All contracts of casualty insurance covering subjects resident, located or to be performed in this State are subject to the
applicable provisions of Chapter 27 (The Insurance Contract) of this title, and to other applicable provisions of this title.
18 Del. C. 1953, § 3901; 56 Del. Laws, c. 380, § 1.;
§ 3902. Uninsured and underinsured vehicle coverage; insolvency of insurer.
(a) No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered
or issued for delivery in this State with respect to any such vehicle registered or principally garaged in this State unless
coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled
to recover damages from owners or operators of uninsured or hit-and-run vehicles for bodily injury, sickness, disease, including
death, or personal property damage resulting from the ownership, maintenance or use of such uninsured or hit-and-run motor
vehicle.
(1) No such coverage shall be required in or supplemental to a policy when rejected in writing, on a form furnished by the
insurer or group of affiliated insurers describing the coverage being rejected, by an insured named therein, or upon any renewal
of such policy or upon any reinstatement, substitution, amendment, alteration, modification, transfer or replacement thereof
by the same insurer unless the coverage is then requested in writing by the named insured. The coverage herein required may
be referred to as uninsured vehicle coverage.
(2) The amount of coverage to be so provided shall not be less than the minimum limits for bodily injury and property damage
liability insurance provided for under the motorist financial responsibility laws of this State. The coverage for property
damage shall be subject to a $250 deductible for property damage arising out of 1 accident, unless the insured and the insurer
agree in writing to a different deductible. As used herein, the term "property damage" shall include the loss of use of a
vehicle.
(3) For the purpose of this section, an uninsured vehicle shall be defined as:
a. One for which there is no auto liability bond, insurance or other security applicable at the time of the accident in at
least the amounts required by the financial responsibility law where the auto is principally garaged or registered;
b. One for which the insuring company denies coverage or becomes insolvent; or
c. A hit-and-run motor vehicle that causes an accident resulting in bodily injury or property damage to property of the insured.
Bodily injury or property damage must be caused by physical contact of the hit-and-run vehicle with the insured or with an
insured motor vehicle, or by a noncontact vehicle where the identity of both the driver and the owner of such vehicle are
unknown. The accident must be reported to the police or proper governmental authority. The insured must notify his/her insurer
within 30 days, or as soon as practicable thereafter, that the insured or his/her legal representative has a legal action
arising out of the accident.
(4) In the event of payment to any person under uninsured vehicle coverage and, subject to the terms of such coverage, to
the extent of such payment, the insurer shall be entitled to the proceeds of any settlement recovery from any person legally
responsible for the bodily injury or property damage as to which such payment was made and to amount recoverable from the
assets of the insolvent insurer of the other vehicle; provided, that this right of subrogation is limited to the amount of
coverage required by the financial responsibility law.
(b) Every insurer shall offer to the insured the option to purchase additional coverage for personal injury or death up to
a limit of $100,000 per person and $300,000 per accident or $300,000 single limit, but not to exceed the limits for bodily
injury liability set forth in the basic policy. Such additional insurance shall include underinsured bodily injury liability
coverage.
(1) Acceptance of such additional coverage shall operate to amend the policy's uninsured coverage to pay for bodily injury
damage that the insured or his/her legal representative are legally entitled to recover from the driver of an underinsured
motor vehicle.
(2) An underinsured motor vehicle is one for which there may be bodily injury liability coverage in effect, but the limits
of bodily injury liability coverage under all bonds and insurance policies applicable at the time of the accident total less
than the limits provided by the uninsured motorist coverage. These limits shall be stated in the declaration sheet of the
policy.
(3) The insurer shall not be obligated to make any payment under this coverage until after the limits of liability under all
bodily injury bonds and insurance policies available to the insured at the time of the accident have been exhausted by payment
of settlement or judgments.
(4) An insured who executes a release of a single tortfeasor owner or operator of an underinsured motor vehicle in exchange
for payment of the entire limits of liability insurance afforded by the tortfeasor's liability insurer shall continue to be
legally entitled to recover against that tortfeasor for the purposes of recovery against the insured's underinsurance carrier.
An insured who executes a release of 1 of multiple tortfeasors shall have rights against that tortfeasor and the insured's
underinsurance carrier determined in accordance with the Uniform Contribution Among Joint Tortfeasors Act and paragraph (3)
of this subsection.
