reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2314. Immunity from prosecution.

§ 2314. Immunity from prosecution.
If any person shall ask to be excused from attending or testifying or from producing any books, papers, records, contracts, correspondence or other documents at any hearing on the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, and shall thereafter notwithstanding this request be directed to give such testimony or produce such evidence, he or she must nonetheless comply with such direction, but he or she shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he or she may testify or produce evidence thereto, and no testimony so given or evidence produced shall be received against him or her upon any criminal action, investigation or proceeding. However, no such individual so testifying shall be exempt from prosecution or punishment for any perjury committed by him or her while so testifying, and the testimony or evidence so given or produced shall be admissible against him or her upon any criminal action, investigation or proceeding concerning such perjury, nor shall he or she be exempt from the refusal, suspension or revocation of any license, permission or authority conferred, or to be conferred, pursuant to the Insurance Law of this State. Any such individual may execute, acknowledge and file in the office of the Commissioner and of the Attorney General a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such person or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury or otherwise, and if so received or produced such individual shall not be entitled to any immunity or privileges on account of any testimony he or she may so give or evidence so produced.
18 Del. C. 1953, §  2315;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2315. Discrimination against individuals over 65 years of age.

§ 2315. Discrimination against individuals over 65 years of age.
(a) No person shall fail to make available to an insured continued coverage for hospital and medical-surgical expenses in health insurance, group and blanket health insurance, or health service corporation contracts due to such insured's attaining the age of 65.
(b) No person shall knowingly permit or offer to make or make any contract of health insurance, group or blanket health insurance, or health service corporation service agreement with an individual 65 years of age or older unless such contract provides benefits equivalent to the benefits available to insureds under the age of 65 covered by such insurance company; except that such contracts may allow for reductions in coverage to reflect benefits available under governmentally sponsored health-care programs generally available to individuals over 65.
(c) Should any insurance company not have a contract available to insureds under the age of 65, the minimum benefits, if any, available to insureds over 65 must include partial or full coverage of appropriate hospital and surgical-medical expenses as determined by the Commissioner taking into account the prevailing medical practice in the community and the coverage available under governmentally sponsored programs generally available to individuals over 65.
(d) The application of subsections (a), (b) and (c) of this section shall not prohibit differential rates to be charged to any category of risk set forth in this section.
59 Del. Laws, c. 274, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2316. Refusal to issue policy to blind or deaf persons prohibited.

§ 2316. Refusal to issue policy to blind or deaf persons prohibited.
(a) No insurer authorized to issue policies of accident and sickness insurance in the State shall refuse, for the reason of blindness or deafness, to issue an individual policy of accident and sickness insurance, which provides hospital expense and surgical expense coverage, to any person residing in the State.
(b) No insurer authorized to issue life insurance policies in the State shall refuse, for the sole reason of blindness or deafness, to issue a policy of individual life insurance on the life of any such person residing in the State.
61 Del. Laws, c. 216, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2317. Genetics based discrimination.

§ 2317. Genetics based discrimination.
(a) For purposes of this section:
(1) “Genetic characteristic” means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder, or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder, or syndrome.
(2) “Genetic information” means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder, or syndrome, or believed to be associated with a statistically significant increased risk of development of a disease, disorder, or syndrome. “Genetic information” includes information regarding carrier status, information regarding an increased likelihood of future disease or increased sensitivity to any substance, information derived from laboratory tests that identify mutations in specific genes or chromosomes, requests for genetic services or counseling, tests of gene products, and direct analysis of genes or chromosomes.
(3) “Genetic test” means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic associated with disease, disorder, or syndrome.
(4) “Insurance” means health coverage as defined in this title or in regulations promulgated by the Insurance Commissioner, not including disability insurance or long-term care insurance.
(b) A person may not discriminate against any individual in the issuance, denial, or renewal of or in the fixing of the rates, terms, or conditions for insurance based on any genetic characteristic or genetic information.
(c) No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with this section, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent or insurance support organization; provided however, that this section shall provide no immunity for disclosing or furnishing false information with malice or wilful intent to injure any person. Additionally, no person shall be found in violation of this section because the person receives genetic information or the results of a genetic test through inadvertent disclosure by a medical professional.
71 Del. Laws, c. 457, §  1;  83 Del. Laws, c. 283, § 25;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2318. Care by advanced practice nurses.

