reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 19. DELAWARE NONADMITTED INSURANCE ACT › Subchapter IV. Miscellaneous › § 1945. Urgency.

§ 1945. Urgency.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety, and support of the state government and its existing institutions, and shall go into immediate effect. The facts constituting the necessity are:
In order to forestall preemption on June 16, 2011, of state statutes pertaining to surplus line insurance taxation, eligibility, and broker licensure by the Nonadmitted and Reinsurance Reform Act of 2010 [15 U.S.C. § 8201 et seq.], a part of the federal Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 [12 U.S.C. § 5301], it is necessary that this act take effect immediately.
78 Del. Laws, c. 176, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20. RENTAL CAR INSURANCE PRODUCER LIMITED LICENSE ACT › § 2002. Definitions.

§ 2002. Definitions.
As used in this chapter:
(1) “Limited license” means the authority of a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to this chapter.
(2) “Rental agreement” means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease.
(3) “Rental company” means any person or entity in the business of providing primarily motor vehicles to the public under a rental agreement for a rental period not to exceed 90 days.
(4) “Renter” means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed 90 days.
(5) “Vehicle” or “rental vehicle” means a motor vehicle of the private passenger type including passenger vans, minivans and sport utility vehicles, and of the cargo type, including cargo vans, pickup trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license.
73 Del. Laws, c. 189, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20. RENTAL CAR INSURANCE PRODUCER LIMITED LICENSE ACT › § 2004. Termination of limited license.

§ 2004. Termination of limited license.
In the event that any provision of this chapter is violated by a limited licensee, the Commissioner may:
(1) After notice and a hearing, revoke or suspend a limited license issued under this chapter.
(2) After notice and hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this chapter have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this chapter.
73 Del. Laws, c. 189, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20A. PORTABLE ELECTRONIC DEVICE INSURANCE PRODUCER LIMITED LICENSE ACT › § 2051. Definitions.

§ 2051. Definitions.
As used in this chapter:
(1) “Customer” means a person who purchases portable electronics or services.
(2) “Enrolled customer” means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(3) “Location” means any physical location in the State or any website, call center site or similar location directed to residents of the State.
(4) “Portable electronics” means electronic devices that are portable in nature, their accessories and services related to the use of the device.
(5) a. “Portable electronics insurance” means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any 1 or more of the following:
loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar cause of need for repair or replacement.
b. “Portable electronics insurance” does not include:
1. A service contract or extended warranty providing coverage limited to the repair, replacement or maintenance of property for the operational or structural failure of property due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear;
2. A policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or
3. A homeowner's, renter's, private passenger automobile, commercial multi-peril, or similar policy.
(6) “Portable electronics transaction” means:
a. The sale or lease of portable electronics by a vendor to a customer; or
b. The sale of a service related to the use of portable electronics by a vendor to a customer.
(7) “Supervising entity” means a business entity that is a licensed insurer or insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program.
(8) “Vendor” means a person in the business of engaging in portable electronics transactions directly or indirectly.
78 Del. Laws, c. 359, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20A. PORTABLE ELECTRONIC DEVICE INSURANCE PRODUCER LIMITED LICENSE ACT › § 2052. Licensure of vendors.

§ 2052. Licensure of vendors.
(a) A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance.
(b) A limited lines license issued under this section shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions.
(c) The supervising entity shall maintain a registry of vendor locations which are authorized to sell or solicit portable electronics insurance coverage in this State. Upon request by the Commissioner and with 10 days' notice to the supervising entity, the registry shall be open to inspection and examination by the Commissioner during regular business hours of the supervising entity.
(d) Notwithstanding any other provision of law, a license issued pursuant to this section shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted in this section.
78 Del. Laws, c. 359, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20A. PORTABLE ELECTRONIC DEVICE INSURANCE PRODUCER LIMITED LICENSE ACT › § 2053. Requirements for sale of portable electronics insurance.

