certain laws.

§ 8007. Purchasing groups — Exemption from certain laws.
A purchasing group and its insurer or insurers shall be subject to all applicable laws of this State, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law that would:
(1) Prohibit the establishment of a purchasing group;
(2) Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters;
(3) Prohibit a purchasing group or its members from purchasing insurance on a group basis described in paragraph (2) of this section;
(4) Prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;
(5) Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form;
(6) Require that a certain percentage of a purchasing group must obtain insurance on a group basis;
(7) Otherwise discriminate against a purchasing group or any of its members; or
(8) Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in this State.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8008. Notice and registration requirements of purchasing groups.

§ 8008. Notice and registration requirements of purchasing groups.
(a) A purchasing group which intends to do business in this State shall, prior to doing business, furnish notice to the Commissioner which shall:
(1) Identify the state in which the group is domiciled;
(2) Identify all other states in which the group intends to do business;
(3) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;
(4) Identify the insurance company or companies from which the group intends to purchase its insurance and the domicile of such company;
(5) Specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in this State;
(6) Identify the principal place of business of the group; and
(7) Provide such other information as may be required by the Commissioner to verify that the purchasing group is qualified under § 8002(10) of this title.
(b) A purchasing group shall, within 10 days, notify the Commissioner of any changes in any of the items set forth in subsection (a) of this section.
(c) The purchasing group shall register with and designate the Commissioner as its agent solely for the purpose of receiving service of legal documents or process, for which a filing fee shall be determined by the Commissioner, except that such requirements shall not apply in the case of a purchasing group which only purchases insurance that was authorized under the federal Product Liability Risk Retention Act of 1981 [15 U.S.C. § 3901 et seq.], and:
(1) Which in any state of the United States:
a. Was domiciled before April 1, 1986; and
b. Is domiciled on and after October 27, 1986;
(2) Which:
a. Before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and
b. Since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or
(3) Which was a purchasing group under the requirements of the federal Product Liability Risk Retention Act of 1981 [15 U.S.C. § 3901 et seq.] before October 27, 1986.
(d) Each purchasing group that is required to give notice pursuant to subsection (a) of this section shall also furnish such information as may be required by the Commissioner to:
(1) Verify that the entity qualifies as a purchasing group;
(2) Determine where the purchasing group is located; and
(3) Determine appropriate tax treatment.
(e) Any purchasing group which was doing business in this State prior to June 25, 1991, shall, within 30 days after June 25, 1991, furnish notice to the Commissioner pursuant to subsection (a) of this section and furnish such information as may be required pursuant to subsections (b) and (c) of this section.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8009. Restrictions on insurance purchased by purchasing groups.

§ 8009. Restrictions on insurance purchased by purchasing groups.
(a) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.
(b) A purchasing group which obtains liability insurance from an insurer not admitted in this State or a risk retention group shall inform each of the members of such group which have a risk resident or located in this State that such risk is not protected by an insurance insolvency guaranty fund in this State, and that such risk retention group or such insurer may not be subject to all insurance laws and regulations of this State.
(c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.
(d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8010. Purchasing group taxation.

§ 8010. Purchasing group taxation.
Premium taxes and taxes on premiums paid for coverage of risks resident or located in this State by a purchasing group or any members of the purchasing groups shall be:
(1) Imposed at the same rate and subject to the same interest, fines and penalties as that applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source by other insureds; and
(2) Paid first by such insurance source, and if not by such source by the agent or broker for the purchasing group, and if not by such agent or broker then by the purchasing group, and if not by such purchasing group then by each of its members.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8011. Administrative and procedural authority regarding risk retention groups and purchasing groups.

§ 8011. Administrative and procedural authority regarding risk retention groups and purchasing groups.
The Commissioner is authorized to make use of any of the powers established under the Insurance Code of this State to enforce the laws of this State not specifically preempted by the Risk Retention Act of 1986 [15 U.S.C. § 3901 et seq.] including the Commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings or litigation, the Commissioner can rely on the procedural laws of this State. The injunctive authority of the Commissioner, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8012. Duty of agents or brokers to obtain license.

