reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4109. Joint underwriting association.

§ 4109. Joint underwriting association.
(a) After hearing and upon promulgation of an order by the Commissioner pursuant to § 4108 of this title, a joint underwriting association shall be created consisting of all insurers authorized to write and engaged in writing within this State, on a direct basis, fire and extended coverage insurance, including insurers covering such perils in homeowners and commercial multiple peril package policies. Every such insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact such kinds of insurance within this State.
(b) The association shall, pursuant to this chapter and the plan of operation and with respect to basic property insurance on qualified property, have the power to:
(1) Cause its members to issue policies of insurance to applicants;
(2) Assume reinsurance from members; and
(3) Cede reinsurance.
(c) Within 90 days following the effective date of the order of the Commissioner, the association shall submit to the Commissioner for review a proposed plan of operation, consistent with the provisions of this subchapter, which shall provide for economical, fair and nondiscriminatory administration and for the prompt and efficient provision of basic property insurance to promote orderly community development, including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the association, assessment of members to defray losses and expenses, commission arrangements, reasonable underwriting standards and limits of liability, acceptance and cession of reinsurance, and procedures for determining amounts of insurance to be provided.
(d) The plan of operation shall be subject to review by the Commissioner, after consultation with affected individuals and organizations, and shall take effect 10 days thereafter in the absence of any disapproval. If the Commissioner disapproves all or any part of the proposed plan of operation, the association shall, within 30 days, submit for review an appropriately revised plan of operation or part thereof, and, if the association fails to do so, or if the revised plan so filed is unacceptable, the Commissioner shall promulgate such a plan of operation or part thereof as the Commissioner may deem necessary to carry out the purpose of this subchapter.
(e) The association may, on its own initiative, or at the request of the Commissioner, amend the plan of operation or part thereof subject to review by the Commissioner.
18 Del. C. 1953, §  4109;  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 › § 4110. Procedures.

§ 4110. Procedures.
(a) Any member of the association may cede to the association basic property insurance written on qualified property, to the extent, if any, and on the terms and conditions set forth in the plan of operation.
(b) All members of the association shall participate in its writings, expenses, profits and losses in the proportion that the premiums written by each such member (but excluding (1) premiums on farm or manufacturing property, and (2) that portion of premiums attributable to the operation of the association) during the preceding calendar year bear to the aggregate premiums written in this State by all members of the association. Such participation by each insurer in the association shall be determined annually on the basis of such premiums written during the preceding calendar year, as disclosed in the annual statements and other reports filed by the insurer with the Commissioner.
(c) The association shall be governed by a board of 11 directors, elected annually by cumulative voting by the members of the association, whose votes in such election shall be weighed in accordance with each member's premiums written during the preceding calendar year. The first board shall be elected at a meeting of the members or their authorized representatives, which shall be held within 30 days after approval of the plan of operation as provided in § 4109 of this title.
18 Del. C. 1953, §  4110;  56 Del. Laws, c. 468, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4111. Examinations.

§ 4111. Examinations.
The operation of the inspection bureau, the industry placement facility and any joint underwriting association shall at all times be subject to the supervision and regulation of the Commissioner. The Commissioner, or any person designated by the Commissioner, shall have the power of visitation of and examination into such operations and free access to all books, records, files, papers and documents that relate to such operations, may summon and qualify witnesses under oath, and may examine directors, officers, agents or employees or any other person having knowledge of such operations.
18 Del. C. 1953, §  4111;  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 › § 4112. Appeals.

§ 4112. Appeals.
Any person aggrieved by any action or decision of the inspection bureau or industry placement facility may appeal to the Commissioner within 30 days from the action or the decision. The Commissioner shall after hearing held upon not less than 10 days written notice to the aggrieved person and the inspection bureau or the industry placement facility issue an order approving the action or decision, disapproving the action or decision or directing the inspection bureau or the industry placement facility to reassign and place the application pursuant to said plan.
18 Del. C. 1953, §  4112;  56 Del. Laws, c. 468, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter II. Basic Property Protection Plan › § 4113. Nonliability as to information, statements.

§ 4113. 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, insurers, the inspection bureau, the industry placement facility, the joint underwriting association or their agents or employees, or the Commissioner or authorized representatives of the Commissioner, for any inspections undertaken or statements made by them in any reports and communications concerning the property to be insured or at the time of the hearings conducted in connection therewith, or in the findings required by this chapter.
18 Del. C. 1953, §  4113;  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 III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4120. Scope of subchapter.