§ 2053. Requirements for sale of portable electronics insurance.
(a) At every location where portable electronics insurance is offered to customers, brochures or other written materials must be made available to a prospective customer which:
(1) Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy or other source of coverage;
(2) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services;
(3) Summarize the material terms of the insurance coverage, including:
a. The identity of the insurer;
b. The identity of the supervising entity;
c. The amount of any applicable deductible and how it is to be paid;
d. Benefits of the coverage; and
e. Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;
(4) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and
(5) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund or credit of any applicable unearned premium.
(b) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers.
(c) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.
78 Del. Laws, c. 359, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20A. PORTABLE ELECTRONIC DEVICE INSURANCE PRODUCER LIMITED LICENSE ACT › § 2054. Authority of vendors of portable electronics.

§ 2054. Authority of vendors of portable electronics.
(a) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this chapter provided that:
(1) The vendor obtains a limited lines license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to this section;
(2) The insurer issuing the portable electronics insurance either directly supervises or appoints a supervising entity to supervise the administration of the program including development of a training program for employees and authorized representatives of the vendors. The training required by this paragraph shall comply with the following:
a. The training shall be delivered to employees and authorized representatives of vendors who are directly engaged in the activity of selling or offering portable electronics insurance.
b. The training may be provided in electronic form. However, if conducted in an electronic form the supervising entity shall implement a supplemental education program regarding the portable electronics insurance product that is conducted and overseen by licensed employees of the supervising entity; and
c. Each employee and authorized representative shall receive basic instruction about the portable electronics insurance offered to customers and the disclosures required by this section; and
(3) No employee or authorized representative of a vendor of portable electronics shall advertise, represent or otherwise hold himself or herself out as a nonlimited lines licensed insurance producer.
(b) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services.
78 Del. Laws, c. 359, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20A. PORTABLE ELECTRONIC DEVICE INSURANCE PRODUCER LIMITED LICENSE ACT › § 2055. Suspension or revocation of license.

§ 2055. Suspension or revocation of license.
If a vendor of portable electronics or its employee or authorized representative violates any provision of this section, the Commissioner may do any of the following:
(1) After notice and hearing, impose fines not to exceed $500 per violation or $5,000 in the aggregate for such conduct.
(2) After notice and hearing, impose other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this chapter, including:
a. Suspending the privilege of transacting portable electronics insurance pursuant to this section at specific business locations where violations have occurred; and
b. Suspending or revoking the ability of individual employees or authorized representatives to act under the license.
78 Del. Laws, c. 359, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20A. PORTABLE ELECTRONIC DEVICE INSURANCE PRODUCER LIMITED LICENSE ACT › § 2057. Application for license and fees.

§ 2057. Application for license and fees.
(a) A person applying for a license under this chapter shall make application to the Insurance Commissioner on forms prescribed by the Commissioner and declare under penalty of refusal, suspension or revocation of the license that the statements made in the application are true, correct and complete to the best of the person's knowledge and belief.
(b) The application shall:
(1) Provide the name, residence address, and other information required by the Insurance Commissioner for an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this chapter. However, if the vendor derives more than 50% of its revenue from the sale of portable electronics insurance the information noted above shall be provided for all officers, directors, and shareholder of record having beneficial ownership of 10% or more of any class of securities registered under the federal securities law; and
(2) The location of the applicant's home office.
(c) Any vendor engaging in portable electronics insurance transactions on or before January 1, 2013, must apply for licensure within 90 days of the application being made available by the Insurance Commissioner. Any applicant commencing operations after January 1, 2013, must obtain a license prior to offering portable electronics insurance.
(d) Initial licenses issued pursuant to this chapter shall be valid for a period of 24 months and expire on February 28 of the renewal year assigned by the Insurance Commissioner.
(e) Each vendor of portable electronics licensed under this chapter shall pay to the Insurance Commissioner a fee as prescribed by the Commissioner but in no event shall the fee exceed $1,000 for an initial portable electronics limited lines license and $500 for each renewal thereof.
78 Del. Laws, c. 359, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20B. Self-Service Storage Producer Limited License Act. › § 2061. Definitions