§ 8012. Duty of agents or brokers to obtain license.
(a) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance in this State from a risk retention group unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with Chapter 17 of this title.
(b) Purchasing groups. — (1) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance in this State for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with Chapter 17 of this title.
(2) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance coverage in this State for any member of a purchasing group under a purchasing group's policy unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with Chapter 17 of this title.
(3) No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance from an insurer not authorized to do business in this State on behalf of a purchasing group located in this State unless such person, firm, association or corporation is licensed as a surplus lines agent or excess line broker in accordance with Chapter 17 of this title.
(c) For purposes of acting as an agent or broker for a risk retention group or purchasing group pursuant to subsections (a) and (b) of this section, the requirement of residence in this State shall not apply.
(d) Every person, firm, association or corporation licensed pursuant to Chapter 17 of this title, on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice required by § 8004(7) of this title in the case of a risk retention group and § 8009(c) of this title in the case of a purchasing group.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 80. RISK RETENTION ACT › § 8013. Binding effect of orders issued in United States District Court.

§ 8013. Binding effect of orders issued in United States District Court.
An order issued by any District Court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state (or in all states or in any territory or possession of the United States) upon a finding that such a group is in hazardous financial or financially impaired condition shall be enforceable in the courts of the State.
68 Del. Laws, c. 57, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8301. Purpose [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8301. Purpose [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
The purpose of this chapter is to regulate the use of credit information for personal insurance, so that consumers are afforded certain protections with respect to the use of such information.
81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8302. Scope [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8302. Scope [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
This chapter applies to all policies of automobile, motorcycle, boat and personal watercraft, recreational vehicle, homeowners, mobile-homeowners, manufactured homeowners insurance, and noncommercial dwelling fire insurance issued by an insurer for personal or family protection.
76 Del. Laws, c. 175, §  1;  81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8303. Definitions [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8303. Definitions [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
As used in this chapter:
(1) “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of personal insurance.
(2) “Affiliate” means any company that controls, is controlled by, or is under common control with another company.
(3) “Applicant” means an individual who has applied to be covered by a personal insurance policy with an insurer.
(4) “Consumer” means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or an applicant for such a policy.
(5) “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(6) “Credit information” means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related shall not be considered “credit information,” regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score.
(7) “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement.
(8) “Insurance score” means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.
76 Del. Laws, c. 175, §  1;  81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8305. Extraordinary life circumstances [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8305. Extraordinary life circumstances [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
(a) Notwithstanding any other law or regulation, an insurer that uses credit information shall, on written request from an applicant for insurance coverage or an insured, provide reasonable exceptions to the insurer's rates, rating classifications, company or tier placement, or information that has been directly influenced by any of the following events:
(1) Catastrophic event, as declared by the federal or state government.
(2) Serious illness or injury, or serious illness or injury to an immediate family member.
(3) Death of a spouse, child, or parent.
(4) Divorce or involuntary interruption of legally-owed alimony or support payments.
(5) Identity theft.
(6) Temporary loss of employment for a period of 3 months or more, if it results from involuntary termination.
(7) Military deployment overseas.
(8) Other events, as determined by the insurer.
(b) If an applicant or insured submits a request for an exception as set forth in subsection (a) of this section, an insurer may, in its sole discretion, but is not mandated to do any of the following:
(1) Require the consumer to provide reasonable written and independently verifiable documentation of the event.
(2) Require the consumer to demonstrate that the event had direct and meaningful impact on the consumer's credit information.
(3) Require such request be made no more than 60 days from the date of the application for insurance or the policy renewal.
(4) Grant an exception despite the consumer not providing the initial request for an exception in writing.
(5) Grant an exception where the consumer asks for consideration of repeated events or the insurer has considered this event previously.
(c) An insurer is not out of compliance with any law or rule relating to underwriting, rating, or rate filing as a result of granting an exception under this section. Nothing in this section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.
(d) The insurer shall provide notice to consumers that reasonable exceptions are available and information about how the consumer may inquire further.
(e) Within 30 days of the insurer's receipt of sufficient documentation of an event described in subsection (a) of this section, the insurer shall inform the consumer of the outcome of the request for a reasonable exception. Such communication shall be in writing or provided to an applicant in the same medium as the request.
81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8306. Dispute resolution and error correction [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8306. Dispute resolution and error correction [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of such determination from either the consumer reporting agency or from the insured, the insurer shall re-underwrite and rerate the consumer within 30 days of receiving the notice. After re-underwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual policy period.
81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8308. Adverse action [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8308. Adverse action [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
If an insurer takes an adverse action based upon credit information, the insurer must meet all of the following notice requirements:
(1) Provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681m(a).
(2) Provide notification to the consumer explaining the reason for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. Such notification shall include a description of up to 4 factors that were the primary influences of the adverse action. The use of generalized terms such as “poor credit history,” “poor credit rating,” or “poor insurance score” does not meet the explanation requirements of this paragraph. Standardized credit explanations provided by consumer reporting agencies or other third-party vendors are deemed to comply with this section.
(3) If the adverse action is a denial of personal insurance, provide notification that the applicant may inquire further about the credit information on which the denial is based and obtain a free copy of the credit report, the applicant may do so by mailing a written request to the insurer, or other such party as the insurer may identify in the notice, no more than 30 days after the date the notice of refusal was mailed to the applicant.
(4) Provide a statement that the consumer reporting agency that provided the credit information upon which the denial was based did not make the denial decision and is unable to provide the applicant the specific reasons for the denial.
(5) If the adverse action is a denial of personal insurance, the notice of denial shall be retained by the insurer and a record of the insurance score, related notice and correspondence with the applicant shall be maintained by the insurer or their vendor for a minimum of 3 years from the date of the denial notification to the applicant.
81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8309. Filing [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8309. Filing [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
(a) Insurers that use insurance scores to underwrite and rate risks must file their scoring models with the Commissioner. A third party may file scoring models on behalf of insurers. A filing that includes insurance scoring may include loss experience justifying the use of credit information.
(b) Any filing relating to credit information is considered proprietary or trade secret under § 10002(o)(2) of Title 29 or upon the request of the insurer or owner of the document and subject to the confidentiality provisions of § 321(g) of this title.
81 Del. Laws, c. 108, § 1;  83 Del. Laws, c. 65, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8310. Indemnification; causes of action and defenses [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8310. Indemnification; causes of action and defenses [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an insurer who obtains or uses credit information and/or insurance scores from an independent source, provided the producer follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation. Nothing in this chapter shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section. This chapter shall not create a cause of action for any person or entity, other than the Commissioner, against an insurer or its representative based upon a violation of § 2304(15)c. of this title. In the same manner, nothing in this chapter shall establish a defense for any party to any cause of action based upon a violation of § 2304(15)c. of this title.
76 Del. Laws, c. 175, §  1;  81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8311. Sale of policy term information by consumer reporting agency [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8311. Sale of policy term information by consumer reporting agency [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
(a) No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such information includes, but is not limited to, the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage.
(b) The restrictions provided in subsection (a) of this section do not apply to data or lists the consumer reporting agency supplies to the insurance producer from whom information was received, the insurer on whose behalf such producer acted, or such insurer's affiliates or holding companies.
(c) Nothing in this section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.
81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 83. Use of Credit Information in Insurance › § 8312. Severability [For applicability of this section, see 81 Del. Laws, c. 108, §  3].

