reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4217. Immunity.

§ 4217. Immunity.
There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the Association or its agents or employees, the Board of Directors or the Commissioner or the Commissioner's representatives for any action or any failure to act taken by them in the performance of their powers and duties under this chapter. Neither shall the Association, its officers, agents and employees be subject to any claim for damages for bad faith.
18 Del. C. 1953, §  4217;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  11;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4218. Stay of proceedings; reopening of default judgments.

§ 4218. Stay of proceedings; reopening of default judgments.
(a) All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this State shall be stayed for 120 days from the date the insolvency is determined, and for such time thereafter as may be determined by the court, to permit a proper defense by the Association of all pending causes of actions. As to any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the Association, either on its own behalf or on behalf of such insured, may apply to have such judgment, order, decision, verdict or finding set aside by the same court or administrator that made such judgment, order, decision, verdict or finding and shall be permitted to defend against such claim on the merits.
(b) The liquidator, receiver, or statutory successor of an insolvent insurer covered by this title shall permit access by the board or its authorized representative to such of the insolvent insurer's records which are necessary for the board in carrying out its functions under this chapter with regard to covered claims. The liquidator, receiver, or statutory successor shall provide the board of directors or its representative with copies of such records upon request by the board and at the expense of the board.
18 Del. C. 1953, §  4218;  57 Del. Laws, c. 437;  68 Del. Laws, c. 112, §  12;  81 Del. Laws, c. 337, § 6;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4219. Recoupment of assessment.

§ 4219. Recoupment of assessment.
(a) Unless a longer period has been allowed by the Commissioner, a member insurer shall at its option have the right to show a certificate of contribution as an asset in the form approved by the Commissioner at percentages of the original face amount approved by the Commissioner, for calendar years as follows:
(1) One hundred percent for the calendar year of issuance;
(2) Eighty percent for the first calendar year after the year of issuance;
(3) Sixty percent for the second calendar year after the year of issuance;
(4) Forty percent for the third calendar year after the year of issuance;
(5) Twenty percent for the fourth calendar year after the year of issuance.
(b) The insurer may offset the amount written off by it in a calendar year under subsection (a) of this section above, against its premium tax liability to this State accrued with respect to business transacted in such year.
(c) Any sums acquired by refund from the Association which have theretofore been written off by contributing insurers and offset against premium taxes as provided above, and are not then needed for purposes of this chapter, shall be paid by the Association to the Commissioner and deposited by the Commissioner with the State Treasury for credit to the General Fund of this State.
(d) To the extent amounts have been written off under subsection (c) of this section above, § 4216 of this title shall not apply.
63 Del. Laws, c. 395, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4221. Access to assets of insolvent insurer; application for court approval of plan to disburse assets.

§ 4221. Access to assets of insolvent insurer; application for court approval of plan to disburse assets.
Repealed by 68 Del. Laws, c. 112, § 13, effective July 5, 1991.
2023 Delaware Code › Title 18 - Insurance Code › Chapter 42. DELAWARE INSURANCE GUARANTY ASSOCIATION ACT › § 4223. Applicability.

§ 4223. Applicability.
Unless otherwise provided by this chapter, 68 Del. Laws, c. 112 shall apply retroactively and/or retrospectively to all incomplete matters having arisen or arising under the Delaware Insurance Guaranty Association Act (this chapter).
68 Del. Laws, c. 112, §  14;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter I. General › § 4301. Subject to general laws.

§ 4301. Subject to general laws.
Contracts of surety insurance issued by surety insurers shall be subject to the applicable general provisions of Chapter 27 (The Insurance Contract) of this title and to applicable general laws of suretyship.
18 Del. C. 1953, §  4301;  56 Del. Laws, c. 380, §  1;  76 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4331. Purpose.

§ 4331. Purpose.
This subchapter governs the qualifications and procedures for the licensing of bail agents. This subchapter shall establish the qualifications for granting licenses to bail agents, establish the procedures to be followed in determining the initial and continuing qualifications for such persons, and provide standards for such persons' authorities, duties, responsibilities and prohibitions in a manner that will provide guidance to such personnel and control over such personnel by the Commissioner for the benefit and protection of the citizens of the State.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4333A. Additional application requirements for surety bail agents.

