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2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2524. Examinations.

§ 2524. Examinations.
(a) The Commissioner shall, at least once in 5 years, make or cause to be made an examination of each rating organization licensed in this State, as provided in § 2511 of this title, and he or she may, as often as he or she may deem it expedient, make or cause to be made an examination of each advisory organization referred to in § 2522 of this title and of each group, association or other organization referred to in § 2523 of this title. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization or group, association or other organization examined upon presentation to it of a detailed account of such costs. The officers, manager, agent and employees of such rating organization, advisory organization or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents or agreements governing its method of operation.
(b) In lieu of any such examination the Commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state.
(c) The provisions of § 325 of this title (examination report) apply as to such examinations.
18 Del. C. 1953, §  2524;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2525. Recording and reporting of loss and expense experience.

§ 2525. Recording and reporting of loss and expense experience.
(a) The Commissioner shall promulgate reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him or her, which may be modified from time to time and which shall be used hereafter by each insurer in the recording and reporting of its loss and countrywide expense experience in order that the experience of all insurers may be made available at least annually in such form and detail as may be necessary to aid him or her in determining whether rating systems comply with the standards set forth in § 2503 of this title. Such rules and plans may also provide for the recording and reporting of expense experience items which are specially applicable to this State and are not susceptible of determination by a prorating of countrywide expense experience.
(b) In promulgating such rules and plans the Commissioner shall give due consideration to the rating systems on file with him or her and, in order that such rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for such rating systems in other states. No insurer shall be required to record or report its loss experience on a classification basis that is inconsistent with the rating system filed by it.
(c) The Commissioner may designate 1 or more rating organizations or other agencies to assist him or her in gathering such experience and making compilations thereof, and such compilations shall be made available, subject to reasonable rules promulgated by the Commissioner, to insurers and rating organizations.
(d) Each insurer shall report its loss or expense experience to the lawful rating organization or agency of which it is a member or subscriber but shall not be required to report its loss or expense experience to any rating organization or agency of which it is not a member or subscriber. Any insurer not reporting such experience to a rating organization or other agency may be required to report such experience to the Commissioner. Any report of such experience of any insurer filed with the Commissioner shall be deemed confidential and shall not be revealed by the Commissioner to any other insurer or other person, but the Commissioner may make compilations including such experience.
(e) This section does not apply to property or casualty insurers to the extent it conflicts with any of the provisions of § 526A of this title [repealed].
18 Del. C. 1953, §  2525;  56 Del. Laws, c. 380, §  1;  65 Del. Laws, c. 270, §  2;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 184, § 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2526. Interchange of rating plan data; consultation; cooperative action in rate making.

§ 2526. Interchange of rating plan data; consultation; cooperative action in rate making.
(a) Reasonable rules and plans may be promulgated by the Commissioner for the interchange of data necessary for the application of rating plans.
(b) In order to further uniform administration of rate regulatory laws, the Commissioner and every insurer and rating organization may exchange information and experience data with insurance supervisory officials, insurers and rating organizations in other states and may consult with them with respect to rate making and the application of rating systems.
(c) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is authorized, but the filings resulting from such cooperation are subject to all provisions of this chapter which are applicable to filings generally. The Commissioner may review such cooperative activities and practices and, if after a hearing he or she finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he or she may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of such activity or practice.
18 Del. C. 1953, §  2526;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2527. Assigned risk plans.

§ 2527. Assigned risk plans.
The Commissioner shall promulgate the necessary regulations to effect:
(1) An equitable apportionment among all the insurers writing automobile insurance in this State of insurance which shall be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods;
(2) Reasonable rates for such insurance; and
(3) Such other rules as are necessary to effect and maintain an assigned risk plan.
18 Del. C. 1953, §  2527;  56 Del. Laws, c. 380, §  1;  59 Del. Laws, c. 195, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2528. False or misleading information.

§ 2528. False or misleading information.
(a) No person shall wilfully withhold information from or knowingly give false or misleading information to:
(1) The Commissioner;
(2) Any statistical agency designated by the Commissioner;
(3) Any rating organization or insurer which affects rates or premiums chargeable under this chapter.
(b) Violation of this section shall be subject to the penalties provided in § 106 of this title or in lieu thereof, in the Commissioner's discretion, an administrative fine of not over $2,000.
18 Del. C. 1953, §  2528;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 278, §  6;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2529. Fleet rates.