§ 2061. Definitions
As used in this chapter:
(1) “Occupant” means a person or the person's sublesee, successor, or assign entitled to the use of a storage space or spaces at a self-service storage facility, to the exclusion of others.
(2) “Owner” means the owner, operator, lessor, or sublessor of a self-service storage facility, him or her agent or any other person authorized by him or her to manage the facility or to receive rent from an occupant under a rental agreement.
(3) “Personal property” means movable property that is not affixed to land and includes but is not limited to all of the following:
a. Goods, wares, merchandise, household items, and furnishings.
b. Vehicles, motor vehicles, trailers, and semitrailers.
c. Watercraft and motorized watercraft.
(4) “Self-service storage facility” means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property.
(5) “Self-service storage insurance” means insurance offered in connection with and incidental to the rental of space at a self-service storage facility.
(6) “Self-service storage producer” means an owner who is licensed under this section.
70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 437, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20B. Self-Service Storage Producer Limited License Act. › § 2063. Prohibitions

§ 2063. Prohibitions
A self-service storage producer may not:
(1) Offer or sell insurance except in connection with and incidental to the rental of space at a self-service storage facility.
(2) Advertise, represent, or otherwise portray itself or any of its employees or authorized representatives as licensed insurers or insurance producers.
81 Del. Laws, c. 437, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20B. Self-Service Storage Producer Limited License Act. › § 2064. Suspension or revocation of license

§ 2064. Suspension or revocation of license
The Commissioner may suspend, revoke, or refuse to renew a limited lines license issued under this chapter after notice and opportunity for a hearing if the self-service storage producer, or employee or authorized representative of the self-service storage producer who offers or sells limited lines insurance on behalf of the self-service storage producer, has done any of the following:
(1) Violated any provision of this chapter or this title.
(2) Operated without a limited lines license as required under this chapter.
(3) Failed to make readily available the disclosures required under § 2062(d) this title.
(4) Offered or sold unapproved insurance products.
(5) Failed to train employees or authorized representatives as required under this chapter.
(6) Misrepresented pertinent facts or policy provisions concerning the insurance prescribed in this chapter.
81 Del. Laws, c. 437, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20B. Self-Service Storage Producer Limited License Act. › § 2065. Additional penalties

§ 2065. Additional penalties
Instead of, or in addition to, suspending or revoking a limited lines license issued under this chapter, the Commissioner may impose on the self-service storage producer administrative penalties as set forth in Chapter 3 of this title.
81 Del. Laws, c. 437, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20B. Self-Service Storage Producer Limited License Act. › § 2066. Exclusions

§ 2066. Exclusions
(a) An insurer may pay, and a self-service storage producer may receive, a commission, service fee, or other valuable consideration dependent on the sale of insurance.
(b) A self-service storage producer may pay, and its employees or authorized representatives may receive, production payments or incentive payments if the payments are not dependent on the sale of insurance.
(c) An owner is not required to be licensed under this section solely to display and make available to occupants and prospective occupants brochures and other promotional materials created by or on behalf of an authorized insurer or by a surplus lines insurer.
81 Del. Laws, c. 437, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 20B. Self-Service Storage Producer Limited License Act. › § 2067. Enforcement

§ 2067. Enforcement
(a) If any of the provisions of this chapter are not satisfied by a self-storage producer, the sale of self-storage insurance by that producer is pursuant to the terms of Chapter 17 of this title.
(b) The self-storage producer offering, selling, soliciting and negotiating self-storage insurance is subject to Chapter 17 of this title, to the extent not inconsistent with this chapter, and Chapter 23 of this title.
81 Del. Laws, c. 437, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2101. Representing or aiding unauthorized insurer prohibited.

§ 2101. Representing or aiding unauthorized insurer prohibited.
(a) No person shall in this State directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such business in this State in the solicitation, negotiation, procurement or effectuation of insurance or annuity contracts, or renewal thereof, or forwarding of applications for insurance or annuities, or the dissemination of information as to coverage or rates, or inspection of risks, or fixing of rates, or investigation or adjustment of claims or losses, or collection or forwarding of premiums, or in any other manner represent or assist such an insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this State.
(b) This section does not apply to:
(1) Matters authorized to be done by the Commissioner under the Unauthorized Insurers Process Act, §§ 2103-2108 of this title;
(2) Transactions as to which the insurer is not required to have a certificate of authority pursuant to § 506 (exceptions to certificate of authority requirement) of this title;
(3) A licensed adjuster or attorney-at-law representing such an insurer from time to time in his or her professional capacity;
(4) Persons in this State who secure and furnish information for the purposes of group life insurance, group or blanket health insurance or annuity coverages, or for enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services and the master policy or contract was lawfully solicited, issued and delivered in and pursuant to the laws of a state in which the insurer was then authorized to transact insurance;
(5) The employee, compensated on salary only, of a Delaware employer who on behalf of the employer assists in the procurement or administration of insurance coverages on the property, risks and insurable interests of the employer.
18 Del. C. 1953, §  2101;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2102. Purpose of Unauthorized Insurers Process Act and Unauthorized Insurers False Advertising Process Act.

