reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1711. Temporary licensing.

§ 1711. Temporary licensing.
(a) The Insurance Commissioner may issue a temporary license for a period not to exceed 180 days without requiring an examination if the Insurance Commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases:
(1) To the surviving spouse or court-appointed personal representative of a licensee who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the licensee or for the recovery or return of the licensee to the business or to provide for the training and licensing of new personnel to operate the licensee's business;
(2) To a member or employee of a business entity licensed as an insurance producer, adjuster or appraiser, upon the death or disability of an individual designated in the business entity application or the license;
(3) To the designee of a licensee entering active service in the armed forces of the United States of America; or
(4) In any other circumstance where the Insurance Commissioner deems that the public interest will best be served by the issuance of this license.
(b) The Insurance Commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The Insurance Commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer, adjuster, appraiser or insurer, as applicable, and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The Insurance Commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.
59 Del. Laws, c. 577, §  1;  64 Del. Laws, c. 121, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 10;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1713. Conservation of insurance business.

§ 1713. Conservation of insurance business.
(a) If the Commissioner finds that the business of any licensee in this State has become financially impaired or insolvent, or has been abandoned by the licensee, or has been conducted in such a manner as to require or justify revocation of the licenses of that licensee, and if the Commissioner further finds that the conservation and administration of the business of the licensee would be in the public interest, he or she shall file in the Court of Chancery in the county in which the insurance business is located a petition for the appointment of the Commissioner as conservator or receiver of such licensee's business except by leave of the Court.
(b) The petition shall be verified by the Commissioner and shall set forth the facts and circumstances from which the existence of 1 or more of the grounds required under subsection (a) of this section may be determined; such petition may request that the licensee be required to show cause why the petition should not be granted.
(c) A copy of the petition and of the order to show cause, if they are issued, shall be served upon the licensee in the same manner as provided by law of this State for service of other legal process.
(d) Upon the filing of a petition and pending a hearing upon the order to show cause, the Court may, upon good cause shown and without notice to the other party, appoint the Commissioner as temporary conservator or receiver of the licensee's business.
(e) The Commissioner shall, as conservator or receiver, be authorized and empowered to conduct and administer the affairs of the licensee's business in order to expeditiously terminate such business and, to the extent reasonably possible, to provide services and an accounting for funds to all persons previously insured and to insurers who have previously been doing business through such licensee. Subject to the Court's order, the Commissioner shall have the power to collect funds owed to the licensee on account of insurance business transacted by him or her, and to account for and make payment of those funds to such persons as are entitled to them.
(f) The Commissioner may delegate the actual conduct and administration of the business of the licensee and no charges for services so rendered shall be made against the funds or assets of the licensee business except by leave of the Court.
(g) Except as expressly herein provided, receivership or conservatorship shall be subject to the applicable laws of this State and to the order of any court of competent jurisdiction.
18 Del. C. 1953, §  1746;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 577, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 12;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1714. Commissions.

§ 1714. Commissions.
(a) An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this State if that person is required to be licensed under this chapter and is not so licensed.
(b) A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this State if that person is required to be licensed under this chapter and is not so licensed.
(c) Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this State if the person was required to be licensed under this chapter at the time of the sale, solicitation or negotiation and was so licensed at that time.
(d) An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this State, unless the payment would violate §§ 2303 and 2304 of this title.
(e) No producer acting as a consultant may accept any fee, commission or other consideration from an insurer for any activity for which the producer acting as a consultant has received or will receive a fee from the producer's client.
(f) An insurer or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this State if that person is required to be licensed under this chapter and is not so licensed. Nothing in this section allows an insurer to pay commissions to a nonappointed insurance producer when an appointment is otherwise required.
(g) An unlicensed person who refers a customer or potential customer to an insurer or insurance producer and who does not discuss specific terms and conditions of a policy or give opinions or advice regarding insurance may be compensated for the referral, if the compensation:
(1) For each referral is:
a. Nominal;
b. On a 1-time basis; and
c. Fixed in amount by referral;
(2) Does not depend on whether the customer or potential customer purchases the insurance; and
(3) Is not contingent on the volume of insurance transacted.
The restrictions set forth in this provision shall not apply to commercial lines. Referral fees for commercial lines shall still be subject to subsection (d) of this section.
18 Del. C. 1953, §  1737;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 577, §  1;  65 Del. Laws, c. 142, §§  22, 23;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 13;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1715. Appointments.