§ 2529. Fleet rates.
Two or more insurers who, by virtue of their business associations in the United States, represent themselves to be or are customarily known as a “group” or similar insurance trade designation may make the same filings or use the same rates for each such insurer subject to the provisions of § 2503 of this title, and nothing contained in this chapter shall be construed to prohibit an agreement to make the same filings or use the same rates and concerted action in connection with such filings or rates by such insurers. This section shall not apply to 2 or more insurers who are not under the same common executive or general management or control and who act in concert in underwriting groups or pools.
18 Del. C. 1953, §  2529;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2530. Penalties.

§ 2530. Penalties.
(a) The Commissioner may, if he or she finds that any person or organization has violated this chapter, impose a penalty of not more than $500 for each such violation, but if he or she finds such violation to be wilful, he or she may impose a penalty of not more than $1,000 for each such violation in addition to any other penalty provided by law.
(b) The Commissioner may suspend the license of any rating organization or insurer which fails to comply with his or her order within the time limited by the order or any extension thereof granted by the Commissioner. The Commissioner shall not so suspend a license for failure to comply with an order until time prescribed for appeal therefrom has expired or, if appealed, until such order has been affirmed. The Commissioner may determine the period of a suspension, and it shall remain in effect for such period unless he or she modifies or rescinds the suspension or until the order upon which the suspension is based is modified, rescinded or reversed.
(c) No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the Commissioner stating his or her findings, made after a hearing held upon not less than 10 days' written notice to such person or organization specifying the alleged violation.
(d) Any party aggrieved by an order or decision of the Commissioner may, within 30 days after Commissioner's notice, make written request for hearing thereon pursuant to § 2507 of this title.
18 Del. C. 1953, §  2530;  56 Del. Laws, c. 380, §  1;  58 Del. Laws, c. 278, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2531. Appeals from Commissioner.

§ 2531. Appeals from Commissioner.
Any order, decision or act of the Commissioner under this chapter is subject to judicial review upon petition of any person aggrieved. The appeal shall be to the Court of Chancery in any county of this State. A petition for review shall be filed within 60 days from notice of the order, decision or act. The commencement of the proceeding shall not affect enforcement or validity of the Commissioner's action unless the Court determines, after notice to the Commissioner, that a stay of enforcement until further direction of the Court will not unduly injure the interests of the public. Section 328(d)-(i) (appeal from the Commissioner) of this title shall apply to such appeals.
18 Del. C. 1953, §  2531;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2532. Certain increases in premiums to peace officers or emergency personnel prohibited.

§ 2532. Certain increases in premiums to peace officers or emergency personnel prohibited.
No insurer shall, in issuing or renewing a private automobile insurance policy to a peace officer, member of the Delaware State Police, ambulance squad member, volunteer or paid, or firefighter, volunteer or paid, with respect to his or her operation of a private motor vehicle, increase the premium on such policy for the reason that the insured or applicant for insurance has been involved in an accident while responding to an emergency during his or her hours of duty in an authorized emergency vehicle as defined under § 4106(e) of Title 21.
64 Del. Laws, c. 80, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2533. Workers' compensation rates.

§ 2533. Workers' compensation rates.
The rates and rating plans submitted under this chapter for workers' compensation shall provide for discounts on workers' compensation premiums for those Delaware employers who meet criteria as established by the Commissioner to promote and maintain safety in the workplace. The Commissioner shall promulgate a regulation which provides an inspection program to establish the eligibility of any employer for a safe workplace discount, the premium volume to qualify and the percent of discount available to employers.
67 Del. Laws, c. 63, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2534. Workers' compensation and employers' liability forms and policies.