§ 2102. Purpose of Unauthorized Insurers Process Act and Unauthorized Insurers False Advertising Process Act.
The purpose of §§ 2103 through 2108 (Unauthorized Insurers Process Act) and §§ 2109 through 2111 (Unauthorized Insurers False Advertising Process Act) of this title is to subject certain insurers to the jurisdiction of the Commissioner and the courts of this State in suits and disciplinary proceedings as provided therein, by or on behalf of insureds or beneficiaries under insurance contracts or the Commissioner. The General Assembly declares its concern that many Delaware residents hold insurance policies delivered in this State by unauthorized insurers, other than as to surplus line coverages written pursuant to Chapter 19 of this title, thus presenting to such residents the often insuperable obstacle of resort to distant courts for the assertion of legal rights under their policies, and that such insurers may induce residents to purchase insurance through false advertising sent into this State. In furtherance of such state interest, the General Assembly herein provides a method of substituted service of process upon such insurers, declares that in so doing it exercises its power to protect Delaware residents, to define, for the purposes of this chapter, what constitutes doing business in this State, and also exercises powers and privileges available to the State under 15 U.S.C. § 1011 et seq., as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
18 Del. C. 1953, §  2102;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2103. Unauthorized Insurers Process Act; title; interpretation.

§ 2103. Unauthorized Insurers Process Act; title; interpretation.
(a) Sections 2103 through 2108 of this title constitute and may be cited as the “Unauthorized Insurers Process Act.”
(b) The act shall be so interpreted as to effectuate its general purpose to make uniform the laws of those states which enact it.
18 Del. C. 1953, §  2103;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2104. Commissioner as process agent.

§ 2104. Commissioner as process agent.
Solicitation, effectuation or delivery of any insurance contract, by mail or otherwise, within this State by an unauthorized insurer, or the performance within this State of any other service or transaction connected with such insurance by or on behalf of such insurer shall be deemed to constitute an appointment by such insurer of the Commissioner and his or her successors in office as its attorney, upon whom may be served all lawful process issued within this State in any action or proceeding against such insurer arising out of any such contract or transaction, and shall be deemed to signify the insurer's agreement that any such service of process shall have the same legal effect and validity as personal service of process upon it in this State.
18 Del. C. 1953, §  2104;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2105. Service of process.

§ 2105. Service of process.
(a) Service of process upon any such insurer pursuant to § 2104 of this title shall be made by delivering to and leaving with the Commissioner or some person in apparent charge of his or her office 2 copies thereof and the payment to him or her of the fees as prescribed by § 701 of this title. The Commissioner shall forthwith mail by registered or certified mail 1 of the copies of such process to the defendant at its principal place of business last known to the Commissioner, and shall keep a record of all process so served upon him or her. Such service of process is sufficient, provided notice of such service and a copy of the process are sent within 10 days thereafter by registered or certified mail by plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
(b) Service of process in any such action, suit or proceeding shall in addition to the manner provided in subsection (a) of this section above be valid if served upon any person within this State who, in this State on behalf of such insurer, is:
(1) Soliciting insurance; or
(2) Making any contract of insurance or issuing or delivering any policies or written contracts of insurance; or
(3) Collecting or receiving any premium for insurance, and a copy of such process is sent within 10 days thereafter by registered or certified mail by the plaintiff's attorney to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
(c) No plaintiff or complainant shall be entitled to a judgment by default under this section until the expiration of 30 days from the date of the filing of the affidavit of compliance.
(d) Nothing in this section shall limit or abridge the right to serve any process, notice or demand upon any insurer in any other manner now or hereafter permitted by law.
18 Del. C. 1953, §  2105;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2106. Exemptions from service of process provisions.