§ 2318. Care by advanced practice nurses.
No health insurer, health service corporation or health maintenance organization shall deny benefits for eligible services when the services are rendered or performed by an advanced practice nurse as long as said advanced practice nurse acts within the scope of practice and/or definitions pursuant to Title 24. Any contract of insurance issued or issued for delivery in this State by health insurers, health service corporations or health maintenance organizations shall not exclude advanced practice nurses as providers of services covered in the contract.
67 Del. Laws, c. 452, §  1;  69 Del. Laws, c. 319, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2319. Carrier post-claim adjudication audit record requests.

§ 2319. Carrier post-claim adjudication audit record requests.
(a) For purposes of this section:
(1) “Carrier” means any entity that provides health insurance in this State. “Carrier” includes an insurance company, health service corporation, health maintenance organization, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. “Carrier” also includes any third-party administrator or other entity that adjusts, administers, or settles claims in connection with health benefit plans.
(2) “Carrier” does not mean an entity that provides a plan of health insurance or health benefits designed for issuance to persons eligible for coverage under Titles XVIII, XIX and XXI of the Social Security Act (42 U.S.C. §§ 1395 et seq., 1396 et seq. and 1397 et seq.), known as Medicare, Medicaid, or any other similar coverage under state or federal governmental plans.
(3) “Post-claim adjudication audit” means any audit of a claim by a carrier post payment.
(b) Except as set forth in subsection (e) of this section, medical records requests for post-claim adjudication audits are limited to 400 claims for a specific episode of care in a 45-day period per provider. Any request for records pursuant to this section shall be made in writing.
(c) A provider shall have no less than 45 days and no more than 60 days from the date of the letter to submit all of the requested records.
(d) A provider shall have no less than 30 days and no more than 60 days from the receipt date of the audit result/determination letter to appeal the audit determination.
(e) This section does not apply to post-claim adjudication audits which are any of the following:
(1) Based on a reasonable belief of fraud, waste, abuse or other intentional misconduct.
(2) Required by, or initiated at the request of a self-insured plan.
(3) Required by the state or federal government or a state or federal government plan.
82 Del. Laws, c. 111, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2320. Discrimination prohibited; pre-exposure prophylaxis medication to prevent HIV infection.

§ 2320. Discrimination prohibited; pre-exposure prophylaxis medication to prevent HIV infection.
A person engaged in the business of life, disability, or long-term care insurance may not do any of the following solely because an individual has been prescribed pre-exposure prophylaxis medication to prevent HIV infection:
(1) Deny, refuse to issue, refuse to renew, refuse to reissue, cancel, or otherwise terminate an insurance policy or restrict coverage.
(2) Add any surcharge or rating factor to a premium of an insurance policy.
(3) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, payment of claims, or any other condition of an insurance policy without additional actuarial justification.
83 Del. Laws, c. 41, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2402. Purpose.

§ 2402. Purpose.
The purpose of this chapter is to confront aggressively the problem of insurance fraud in the State by facilitating the detection of insurance fraud, reducing the occurrence of such fraud through administrative enforcement and deterrence, requiring the restitution of fraudulently obtained insurance benefits and reducing the amount of premium dollars used to pay fraudulent claims.
69 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2403. Definitions.

§ 2403. Definitions.
(a) “Attorney General” means the Attorney General of the State or the Attorney General's designated representatives.
(b) “Authorized agency” means any appropriate law-enforcement agency.
(c) “Bad faith” means without any reasonable justification.
(d) “Bureau” means the Delaware Insurance Fraud Prevention Bureau established by this chapter.
(e) “Director” means the Director of the Delaware Insurance Fraud Prevention Bureau.
(f) “Financial loss” includes, but is not limited to, loss of earnings, out of pocket and other expenses, repair and replacement costs and claims payments.
(g) “Insurer” includes, but is not limited to, an authorized insurer, self-insurer, reinsurer, broker, producer or any agent thereof.
(h) “Practitioner” means a licensee of this State authorized to practice medicine, surgery, psychology, chiropractic or law or any other licensee or business of this State whose services are compensated, directly or indirectly, by insurance proceeds, or a licensee similarly licensed in any other state, or the practitioner of any nonmedical treatment rendered in accordance with a recognized religious method of healing.
(i) “Statement” includes, but is not limited to, any notice statement, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, x-rays, test result or other evidence of loss, injury or expense.
69 Del. Laws, c. 463, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2404. Establishment of Delaware Insurance Fraud Prevention Bureau; Delaware Insurance Fraud Auxiliary Fund.