§ 4333A. Additional application requirements for surety bail agents.
(a) In addition to the requirements of § 4333 of this title, every applicant for a surety bail agent license shall file with the Commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing such applicant to execute undertakings of bail and to solicit and negotiate such undertakings on its behalf.
(b) An appointment of a person as a surety bail agent by a surety insurer pursuant to this subsection shall constitute certification by such insurer that, to the best of the insurer's knowledge and belief, such person is competent, financially responsible and suitable to serve as a representative of the insurer. No person shall represent to the public that such person has the authority to represent an insurer as its surety bail agent until such person has been appointed by an insurer as such agent in accordance with this section. An insurer shall be bound by the acts of such person within the scope of such person's actual authority as such insurer's agent.
(c) Each appointment shall, by its terms, continue in force until:
(1) Termination of the surety bail bond agent's license; or
(2) The filing of a notice of termination with the Commissioner by the surety insurer or its representative or by such surety bail agent.
(d) Each insurer shall annually conduct an audit, for the period from January 1 through December 31 of each of its appointed surety bail agents to ensure such agents are charging the premium rate as required by § 4347 of this title. Not later than 45 days after the closing of the year (period of each audit), each insurer shall notify the Commissioner of the failure of any surety bail bond agent to charge the premium rate approved by the Commissioner pursuant to Chapter 25 of this title. Such notice shall include the name of the surety bail bond agent, the case docket number if assigned, the total amount of the bail bond, the date the bail bond was executed, the amount of the premium charged and reported to the surety insurer, the state, county and court in which the bond was executed, the 5-digit identification code assigned to the insurer by the National Association of Insurance Commissioners and the date the premium was due.
79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4333B. Additional application requirements for property bail agents.

§ 4333B. Additional application requirements for property bail agents.
(a) In addition to the requirements of § 4333 of this title, every applicant for a property bail agent license shall file with the Commissioner a statement under oath of the assets and liabilities of the applicant.
(b) A property bail agent and bail agent business entity shall have a continuing duty to all of the following:
(1) To advise the Commissioner in writing under oath of any material change in such property bail agent's or bail agent business entity's assets or liabilities affecting such property bail agent's or bail agent business entity's responsibility as a property bail agent or bail agent business entity.
(2) At any time, upon request of the Commissioner, to furnish the Commissioner with a statement under oath of such property bail agent's or bail agent business entity's assets and liabilities, including all bail bonds on which such property bail agent or bail agent business entity is obligated. The Commissioner may request, and the property bail agent or bail agent or business entity shall provide, financial statements and balance sheets, in the form requested by the Commissioner, bank statements and any other information requested by the Commissioner to allow the Commissioner to review the business operations of the bail agent or bail agent business entity.
(c) The applicant shall file with his or her application for licensure all rates and other charges proposed for use in writing bail bonds. Such rating plan must be approved by the Commissioner prior to issuance of the license. No rate or other charge may be imposed in connection with the property bail agent's business, unless it has been approved in advance by the Commissioner.
79 Del. Laws, c. 177, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 183, § 3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4334. Application for license as a bail agent business entity.

§ 4334. Application for license as a bail agent business entity.
(a) A bail agent business entity is required to obtain a bail agent business entity insurance license. All surety bail bond contract transactions under the bail agent business entity license must be completed by a licensed bail agent of this State. Nonlicensed individuals may perform tasks that are strictly clerical in nature such as assisting customers to complete applications and taking payments and providing receipts or other documentation to principal, indemnitors, customers, or other persons, but only under the supervision of a licensed agent who shall be responsible for any noncompliance with this subchapter by the nonlicensed individual.
(b) Application for a bail agent business entity license shall be made using the Uniform Business Entity Application or on forms prescribed by the Commissioner for license types and lines of authority not available on the Uniform Business Entity Application.
(c) Before approving the application, the Commissioner shall make a finding as to both of the following:
(1) That the bail agent business entity has paid the fees set forth in Chapter 7 of this title.
(2) That the bail agent business entity has designated a licensed bail agent or producer licensed under this chapter responsible for the bail agent business entity's compliance with the insurance laws, rules and regulations of this State.
(d) If the license of a bail agent business entity's designated bail agent is no longer active, whether due to expiration, suspension, revocation, or otherwise, the license of such bail agent business entity shall be immediately suspended until such time as a licensed bail agent in good standing is designated as such bail agent business entity's designated agent. In addition, a bail agent business entity's designated bail agent shall be subject to the same penalties as the bail agent business entity for the bail agent business entity's failure to comply with the laws, rules, and regulations of this State.
(e) The Commissioner may require any documents reasonably necessary to verify the information contained in an application.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4335. License renewal.