§ 1715. Appointments.
(a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
(b) To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the Insurance Commissioner, a notice of appointment within 15 days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request. The group appointment provision of this section is only applicable upon implementation by this Department of an electronic appointment process.
(c) Upon receipt of the notice of appointment, the Insurance Commissioner shall verify within a reasonable time not to exceed 30 days that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the Insurance Commissioner shall notify the insurer within 5 days of its determination.
(d) An insurer shall pay an appointment fee, in the amount and method of payment set forth in Chapter 7 of this title, for each insurance producer appointed by the insurer.
59 Del. Laws, c. 577, §  1;  65 Del. Laws, c. 142, §§  7, 8;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1717. Reciprocity.

§ 1717. Reciprocity.
(a) The Insurance Commissioner shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except the requirements imposed by § 1708 of this title, if the applicant's home state awards nonresident licenses to residents of this State on the same basis.
(b) A nonresident licensee's satisfaction of that licensee's home state's continuing education requirements for licensed insurance producers, adjusters or appraisers, as applicable, shall constitute satisfaction of this State's continuing education requirements if the nonresident licensee's home state recognizes the satisfaction of its continuing education requirements imposed upon licensees from this State on the same basis. Nonresident adjusters whose home states (including designated home states) do not have continuing education requirements for adjusters shall be required to satisfy this State's continuing education requirements.
(c) No resident of Canada shall be granted reciprocity for purposes of obtaining a nonresident's adjuster license unless that individual has designated another state as his or her home state or obtained a resident adjuster's license in another state.
73 Del. Laws, c. 80, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 359, §  4;  80 Del. Laws, c. 215, § 14;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1718. Additional or continuing education.

§ 1718. Additional or continuing education.
In addition to meeting the standards prescribed in other sections of this chapter for the issuance of a license, the Commissioner may promulgate regulations and/or prerequisites which will establish reasonable standards and criteria for requiring additional or continuing education of licensees, in order to ensure the maintenance or improvement of a licensee's insurance skills and knowledge. Failure to provide proof of meeting continuing education requirements shall result in the automatic lapse of such licensee's license in accordance with §  1707(f) of this title and may result in the imposition of monetary penalties in accordance with §§  1707(g) and 1712(d) of this title.
59 Del. Laws, c. 577, §  1;  64 Del. Laws, c. 230, §  2;  66 Del. Laws, c. 4, §  3;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 15;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1719. Reporting of actions.

§ 1719. Reporting of actions.
(a) A licensee shall report to the Insurance Commissioner any administrative action taken against the licensee in another jurisdiction or by another governmental agency in this State within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents.
(b) Within 30 days of the initial pretrial hearing date, a licensee shall report to the Insurance Commissioner any criminal prosecution of the licensee taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
66 Del. Laws, c. 16, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;  80 Del. Laws, c. 215, § 16;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1720. Regulations.

§ 1720. Regulations.
The Insurance Commissioner may promulgate reasonable regulations as are necessary or proper to carry out the purposes of this chapter.
59 Del. Laws, c. 577, §  1;  70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1721. Enforcement after license lapses or is surrendered.

§ 1721. Enforcement after license lapses or is surrendered.
The Commissioner shall retain authority to enforce the provisions of, and impose any penalty or remedy authorized by, this chapter and title against any person who is under investigation for, or charged with, a violation of this chapter and title even if, while the investigation or charges are pending, such person's license or registration is surrendered or lapses by operation of law.
70 Del. Laws, c. 424, §  1;  73 Del. Laws, c. 80, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1723. Severability.