§ 8312. Severability [For applicability of this section, see 81 Del. Laws, c. 108, §  3].
If any section, paragraph, sentence, clause, phrase, or any part of this chapter is declared invalid due to an interpretation of or a future change in the federal Fair Credit Reporting Act [15 U.S.C. § 1681 et seq.], the remaining sections, paragraphs, sentences, clauses, phrases, or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.
81 Del. Laws, c. 108, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8401. Short title.

§ 8401. Short title.
This chapter may be cited as the “Risk Management and Own Risk and Solvency Assessment (ORSA) Act.”
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8402. Purpose and scope.

§ 8402. Purpose and scope.
The purpose of this chapter is to provide the requirements for maintaining a risk management framework and completing an own risk and solvency assessment (ORSA) and provide guidance and instructions for filing an ORSA summary report with the Insurance Commissioner of this State.
The requirements of this chapter shall apply to all insurers domiciled in this State unless exempt pursuant to § 8407 of this title.
The General Assembly finds and declares that the ORSA summary report will contain confidential and sensitive information related to an insurer or insurance group's identification of risks material and relevant to the insurer or insurance group filing the report. This information will include proprietary and trade secret information that has the potential for harm and competitive disadvantage to the insurer or insurance group if the information is made public. It is the intent of this General Assembly that the ORSA summary report shall be a confidential document filed with the Insurance Commissioner, that the ORSA summary report will be shared only as stated herein and to assist the Insurance Commissioner in the performance of his or her duties, and that in no event shall the ORSA summary report be subject to public disclosure.
79 Del. Laws, c. 422, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8403. Definitions.

§ 8403. Definitions.
As used in this chapter, unless the context requires otherwise:
(1) “Insurance group.” — For the purpose of conducting an ORSA, the term “insurance group” shall mean those insurers and affiliates included within an insurance holding company system as defined in Chapter 50 of this title.
(2) “Insurer.” — The term “insurer” shall have the same meaning as set forth in § 102 of this title, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
(3) “ORSA Guidance Manual.” — The term “ORSA Guidance Manual” shall mean the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners (NAIC) and as amended from time to time. A change in the ORSA Guidance Manual shall be effective on the January 1 following the calendar year in which the changes have been adopted by the NAIC.
(4) “ORSA summary report.” — An “ORSA summary report” shall mean a confidential high-level summary of an insurer or insurance group's ORSA.
(5) “Own risk and solvency assessment” or “ORSA.” — An “own risk and solvency assessment” or “ORSA” shall mean a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer or insurance group's current business plan, and the sufficiency of capital resources to support those risks.
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8404. Risk management framework.