§ 2404. Establishment of Delaware Insurance Fraud Prevention Bureau; Delaware Insurance Fraud Auxiliary Fund.
(a) The Delaware Insurance Fraud Prevention Bureau is hereby established within the Department of Insurance and authorized to employ investigators and appropriate support staff as is necessary to carry out its mandate.
(b) The Commissioner shall appoint the full-time supervisory and investigative personnel of the Bureau including the Director and Chief Investigator, who shall hold their employment at the pleasure of the Commissioner and who shall be qualified by training and experience to perform the duties of their positions. The Commissioner shall also appoint the clerical and other staff necessary for the Bureau to fulfill its responsibilities under this chapter.
(c) It shall be the duty of the Bureau:
(1) To initiate independent inquiries and conduct independent investigations when the Bureau has cause to believe that an act of insurance fraud has been, or is currently being committed;
(2) To review reports or complaints of alleged insurance fraud from federal, state and local police, other law-enforcement authorities, governmental agencies or units, insurers and the general public and to determine whether such reports require further investigation and to conduct such investigations;
(3) To conduct independent examinations of insurance fraud, and undertake independent studies to determine the extent of insurance fraud; and
(4) To enforce § 2118(q)(4) of Title 21 by confiscating license plates of uninsured motorists who have failed to provide proof of insurance after being afforded an opportunity to prove proof of insurance as required in § 2118(q)(4) of Title 21.
(d) There is hereby created within the Bureau a special revolving fund to be designated as the Delaware Insurance Fraud Auxiliary Fund which shall be used by the Bureau in the performance of the various functions and duties required of the Bureau by law.
69 Del. Laws, c. 463, §  1;  75 Del. Laws, c. 59, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2405. Evidence, documentation and related materials.

§ 2405. Evidence, documentation and related materials.
(a) The Commissioner or the Commissioner's designee, in addition to other provisions of this title, shall have the power and authority to administer oaths, subpoena witnesses and to compel the production of nonprivileged evidence, in any form, that is relevant or will lead to the discovery of relevant information regarding fraud investigation. Any natural or other person, as well as any State or governmental entities may be subpoenaed and shall produce the required evidence or to make such evidence available for inspection by the Bureau in a timely manner. The Superior Court of the State shall have exclusive jurisdiction regarding the enforcement or lawfulness of a subpoena on proper application by a party in interest.
(b) If the Bureau seeks evidence, documentation, or related materials located outside this State pertinent to an investigation or examination, the Bureau may designate representatives or deputies, including officials of the State where the matter is located, to secure or inspect the evidence, documentation or materials on its behalf.
(c) Subpoenas may be served in any manner that is authorized for service of original process or subpoenas under the Superior Court Rules of Civil Procedure.
69 Del. Laws, c. 463, §  1;  70 Del. Laws, c. 422, §§  1, 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2406. Confidentiality and immunity from subpoena.

§ 2406. Confidentiality and immunity from subpoena.
(a) All papers, records, documents, reports, materials or other evidence relevant to an insurance fraud investigation or examination shall remain confidential and shall not be subject to public inspection so long as the Bureau deems it is reasonably necessary to protect the privacy of the person or matter investigated or examined, to protect the person furnishing the material or to be in the public interest.
(b) Such papers, records, documents, reports, materials or other evidence relevant to an insurance fraud investigation or examination shall not be subject to subpoena until opened for public inspection by the Bureau.
69 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2408. Duties of insurers.

§ 2408. Duties of insurers.
Any insurer which has a reasonable belief that an act of insurance fraud is being, or has been, committed shall send to the Bureau, on a form prescribed by the Bureau, any and all information and such additional information relating to such act as the Bureau may require.
69 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2409. Immunity.