§ 1723. Severability.
If any provisions of this chapter, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
73 Del. Laws, c. 80, §  1;  79 Del. Laws, c. 102, §  6;  80 Del. Laws, c. 215, § 17;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17. LICENSING OF PROFESSIONAL INSURANCE PERSONNEL › § 1724. Effective date.

§ 1724. Effective date.
This chapter shall take effect March 1, 2002.
73 Del. Laws, c. 80, §  1;  79 Del. Laws, c. 102, §  6;  80 Del. Laws, c. 215, § 17;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1750. Definitions.

§ 1750. Definitions.
For the purposes of §§ 1750-1761 of this title, the following terms have the meanings indicated.
(1) “Adjuster” means an adjuster as defined in § 1702(a) of this title.
(2) “License” means a license issued by the Commissioner to act as a public insurance adjuster.
(3) “Licensee” means any person licensed in the State to do business as a public insurance adjuster.
(4) “Public adjuster” shall include any person who, for compensation or any other thing of value:
a. Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured individual in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract;
b. Advertises for employment as an adjuster of insurance claims or solicits business or represents oneself to the public as an adjuster of first party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or
c. Directly or indirectly solicits business, investigates or adjusts losses or advises an insured about first-party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy.
74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1751. License requirement.

§ 1751. License requirement.
(a) No person shall, directly or indirectly, act as a public adjuster without first procuring a license from the Commissioner to act as a public insurance adjuster.
(b) The Commissioner shall issue a license to an applicant for a public adjuster's license who:
(1) Has paid the applicable fee, which shall be the same as that for an adjuster's license;
(2) Passes a written examination for which a fee may be charged, in accordance with regulations issued pursuant to this chapter; and
(3) Has sufficient experience, training, and instruction concerning the adjusting of first party claims for damages or losses under insurance contracts that insure the real or personal property of the insured, as determined by the Commissioner in accordance with regulations issued pursuant to this chapter.
(c) The Commissioner may issue a license to any applicant without an examination if:
(1) The applicant holds a like license in good standing from another state and the public official having supervision of public insurance adjusters in the other state certifies that the applicant has passed a written examination; and
(2) The other state recognizes public insurance adjusters with public insurance adjuster licenses issued by the State of Delaware for the purpose of licensing the applicant without the requirement of an examination.
(d) A license issued pursuant to this section shall continue in force provided the licensee has completed continuing education requirements as established for adjusters and paid renewal fees as established for adjusters under this title, unless suspended, revoked or otherwise terminated prior thereto. Requests for renewal of the license shall be made to the Commissioner and accompanied by the license fee as established under Title 18.
74 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1752. Bond requirement.

§ 1752. Bond requirement.
(a) At the time of the application for license as a public adjuster, the applicant shall file with the Commissioner a bond executed and issued by a surety insurer authorized to transact business in the State in the amount of $20,000, which bond shall serve the faithful performance of his or her duties as a public insurance adjuster. A public adjuster license shall automatically terminate when the bond is not in force.
(b) The bond shall have the following characteristics:
(1) The bond shall be in favor of the State and shall specifically authorize recovery by the Commissioner of the damages sustained if the licensee is convicted of fraud or unfair practices in connection with the licensee's business as a public adjuster.
(2) The aggregate liability of the surety for all damages shall not exceed the amount of the bond.
(3) The bond shall not be terminated unless at least 30 days written notice is given to the licensee and filed with the Commissioner.
74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1753. Ownership of other entities.

§ 1753. Ownership of other entities.
(a) An applicant for a public adjuster's license shall disclose to the Commissioner the full name and residence of each person who directly or indirectly owns or controls the licensee, or holds with power to vote or holds proxies with the power to vote, 10 percent or more of the voting securities of the licensee.
(b) The Commissioner may deny an application or suspend or revoke the license of a public adjuster if any person who directly or indirectly owns or controls the licensee, or holds with power to vote or holds proxies with the power to vote, 10 percent or more of the voting securities of the licensee does not meet the qualifications for licensure under this chapter.
(c) Every applicant for an initial or renewal public adjuster's license shall file with the Commissioner a list of the full names of all employees who are authorized to negotiate claims settlements.
74 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1754. Maintenance of records.