§ 2106. Exemptions from service of process provisions.
Sections 2104 and 2105 of this title shall not apply to surplus line insurance lawfully effectuated under Chapter 19 of this title, or to reinsurance, or to any action or proceeding against an unauthorized insurer arising out of any of the following where the policy or contract contains a provision designating the Commissioner as its attorney for the acceptance of service of lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such policy, or where the insurer enters a general appearance in any such action:
(1) Wet marine and transportation insurance;
(2) Insurance on or with respect to subjects located, resident or to be performed wholly outside this State, or on vehicles or aircraft owned and principally garaged outside this State;
(3) Insurance on property or operations of railroads engaged in interstate commerce; or
(4) Insurance on aircraft or cargo of such aircraft, or against liability, other than employer's liability, arising out of the ownership, maintenance or use of such aircraft.
18 Del. C. 1953, §  2106;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2107. Defense of action by unauthorized insurer.

§ 2107. Defense of action by unauthorized insurer.
(a) Before an unauthorized insurer files or causes to be filed any pleading in any action or proceeding instituted against it under §§ 2104 and 2105 of this title, such insurer shall:
(1) Procure a certificate of authority to transact insurance in this State; or
(2) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action. The court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action or proceeding, and that the insurer will pay any final judgment entered therein without requiring suit to be brought on such judgment in the state where such funds or securities are located.
(b) The court in any action or proceeding in which service is made in the manner provided in § 2105 of this title may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section above, and to defend such action.
(c) Nothing in subsection (a) of this section above is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in § 2105 of this title on the ground either:
(1) That such unauthorized insurer has not done any of the acts enumerated in § 2104 of this title; or
(2) That the person on whom service was made pursuant to § 2105(b) of this title was not doing any of the acts therein enumerated.
18 Del. C. 1953, §  2107;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2108. Attorneys' fees.

§ 2108. Attorneys' fees.
In any such action against an unauthorized insurer, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court shall allow to the plaintiff reasonable attorneys fees and include such fees in any judgment that may be rendered in such action, and in no event shall such fees be less than $100. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
18 Del. C. 1953, §  2108;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2109. Unauthorized Insurers False Advertising Process Act; title.

§ 2109. Unauthorized Insurers False Advertising Process Act; title.
Sections 2102 and 2109 through 2111 of this title constitute and may be referred to as the “Unauthorized Insurers False Advertising Process Act.”
18 Del. C. 1953, §  2109;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2110. Notice to domiciliary supervisory official.

§ 2110. Notice to domiciliary supervisory official.
No unauthorized insurer through any estimate, illustration, circular, pamphlet, letter, announcement, statement or any other means or medium shall misrepresent to any person in this State as to its financial condition or the terms of any contract issued or to be issued by it or the advantages thereof, or the dividends or share to be received thereon. Whenever the Commissioner has reason to believe that any such insurer is so misrepresenting, he or she shall so notify the insurer and the insurance supervisory official of the insurer's domiciliary state or province by registered or certified mail.
18 Del. C. 1953, §  2110;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2111. Action by Commissioner.

§ 2111. Action by Commissioner.
(a) If within 30 days following the giving of the notice provided for in § 2110 of this title the insurer has not ceased such dissemination, and if the Commissioner has reason to believe that such insurer is soliciting, issuing or delivering contracts of insurance to residents of this State or collecting premiums on such contracts or performing any other transaction in connection with such insurance, and that a proceeding by him or her in respect to such matters would be to the interest of the public, he or she shall take action against such insurer under Chapter 23 of this title.
(b) If upon such hearing the Commissioner finds that the insurer has misrepresented, as referred to in § 2110 of this title, he or she shall by order on such hearing require the insurer to cease and desist from such violation, and shall mail a copy of the order by registered or certified mail to the insurer at its principal place of business last of record with the Commissioner and to the insurance supervisory official of the insurer's domiciliary state or province. Each violation thereafter of such desist order shall subject the insurer to a penalty of $5,000, to be recovered by a civil action brought against the insurer by the Commissioner. Service of process upon the insurer in such action may be made upon the Commissioner pursuant to § 2105 or Chapter 23 of this title or in any other lawful manner.
18 Del. C. 1953, §  2111;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 278, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 21. UNAUTHORIZED INSURERS — PROHIBITIONS, PROCESS AND ADVERTISING › § 2112. Suits instituted by Commissioner.