§ 2409. Immunity.
In the absence of fraud or bad faith, no person shall be subject to civil liability (for libel, slander or any other relevant tort cause of action by virtue of filing reports, without malice, or furnishing other information, written or oral, without malice, required by this chapter or required by the Commissioner under the authority granted in this title), and no civil cause of action of any nature shall arise against such person:
(1) For any information relating to suspected fraudulent insurance acts furnished to or received from law-enforcement officials, their agents and employees; or
(2) For any information relating to the suspected fraudulent insurance acts furnished to or received from other persons in this title; or
(3) For any such information furnished in reports to the Insurance Department, the National Association of Insurance Commissioners or any organization established to detect and prevent fraudulent insurance acts, their agents, employees or designees, nor shall the Commissioner or any employee of the Insurance Department, (acting without malice) in the absence of fraud or bad faith, be subject to civil liability (for libel, slander or any other relevant tort) and no civil cause of action of any nature shall arise against such person by virtue of publication of any report or bulletin related to the official activities of the Insurance Department. Nothing herein is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.
69 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2410. Other law-enforcement authorities.

§ 2410. Other law-enforcement authorities.
This chapter shall not:
(1) Preempt the authority or relieve the duty of any other law enforcement agency to investigate, examine and prosecute suspected violations of law;
(2) Prevent or prohibit a person from voluntarily disclosing any information concerning insurance fraud to any law-enforcement agency other than the Bureau; or
(3) Limit any of the powers granted elsewhere by the laws of this State to the Commissioner of Insurance or the Department of Insurance to investigate and examine possible violations of law and to take appropriate action.
69 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2412. Consent orders.

§ 2412. Consent orders.
Any person so requested may enter into a consent order whereby such person, without admitting the conduct complained of, consents to the imposition of an administrative penalty and when so requested agrees to cease and desist the acts or omissions complained of.
69 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2414. Application of Administrative Procedures Act.

§ 2414. Application of Administrative Procedures Act.
Except as otherwise provided in this chapter, the State Administrative Procedures Act (Chapter 101 of Title 29) applies to and governs all administrative actions taken by the Bureau.
69 Del. Laws, c. 463, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 24. INSURANCE FRAUD › § 2415. Funding

§ 2415. Funding
The costs of administration and operation of the Delaware Insurance Fraud Prevention Bureau shall be borne by all of the insurance companies admitted or authorized to transact the business of insurance in this State. The Commissioner shall assess $1,050 annually against each insurance company to provide the funds necessary for the operation of the Bureau.
71 Del. Laws, c. 69, §  2;  78 Del. Laws, c. 205, §  1;  81 Del. Laws, c. 341, § 1;  84 Del. Laws, c. 68, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2501. Purpose of chapter; interpretation.

§ 2501. Purpose of chapter; interpretation.
The purpose of this chapter is to promote the public welfare by regulating insurance rates (in accordance with the intent of Congress as expressed in Public Law 15—79th Congress) and to the end that they shall not be excessive, inadequate or unfairly discriminatory and to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this chapter. Nothing in this chapter is intended:
(1) To prohibit or discourage reasonable competition; or
(2) To prohibit, or encourage except to the extent necessary to accomplish the aforementioned purpose, uniformity in insurance rates, rating systems, rating plans or practices.
This chapter shall be liberally interpreted to carry into effect this section.
18 Del. C. 1953, §  2501;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2502. Scope of chapter.

§ 2502. Scope of chapter.
(a) This chapter applies to:
(1) Casualty insurance, including workers' compensation, and all forms of motor vehicle insurance, on risks or operations in this State;
(2) Surety insurance;
(3) Fire, marine and inland marine insurance, as used in their generally accepted trade sense, on risks located in this State. Inland marine insurance shall be deemed to include insurance as defined by statute, or by ruling of the Commissioner;
(4) Health insurance, group health insurance, blanket health insurance, Medicare supplement insurance and health service corporations; and
(5) Title insurance.
(b) This chapter shall not apply to:
(1) Reinsurance, except joint reinsurance as provided in § 2523 of this title;
(2) Insurance of airborne or waterborne vessels or craft, their cargoes, legal liability of aircraft operators, marine protection and indemnity, or other risks commonly insured under aviation or marine, as distinguished from inland marine, insurance policies; or
(3) Life insurance.
(c) Nothing in this chapter shall abridge or restrict the freedom of contract between insurers and agents or brokers with respect to commissions or between insurers and their employees with respect to compensation.
18 Del. C. 1953, §  2502;  56 Del. Laws, c. 380, §  1;  60 Del. Laws, c. 388, §§  1, 2;  63 Del. Laws, c. 262, §  3;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 402, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2504. Rate filings.