§ 1754. Maintenance of records.
(a) A public adjuster shall maintain a complete record of each transaction as a public insurance adjuster. The records required by this section shall include at least the:
(1) Name of the insured;
(2) Date, location and amount of the loss;
(3) Copy of the contract between the public insurance adjuster and insured;
(4) Name of the insurer, amount, expiration date and number of each policy carried with respect to the loss;
(5) Itemized statement of the insured's recoveries; and
(6) Itemized statement of all compensation received by the public insurance adjuster, from any source whatsoever, in connection with a particular claim.
(b) Records shall be maintained for at least 5 years after the termination of the transaction with an insured and shall be open to examination by the Commissioner at all times.
(c) Records submitted in accordance with this section that contain proprietary information, identified in writing as such by the public insurance adjuster shall be treated as confidential by the Commissioner.
74 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1755. License denial, suspension, revocation and refusal to renew; civil penalties.

§ 1755. License denial, suspension, revocation and refusal to renew; civil penalties.
(a) The Commissioner may deny a license to an applicant or suspend, revoke or refuse to renew a license if the applicant or licensee:
(1) Violates the provisions of this chapter and any provision of the Delaware Unfair Trade Practices Law [Chapter 25 of Title 6] or the Delaware Unfair Claims Settlement Practices Law [Chapter 23 of this title] or any standard of conduct prescribed by the Commissioner in regulations;
(2) Makes a material misstatement in the application for the license;
(3) Engages in fraudulent or dishonest practices;
(4) Demonstrates incompetence or untrustworthiness to act as a public insurance adjuster; or
(5) Fails to complete continuing education requirements.
(b) Upon a finding by the Commissioner of a violation of subsection (a) of this section, the Commissioner may impose a civil penalty not to exceed $1,000 for each violation.
(c) This chapter shall not be applied or interpreted to bar a borrower from bringing an action pursuant to any Delaware or federal law for damages, injunctive relief or any other relief.
74 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1756. Contracts and solicitation of contracts.

§ 1756. Contracts and solicitation of contracts.
(a) No licensee shall, directly or indirectly, act within the State as a public adjuster without having first entered into a contract, in writing, on a form approved by the Commissioner and executed in duplicate by the public insurance adjuster and the insured or a duly authorized representative. One copy of the contract shall be kept on file by the licensee and be available at all times for inspection without notice by the Commissioner.
(b) (1) An insured who contracts for the services of a public adjuster shall have the right to cancel the contract until midnight on the third business day after the day on which the insured signs the contract. Contracts that do not substantially conform to the requirements contained in this section shall be void. Cancellation of the contract shall be effective when mailed if the following conditions are met:
a. The cancellation shall be in writing, but need not take a particular form, and shall be sufficient if it indicates the intent of the person not to go forward with the representation.
b. The right to cancel shall be contained in the approved contract in a format designated by the Commissioner.
(2) The right of rescission contained in this subsection shall be in addition to, and not in limitation of, any other rights of the insured.
(3) In a commercial loss, if a contract is cancelled in accordance with this subsection, the public adjuster shall be entitled to reasonable compensation for actual services rendered and costs incurred between the time the contract was entered into and the time it was cancelled.
(c) A licensee shall not solicit, or attempt to solicit, a client for employment during the progress of a loss-producing occurrence, as defined in the client's insurance contract.
(d) A licensee shall not permit an unlicensed employee or agent in the unlicensed employee's or agent's own name to advertise, engage clients, furnish reports or present bills to clients, or in any manner whatsoever to conduct business for which a license is required under this chapter.
(e) A licensee shall not charge the client a fee that exceeds 2.5% of the first $25,000 of the total insurance recovery of the client. A licensee may charge the client a fee of up to 12% of the amount of the total insurance recovery of the client that exceeds $25,000.
(f) A licensed public adjuster may not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim.
(g) A public adjuster shall be subject to the Delaware Unfair Claims Settlement Act [Chapter 23 of this title].
74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1757. Adjustments to comply with insurance contract and law.