§ 4120. Scope of subchapter.
This subchapter shall apply to policies of property insurance, other than policies of inland marine insurance and policies of property insurance issued through a residual market mechanism, covering risks to property located in this State which take effect or are renewed after January 19, 1986, and which insure any of the following contingencies:
(1) Loss of or damage to real property which consists of not more than 4 residential units, 1 of which is the principal place of residence of the named insured; or
(2) Loss of or damage to personal property in which the named insured has an insurable interest where:
a. The personal property is used for personal, family or household purposes; and
b. The personal property is within a residential dwelling.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4121. Definitions.

§ 4121. Definitions.
(a) “Declination” is the refusal of an insurer, an agent or a broker to issue a property insurance policy on a written nonbinding application or written request for coverage. For the purpose of this subchapter, the offering of insurance coverage with a company within an insurance group which is different from the company requested on the nonbinding application or written request for coverage or the offering of insurance upon different terms than requested in the nonbinding application or written request for coverage shall be considered a declination.
(b) “Nonpayment of premium” means the failure of the named insured to discharge any obligation in connection with the payment of premiums on policies of property insurance subject to this subchapter, whether such payments are directly payable to the insurer or its agent or indirectly payable under a premium finance plan or extension of credit. “Nonpayment of premium” shall include the failure to pay dues or fees where payment of such dues or fees is a prerequisite to obtaining or continuing property insurance coverage.
(c) “Renewal” or “to renew” means the issuance and delivery by an insurer at the end of a policy period of a policy superseding a policy previously issued and delivered by the same insurer or the issuance and delivery of a certificate or notice extending the term of an existing policy beyond its policy period or term. For the purposes of this subchapter, any policy period or term of less than 6 months shall be considered a policy period or term of 6 months and any policy period or term of more than 1 year or any policy with no fixed expiration date shall be considered a policy period or term of 1 year.
(d) “Termination” means either cancellation or nonrenewal of property insurance coverage in whole or in part. A cancellation occurs during the policy term. A nonrenewal occurs at the end of the policy term as set forth in subsection (a) of this section. For purposes of this subchapter, the transfer of a policyholder between companies within the same insurance group shall be considered a termination, but requiring a reasonable deductible, reasonable changes in the amount of insurance or reasonable reductions in policy limits or coverage shall not be considered a termination if such requirements are directly related to the hazard involved and are made on the renewal date of the policy.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4123. Permissible cancellations.

§ 4123. Permissible cancellations.
After coverage has been in effect for more than 60 days or after the effective date of a renewal policy a notice of cancellation shall not be issued unless it is based upon at least 1 of the following reasons:
(1) Nonpayment of premium;
(2) Discovery of fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing the policy or in presenting a claim under the policy;
(3) Discovery of wilful or reckless acts or omissions on the part of the named insured which increase any hazard insured against;
(4) The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued or renewed;
(5) A violation of any local fire, health, safety, building or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against;
(6) A determination of the Insurance Commissioner that the continuation of the policy would place the insurer in violation of the insurance laws of this State;
(7) Real property taxes owing on the insured property have been delinquent for 2 or more years and continue delinquent at the time notice of cancellation is issued.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4124. Discriminatory practices prohibited.

§ 4124. Discriminatory practices prohibited.
The declination or termination of a policy of property insurance subject to this subchapter by an insurer, agent or broker is prohibited if the declination or termination is:
(1) Based upon the race, religion, nationality, ethnic group, age, sex or marital status of the applicant or named insured;
(2) Based solely upon the lawful occupation or profession of the applicant or named insured, except that this provision shall not apply to an insurer, agent or broker which limits its market to 1 lawful occupation or profession or to several related lawful occupations or professions;
(3) Based upon the age or location of the residence of the applicant or named insured unless such decision is for a business purpose which is not a mere pretext for unfair discrimination;
(4) Based upon the fact that another insurer previously declined to insure the applicant or terminated an existing policy in which the applicant was named insured;
(5) Based upon the fact that the applicant or named insured previously obtained insurance coverage through a residual market insurance mechanism.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4125. Enforcement.