§ 2534. Workers' compensation and employers' liability forms and policies.
(a) Every insurer shall file with the Commissioner all forms, endorsements, contracts or policies proposed for use in Delaware in connection with workers' compensation or employers' liability insurance.
(b) As part of rate or form filing, each insurer shall file its classification of risks and all rules governing applications of classification system, including rules or practices relating to payroll audits and collection of premiums. All scheduled rating and deviation schedules shall also be filed with the Commissioner.
(c) Every rating system which provides deviations from normal premium rates shall be uniform in its application to all risks in the class for which the deviation is made. Deviations may remain in effect for a period of more than 1 year unless terminated by the Commissioner.
73 Del. Laws, c. 266, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 25. RATES AND RATING ORGANIZATIONS › § 2535. Adverse actions on policies relating to provision of medical care for termination of pregnancy.

§ 2535. Adverse actions on policies relating to provision of medical care for termination of pregnancy.
No insurer may, in issuing or renewing an insurance policy to a health-care professional or health-care organization, increase the premium on such policy or take other adverse action against any health-care professional or health-care organization who performs or assists in the provision of reproductive health services, as that term is defined in § 1702 of Title 24, that is legal in this State to an individual who is from out of the state. This section applies to a policy that covers any medical professional who prescribes medication for the termination of human pregnancy to an out-of-state patient by means of telehealth.
83 Del. Laws, c. 327, § 5;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2601. Scope of chapter.

§ 2601. Scope of chapter.
This chapter applies to workers' compensation and related employer's liability insurance but shall not apply to reinsurance.
69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 172, §  10;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2603. Competitive market; hearing.

§ 2603. Competitive market; hearing.
(a) A competitive market is presumed to exist unless the Commissioner, after a hearing, issues an order stating that a reasonable degree of competition does not exist in the market. Such order shall expire no later than 1 year after issue.
(b) (1) In determining whether a reasonable degree of competition exists, the Commissioner shall consider the following factors:
a. The number of insurers actively engaged in providing coverage;
b. Market shares and changes in market shares;
c. Ease of entry;
d. Market concentration as measured by the Herfindahl-Hirschman Index;
e. Whether long-term profitability for insurers in the market is unreasonably high in relation to the risks being insured;
f. Whether long-term profitability for insurers in the market is reasonable in relation to industries of comparable business risk; and
g. Generally accepted and relevant tests relating to competitive market structure, market performance and market conduct.
(2) The workers' compensation insurance market shall not be deemed noncompetitive if the market concentration of the 50 largest insurers satisfies the United States Department of Justice merger guidelines for an unconcentrated market.
(c) All determinations by the Commissioner shall be made on the basis of findings of fact and conclusions of law.
69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 172, §  10;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2604. Ratemaking standards.

§ 2604. Ratemaking standards.
(a) Rates shall not be excessive, inadequate or unfairly discriminatory.
(1) Rates in a competitive market are not excessive. Rates in a noncompetitive market are excessive if they are likely to produce a long-run profit that is unreasonably high in relation to services rendered.
(2) A rate shall not be deemed inadequate unless:
a. 1. It is clearly insufficient to sustain projected losses and expenses; and
2. The rate is unreasonably low, and the use of the rate by the insurer has had or, if continued, will tend to create a monopoly in the market; or
b. Funds equal to the full, ultimate cost of anticipated losses and loss adjustment expenses are not produced when prospective loss costs are applied to anticipated payrolls.
(3) Unfair discrimination exists if, after allowing for practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses. A rate is not unfairly discriminatory because different premiums result for policyholders with different loss exposures or expense levels.
(b) In determining whether rates comply with standards under subsection (a) of this section, due consideration shall be given to:
(1) Past and prospective loss experiences within and outside this State, in accordance with accepted actuarial principles;
(2) Catastrophe hazards and contingencies;
(3) Past and prospective expenses, within and outside Delaware;
(4) Loadings for leveling premium rates over time for dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers;
(5) A reasonable margin for underwriting profit; and
(6) All other relevant factors within and outside Delaware.
(c) The systems of expense provisions included in the rates for use by an insurer or group of insurers may differ from those of any other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group of insurers.
(d) The rates may contain provisions for contingencies and an allowance permitting a reasonable profit. In determining the reasonableness of a profit, consideration should be given to all investment income attributable to premiums and the reserves associated with those premiums.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2605. Review by Commissioner.

§ 2605. Review by Commissioner.
The Commissioner may investigate and determine whether or not rates in this State are excessive, inadequate, or unfairly discriminatory. In any such investigation and determination, the Commissioner shall give due consideration to those factors specified in § 2604 of this title.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2606. Rules not to affect dividends.