§ 4335. License renewal.
(a) A person who is licensed as a bail agent shall renew the license in accordance with the same requirements established for insurance producers under Chapters 7 and 17 of this title. As a condition of renewal, the licensee also shall certify that he or she is in compliance with all requirements set forth in this subchapter for the issuance of an initial license.
(b) In addition, such person shall be required to show that since the last renewal or initial application in this State, neither the person nor any business in which the person is or was an owner, partner, officer or director, or member or manager of a limited liability company, has been suspended or prohibited in this State or any other jurisdiction from acting as a bail agent by any court, or otherwise been involved in an administrative proceeding regarding any professional or occupational license, or registration at the time of renewal.
76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4336. Bonds.

§ 4336. Bonds.
(a) At the time of the application for license as a bail agent, the applicant shall file with the Department a bond executed and issued by a surety insurer authorized to transact business in the State in the minimum amount of $50,000, which bond shall secure the faithful performance of the applicant's duties as a bail agent. A bail agent license shall be automatically suspended if the bond is not in force or is otherwise impaired or unavailable to the Department. Current licensees who either do not currently have a bond filed with the Department or were required to provide a bond in an amount less than $50,000 at the time of their license applications under prior law shall file with the Department a new bond in the minimum amount of $50,000 within 1 year of the effective date of the increased bond requirement.
(b) The bond shall have the following characteristics:
(1) The bond must be conditioned upon a full accounting and payment to the person entitled thereto of money, property or other matters coming into the licensee's possession through bail bond transactions under the license.
(2) The bond shall be in favor of the State and shall specifically authorize recovery by the Commissioner of the damages sustained if the licensee violates any of the terms of the license or the applicable laws and regulations of this State.
(3) The aggregate liability of the surety for all damages shall not exceed the amount of the bond.
(4) The bond must remain in force until released by the Commissioner, or cancelled by the surety. The surety may cancel the bond upon 30-days' written notice to the licensee and the Commissioner provided that the surety shall remain liable for any obligation arising under the bond prior to the effective date of cancellation or termination.
(c) [Repealed.]
76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 6;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4337. Examination for license as bail agent.

§ 4337. Examination for license as bail agent.
(a) Any natural person who intends to apply for a license as a bail agent, must personally take and pass a written examination of that person's competence to act as such. After passing the examination, the person may apply to the Commissioner for a bail agent license.
(b) The scope of the examination shall encompass all aspects of the bail bond business as shall be determined by the Department.
(c) The Department may make arrangements for administration and grading by an independent testing service.
(d) Any individual who fails to appear for the examination as scheduled or fails to pass the examination may reapply for a reexamination and remit all required fees and forms before being permitted to take the reexamination.
(e) All examination score reports are valid for a period of 12 months from the date of examination.
(f) A bail agent, whose license lapses and whose license is not suspended or revoked is exempt from retaking the examination required by this section if the bail agent applies for and is reinstated within 12 months after the date of lapse. All fees and fines associated with the lapsed and reinstated license must be paid in full prior to the Department's approval of the request for reinstatement.
76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4339. Waiver of license fee.

§ 4339. Waiver of license fee.
A licensed bail agent who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance approved by the Commissioner may request a waiver of license fees and/or the extension of time to reinstate a license under such procedures as may be established by the Department. The bail agent may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with renewal procedures as a result of such military service or approved extenuating circumstance.
76 Del. Laws, c. 394, §  2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4340. Contractual services.