§ 4125. Enforcement.
(a) Upon a complaint of person filed within 90 days of any violation of this subchapter, the Commissioner shall determine whether such complaint is reasonably founded. If the Commissioner determines that such complaint is reasonably founded, or if the Commissioner otherwise has reason to believe that an insurer, agent or broker has engaged in practices which violate this subchapter and that a proceeding in respect thereto would be in the public interest, the Commissioner shall set a date for a public hearing to determine whether a violation of this subchapter has in fact occurred. Such hearing shall be held upon no less than 10 days' notice to the person charged and the complainant, if any. Such notice shall set forth the specified grounds upon which the complaint is based. If a hearing is based upon a complaint, the hearing shall be set no later than 30 days from the date the complaint was filed. The hearing shall take place before a hearing examiner who shall make a record of the evidence and set forth findings and conclusions. Once a prima facie violation of this subchapter has been established, the person charged in the complaint shall have the burden of showing that such violation was based on a reason not prohibited by this subchapter. The findings of fact determined by the hearing examiner shall be reviewed by the Commissioner who shall issue a final order. A petition for hearing may be filed within 30 days of the final order of the Commissioner.
(b) If the Commissioner determines in a final order that:
(1) An insurer has violated §§ 4123 and 4124 of this title, the Commissioner may require the insurer to:
a. Accept the application or written request for insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated; or
b. Reinstate insurance coverage to the end of the policy period; or
c. Continue insurance coverage at a rate and on the same terms and conditions as are available to other risks similarly situated.
(2) Any person has violated this subchapter, the Commissioner may:
a. Issue a cease and desist order to restrain such person from engaging in practices which violate this subchapter; or
b. Assess a penalty against such person of up to $500 for each violation of this subchapter.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4126. Civil liability and actions; limitation.

§ 4126. Civil liability and actions; limitation.
(a) If the Commissioner determined in a final order that an insurer has violated § 4123 or § 4124 of this title, the applicant or named insured aggrieved by the violation may bring an action in a court of competent jurisdiction in this State to recover from such insurer any loss, not otherwise recovered through insurance, which would have been paid under the insurance coverage that was declined or terminated in violation of this subchapter.
(b) Any amounts recovered under subsection (a) of this section shall not be duplicative of any recovery obtained through the exercise of any other statutory or common-law cause of action arising out of the same occurrence. No action under this section shall be brought 2 years after the date of a final order of the Commissioner finding a violation of § 4123 or § 4124 of this title.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4127. Judicial review.

§ 4127. Judicial review.
Any person aggrieved by any determination or order of the Commissioner under this subchapter may seek judicial review in the Superior Court. Failure of the Commissioner to act upon a complaint under this subchapter within 30 days of the filing of such complaint shall constitute a determination that the complaint was not reasonably founded. Review in the Superior Court shall be de novo.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4128. Immunity.

§ 4128. Immunity.
(a) There shall be no liability on the part of and no cause of action shall arise against:
(1) The Insurance Commissioner;
(2) Any insurer or its authorized representatives, agents or employees;
(3) Any licensed insurance agent or broker; or
(4) Any person furnishing information to an insurer as to reasons for a termination or declination for any communication giving notice of or specifying the reasons for a declination.
(b) Subsection (a) of this section shall not apply to statements made in bad faith with malice in fact.
65 Del. Laws, c. 199, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4129. Notice.

§ 4129. Notice.
During the pendency of any claim received pursuant to a property insurance policy, the insurer shall be required to give prompt and timely written notice to a policyholder making a claim informing the policyholder of the applicable state statute of limitations or any contractual period of limitations regarding the filing of an action for the claimant's damages under the contract.
76 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4130. Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8].

§ 4130. Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8].
(a) (1) An insurer may not refuse to renew a policy of homeowners insurance solely on the basis of:
a. Claims caused by weather, unless 3 or more such claims have been made against the policy during the 36 months immediately preceding the expiration of the current policy period; or
b. Claims not caused by weather, unless 2 or more claims have been made against the policy; or
c. A combination of claims caused by weather and claims not caused by weather, unless such combination of 3 or more claims has been made against the policy during the 48 months immediately preceding the expiration of the current policy period; or
d. Claims closed without payment, notwithstanding any other provision of this section.
(2) However, an insurer may nonrenew a homeowner's policy if:
a. The claim or claims asserted against the policy demonstrate that there has been a reasonably substantial change or increase in the hazard or in the risk assumed by the carrier subsequent to the date the policy was issued, and such nonrenewal is applied to other homeowners policies similarly situated; or
b. The policyholder has refused or failed to make reasonably necessary changes or repairs after being notified by the insurer that failure to make such changes or repairs will constitute a breach of contractual duties, conditions or warranties that will change or increase the hazard or risk assumed by the insurer subsequent to the date the policy was issued.
(b) “Homeowners insurance” for purposes of this section and § 4131 of this title shall mean property insurance as defined at §§ 4103(5)d. and 4120 of this title insuring any real or personal property used by a person as a permanent or temporary place of residence.
76 Del. Laws, c. 290, §  1;  79 Del. Laws, c. 390, §  7;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter III. Declinations, Renewals and Cancellations of Property Insurance Contracts › § 4131. Inquiries.