§ 2112. Suits instituted by Commissioner.
(a) Any foreign or alien insurer not thereunto authorized by the Commissioner, who, by mail or otherwise, solicits insurance business in this State or transacts insurance business in this State as defined by § 103 of this title, thereby submits itself to the jurisdiction of the courts of this State in any action, suit or proceeding instituted by or on behalf of the Commissioner arising out of such unauthorized solicitation of insurance business, including, but not limited to, an action for injunctive relief by the Commissioner.
(b) Process against such unauthorized insurer may be served in the manner provided in § 2307 of this title, except that the insurer shall have 40 days from the date of such service within which to plead, answer or otherwise defend the action.
18 Del. C. 1953, §  2112;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2301. Declaration of purpose.

§ 2301. Declaration of purpose.
(a) The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945, 15 U.S.C. § 1011 et seq., by defining or providing for the determination of all such practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
(b) Section 2301 through § 2316 of this title constitute and may be cited as the Unfair Trade Practices Act.
18 Del. C. 1953, §  2301;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2302. Definitions.

§ 2302. Definitions.
When used in this chapter:
(1) “Abuse” means the occurrence of 1 or more of the following acts between family members, current or former household members, or current or former intimate partners:
a. Intentionally or recklessly causing or attempting to cause physical injury, or a sexual offense as defined in § 761 of Title 11;
b. Intentionally or recklessly placing or attempting to place another individual in reasonable apprehension of physical injury or sexual offense to himself or herself or another;
c. Intentionally or recklessly damaging, destroying or taking the tangible property of another individual;
d. Insulting, taunting or challenging another individual or engaging in a course of alarming or distressing conduct in a manner which is likely to provoke a violent or disorderly response or which is likely to cause humiliation, degradation or fear in another individual;
e. Trespassing on or in property of another individual, or on or in property from which the trespasser has been excluded by court order;
f. Child abuse, as defined in Chapter 9 of Title 16;
g. Unlawful imprisonment, kidnapping, interference with custody and coercion, as defined in Title 11;
h. Any other conduct which a reasonable individual under the circumstances would find threatening or harmful.
(2) “Commissioner” shall mean the Commissioner of Insurance of this State.
(3) “Insurance policy” or “insurance contract” shall mean any contract of insurance, indemnity, medical or hospital service, suretyship, or annuity issued, proposed for issuance or intended for issuance by any person.
(4) “Person” shall mean any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society and other legal entity engaged in the business of insurance, including agents, brokers and adjusters. Person shall also mean medical service plans and hospital service plans as defined in § 6302 of this title. For purposes of this chapter, medical hospital service plans shall be deemed to be engaged in the business of insurance.
(5) “Service contract” is intended to cover the product issued by medical and hospital service plans and should be changed to conform to the laws of each state.
18 Del. C. 1953, §  2302;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 250, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2303. Unfair methods of competition and unfair or deceptive acts or practices prohibited.

§ 2303. Unfair methods of competition and unfair or deceptive acts or practices prohibited.
No person shall engage in this State in any trade practice which is defined in this chapter as, or determined pursuant to this chapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
18 Del. C. 1953, §  2303;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2305A. Banks acting as insurance agents or brokers.