§ 4340. Contractual services.
(a) In order to assist in the performance of the Department's duties, the Commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners (NAIC) or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees, related to bail agent licensing that the Commissioner and the nongovernmental entity may deem appropriate.
(b) The Commissioner may participate, in whole or in part, with the NAIC, or any affiliates or subsidiaries the NAIC oversees, in a centralized producer license registry where bail agent licenses and appointments may be centrally or simultaneously affected for all states that require a bail agent license and participate in such centralized producer license registry. If the Commissioner finds that participation in such a centralized producer license registry is in the public interest, the Commissioner may adopt by rule any uniform standards and procedures as necessary to participate in the registry including the central collection of all fees for licenses or appointments that are processed through the registry.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4342. Transfer bonds.

§ 4342. Transfer bonds.
A bail agent who is licensed by another state, but is not licensed as a bail agent in Delaware, may post a bail bond in Delaware only through a transfer bond posted by a bail agent licensed by the Department. Every Delaware bail agent who executes or countersigns a transfer bond shall indicate in writing on the bond the name and address of the referring bail bond agent, the transfer fee charged, the total premium charged, the total amount collected and the remaining balance owed. The Delaware licensed agent shall be responsible to assure compliance with all provisions of this subchapter with respect to the bond including but not limited to, the charging and collection of the appropriate premiums filed with and approved by the Department.
79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4343. Termination of appointment.

§ 4343. Termination of appointment.
(a) A surety may terminate an appointment of a surety bail agent at any time. The surety shall promptly give written notice of termination and the effective date thereof to the Department, on forms approved by the Department and to the surety bail agent if reasonably possible. The Department may require the surety to provide reasonable proof that the surety has also given such a notice to the surety bail agent unless there are valid reasons why such notice can or should not be given by the surety.
(b) Accompanying each notice of termination given to the Department, the surety shall file a statement of the cause, if any, for the termination. Any information or documents so disclosed to the Department shall be deemed a confidential document, disclosure of which shall be governed by the provisions of § 1716(f) of this title.
(c) No agreement between a surety and a surety bail agent or between an employing bail agent and a licensed bail agent shall affect the Department's termination of the appointment or license if the termination is requested by the insurer or the employing bail agent.
(d) The Department shall notify the courts upon the termination, suspension or revocation of a bail license.
(e) A bail agent's license that is otherwise in good standing with the Department shall be immediately suspended and be subject to revocation by the Department upon notice from a court that the bail agent has been struck from the list of approved bail agents by the court or courts.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4344. Bail agents and designated bail agents: special requirements.

§ 4344. Bail agents and designated bail agents:
special requirements.
(a) A bail agent may be concurrently employed or licensed by 1 surety bail bond agent, and either 1 property bail agent or 1 bail agent business entity. A bail agent shall not concurrently be employed or licensed by more than 1 surety bail agent, or more than 1 property bail agents or bail agent business entity.
(b) The designated bail agent is responsible for the acts or omissions of the bail agents employed or operating under the designated bail agent's authority only insofar as the bail agent is acting within the scope of that bail agent's employment or authority.
(c) The bail agent shall maintain that bail agent's office with that of the designated bail agent by whom he or she is employed.
(d) The bail agent's license must remain in the custody of the designated bail agent by whom he or she is employed. Upon termination of such employment as a bail agent, the designated bail agent shall give written notice of the reasons thereof to the Department.
(e), (f) [Repealed.]
76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 2, §  3;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 9;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4345. Registration with the courts.

§ 4345. Registration with the courts.
No bail agent may operate under a license from the Department unless the bail agent has registered with and been approved by the courts of this State according to such rules and procedures as the courts shall have established. Nothing in this subchapter shall limit the authority of the various courts of the State to regulate the manner in which bail agents conduct business within the courts of the State, including, but not limited to, imposing sanctions for violations of any laws or administrative rules established by the courts notwithstanding the fact that such bail agent may be duly licensed by the Department of Insurance.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4346. Bail agent: place of business; display of licenses and fees charged; retention of records at place of business.