§ 2606. Rules not to affect dividends.
No advisory organization shall adopt any rule that would prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders is not considered a rating plan or system. It is an unfair trade practice to make the payment of a dividend or any portion thereof conditioned upon renewal of the policy or contract.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2607. Membership in advisory organization.

§ 2607. Membership in advisory organization.
(a) The Commissioner shall designate an advisory organization to assist the Commissioner in gathering, compiling and reporting relevant statistical information. Every workers' compensation insurer shall record and report its workers' compensation experience to the designated advisory organization as set forth in the uniform statistical plan approved by the Commissioner.
(b) Each workers' compensation insurer shall be a member of the workers' compensation advisory organization. Each workers' compensation insurer may adhere to the policy forms filed by the advisory organization.
(c) Every workers' compensation insurer shall adhere to a uniform classification system and uniform experience rating plan that has been filed with the Commissioner by the advisory organization and approved by the Commissioner; provided, however that:
(1) An insurer may develop subclassifications within the uniform classification system for which a rate or rates may be made;
(2) Any subclassification developed under paragraph (c)(1) of this section shall be filed with the advisory organization and the Commissioner 30 days prior to use; and
(3) If the insurer fails to demonstrate that the data produced under a subclassification can be reported in a manner consistent with the advisory organization's uniform statistical plan and classification system, the Commissioner shall disapprove the subclassification.
The advisory organization shall file a rating plan with the Department of Insurance not later than 90 days after the adoption of a health-care payment system provided for by § 2322B of Title 19 and shall also file a rating plan not later than 90 days after the adoption of health-care practice guidelines provided for by § 2322C(7) of Title 19. Thereafter, the advisory organization shall file a rating plan at least annually. Within 60 days of each such rating plan becoming effective pursuant to this chapter, each authorized insurer shall make a rate filing pursuant to § 2609 of this title.
(d) Subject to the approval of the Commissioner, the advisory organization shall develop and file rules reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, uniform experience rating plan and the uniform classification system.
(e) The methodology of the experience rating plan required under subsection (c) of this section shall have as a basis:
(1) Reasonable eligibility standards;
(2) Incentives for loss prevention; and
(3) A premium differential so as to encourage safety.
(f) The uniform experience rating plan shall be the exclusive means of providing prospective premium adjustment based upon measurement of the loss producing characteristics of an individual insured. An insurer may file a rating plan that provides for retrospective premium adjustments based upon an insured's past experience.
69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 172, §  10;  74 Del. Laws, c. 348, §  1;  76 Del. Laws, c. 1, §  2;  79 Del. Laws, c. 312, §  2;  81 Del. Laws, c. 79, § 29;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2608. Interchange of rating plan data; consultation; cooperative action in rate making.

§ 2608. Interchange of rating plan data; consultation; cooperative action in rate making.
(a) Reasonable rules and plans may be promulgated by the Commissioner for the interchange of data necessary for the application of rating plans.
(b) In order to further conform administration of rate regulatory laws, the Commissioner and every insurer and the advisory organization designated by the Commissioner may exchange information and experience data with insurance supervisory officials, insurers and advisory organizations in other states and may consult with them with respect to rate making and the application of rating systems.
(c) Cooperation among advisory organizations or among advisory organizations and insurers in rate making or in other matters within the scope of this chapter is authorized, but the filings resulting from such cooperation are subject to all provisions of this chapter. The Commissioner may review such cooperative activities and practices and, if after a hearing any such activity or practice is found to violate the provisions of this chapter, a written order may be issued specifying that such activity or practice violates the provisions of this chapter and requiring the discontinuance of such activity.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2609. Rate filings.