§ 4131. Inquiries.
An insurer shall not consider an inquiry regarding a homeowners policy or a loss under that policy to be a claim for purposes of making underwriting decisions, including but not limited to decisions to nonrenew a policy. An inquiry is any contact initiated by an insured that is not the filing of a claim to an insurer.
76 Del. Laws, c. 290, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter IV. Wind, Hail and Hurricanes › § 4140. Notice regarding deductibles.

§ 4140. Notice regarding deductibles.
(a) All insurers licensed to and writing residential property insurance in Delaware shall provide clear and prominent notice to residential property insurance policyholders as to the existence of deductibles for losses caused by wind, hail or hurricanes, as follows:
(1) The notice shall be included:
a. With regard to any policy in effect before January 1, 2013, with the first renewal on or after that date.
b. On or after January 1, 2013, with a policy at first issuance and with the first renewal after any insurer-initiated change in the deductibles for losses caused by wind/hail or hurricanes.
(2) Such notice may be sent electronically to any policyholder who has consented to receive such notices electronically.
(3) The notice shall clearly disclose relevant details pertaining to the wind/hail and hurricane deductibles, including the trigger of the deductible, regardless of whether it is stated as a percentage or as a dollar amount.
(4) If there is a percentage deductible, the insurer must provide an example of how it applies to the loss. The example does not have to be tailored to the insured value of the specific property, but must show clearly how the deductible works (e.g., a 2% deductible on a house insured for $300,000 means the policy holder is responsible for $6,000 of the wind, hail or hurricane loss).
(5) If there is not a separate deductible for wind/hail or hurricane losses, the insurer is not required to provide a notice.
(b) This section sets forth the minimum information that must be included in the notice. Insurers may provide any other information to assist their insureds in understanding wind/hail and hurricane deductibles and their application to the insurance policy.
(c) For purposes of this section, “residential property insurance” means insurance that provides coverage for:
(1) A 1-, 2-, 3-, or 4-family dwelling primarily intended for occupancy as living quarters;
(2) A condominium unit primarily intended for occupancy as living quarters;
(3) Nonbusiness personal property of a tenant insured on an unscheduled basis and primarily located in the living quarters occupied by the tenant;
(4) A manufactured home situated in a fixed location and intended for occupancy as living quarters.
However, “residential property insurance” does not include insurance provided using commercial multiple-peril or commercial property policy forms.
78 Del. Laws, c. 386, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4152. Purpose and intent.

§ 4152. Purpose and intent.
To provide protection of lives and property from the peril of flood, this legislation is designed to encourage a robust private primary residential flood insurance market to provide consumer choices and alternatives to the existing National Flood Insurance Program.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4153. Definitions.

§ 4153. Definitions.
As used in this subchapter:
(1) “Authorized insurer” means an insurer that is authorized by the Department to write insurance under a certificate of authority issued by the Department to transact insurance in Delaware.
(2) “Commissioner” means the Insurance Commissioner of the State of Delaware.
(3) “Department” means the Delaware Department of Insurance.
(4) “National Flood Insurance Program” or “NFIP” means the program of flood insurance coverage and floodplain management administered under the National Flood Insurance Act of 1968 (42 U.S.C. § 4001 et seq.) and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations.
(5) “Primary residential flood insurance” means an insurance policy covering losses from flood to residential property, other than commercial property, written in Delaware by any insurer authorized to do business that is not written to apply coverage in excess of the coverage provided under another flood insurance policy, whether issued by a private insurer or the National Flood Insurance Program.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4154. Rates.