§ 4346. Bail agent:
place of business; display of licenses and fees charged; retention of records at place of business.
(a) Every bail agent shall have and maintain in this State a principal place of business accessible to the public, and identified by a sign clearly visible to the public. The address of this principal place of business must appear upon the application for a license and upon the license, when issued, and the licensee shall notify the Department in writing of any change in that address within 30 days of such change. This subsection does not prohibit a licensee from conducting business from a residence in this State, provided that it meets all other requirements applicable to offices of bail agents.
(b) The licenses of the designated bail agent, and of those bail agents employed or authorized by the designated bail agent, and the fees charged for services rendered, must be conspicuously displayed in the principal place of business in a place or area customarily open to the public.
(c) The designated bail agent and those bail agents employed or authorized to operate under the designated bail agent's auspices shall maintain all of their business records at the principal place of business identified in the license issued by the Department.
(d) [Repealed.]
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4349. Notice to law enforcement; bail enforcement agents.

§ 4349. Notice to law enforcement; bail enforcement agents.
(a) After a warrant or capias has been issued for a defendant's failure to appear, a bail agent having knowledge of the whereabouts of the defendant shall immediately notify the law-enforcement agency closest to the defendant's location of:
(1) The identity of the defendant;
(2) The identity of the bail agent;
(3) The location of the defendant where law-enforcement officers might be able to obtain custody of the defendant; and
(4) Whether the bail agent has retained a bail enforcement agent and/or notified a bail enforcement agent of the defendant's location.
(b) A bail agent may employ the services of a bail enforcement agent or similar person under such terms as may be permissible by law, regulation and/or court rule, the costs of which may be assessed to the indemnitor.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4350. Prohibited acts; persons who may not be bail agents.

§ 4350. Prohibited acts; persons who may not be bail agents.
(a) A bail agent shall not:
(1) Suggest or advise the employment of or name for employment any particular attorney to represent the defendant.
(2) Solicit business in or about any place where prisoners are confined or in or about any court.
(3) Pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission or reduction of the amount of any undertaking or bail bond.
(4) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered.
(5) Pay a fee or rebate or give or promise anything of value to the defendant or anyone in the defendant's behalf.
(6) Participate in the capacity of an attorney at a trial or hearing of a person on whose bond that bail agent is surety, except for the purposes of surrendering the defendant, making motions to set aside orders of bail forfeitures and motions to exonerate bails and protecting that bail agent's financial interest in such a bond.
(b) The following persons may not be bail agents, and shall not, directly or indirectly, receive any benefits from the execution of any bail bond:
(1) Jailers;
(2) Police officers;
(3) Any person acting in a judicial capacity, including but not limited to justices, judges, alderman, commissioners, clerks, etc.;
(4) Sheriffs, deputy sheriffs and constables;
(5) Attorneys or persons employed in an attorney's office;
(6) Any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners; and
(7) Prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons.
(c) A bail agent shall not sign or countersign in blank any bond, or give the power of attorney to, or otherwise authorize, anyone to countersign that bail agent's name to bonds unless the person so authorized is a licensed bail agent directly employed by the agent giving the power of attorney.
(d) A bail agent, shall not advertise or hold himself or herself out to be a surety insurance company.
(e) No bail or bail agent business entity may conduct any business or advertise in this State under any firm or trade name that:
(1) Is false, misleading or deceptive;
(2) Implies any connection with any government agency; or
(3) Is not registered, licensed, and approved by the Department.
Any advertisement shall prominently display the registered name and license number of the bail agent, bail agent business entity. No advertisement may use terms such as “discounted” rates. No bail agent may use more than 2 trade names.
(f) No person shall advertise or represent that it does bail bond business in this State unless the person is licensed under § 4334 of this title.
76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 10;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4351. Justification of suretyship.

§ 4351. Justification of suretyship.
A surety bail agent shall justify that bail agent's suretyship by attaching a copy of the power of attorney issued to that surety bail agent by the surety insurer to each bond.
76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4352. Reporting of actions; responding to Department inquiries.