§ 1757. Adjustments to comply with insurance contract and law.
A public insurance adjuster shall adjust or investigate every claim, damage or loss made or occurring under an insurance contract for which the public insurance adjuster has been employed in accordance with the terms and conditions of the public insurance adjuster's contract with the insured and the applicable laws and regulations of the State.
74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1758. Prohibited acts.

§ 1758. Prohibited acts.
(a) Notwithstanding any other grounds for disciplinary action provided for under this chapter, the Commissioner may deny, revoke, suspend, refuse to renew, or impose a penalty on an applicant or licensee for violation of acts prohibited under this section.
(b) A licensed public adjuster is prohibited from doing any of the following:
(1) Paying any money or giving anything of value to any person in consideration of a direct or indirect referral of a client or potential client.
(2) Paying any money or giving anything of value to any person in consideration as an inducement to refer business or clients.
(3) Charging, collecting, or receiving any money or anything of value from any person providing services to an insured, either directly or on behalf of the public adjuster, in connection with the business of adjusting insurance claims, without the prior written disclosure of the fee or benefit to the insured.
(4) Rebating to any client any part of a fee specified in the employment contract.
(5) Splitting the licensed public adjuster's fees or paying any money to any person for services rendered to a client unless such other person is also licensed as a public adjuster.
(6) Having any interest directly or indirectly in any home improvement, restoration, construction, salvage, appraisal, loss mitigation, cleaning, or environmental restoration business that conducts business in this State.
(7) In connection with the licensee's conduct of business as public adjuster, making any misrepresentation of facts or advising any person on any question of law.
(8) Making false statements about any insurance company or its employees, agents, or representatives.
(9) Soliciting the employment by a client in connection with any loss which is the subject of an employment contract involving the client and another public adjuster.
(10) Representing both the insurer and the insured.
(11) Advancing any money to a client pending the settlement of a loss where such amount would be included in the final settlement.
(c) (1) A violation of this section is all of the following:
a. A prohibited trade practice under Chapter 25 of Title 6.
b. A violation of the Unfair Trade Practices Act under Chapter 23 of this title.
(2) A violation of this section may constitute insurance fraud under § 2407 of this title.
(d) A public adjuster is also subject to the penalties applicable to licensees under Chapter 17 of this title.
74 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 283, § 24;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1759. Regulations and scope.

§ 1759. Regulations and scope.
(a) The Commissioner shall promulgate rules and regulations as are necessary to carry out this chapter.
(b) This chapter shall not apply to:
(1) An adjuster for or an agent or employee of an insurer or group of insurers under common control or ownership that, as a representative of the insurer or group, adjusts losses or damages under policies issued by the insurer or group of insurers;
(2) An agent or broker that acts as an adjuster without compensation for an insured for whom the agent or broker is acting as an agent or broker;
(3) An attorney at law who does not:
a. Regularly act as a public insurance adjuster; or
b. Represent to the public by sign, advertisement or other written or oral communication indicating that the attorney at law acts as a public insurance adjuster; or
(4) A licensed health-care provider, or employee of a licensed health-care provider, who prepares or files a health insurance claim form on behalf of a patient;
(5) Persons employed only for the purpose of obtaining facts surrounding a loss or furnishing technical assistance to a licensed adjuster, including but not limited to photographers, private investigators, engineers and handwriting experts;
(6) Any agent or other person who negotiates and/or settles claims arising under life and health insurance policies;
(7) A person who performs clerical duties for or as an employee of an insurance company, but who does not participate in negotiations with parties on disputed and/or contested claims; or
(8) Any person who settles subrogation claims between authorized insurers.
74 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1760. Immunity.