§ 4154. Rates.
(a) Rates for flood insurance coverage established pursuant to this subchapter are subject to the requirements of Chapter 25 of this title.
(b) An insurer shall file with the Department all rates and any change to such rates in accordance with the requirements of Chapter 25 of this title. Any filing requesting a rate change must include the name of the insurer and the average statewide percentage change in rates.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4155. Forms.

§ 4155. Forms.
(a) An insurer shall file with the Department all forms for flood insurance coverage in accordance with § 2712 of this title.
(b) The Department may require, through the promulgation of regulations, additional conditions related to the forms or rates for private residential flood insurance coverage, including any of the following:
(1) That an authorized insurer may issue an insurance policy, contract, or endorsement.
(2) For residential properties required to have flood insurance that are in a special flood hazard area designated by the Federal Emergency Management Agency, that the coverage at least meets the private flood insurance requirements as specified in 42 U.S.C. § 4012a(b) and applicable federal regulations in document 84 FR 4953, effective July 1, 2019.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4156. Duties of insurer to provide regulatory notice of intent to transact residential primary flood insurance.

§ 4156. Duties of insurer to provide regulatory notice of intent to transact residential primary flood insurance.
Authorized insurers intending to sell primary residential flood insurance products in Delaware must do all of the following:
(1) Notify the Department of its plans at least 30 days before making a form or rate filing relating to such flood insurance in Delaware.
(2) File a plan of operation and financial projections or material revisions to such plan.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4157. Notice to consumers.

§ 4157. Notice to consumers.
(a) If a consumer has no coverage under the NFIP, before placing the consumer applicant with private flood insurance, the consumer must be informed of the existence of the NFIP.
(b) All consumers covered by subsection (a) of this section as well as consumers who currently have coverage under the NFIP must be informed that the coverage under the NFIP may be provided at a subsidized rate and that the full-risk rate for flood insurance may apply to the property if the applicant later seeks to reinstate coverage under the program. The insurance producer, surplus lines broker, or the insurer upon its election or if there is no producer or broker must provide such notice.
(c) This section only applies if the applicant lives in a special flood hazard area. This section automatically sunsets if federal legislation is enacted allowing the insured to switch between private flood insurance and NFIP coverage without risk of penalty.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4158. Cancellation and nonrenewal notice.

§ 4158. Cancellation and nonrenewal notice.
(a) Notice of cancellation or nonrenewal, other than for nonpayment of premium, shall be made and provided in compliance with § 4122 of this title, provided that at least 45 days' notice must be provided before the cancellation or nonrenewal of private flood insurance coverage to the insured.
(b) Notwithstanding subsection (a) of this section, notice of cancellation for nonpayment of premium shall be made and provided in compliance with § 4122 of this title.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4159. Surplus lines placement [Expires Nov. 2, 2024, pursuant to 83 Del. Laws, c. 530, § 2].

§ 4159. Surplus lines placement [Expires Nov. 2, 2024, pursuant to 83 Del. Laws, c. 530, § 2].
Section 1912(c) of this title shall not apply to primary residential flood insurance coverage under an insurance policy issued by an eligible surplus lines insurer unless and until the Commissioner certifies in a bulletin or order that the admitted private flood insurance market is adequate.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4160. Other provisions.

§ 4160. Other provisions.
(a) FAIR Plan participation. —
Writing private flood insurance under this subchapter does not constitute participation in the property insurance market for purposes of determining participation in the Delaware Fair Access to Insurance Requirements (FAIR) Plan under Chapter 41, subchapter II of this title.
(b) Filings open to inspection. —
All rate filings and supporting information filed under this subchapter shall be open to public inspection by parties in interest after the filing becomes effective.
(c) With respect to the regulation of flood coverage written in this State by authorized insurers, this subchapter supersedes any other provision in this title in the event of a conflict.
(d) An insurer may certify that the insurance policy meets the definition of “private flood insurance,” as specified in 42 U.S.C. § 4012a(b)(7) and applicable federal regulations.
(e) It is the intent of the General Assembly that nothing in this subchapter is intended to restrict the use of existing filings by an insurer or limit the ability of private insurers to provide flood insurance coverage of any type not addressed herein.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 41. PROPERTY INSURANCE CONTRACTS › Subchapter V. Private Primary Residential Flood Insurance Model Act › § 4161. Regulations.