(c) The affording of insurance under this section to more than 1 person or to more than 1 vehicle shall not operate to increase
the limits of the insurer's liability. When 2 or more vehicles owned or leased by persons residing in the same household are
insured by the same insurer or affiliated insurers, the limits of liability shall apply separately to each vehicle as stated
in the declaration sheet, but shall not exceed the highest limit of liability applicable to any 1 vehicle.
18 Del. C. 1953, § 3902; 56 Del. Laws, c. 380, § 1; 58 Del. Laws, c. 98, §§ 2, 3; 61 Del. Laws, c. 265, § 1; 63 Del. Laws, c. 243, § 1; 64 Del. Laws, c. 426, § 1; 67 Del. Laws, c. 180, § 1; 69 Del. Laws, c. 253, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3903. Cancellation or nonrenewal of automobile policy; definitions; scope.
(a) As used in §§ 3903-3907 of this title:
(1) "Policy" means any 1 or more of the following portions of an automobile insurance policy:
a. Insuring against bodily injury and property damage liability;
b. Insuring against physical damage;
c. Insuring against risks commonly included under "comprehensive coverage";
d. Relating to medical payments;
e. Providing uninsured motorist coverage, delivered or issued for delivery in this State, insuring a natural person as named
insured, or 1 or more related individuals resident of the same household, and under which the insured vehicles therein designated
are motor vehicles of the private passenger or station wagon type (not used for public or livery conveyance of passengers,
or rented to others) or any other 4 wheel motor vehicles with a load capacity of 1500 pounds or less not used in the occupation,
profession or business of the insured, and other than a policy of automobile liability insurance:
1. Issued under an assigned risk plan; or
2. Insuring more than 4 motor vehicles; or
3. Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards.
(2) "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy
period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice
extending the term of a policy beyond its policy period or term. Any policy with a policy period or term of less than 6 months
or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive
policy periods or terms of 6 months.
(3) "Nonpayment of premium" means failure of the named insured to discharge when due any of his/her obligations in connection
with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the
insurer or its agent or indirectly under any premium finance plan or extension of credit.
(4) "Certified mail" as used in this chapter shall refer to the following as used by the postal service:
a. Certified mail;
b. Certified mail, return receipt;
c. Certified mailing list.
(b) Sections 3903-3907 of this title shall not apply to any policy which has been in effect less than 60 days at the time
notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
(c)(1) Notwithstanding § 3911 of this title, the transfer of a policyholder between authorized insurers within the same insurance
group is not a cancellation or nonrenewal if the policyholder's premium does not increase and the policyholder does not experience
a reduction in coverage. A policyholder so transferred must be provided with written notice of the transfer.
(2) A transfer under this subsection shall be treated as a renewal for purposes of the use of credit information pursuant
to Chapter 83 of this title.
(3) The notice required under this subsection shall be made no less than 20 days before the effective date of the proposed
transfer. The notice may be a part of a renewal form sent to the policyholder renewing the coverage by the new insurer.
(d) Where an insurer either fails to renew a policy or cancels a policy based solely upon the reason of nonpayment of premium,
the insurer shall renew the policy if the insured tenders to the insurer or its agent the full amount due within 30 days after
the end of the policy period. The renewed policy shall contain the same conditions at the same rates or premiums had he/she
paid his/her premium on the due date. The effective date of such renewed policy shall be the date of actual receipt by the
insurer or its agent of the full premium payment due. The renewed policy shall not cover and the insurer shall not be liable
for any losses occurring or claims which were sustained during the period from the end of the policy period until the date
the full premium payment was actually received by the insurer or its agent, regardless of whether or not such a loss or claim
would otherwise fit within the coverage of such a policy.
18 Del. C. 1953, § 3903; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 5; 63 Del. Laws, c. 243, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 217, § 1.;
§ 3904. Cancellation or nonrenewal of automobile policy -- Reasons for cancellation or nonrenewal.