§ 8404. Risk management framework.
An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8405. ORSA requirement.

§ 8405. ORSA requirement.
Subject to § 8407 of this title, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8406. ORSA summary report.

§ 8406. ORSA summary report.
(a) Upon the Insurance Commissioner's request, and no more than once each year, an insurer shall submit to the Insurance Commissioner an ORSA summary report or any combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the insurer and/or the insurance group of which it is a member. Notwithstanding any request from the Insurance Commissioner, if the insurer is a member of an insurance group, the insurer shall submit the report or reports required by this subsection if the Insurance Commissioner is the lead State Commissioner of the insurance group as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners.
(b) The report or reports shall include a signature of the insurer or insurance group's chief risk officer or other executive having responsibility for the oversight of the insurer's enterprise risk management process attesting to the best of his or her belief and knowledge that the insurer applies the enterprise risk management process described in the ORSA summary report and that a copy of the report has been provided to the insurer's board of directors or the appropriate committee thereof.
(c) An insurer may comply with subsection (a) of this section by providing the most recent and substantially similar report(s) provided by the insurer or another member of an insurance group of which the insurer is a member to the insurance commissioner of another state or to a supervisor or regulator of a foreign jurisdiction, if that report provides information that is comparable to the information described in the ORSA Guidance Manual. Any such report in a language other than English must be accompanied by a translation of that report into the English language.
79 Del. Laws, c. 422, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8408. Contents of ORSA summary report.

§ 8408. Contents of ORSA summary report.
(a) The ORSA summary report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of subsection (b) of this section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the Insurance Commissioner.
(b) The review of the ORSA summary report, and any additional requests for information, shall be made using similar procedures currently used in the analysis and examination of multi-state or global insurers and insurance groups.
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8410. Sanctions.

§ 8410. Sanctions.
Any insurer failing, without just cause, to timely file the ORSA summary report as required in this chapter shall be subject to the enforcement and penalty provisions set forth in Chapter 3 of this title.
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8411. Severability clause.

§ 8411. Severability clause.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 84. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT (ORSA) › § 8412. Effective date.

§ 8412. Effective date.
The requirements of this chapter shall become effective on January 1, 2015. The first filing of the ORSA summary report shall be in 2015 pursuant to § 8406 of this title.
79 Del. Laws, c. 422, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 85. Corporate Governance Annual Disclosure Act › § 8502. Purpose and scope.

§ 8502. Purpose and scope.
(a) The purpose of this chapter is to:
(1) Provide the Commissioner a summary of an insurer or insurance group's corporate governance structure, policies and practices to permit the Commissioner to gain and maintain an understanding of the insurer's corporate governance framework.
(2) Outline the requirements for completing a corporate governance annual disclosure with the Commissioner.
(3) Provide for the confidential treatment of the corporate governance annual disclosure and related information that will contain confidential and sensitive information related to an insurer or insurance group's internal operations and proprietary and trade secret information which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.
(b) Nothing in this chapter shall be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law. Notwithstanding the foregoing, nothing in this chapter shall be construed to limit the Commissioner's authority, or the rights or obligations of third parties, under § 318 through § 321 of this title.
(c) The requirements of this chapter shall apply to all insurers domiciled in this State.
81 Del. Laws, c. 119, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 85. Corporate Governance Annual Disclosure Act › § 8503. Definitions.

§ 8503. Definitions.
As used in this chapter, unless the context requires otherwise:
(1) “Commissioner.” —
The term “Commissioner” shall mean the Insurance Commissioner of this State.
(2) “Corporate governance annual disclosure” or “CGAD.” —
The term “corporate governance annual disclosure” or “CGAD” shall mean a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter.
(3) “Insurance group.” —
For purposes of this chapter, the term “insurance group” shall mean those insurers and affiliates included within an insurance holding company system as defined in Chapter 50 of this title.
(4) “Insurer.” —
The term “insurer” shall have the same meaning as set forth in § 102(10) of this title, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
(5) “NAIC.” —
The term “NAIC” shall mean the National Association of Insurance Commissioners.
81 Del. Laws, c. 119, § 1;