§ 2504. Rate filings.
(a) Every insurer shall file with the Commissioner, except as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum, class rate, rating schedule or rating plan and every other rating rule, and every modification of any of the foregoing which it proposes to use. Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated.
(b) When a filing is not accompanied by the information upon which the insurer supports such filing, and the Commissioner does not have sufficient information to determine whether such filing meets the requirements of this chapter he or she shall require the insurer to furnish the information upon which it supports the filing. The information furnished in support of a filing may include:
(1) The experience or judgment of the insurer or rating organization making the filing;
(2) Its interpretation of any statistical data it relies upon; and
(3) The experience of other insurers or rating organizations in conjunction with paragraph (b)(1) of this section; or
(4) Any other relevant factors.
A filing and supporting information shall be open to inspection by parties in interest after the filing becomes effective.
(c) Specific inland marine rates on risks specially rated, made by a rating organization, shall be filed with the Commissioner and shall become effective when filed and shall be deemed approved and in compliance with the requirements of this chapter until such time as the Commissioner rejects the filing.
18 Del. C. 1953, §  2504;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2505. Exemption from filing.

§ 2505. Exemption from filing.
Under such rules and regulations as he or she adopts, the Commissioner may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby. The Commissioner may make such examination as he or she deems advisable to ascertain whether any rates affected by such order meet the standards set forth in § 2503(a)(2) of this title.
18 Del. C. 1953, §  2505;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2506. Effective date of filing.

§ 2506. Effective date of filing.
(a) The Commissioner shall review filings as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this chapter.
(b) Any special filing with respect to a surety or guaranty bond required by law or by court or executive order or by order, rule or regulation of a public body, not covered by a previous filing, shall become effective when filed and shall be deemed to meet the requirements of this chapter until such time as the Commissioner rejects the filing.
(c) Filings shall be submitted to the Commissioner not less than 60 days prior to the proposed effective date. Except as set forth in subsection (b) of this section and § 2504(c) of this title, a filing shall be deemed to meet the statutory requirements of this chapter at the expiration of the 60-day period following the filing date unless, within 45 days of receipt of the filing, the Commissioner either disapproves the filing or notifies the insurer that additional time is needed to review the filing. If the Commissioner determines that additional time is needed to review a rate filing, then each of the following shall apply:
(1) The Commissioner shall notify the filer that the review of the filing shall be extended up to 90 days after the receipt of the filing, unless the insurer shall agree to a longer term of review.
(2) The filing may not become effective and deemed to meet the statutory requirements of this chapter until the earlier of the Commissioner's approval of the filing or the expiration of the timeframe provided in the Commissioner's notice of extended review.
(d), (e) [Repealed.]
18 Del. C. 1953, §  2506;  56 Del. Laws, c. 380, §  1;  64 Del. Laws, c. 380, §§  1, 2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 93, §  1;  84 Del. Laws, c. 186, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2507. Disapproval of filing.

§ 2507. Disapproval of filing.
If within 30 days after a specific inland marine rate on a risk specially rated by a rating organization subject to § 2504(b) of this title, or a special surety or guaranty bond subject to § 2506(b) of this title, has become effective, or if upon review of any other filing, the Commissioner finds that such filing does not meet the requirements of this chapter, the Commissioner shall issue an order disapproving the filing and state that a hearing will be granted within 20 days after request in writing by the insurer or rating organization which made such filing. The Commissioner's order shall specify in what respects the Commissioner finds that such filing fails to meet the requirements of this chapter and, for filings previously in effect, state when, within a reasonable period thereafter, such filing shall be deemed no longer effective. If a rate filing has not gone into effect and is scheduled for a formal administrative hearing under this section, the filing may not become effective until a final order is issued. A final order shall be issued within 60 days after the entire record of the hearing, including any hearing officer's recommendations and any comments or exceptions thereto, has been presented to the Commissioner for consideration. Copies of the order shall be sent to every such insurer and rating organization. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order.
18 Del. C. 1953, §  2507;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 238, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 186, § 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2508. Limitation of disapproval power.

§ 2508. Limitation of disapproval power.
No manual of classifications, rules, rating plans or any modification of any of the foregoing which establishes standards for measuring variations in hazards or expense provisions or both and which has been filed pursuant to § 2503 of this title shall be disapproved if the rates produced meet the requirements of this chapter.
18 Del. C. 1953, §  2508;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2509. Excess rates.

§ 2509. Excess rates.
Upon the written application of the insured stating his or her reasons therefor, filed with and approved by the Commissioner, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk.
18 Del. C. 1953, §  2509;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2510. Filings for members and subscribers of rating organizations authorized.