§ 4352. Reporting of actions; responding to Department inquiries.
(a) A bail agent, and the bail agent's managing general agent or surety insurer, shall report to the Department in writing:
(1) Any administrative action taken against the bail agent 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.
(2) Any bankruptcy proceeding, action, or order in this State or another jurisdiction concerning such bail agent or bail agent business entity not later than 30 days after initiation of such proceeding, action, or order. The written notice required under this subsection shall be accompanied by all supporting documentation.
(b) A bail agent and the bail agent's managing general agent or surety insurer shall report to the Commissioner in writing not later than 30 days after receiving notice of or learning that a bail agent has been charged with, arrested for, pleaded guilty or nolo contendere to, or been found guilty of, a felony or a crime which includes an element of dishonesty or fraud or involves moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
(c) All persons licensed under this subchapter shall provide preliminary substantive responses to inquiries from the Department regarding violations of this title or any lawful order, rule, or regulation of the Commissioner, within 21 days of such inquiry. All responses required under this subsection shall be in writing and shall be accompanied by all supporting documentation. Failure to timely respond to Department inquiries shall result in a penalty pursuant to § 4354(d) of this title.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 11;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4354. Enforcement.

§ 4354. Enforcement.
(a) No person shall act in the capacity of a bail agent, advertise or solicit bail bond business, perform any of the functions or duties of a bail agent, collect premiums, charge fees or otherwise exercise or attempt to exercise powers prescribed for bail agents, unless such person is qualified, licensed and appointed as provided in this subchapter. Any person found guilty of violating this section is guilty of a class F felony.
(b) The Commissioner shall upon receipt of an information or indictment, immediately temporarily suspend any license or appointment issued under this subchapter when the licensee has been charged with a felony or a crime which includes an element of dishonesty or fraud or involves moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state, territory, or country. Such suspension shall continue if the licensee has been found guilty of, or has pleaded guilty or no contest to, the crime, whether or not a judgment or conviction has been entered, during a pending appeal. A person may not effect any additional bail bonds after suspension of his or her license or appointment. However, he or she may discharge any liability on bonds effected prior to such suspension.
(c) The Commissioner shall permanently revoke the license of any bail agent who has pleaded guilty or nolo contendere to, or been found guilty of, a felony or a crime which includes an element of dishonesty or fraud or involves moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state.
(d) The Commissioner may suspend, revoke, or refuse to renew any license or appointment issued under this subchapter, and it may suspend or revoke the eligibility of any person to hold a license or appointment under this subchapter, for any violation of the laws of this State relating to bail or any violation of the insurance code or if the person at any time fails to meet all the criteria for issuance or renewal of a license as enumerated in this subchapter. A person whose license has been revoked or suspended on 2 occasions shall not again be licensed under this title. In addition to or in lieu of any applicable denial, suspension, revocation, or refusal to renew any license, a person may, after hearing, be subject to a fine of not less than $200 and not more than $20,000 for each such violation. The Commissioner's order shall specify the date upon which such fine shall be paid and shall revoke the license of any licensee failing to comply with such order. The date on which payment is due may not be less than 30 days following the date of the Commissioner's order unless otherwise specified in the order. The Commissioner may institute a civil action to recover fines so levied and must pay over all fines paid and recovered to the State Treasurer.
79 Del. Laws, c. 177, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 183, § 12;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4355. Enforcement after license lapses or is surrendered.

§ 4355. 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 subchapter 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.
76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 43. SURETY INSURANCE CONTRACTS › Subchapter II. Bail Bond Agents › § 4356. Conservation of bail agent business.

§ 4356. Conservation of bail agent business.
(a) If the Commissioner finds that the business of any licensed bail agent 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 bail agent business is located a petition for the appointment of the Commissioner as conservator or receiver of such bail agent'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 bail agent's business.
(e) The Commissioner shall, as conservator or receiver, be authorized and empowered to conduct and administer the affairs of the bail agent 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 or doing business with the bail agent, and to insurers who have previously been doing business through such bail agent. Subject to the Court's order, the Commissioner shall have the power to collect funds owed to the bail agent on account of insurance or other bail 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 bail agent and no charges for services so rendered shall be made against the funds or assets of the bail agent 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.
79 Del. Laws, c. 177, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 44. DELAWARE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT › § 4402. Purpose.

§ 4402. Purpose.
The purpose of this chapter is to protect, subject to certain limitations, the persons specified in § 4403(a) of this title against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in § 4403(b) of this title, because of the impairment or insolvency of the member insurer that issued the policies, plans, or contracts. To provide this protection, an association of member insurers is created to pay benefits and to continue coverage as limited in this chapter, and members of the Association are subject to assessment to provide funds to carry out the purpose of this chapter.
63 Del. Laws, c. 442, §  1;  68 Del. Laws, c. 55, §  1;  82 Del. Laws, c. 113, § 1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 44. DELAWARE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT › § 4406. Delaware Life and Health Insurance Guaranty Association — Created; accounts; supervision.