§ 2305A. Banks acting as insurance agents or brokers.
(a) Banks and subsidiaries thereof first authorized to conduct the business of insurance pursuant to § 761(a)(14) of Title 5 shall not act as insurance agents or brokers unless duly licensed to act as such pursuant to the provisions of Chapter 17 of this title; provided, that such banks or subsidiaries thereof may sell insurance pursuant to subsections (b) and (c) of this section without separate license if such sales are conducted exclusively by an individual, partnership or corporation duly licensed as an agent or broker under Chapter 17 of this title with whom such bank or subsidiary thereof shall have contracted. All of the business of acting as an insurance agent or broker undertaken by or on behalf of a bank or subsidiary thereof shall be subject to the provisions of Chapter 17 of this title regulating insurance agents or brokers generally; provided, that the prohibition against sharing commissions set forth in § 1739 of this title shall not apply to an agent employed, or contracting with, a bank with respect to the commissions earned by such agent on insurance sold through or on behalf of said bank.
(b) Subject to subsection (c) of this section, banks or subsidiaries thereof first authorized to conduct the business of insurance pursuant to § 761(a)(14) of Title 5 which are either licensed as insurance agents or brokers, or which shall have contracted with an independent individual, partnership or corporation so licensed, may sell insurance both on branch premises and at other, nonbranch locations.
(c) Until July 1, 1994, all sales of insurance to the Delaware public by a bank or subsidiary thereof, or an individual, partnership or corporation licensed as an agent or broker with whom a bank or subsidiary has contracted for the sale of insurance, shall, at each branch office or other location, be conducted under the supervision of 1 or more insurance agents or brokers, located on the premises, who have been licensed and have actual experience as insurance agents or brokers for a period of not less than 5 years.
(d) Nothing in this section shall be construed as derogating from the authority of any bank or subsidiary thereof whose power to conduct the business of insurance first derives from its charter, or otherwise by operation of law other than § 761(a)(14) of Title 5.
67 Del. Laws, c. 223, §  36;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2306. Power of Commissioner.

§ 2306. Power of Commissioner.
The Commissioner shall have power to examine and investigate the affairs of every person engaged in the business of insurance in this State in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by § 2303 of this chapter.
18 Del. C. 1953, §  2306;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2310. Judicial review by intervenor.

§ 2310. Judicial review by intervenor.
If after any hearing under § 2306 or § 2311 of this title the Commissioner's report does not charge a violation of this chapter, then any intervenor in the proceedings may within 20 days after the service of such report cause a petition for a review of such report to be filed in the Chancery Court of any county of this State. Upon such review, the Court shall have authority to issue appropriate orders and decrees in connection therewith, including, if the Court finds that it is in the interest of the public, orders enjoining and restraining the continuance of any method of competition, act or practice which it finds, notwithstanding such report of the Commissioner, constitutes a violation of this chapter, and containing penalties pursuant to § 2308 of this title.
18 Del. C. 1953, §  2311;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2311. Penalty for violation of cease and desist orders.

§ 2311. Penalty for violation of cease and desist orders.
(a) Any person who violates a cease and desist order of the Commissioner under § 2308 of this title, and while such order is in effect, may after notice and hearing and upon order of the Commissioner be subject at the discretion of the Commissioner to any one or more of the following:
(1) A monetary penalty of not more than $11,500 for each and every act or violation; or
(2) Suspension or revocation of such person's license; or
(3) Such other relief as is reasonable and appropriate.
(b) Prosecutions for any such violation shall be brought in the Superior Court of the county in which the offense occurred.
(c) At the discretion of the Commissioner and the Attorney General, any fine provided for above may be recovered on behalf of the State by a civil action brought against the violator.
18 Del. C. 1953, §  2312;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;  67 Del. Laws, c. 260, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2312. Regulations.

§ 2312. Regulations.
(a) The Commissioner may, after notice and hearing, promulgate reasonable rules and regulations, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by § 2304 or § 2305 of this title, but the regulations shall not enlarge upon or extend the provisions of § 2304 or § 2305 of this title. Such regulations shall be subject to review in accordance with § 2309 of this title. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof.
(b) Wilful violation of any such rule or regulation shall subject the violator to such suspension or revocation of certificate of authority or license, or to such administrative fine in lieu thereof, as may be applicable under this title for violation of the provision to which such rule or regulation relates, but no penalty shall apply to any act done or omitted in good faith in conformity with any such rule or regulation, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
18 Del. C. 1953, §  2313;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 23. UNFAIR PRACTICES IN THE INSURANCE BUSINESS › § 2313. Provisions of chapter additional to existing law.

§ 2313. Provisions of chapter additional to existing law.
The powers vested in the Commissioner by this chapter, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the method, acts and practices hereby declared to be unfair or deceptive.
18 Del. C. 1953, §  2314;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 200, §  1;