§ 2609. Rate filings.
(a) Each authorized insurer shall file with the Commissioner all rates, supplementary rate information and any changes and amendments made by it for use in this State as required in § 2610 of this title. An insurer may establish rates and supplementary rate information based upon the factors in § 2604 of this title. An insurer may adopt by reference, with or without deviation, the prospective loss costs filed by the advisory organization or the rates and supplementary rate information filed by another insurer.
(b) An insurer may not make or issue a contract or policy of insurance under this chapter, except in accordance with the filings which are in effect for the insurer as provided in this chapter.
(c) In addition to other prohibitions in this chapter, no advisory organization shall file rates, supplementary rate information or supporting information on behalf of an insurer.
(d) A filing made pursuant to this section should provide for a reduction in premium based upon any savings realized by insurers as a result of workers' compensation cost containment measures implemented pursuant to legislation adopted by the General Assembly.
69 Del. Laws, c. 163, §  1;  76 Del. Laws, c. 1, §  3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2611. Improper rates; hearing.

§ 2611. Improper rates; hearing.
(a) If the Commissioner finds that a rate is not in compliance with § 2604 of this title, or that a rate had been set in violation of § 2616 of this title, the Commissioner shall order that its use be discontinued for any policy issued or renewed after the date of the order and the order may prospectively provide for premium adjustment of any such policy then in force. The order shall be issued within 30 days after the close of a hearing, if one is requested by the insurer, or within a reasonable time as fixed by the Commissioner. The order shall expire 1 year after its effective date unless rescinded earlier by the Commissioner.
(b) If the Commissioner disapproves a rate under subsection (a) of this section, disapproval shall take effect not less than 15 days after its order and the last previous rate in effect for the insurer shall be reimposed for a period of 1 year unless the Commissioner approves a rate under subsection (d) or subsection (e) of this section.
(c) All determinations made by the Commissioner under this section shall be in accordance with accepted actuarial standards on the basis of findings of fact and conclusions of law.
(d) For a period of 1 year after the effective date of a disapproval order under subsection (a) of this section, no rate adopted to replace one disapproved under such order may be used until it has been filed with the Commissioner and approved within 30 days thereafter.
(e) Whenever an insurer has no legally effective rates pursuant to subsection (a) of this section, the Commissioner shall, on the insurer's request, specify interim rates for the insurer that are adequate to protect the interests of all parties. The Commissioner may order that a specified portion of the premiums be placed in a special reserve established by the insurer. When new rates become legally effective, the Commissioner shall order the reserved funds or any overcharge in the interim rates to be distributed appropriately, except that minimal adjustments may not be required.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2612. Restrictions on certain insurers; waiting period.

§ 2612. Restrictions on certain insurers; waiting period.
(a) The Commissioner may require that a particular insurer file any or all of its rates and supplementary rate information 30 days prior to their effective date, if the Commissioner finds after a hearing that the protection of the interests of the insurer's insureds and the public in this State requires closer supervision of its rates.
(b) Upon written application by an insurer, the Commissioner may authorize a filing, which the Commissioner has reviewed, to become effective before the expiration of the period described in subsection (a) of this section.
(c) The filing shall be approved or disapproved during the waiting period and if not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of this section.
(d) Any insurer affected by the Commissioner's actions under this section may request a rehearing by the Commissioner after the expiration of 12 months from the date of the Commissioner's former order.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2613. Delay of rates in noncompetitive market.

§ 2613. Delay of rates in noncompetitive market.
(a) A 30-day waiting period may be implemented or extended under the following circumstances:
(1) After finding that the market is not competitive, under § 2603 of this title, the Commissioner may adopt a rule requiring that any subsequent changes in rates or supplementary information be filed with the Commissioner at least 30 days before they become effective.
(2) The Commissioner may extend the waiting period under this section for a period not exceeding 30 additional days by written notice to the filer before the first 30-day period expires.
(3) Upon written application by an insurer or advisory organization, the Commissioner may authorize a filing, which the Commissioner has reviewed, to become effective before the expiration of the period described in paragraph (a)(1) or (2) of this section.
(4) The filing shall be approved or disapproved during the waiting period and if not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of this section.
(b) If a rule is adopted under subsection (a) of this section, the Commissioner may require the filing of supporting data as to classes of risks or combinations thereof as the Commissioner deems necessary for the proper functioning of the rate monitoring and regulating process. The supporting data shall include:
(1) The experience and judgment of the filer and, to the extent the filer wishes or the Commissioner requires, the experience and judgment of other insurers or the advisory organization;
(2) The filer's interpretation of any statistical data relied upon;
(3) A description of the actuarial and statistical methods employed in setting the rate; and
(4) Any other relevant matters required by the Commissioner.
(c) A rule adopted under this section shall expire not more than 1 year after issue. The Commissioner may renew it after hearings and appropriate findings under this section.
(d) Whenever a filing is not accompanied by the information as the Commissioner has required under subsection (b) of this section, the Commissioner shall so inform the insurer within 10 days of the initial filing. The filing shall be deemed to be made when the required information is furnished.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2614. Challenge and review of application of rating system.