§ 4161. Regulations.
The Commissioner may, in accordance with § 311 of this title, promulgate regulations necessary to carry out the provisions of this subchapter.
83 Del. Laws, c. 530, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4202. Purpose.

§ 4202. Purpose.
This chapter shall provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies and to provide an association to assess the cost of such protection among insurers.
18 Del. C. 1953, §  4202;  57 Del. Laws, c. 437.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4203. Scope.

§ 4203. Scope.
This chapter shall apply to all kinds of direct insurance but does not apply to any of the following:
(1) Life, annuity, health and disability insurance;
(2) Mortgage guaranty, financial guaranty and other forms of financial guarantees;
(3) Fidelity and surety bonds, or other bonding obligations;
(4) Credit insurance, vendors single interest insurance, or collateral protection insurance or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;
(5) Insurance of warranties or service contracts, including insurance that provides for the repair, replacement, or service of goods or property, or indemnification for repair, replacement, or service, for the operational or structural failure of the goods or property due to a defect in materials, workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits;
(6) Title insurance;
(7) Ocean marine insurance;
(8) Any transaction or combinations of transactions between a person (including affiliates of such person) and an insurer (including affiliates of such insurer) which involves the transfer of an investment or credit risk unaccompanied by the transfer of insurance risk;
(9) Any insurance provided by or guaranteed by government.
18 Del. C. 1953, §  4203;  57 Del. Laws, c. 437;  63 Del. Laws, c. 395, §  1;  68 Del. Laws, c. 112, §  1;  81 Del. Laws, c. 337, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4204. Construction.

§ 4204. Construction.
This chapter shall be liberally construed to effect the purpose specified in § 4202 of this title, which shall constitute an aid and guide to interpretation.
18 Del. C. 1953, §  4204;  57 Del. Laws, c. 437.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4206. Creation of the Association.

§ 4206. Creation of the Association.
There is created a nonprofit unincorporated legal entity to be known as the Delaware Insurance Guaranty Association. All insurers, defined as member insurers in § 4205 of this title, shall be and remain members of the Association as a condition of their authority to transact insurance in this State. The Association shall perform its functions under a plan of operation established and approved under § 4209 of this title and shall exercise its powers through a board of directors established under § 4207 of this title.
18 Del. C. 1953, §  4206;  57 Del. Laws, c. 437.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4207. Board of Directors.

§ 4207. Board of Directors.
(a) The Board of Directors of the Association shall consist of not less than 5 nor more than 9 persons serving terms as established in the plan of operation. The members of the Board shall be selected by member insurers subject to the approval of the Commissioner. Vacancies of the Board shall be filled for the remaining period of the term in the same manner as initial appointments. If no members are selected within 60 days after July 1, 1970, the Commissioner may appoint the initial members of the Board of Directors.
(b) In approving selections to the Board, the Commissioner shall consider among other things whether all member insurers are fairly represented.
(c) Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board of Directors.
18 Del. C. 1953, §  4207;  57 Del. Laws, c. 437.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4210. Duties and powers of the Commissioner.

§ 4210. Duties and powers of the Commissioner.
(a) The Commissioner shall:
(1) Notify the Association of the existence of an insolvent insurer not later than 3 days after he or she receives notice of the determination of the insolvency;
(2) Upon request of the Board of Directors, provide the Association with a statement of the net direct written premiums of each member insurer.
(b) The Commissioner may:
(1) Require that the Association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter. Such notification shall be by mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient.
(2) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this State of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the Commissioner may levy a fine on any member insurer which fails to pay an assessment when due. Such fine shall not exceed 5% of the unpaid assessment per month, except that no fine shall be less than $100 per month.
(3) Revoke the designation of any servicing facility if he or she finds claims are being handled unsatisfactorily.
(c) Any final action or order of the Commissioner under this chapter shall be subject to judicial review in a court of competent jurisdiction.
18 Del. C. 1953, §  4210;  57 Del. Laws, c. 437;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4211. Effect of paid claims.