§ 2510. Filings for members and subscribers of rating organizations authorized.
Insurer may satisfy its obligation to make filings required by § 2503 of this title by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the Commissioner to accept such filings on its behalf. Nothing contained in this chapter shall be construed as requiring any insurer to become a member of or a subscriber to any rating organization.
18 Del. C. 1953, §  2510;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2511. Licensing of rating organizations.

§ 2511. Licensing of rating organizations.
(a) No rating organization shall make or file rates for risks located in this State without first being licensed therefor under this chapter.
(b) A corporation, an unincorporated association, a partnership or an individual, whether located within or outside this State, may make application to the Commissioner for license as a rating organization for such kinds of insurance, or subdivision or class of risk or a part or combination thereof as are specified in its application and shall file therewith:
(1) A copy of its constitution, its articles of agreement of association or its certificate of incorporation, and of its bylaws, rules and regulations governing the conduct of its business;
(2) A list of its members and subscribers;
(3) The name and address of a resident of this State upon whom notices or orders of the Commissioner or process affecting such rating organization may be served; and
(4) A statement of its qualifications as a rating organization.
(c) If the Commissioner finds that the applicant is competent, trustworthy and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business conform to the requirements of law, he or she may issue a license specifying the kinds of insurance or subdivision or class of risk or part or combination thereof for which the applicant is authorized to act as a rating organization. Every such application shall be granted or denied in whole or in part by the Commissioner within a reasonable period after the same has been filed with him or her.
(d) Licenses issued pursuant to this section shall remain in effect for 1 year unless sooner suspended or revoked by the Commissioner.
(e) Licenses issued pursuant to this section may be suspended or revoked by the Commissioner, after hearing upon notice, in the event the rating organization ceases to meet the requirements of this section.
18 Del. C. 1953, §  2511;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2512. Subscribers to rating organizations.

§ 2512. Subscribers to rating organizations.
(a) Subject to rules and regulations which have been approved by the Commissioner as reasonable, each rating organization shall permit any insurer to be a subscriber to its rating services for any kind of insurance, subdivision or class of risk or a part or combination thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers. Each rating organization shall furnish its rating services without discrimination to its subscribers.
(b) The reasonableness of any rule or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, shall, at the request of any subscriber or any such insurer, be reviewed by the Commissioner at a hearing held upon at least 10 days' written notice to such rating organization and to such subscriber or insurer. If the Commissioner finds that such rule or regulation is unreasonable in its application to subscribers, he or she shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer's application for subscribership within 30 days after it was made, the insurer may request a review by the Commissioner as if the application had been rejected. If the Commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, he or she shall order the rating organization to admit the insurer as a subscriber. If he or she finds that the action of the rating organization was justified, he or she shall make an order affirming its action.
18 Del. C. 1953, §  2512;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2513. Notice of changes.

§ 2513. Notice of changes.
Every rating organization shall notify the Commissioner promptly of every change in:
(1) Its constitution, its articles of agreement or association or its certificate of incorporation and its bylaws, rules and regulations governing the conduct of its business;
(2) Its list of members and subscribers; and
(3) The name and address of the resident of this State designated by it upon whom notices or orders of the Commissioner or process affecting such rating organization may be served.
18 Del. C. 1953, §  2513;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2514. Rules not to affect dividends.

§ 2514. Rules not to affect dividends.
No rating organization shall adopt any rule the effect of which would be to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers.
18 Del. C. 1953, §  2514;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2515. Technical services.

§ 2515. Technical services.
Any rating organization may subscribe for or purchase actuarial, technical or other services, and such services shall be available to all subscribers without discrimination.
18 Del. C. 1953, §  2515;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2516. Examinations and rules.

§ 2516. Examinations and rules.
Any rating organization may provide for the examination of its subscribers' policies, daily reports, binders, renewal certificates, endorsements or other evidences of insurance, or the cancellation thereof, and may make reasonable rules governing their submission. Such rules shall contain a provision that in the event any insurer does not within 60 days furnish satisfactory evidence to the rating organization of the correction of any error or omission previously called to its attention by the rating organization, the rating organization shall notify the Commissioner thereof. All information so submitted for examination shall be confidential.
18 Del. C. 1953, §  2516;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2517. Adherence to filings.