§ 2614. Challenge and review of application of rating system.
(a) Each advisory organization and every insurer subject to this chapter that makes its own rates shall provide within this State reasonable means whereby any person aggrieved by the application of its rating system, including, but not limited to, issues of proper formulation and application of experience modification factors and/or proper classification of employers, may upon that person's written request be heard in person or by the person's authorized representative to review the manner in which such advisory organization's or insurer's rating system, experience rating plan or employer classifications have been applied in connection with the insurance afforded the aggrieved person.
(b) Any party affected by the action of the advisory organization or the insurer may, within 30 days after written notice of that action, make application, in writing, for an appeal to the Commissioner, setting forth the basis for the appeal and the grounds to be relied upon by the applicant.
(c) The Commissioner shall review the application and, if the Commissioner finds that the application is made in good faith and that it sets forth on its face grounds which reasonably justify holding a hearing, the Commissioner shall conduct a hearing held not less than 20 days after written notice to the applicant and to the advisory organization or insurer. The Commissioner, after hearing, shall affirm or reverse the action of the advisory organization or insurer.
69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 573, §§  1, 2;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2615. Consent to rate.

§ 2615. Consent to rate.
Notwithstanding any other provision of this chapter, upon the written consent of the insured, filed with and approved by the Insurance Commissioner, a rate in excess of that determined in accordance with the other provisions of this chapter may be used on any specific risk.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2616. Acts reducing competition prohibited.

§ 2616. Acts reducing competition prohibited.
(a) In this section, the word “insurer” includes 2 or more affiliated insurers:
(1) Under common management; or
(2) Under common controlling ownership or under other common effective legal control and in fact engaged in joint or cooperative underwriting, investment management, marketing, servicing or administration of their business and affairs as insurers.
(b) An insurer or advisory organization may not:
(1) Monopolize or attempt to monopolize, or combine or conspire with any other person or persons, or monopolize the business of insurance of any kind, subdivision or class thereof;
(2) Agree with any other insurer or advisory organization to charge or adhere to any rate or rating plan other than the uniform experience rating plan or rating rule except as needed to comply with the requirements of § 2607 of this title;
(3) Make an agreement with any other insurer, advisory organization or other person to unreasonably restrain trade or substantially lessen competition in the business of insurance of any kind, subdivision or class; or
(4) Make any agreement with any other insurer or advisory organization to refuse to deal with any person in connection with the sale of insurance.
(c) The fact that 2 or more insurers, whether or not members or subscribers of a common advisory organization, use consistently or intermittently the same rules, rating plans, rating schedules, rating rules, policy forms, rate classifications, underwriting rules, surveys or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists.
(d) An advisory organization or member or subscriber thereof may not interfere with the right of any insurer to make its rates independently of that advisory organization or to charge rates different from the rates made by that advisory organization.
(e) Except as required under § 2607 of this title, an advisory organization may not have or adopt any rule or exact any agreement or formulate or engage in any program which would require any member, subscriber or other insurer to:
(1) Utilize some or all of its services;
(2) Adhere to its rates, rating plan, rating systems or underwriting rules; or
(3) Prevent any insurer from acting independently.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2617. Advisory organization: permitted activity.