§ 1760. Immunity.
There shall be no liability on the part of and no cause of action shall arise against, the Commissioner or the Insurance Department or its employees for any action taken by them in the performance of their powers and duties under this chapter.
74 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17A. LICENSING OF PUBLIC ADJUSTERS › § 1761. Severability clause.

§ 1761. Severability clause.
If any provision of this chapter, or its application to any person or circumstance, is held invalid, that determination shall not affect the provisions or applications of this chapter that can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.
74 Del. Laws, c. 178, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17B. LICENSING OF LIMITED LINES TRAVEL INSURANCE PRODUCERS › § 1771. Definitions.

§ 1771. Definitions.
For purposes of this chapter, the following terms have the meanings indicated.
(1) “Limited lines travel insurance producer” means a licensed managing general agent or third-party administrator, or licensed insurance producer, including a limited lines producer, or a “travel administrator” as defined in § 5603 of this title.
(2) “Offer and disseminate” means providing general information, including a description of the coverage and price, as well as processing the application, collecting premiums, and performing other nonlicensable activities permitted by the State.
(3) “Travel insurance” shall have the meaning stated in § 1702 of this title.
(4) “Travel retailer” means a business entity that makes, arranges or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
79 Del. Laws, c. 428, §  5;  80 Del. Laws, c. 215, § 1;  84 Del. Laws, c. 40, § 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17B. LICENSING OF LIMITED LINES TRAVEL INSURANCE PRODUCERS › § 1773. Registration.

§ 1773. Registration.
Notwithstanding any other provision in law, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this chapter, is authorized to do so and receive related compensation, upon registration by the limited lines travel insurance producer as described in § 1772(2)b. of this title.
79 Del. Laws, c. 428, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17B. LICENSING OF LIMITED LINES TRAVEL INSURANCE PRODUCERS › § 1774. Policy.

§ 1774. Policy.
Travel insurance may be provided under an individual, group, or blanket policy, as those terms are defined in § 5603 of this title.
79 Del. Laws, c. 428, §  5;  84 Del. Laws, c. 40, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17B. LICENSING OF LIMITED LINES TRAVEL INSURANCE PRODUCERS › § 1775. Responsibility.

§ 1775. Responsibility.
As the insurer's designee, the limited lines travel insurance producer is responsible for the acts of the travel retailers and shall use reasonable means to ensure compliance by the travel retailers with this chapter.
79 Del. Laws, c. 428, §  5;  84 Del. Laws, c. 40, § 5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 17B. LICENSING OF LIMITED LINES TRAVEL INSURANCE PRODUCERS › § 1776. Enforcement.

§ 1776. Enforcement.
The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance on behalf of the limited lines travel insurance producer shall be subject to Chapter 17 (to the extent not inconsistent with this chapter) and Chapter 23 of this title.
79 Del. Laws, c. 428, §  5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 18. MANAGING GENERAL AGENTS ACT › § 1802. Definitions.

§ 1802. Definitions.
As used in this chapter:
(1) “Actuary” means a person who is a member in good standing of the American Academy of Actuaries.
(2) “Insurer” means any person, firm, association or corporation duly licensed in this State as an insurance company pursuant to Chapter 5 of this title.
(3) “Managing general agent” (“MGA”) means any person, firm, association or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer (including the management of a separate division, department or underwriting office) and acts as an agent for such insurer whether known as a managing general agent, manager or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any 1 quarter or year together with 1 or more of the following:
a. Adjusts or pays claims in excess of an amount determined by the Commissioner; or
b. Negotiates reinsurance on behalf of the insurer.
Notwithstanding the above, the following persons shall not be considered as MGAs for the purposes of this chapter:
a. An employee of the insurer;
b. A United States manager of the United States branch of an alien insurer;
c. An underwriting manager which, pursuant to contract, manages all or part of the insurance operations of the insurer, is under common control with the insurer, subject to the holding company regulatory act and whose compensation is not based on the volume of premiums written without regard for the profitability of the business written;
d. The attorney-in-fact authorized by, and acting for, the subscribers of a reciprocal insurer of interinsurance exchange under powers of attorney.
(4) “Underwrite” means the authority to accept or reject risk on behalf of the insurer.
68 Del. Laws, c. 68, §  1;  84 Del. Laws, c. 233, § 37;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 18. MANAGING GENERAL AGENTS ACT › § 1803. Licensure.