§ 4406. Delaware Life and Health Insurance Guaranty Association — Created; accounts; supervision.
(a) There is created a nonprofit legal entity to be known as the Delaware Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the Association as a condition of their authority to transact insurance, managed care organization, or health maintenance organization business in this State. The Association shall perform its functions under the plan of operation established and approved under § 4410 of this title, and shall exercise its powers through a Board of Directors established under § 4407 of this title. For purposes of administration and assessment, the Association shall maintain 2 accounts:
(1) The life insurance and annuity account, which includes the following subaccounts:
a. Life insurance account;
b. Annuity account, which shall include annuity contracts owned by a governmental retirement plan (or its trustee) established under § 401, §  403(b) or § 457 of the United States Internal Revenue Code [26 U.S.C. § 401, § 403(b) or § 457], but shall otherwise exclude unallocated annuities; and
c. Unallocated annuity account, which shall exclude contracts owned by a governmental retirement benefit plan (or its trustee) established under § 401, § 403(b) or § 457 of the United States Internal Revenue Code [26 U.S.C. § 401, § 403(b) or § 457].
(2) The health account.
(b) The Association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this State.
63 Del. Laws, c. 442, §  1;  70 Del. Laws, c. 547, §  2;  73 Del. Laws, c. 327, §  3;  82 Del. Laws, c. 113, § 4;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 44. DELAWARE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT › § 4407. Delaware Life and Health Insurance Guaranty Association — Board of Directors.

§ 4407. Delaware Life and Health Insurance Guaranty Association — Board of Directors.
(a) The Board of Directors of the Association shall consist of not less than 5 nor more than 9 member insurers serving terms as established in the plan of operation. The members of the Board shall be selected by member insurers subject to the approval of the Commissioner. Vacancies on the Board shall be filled for the remaining period of the term by a majority vote of the remaining Board members, subject to the approval of the Commissioner. To select the initial Board of Directors, and initially organize the Association, the Commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to 1 vote in person or by proxy. If the Board of Directors is not selected within 60 days after notice of the organizational meeting, the Commissioner may appoint the initial members.
(b) In approving selections or in appointing members to the Board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented.
(c) Members of the Board may be reimbursed from the assets of the Association for expenses incurred by them as members of the Board of Directors but members of the Board shall not otherwise be compensated by the Association for their services.
63 Del. Laws, c. 442, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 44. DELAWARE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT › § 4410. Plan of operation.

§ 4410. Plan of operation.
(a) (1) The Association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the Association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner.
(2) If the Association fails to submit a suitable plan of operation within 180 days following July 23, 1982, or if at any time thereafter the Association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate this chapter. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the Association and approved by the Commissioner.
(b) All member insurers shall comply with the plan of operation.
(c) The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:
(1) Establish procedures for handling the assets of the Association;
(2) Establish the amount and method of reimbursing members of the Board of Directors under § 4407 of this title;
(3) Establish regular places and times for meetings of the Board of Directors;
(4) Establish procedures for records to be kept of all financial transactions of the Association, its agents and the Board of Directors;
(5) Establish the procedures whereby selections for the Board of Directors will be made and submitted to the Commissioner;
(6) Establish any additional procedures for assessments under § 4409 of this title;
(7) Contain additional provisions necessary or proper for the execution of the powers and duties of the Association;
(8) Establish procedures whereby a Director may be removed for cause, including the case where a member insurer Director becomes an impaired or insolvent insurer; and
(9) Require the Board of Directors to establish policy and procedures for addressing conflicts of interest.
(d) The plan of operation may provide that any or all powers and duties of the Association, except those under §§ 4408(l)(3) and 4409 of this title, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this Association, or its equivalent, in 2 or more states. Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the Association and shall be paid for its performance of any function of the Association. A delegation under this subsection shall take effect only with the approval of both the Board of Directors and the Commissioner, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this chapter.
63 Del. Laws, c. 442, §  1;  77 Del. Laws, c. 215, §  11;