§ 2617. Advisory organization:
permitted activity.
Any advisory organization, in addition to other activities not prohibited, is authorized to:
(1) Develop statistical plans including class definitions;
(2) Collect statistical data from members, subscribers or any other source;
(3) Prepare and distribute pure premium rate data, adjusted for loss development and loss trending, in accordance with its statistical plan. Such data and adjustments should be in sufficient detail so as to permit insurers to modify such pure premiums based upon their own rating methods or interpretations of underlying data;
(4) Prepare and distribute manuals of rating rules and rating schedules that do not contain any rules or schedules including final rates without information outside the manuals;
(5) Distribute information that is filed with the Commissioner and open to public inspection;
(6) Conduct research and collect statistics in order to discover, identify and classify information relating to causes or prevention of losses;
(7) Prepare and file policy forms and endorsements and consult with members, subscribers and others relative to their use and application;
(8) Collect, compile and distribute past and current prices of individual insurers if such information is made available to the general public;
(9) Conduct research and collect information to determine the impact of benefit level changes on pure premium rates;
(10) Prepare and distribute rules and rating values for the uniform experience rating plan; and
(11) Calculate and disseminate individual risk premium modification factors.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2618. Residual market mechanisms.

§ 2618. Residual market mechanisms.
(a) All insurers authorized to write workers' compensation and employers' liability insurance shall participate in a plan providing for the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. A residual market plan shall be submitted for the Commissioner's approval within 60 days of October 16, 1993. Rates for the residual market shall be filed by the advisory organization.
(b) The Commissioner may adopt retrospective rating plans for any risks insured through residual market.
(c) The Commissioner may adopt a schedule debit plan for any risks insured through the plan that do not comply with loss-control recommendations, have frequency or severity problems or have any exposure that is greater than average for the class.
(d) The Commissioner shall disapprove any filing that does not meet the requirements of § 2604 of this title. A filing shall be deemed to meet such requirements unless disapproved by the Commissioner within 30 days after the filing is made. In reviewing a filing made pursuant to this section, the Commissioner shall have the same authority and follow the same procedures prescribed by §§ 2611, 2612 and 2613 of this title. The advisory organization shall make and file the plan of operation, rates, rating plans, rules, and policy forms under this section.
(e) The limitation in § 2610(b)(1) of this title shall not apply to the residual market plan filed under this section.
69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 172, §  10;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2619. Penalties.

§ 2619. Penalties.
(a) The Commissioner may, upon finding that any person or organization has violated this chapter, impose a penalty of not more than $500 for each such violation. Upon finding such violation to be wilful, the Commissioner may impose a penalty of not more than $1,000 for each such violation in addition to any other penalty provided by law.
(b) The Commissioner may suspend the license of any advisory organization or insurer which fails to comply with an order within the time set by the order or any extension thereof granted by the Commissioner. The Commissioner shall not so suspend a license for failure to comply with an order until time prescribed for appeal therefrom has expired or, if appealed, until such order has been affirmed. The Commissioner may determine the period of a suspension and it shall remain in effect for such period unless modified or rescinded or until the order upon which the suspension is based is modified, rescinded or reversed.
(c) Absent a consent decree, no penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the Commissioner stating the Commissioner's findings, made after a hearing held after at least 10 days' written notice to such person or organization specifying the alleged violation.
(d) Any party aggrieved by an order or decision of the Commissioner may, within 30 days after receiving the Commissioner's notice, make written request for a hearing.
69 Del. Laws, c. 163, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2620. Appeals from Commissioner.

§ 2620. Appeals from Commissioner.
Any order, decision or act of the Commissioner under this chapter is subject to judicial review upon petition of any person aggrieved. The appeal shall be to the Court of Chancery in any county of this State. A petition for review shall be filed within 60 days from notice of the order, decision or act. The commencement of the proceeding shall not affect enforcement or validity of the Commissioner's action unless the Court determines, after notice to the Commissioner, that a stay of enforcement until further direction of the Court will not unduly injure the interests of the public. Section 328(d) through (i) (appeal from the Commissioner) of this title shall apply to such appeals.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 26. Workers’ Compensation Rating › § 2621. Transition.

§ 2621. Transition.
Insurers and the advisory organization are not required to immediately refile rates previously implemented. Any member or subscriber of an advisory organization is authorized to continue to use all rates and deviations filed or approved for its use until the insurer makes its own filing to change its rates, either by making an independent filing or by filing and adopting the advisory organization's prospective loss costs, or modification thereof.
69 Del. Laws, c. 163, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 27. THE INSURANCE CONTRACT › Subchapter I. Insurance Contracts Generally › § 2701. Scope of chapter.