§ 1803. Licensure.
(a) No person, firm, association or corporation shall act in the capacity of an MGA with respect to risks located in this State for an insurer licensed in this State unless such person is a licensed producer in this State.
(b) No person, firm, association or corporation shall act in the capacity of an MGA representing an insurer domiciled in this State with respect to risks located outside this State unless such person is licensed as a producer in this State (such license may be a nonresident license) pursuant to this chapter.
(c) The Commissioner may require a bond in an amount acceptable to the Commissioner for the protection of the insurer.
(d) The Commissioner may require the MGA to maintain an errors and omissions policy.
68 Del. Laws, c. 68, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 18. MANAGING GENERAL AGENTS ACT › § 1805. Duties of insurers.

§ 1805. Duties of insurers.
(a) The insurer shall have on file an independent financial examination, in a form acceptable to the Commissioner, of each MGA with which it has done business.
(b) If an MGA establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the MGA. This is in addition to any other required loss reserve certification.
(c) The insurer shall periodically (at least semiannually) conduct an on-site review of the underwriting and claims processing operations of the MGA.
(d) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the MGA.
(e) Within 30 days of entering into or termination of a contract with an MGA, the insurer shall provide written notification of such appointment or termination to the Commissioner. Notices of appointment of an MGA shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the Commissioner may request.
(f) An insurer shall review its books and records each quarter to determine if any producer, as defined by § 1802(3) of this title, has become, by operation of § 1802(3) of this title, an MGA as defined in that section. If the insurer determines that a producer has become an MGA pursuant to the above, the insurer shall promptly notify the producer and the Commissioner of such determination and the insurer and producer must fully comply with this chapter within 30 days.
(g) An insurer shall not appoint to its board of directors an officer, director, employee, subproducer or controlling shareholder of its MGAs. This subsection shall not apply to relationships governed by the Insurance Holding Company Act or, if applicable, the Broker Controlled Insurer Act.
68 Del. Laws, c. 68, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 18. MANAGING GENERAL AGENTS ACT › § 1806. Examination authority.

§ 1806. Examination authority.
The acts of the MGA are considered to be the acts of the insurer on whose behalf it is acting. An MGA may be examined as if it were the insurer. An MGA shall retain all records pertaining to a specific insurer until the conclusion of the regular financial examination on that insurer by the domestic regulator.
68 Del. Laws, c. 68, §  1;  69 Del. Laws, c. 92, §  6;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 18. MANAGING GENERAL AGENTS ACT › § 1807. Penalties and liabilities.

§ 1807. Penalties and liabilities.
(a) If the Commissioner finds after a hearing conducted in accordance with the Administrative Procedures Act [Chapter 100 of Title 29] that any person has violated any provision or provisions of this chapter, the Commissioner may order:
(1) For each separate violation, a penalty in an amount of $15,000;
(2) Revocation or suspension of the producer's license; and
(3) The MGA to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this chapter committed by the MGA.
(b) The decision, determination or order of the Commissioner pursuant to subsection (a) of this section shall be subject to judicial review pursuant to the Administrative Procedures Act [Chapter 100 of Title 29].
(c) Nothing contained in this section shall affect the right of the Commissioner to impose any other penalties provided for in the Insurance Law.
(d) Nothing contained in this chapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants and auditors.
68 Del. Laws, c. 68, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 18. MANAGING GENERAL AGENTS ACT › § 1809. Effective date.