§ 2517. Adherence to filings.
No insurer shall make or issue a contract or policy except in accordance with the filings which are in effect for the insurer as provided in this chapter or in accordance with § 2505 (exemption from filing) or § 2509 (excess rates) of this title. This section shall not apply to contracts or policies for inland marine risks as to which filings are not required.
18 Del. C. 1953, §  2517;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2518. Deviations.

§ 2518. Deviations.
(a) Every subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the Commissioner for permission to file a deviation from the class rates, schedules, rating plans, or rules respecting any kind of insurance, or class of risk within a kind of insurance, or combination thereof. Such application shall specify the basis for the modification, and a copy thereof shall also be sent simultaneously to such rating organization.
(b) The Commissioner shall set a time and place for a hearing at which the insurer and such rating organization may be heard and shall give them not less than 10 days' written notice thereof. If the Commissioner is advised by the rating organization that it does not desire a hearing, he or she may, upon the consent of the applicant, waive such hearings.
(c) In considering the application for permission to file such deviation, the Commissioner shall give consideration to the available statistics and the principles for ratemaking as provided in § 2503 of this title. The Commissioner shall issue an order permitting the deviation for such insurer to be filed if he or she finds it to be justified, and it shall thereupon become effective. He or she shall issue an order denying such application if he or she finds that the modification is not justified or that the resulting premiums would be excessive, inadequate, or unfairly discriminatory.
(d) Each deviation permitted to be filed shall be effective continuously from the date of such permission unless terminated sooner with the approval of the Commissioner or until such time a modification is made to the deviation. All term policies issued pursuant to such deviations may remain in force until their expiring dates.
18 Del. C. 1953, §  2518;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 94, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2519. Appeal from rating organization.

§ 2519. Appeal from rating organization.
Any subscriber to a rating organization may appeal to the Commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization.
18 Del. C. 1953, §  2519;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2520. Appeal by insurers and others as to filings.

§ 2520. Appeal by insurers and others as to filings.
(a) Any person or organization in interest, aggrieved with respect to any filing which is in effect may make written application to the Commissioner for a hearing thereon except that the insurer or rating organization that made the filing shall not be authorized to proceed under this section. Such application shall specify the grounds to be relied upon by the applicant.
(b) If the Commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his or her grounds are established, and that such grounds otherwise justify holding such a hearing, he or she shall, within 30 days after receipt of such application, hold a hearing upon not less than 10 days' written notice to the applicant and to every insurer and rating organization which made such filing.
(c) If, after such hearing, the Commissioner finds that the filing does not meet the requirements of this chapter, he or she shall issue an order specifying in what respects he or she finds that such filing fails to meet the requirements of this chapter and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of the order shall be sent to the applicant and to every such insurer and rating organization. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order.
18 Del. C. 1953, §  2520;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2521. Information to be furnished insured.

§ 2521. Information to be furnished insured.
Every rating organization and every insurer which makes its own rates shall, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all information as to such rate.
18 Del. C. 1953, §  2521;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2522. Advisory organizations.

§ 2522. Advisory organizations.
(a) Every group, association or other organization of insurers, whether located within or outside this State, which assists insurers which make their own filings or rating organizations in rate making, by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but which does not make filings under this chapter shall be known as an advisory organization.
(b) Every advisory organization shall file with the Commissioner:
(1) A copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules and regulations governing its activities;
(2) A list of its members; and
(3) The name and address of a resident of this State upon whom notice or orders of the Commissioner or process issued at his or her direction may be served.
(c) If, after a hearing, the Commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he or she may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of such act or practice.
(d) No insurer which makes its own filing nor any rating organization shall support its filings by statistics or adopt rate making recommendations, furnished to it by an advisory organization which has not complied with this section or with an order of the Commissioner involving such statistics or recommendations issued under subsection (c) of this section. If the Commissioner finds such insurer or rating organization to be in violation of this subsection, he or she may issue an order requiring the discontinuance of such violation.
18 Del. C. 1953, §  2522;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2523. Joint underwriters; joint reinsurers.

§ 2523. Joint underwriters; joint reinsurers.
(a) Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as herein provided, subject, however, with respect to joint underwriting, to all other provisions of law, and with respect to joint reinsurance, to § 2524 (examinations) of this title.
(b) If, after a hearing, the Commissioner finds that any activity or practice of any such group, association or other organization is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he or she may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of such activity or practice.
18 Del. C. 1953, §  2523;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;