§ 2701. Scope of chapter.
This chapter applies to all insurance contracts and annuity contracts other than:
(1) Reinsurance;
(2) Policies or contracts not issued for delivery in this State nor delivered in this State;
(3) Wet marine and transportation insurance; and
(4) Funding agreements.
18 Del. C. 1953, §  2701;  56 Del. Laws, c. 380, §  1;  80 Del. Laws, c. 268, § 3;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 27. THE INSURANCE CONTRACT › Subchapter I. Insurance Contracts Generally › § 2702. “Policy” defined.

§ 2702. “Policy” defined.
“Policy” means the written contract of or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, endorsements and papers which are a part thereof.
18 Del. C. 1953, §  2702;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 27. THE INSURANCE CONTRACT › Subchapter I. Insurance Contracts Generally › § 2703. “Premium” defined.

§ 2703. “Premium” defined.
“Premium” is the consideration for insurance by whatever name called. Any “assessment,” or any “membership,” “policy,” “survey,” “inspection,” “service” or similar fee or other charge in consideration for an insurance contract is deemed part of the premium.
18 Del. C. 1953, §  2703;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 27. THE INSURANCE CONTRACT › Subchapter I. Insurance Contracts Generally › § 2705. Insurable interest; exception when certain institutions designated beneficiary.

§ 2705. Insurable interest; exception when certain institutions designated beneficiary.
(a) Life insurance contracts may be entered into in which the person paying the consideration for the insurance has no insurable interest in the life of the individual insured, where charitable, benevolent, educational or religious institutions, or their agencies, are designated irrevocably as the beneficiaries thereof.
(b) In making such contracts the person paying the premium shall make and sign the application therefor as owner and shall designate a charitable, benevolent, educational or religious institution, or an agency thereof, irrevocably as the beneficiary or beneficiaries of such contract. The application shall be signed also by the individual whose life is to be insured.
(c) Nothing in this section shall be deemed to prohibit any combination of the applicant, premium payer, owner and beneficiary from being the same person.
(d) Such a contract shall be valid and binding among the parties thereto, notwithstanding the absence otherwise of an insurable interest in the life of the individual insured.
18 Del. C. 1953, §  2705;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 27. THE INSURANCE CONTRACT › Subchapter I. Insurance Contracts Generally › § 2706. Insurable interest; property.

§ 2706. Insurable interest; property.
(a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss.
(b) “Insurable interest” as used in this section means any actual, lawful and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction or pecuniary damage or impairment.
(c) The measure of an insurable interest in property is the extent to which the insured might be directly or indirectly damnified by loss, injury or impairment thereof.
18 Del. C. 1953, §  2706;  56 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 18 - Insurance Code › Chapter 27. THE INSURANCE CONTRACT › Subchapter I. Insurance Contracts Generally › § 2707. Power to contract; purchase of insurance and annuities by minors.

§ 2707. Power to contract; purchase of insurance and annuities by minors.
(a) Any person of competent legal capacity may contract for insurance.
(b) Any minor not less than 15 years of age, with the consent of parent or guardian, if any, unless otherwise emancipated, may, notwithstanding his or her minority, contract for or own annuities or insurance or affirm by novation or otherwise preexisting contracts for annuities or insurance upon his or her own life, body, health, property, liabilities or other interests or on the persons of another in whom the minor has an insurable interest. Such a minor shall, notwithstanding such minority, be deemed competent to exercise all rights and powers with respect to or under:
(1) Any contract for annuity or for insurance upon his or her own life, body or health; or
(2) Any contract such minor effected upon his or her own property, liabilities or other interests; or
(3) Any contract effected or owned by the minor on the person of another as might be exercised by a person of full legal age and may at any time surrender his or her interest in any such contracts and give valid discharge for any benefit accruing or money payable thereunder.
Such a minor shall not, by reason of his or her minority, be entitled to rescind, avoid or repudiate the contract, nor to rescind, avoid or repudiate any exercise of a right or privilege thereunder, except that such a minor not otherwise emancipated shall not be bound by any unperformed agreement to pay by promissory note or otherwise any premium on any such annuity or insurance contract.
(c) Any annuity contract or policy of life or disability insurance procured by or for a minor under subsection (b) of this section above shall be made payable either to the minor or his or her estate or to a person having an insurable interest in the life of the minor.
18 Del. C. 1953, §  2707;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;