§ 1809. Effective date.
This chapter shall take effect on September 30, 1991. No insurer may continue to utilize the services of an MGA on and after September 30, 1991, unless such utilization is in compliance with this chapter.
68 Del. Laws, c. 68, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 19. DELAWARE NONADMITTED INSURANCE ACT › Subchapter I. Compliance with Federal Statutes › § 1901. Finding and purpose.

§ 1901. Finding and purpose.
(a) It is determined and declared as a matter of legislative finding that it is in the public interest to cooperate on a reciprocal basis with other states in considering procedures which implement the provisions of the Nonadmitted and Reinsurance Reform Act of 2010 [15 U.S.C. § 8201 et seq.].
(b) It is further determined and declared that the purpose and policy of this chapter shall be to:
(1) Carry out the requirements of the Nonadmitted and Reinsurance Reform Act of 2010 [15 U.S.C. § 8201 et seq.] as such act existed on January 1, 2011;
(2) Provide authority for the Insurance Commissioner to enter into an interstate cooperative agreement, reciprocal agreement, or compact if doing so is in the best interests of this State; and
(3) Regulate the placement of insurance coverage with nonadmitted insurers when this State is the home state of the insured.
78 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 19. DELAWARE NONADMITTED INSURANCE ACT › Subchapter I. Compliance with Federal Statutes › § 1902. Home state regulation of nonadmitted insurance.

§ 1902. Home state regulation of nonadmitted insurance.
(a) The placement of nonadmitted insurance business shall be subject to the statutory and regulatory requirements solely of the insured's home state as defined in this chapter.
(b) This section may not be construed to preempt any law, rule, or regulation that restricts the placement of workers' compensation insurance or excess insurance for self-funded workers' compensation plans with a nonadmitted insurer.
78 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 19. DELAWARE NONADMITTED INSURANCE ACT › Subchapter I. Compliance with Federal Statutes › § 1903. Interstate insurance regulatory cooperation.

§ 1903. Interstate insurance regulatory cooperation.
(a) The Commissioner is authorized to enter into an interstate cooperative agreement, reciprocal agreement, or compact, hereafter “Agreement,” for the purpose of carrying out the Nonadmitted and Reinsurance Reform Act of 2010 [15 U.S.C. § 8201 et seq.] (NRRA) and to facilitate the collection, allocation, and disbursement of premium taxes attributable to the placement of nonadmitted insurance, to provide for uniform methods of allocation and reporting among nonadmitted insurance risk classifications, and share information among states relating to nonadmitted insurance premium taxes.
(b) The Commissioner may also enter into other cooperative agreements with surplus lines stamping offices located in this state or other states for the reporting and capturing of related tax information. In addition, the Commissioner may enter into cooperative agreements with processing entities located in this State or other states related to the capturing and processing of insurance premium and tax data.
(c) The Commissioner may participate in a clearinghouse operation established for the purpose of collecting and disbursing to reciprocal states any premium tax funds collected applicable to properties, risks, or exposures located or to be performed outside of this State. The Commissioner may also participate in such clearinghouse for purposes of surplus lines policies applicable to risks located solely within this State.
(d) In order to assist in the performance of the Commissioner's duties, under the NRRA, the Commissioner may contract with nongovernmental entities, including the NAIC or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions that the Commissioner and the nongovernmental entity may deem to be appropriate, including:
(1) The collection of fees related to producer licensing; and
(2) The collection of the premium tax under § 1925 of this title.
The NAIC or other entity with whom the Commissioner contracts may charge a reasonable fee to the insurer, insured, or other appropriate person for the functions performed.
(e) An Agreement entered into under this section prevails over an inconsistent rule of the Commissioner. Except as otherwise provided by this section, a statute of this State prevails over an inconsistent provision of an Agreement entered into under this section.
(f) The Commissioner may adopt rules as necessary to implement this chapter or the terms of an Agreement entered into under this section. In adopting rules under this chapter, the Commissioner may not adopt a rule that does not specifically implement this chapter or the Agreement.
78 Del. Laws, c. 176, §  1;