§ 4211. Effect of paid claims.
(a) (1) Any person recovering under this chapter shall be deemed to have assigned the rights under the policy to the Association to the extent of the person's recovery from the Association. Every insured or claimant seeking the protection of this chapter shall cooperate with the Association to the same extent as such person would have been required to cooperate with the insolvent insurer. The Association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out, except such causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer and except as provided in paragraph (a)(2) of this section. In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the Association shall not operate to reduce the liability of the insureds to the receiver, liquidator or statutory successor for unpaid assessments.
(2) The Association shall have the right to recover from the following persons the amount of any covered claim paid on behalf of such person pursuant to this chapter:
a. Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25,000,000 and whose liability obligations to other persons are satisfied in whole or in part by payments made under this chapter; and
b. Any person who is an affiliate of the insolvent insurer and whose liability obligations to any other person are satisfied in whole or in part by payment under this chapter. This paragraph (a)(2) shall not apply retroactively and/or retrospectively and shall apply only as to insurer insolvencies which occur on or after June 30, 1991.
(b) The receiver, liquidator or statutory successor of an insolvent insurer shall be bound by settlements of covered claims by the Association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that to which the claimant would have been entitled in the absence of this chapter against the assets of the insolvent insurer.
(c) The Association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the Association, and estimates of anticipated claims on the Association which shall preserve the rights of the Association against the assets of the insolvent insurer.
18 Del. C. 1953, §  4211;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  6;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 463, §§  12-14;  72 Del. Laws, c. 400, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4212. Exhaustion of other coverage.

§ 4212. Exhaustion of other coverage.
(a) Any person having a claim under an insurance policy shall first exhaust all coverage provided by any such policy, whether or not it is a policy issued by a member insurer, if the claim under such policy arises from the same facts, injury, or loss that gave rise to the covered claim against the Association. Any amount payable on a covered claim under this title shall be reduced by the full applicable limits stated in such insurance policy and the Association shall receive a full credit for such stated limits, or, where there are no applicable stated limits, the claim shall be reduced by the total recovery. Notwithstanding the foregoing, no person shall be required to exhaust any right under the policy of an insolvent insurer.
(1) A claim under an insurance policy providing liability coverage to a person who may be jointly and severally liable or a joint tortfeasor with the person covered under the policy of the insolvent insurer that gives rise to the covered claim shall be considered to be a claim arising from the same facts, injury or loss that gave rise to the covered claim against the Association.
(2) For the purposes of this section, a claim against a health maintenance organization, a hospital plan corporation, or a professional health service corporation and any amount payable by or on behalf of a self-insurer will be considered under this section as a claim requiring exhaustion of other coverage if the claim arises from the same facts, injury, or loss that gave rise to the covered claim against the Association.
(3) To the extent that the Association's obligation is reduced by the application of this section, the liability of the person insured by the insolvent insurer's policy for the claim shall be reduced in the same amount.
(b) Any person having a claim which may be recovered under more than 1 insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that, if it is a first-party claim for damage to property with a permanent location, recovery must be sought first from the association of the location of the property; and if it is a workers' compensation claim, recovery must be sought first from the association of the residence of the claimant. Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.
18 Del. C. 1953, §  4212;  57 Del. Laws, c. 437;  62 Del. Laws, c. 394, §  1;  68 Del. Laws, c. 112, §§  7, 8;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 337, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4213. Prevention of insolvencies.

§ 4213. Prevention of insolvencies.
To aid in the detection and prevention of insurer insolvencies:
(1) The Board of Directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies.
a., b. [Repealed.]
(2) The Board of Directors may, at the conclusion of any domestic insurer insolvency in which the Association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based upon the information available to the Association and submit such report to the Commissioner.
(3) It shall be the duty of the Commissioner to report to the board of directors when the Commissioner has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to the policyholders or the public.
(4) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public documents.
(5) The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies.
(6) The board of directors shall, at the conclusion of any insurer insolvency in which the Association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the Association, and submit such report to the Commissioner.
18 Del. C. 1953, §  4213;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  9;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 337, § 5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4214. Examination of the Association.

§ 4214. Examination of the Association.
The Association shall be subject to examination and regulation by the Commissioner. The Board of Directors shall submit, not later than June 30 of each year, a financial report for the preceding calendar year in a form approved by the Commissioner.
18 Del. C. 1953, §  4214;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  10;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4215. Tax exemption.

§ 4215. Tax exemption.
The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes levied on real or personal property.
18 Del. C. 1953, §  4215;  57 Del. Laws, c. 437.;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4216. Recognition of assessments in rates.

§ 4216. Recognition of assessments in rates.
The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the Association by the member insurer less any amounts returned to the member insurer by the Association, and such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer.
18 Del. C. 1953, §  4216;  57 Del. Laws, c. 437.;