(a) No notice of cancellation of a policy shall be effective and the insurer shall not refuse renewal or threaten to refuse
renewal of a policy unless based on 1 or more of the following reasons:
(1) Nonpayment of premium; or
(2) The policy was obtained through a material misrepresentation; or
(3) Any insured violated any of the terms and conditions of the policy; or
(4) The named insured knowingly failed to disclose fully his/her motor vehicle accidents and moving traffic violations, or
his/her losses covered under any automobile physical damage or comprehensive coverage, for the preceding 36 months, if called
for in the application; or
(5) As to renewal of the policy, if the insured at any time while the policy was in force failed to disclose fully to the
insurer, upon request therefor, facts relative to accidents and losses incurred material to underwriting of the risk; or
(6) Any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim;
or
(7) The named insured or any other operator who either resides in the same household or customarily operates an automobile
insured under such policy:
a. Has, within the 36 months prior to the notice of cancellation or nonrenewal, had a driver's license under suspension or
revocation, except a child whose license has been revoked or suspended pursuant to § 1009 of Title 10, or whose license had
been revoked or suspended pursuant to § 904 of Title 4, or had a driver's license under suspension or revocation for a non-driving-related
drug offense pursuant to § 2707(b)(11) or § 4177K of Title 21; or
b. Has a history of and is subject to epilepsy or heart attacks, and such individual cannot produce a certificate from a physician
testifying to his/her unqualified ability to operate a motor vehicle safely; or
c. Has an accident record, conviction record (criminal or traffic), physical, mental or other condition which is such that
his/her operation of an automobile might endanger the public safety; or
d. Has, while the policy is in force, engaged in a competitive speed contest while operating an automobile insured under the
policy; or
e. Is addicted to or uses narcotics or other drugs; or
f. Uses alcoholic beverages to excess thereby impairing his/her ability to operate a motor vehicle; or
g. Has been convicted, or forfeited bail, during the 36 months immediately preceding the notice of cancellation or nonrenewal,
for:
1. Any felony; or
2. Criminal negligence resulting in death, homicide or assault arising out of the operation of a motor vehicle; or
3. Operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or
4. Leaving the scene of an accident without stopping to report; or
5. Theft or unlawful taking of a motor vehicle; or
6. Making false statements in an application for a driver's license; or
h. Has been convicted of, or forfeited bail, for 3 or more violations, the point total for which exceeds 8 points, or 3 at
fault accidents in which claims are paid in excess of $250 per accident within the 36 months immediately preceding the notice
of cancellation or nonrenewal, of any law, ordinance or regulation limiting the speed of motor vehicles or any of the provisions
of the motor vehicle laws of any state, violation of which constitutes a dangerous moving violation as set forth in Chapter
41 of Title 21, whether or not the violations were repetitions of the same offense or different offenses; or
(8) The insured automobile is:
a. So mechanically defective that its operation might endanger public safety; or
b. Used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool shall not be
considered use of an automobile for hire or compensation; or
c. Used in the business of transportation of flammables or explosives; or
d. An authorized emergency vehicle; or
e. Modified or changed in condition during the policy period so as to increase the risk substantially; or
f. Subject to an inspection law and has not been inspected or, if inspected fails to qualify.
(b)(1) Insureds protected by a policy covering 2 or more persons in a family or household shall not be subject to cancellation
or nonrenewal because of the wrongdoing or fault of another insured under the policy;
(2) In the event 1 or more of the insureds under such policy is subject to cancellation or nonrenewal, such insured shall
be excluded pursuant to the terms of § 3909 of this title;
(3) The excluded driver or drivers shall be required to furnish proof that the coverage required under Delaware law is carried
with another company or through the Delaware Automobile Insurance Plan, or surrender his or her motor vehicle operator's license
within 30 days.
(c) A policy may not be subject to cancellation or nonrenewal solely because the insured's driver license is denied or suspended
in accordance with § 516(g) or § 2216 of Title 13.
18 Del. C. 1953, § 3904; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 1; 59 Del. Laws, c. 307, § 4; 63 Del. Laws, c. 257, § 1; 69 Del. Laws, c. 125, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 452, § 10; 70 Del. Laws, c. 583, § 1; 71 Del. Laws, c. 216, § 88; 71 Del. Laws, c. 228, § 1; 72 Del. Laws, c. 448, § 1.;
§ 3905. Cancellation or nonrenewal of automobile policy -- Notice of cancellation or intention not to renew; notice of reasons.
(a) No cancellation of a policy to which § 3904(a) of this title applies shall be effective unless notice thereof is mailed
or delivered by the insurer to the named insured at least 30 days prior to the effective date of cancellation and accompanied
by the reason for cancellation, except that, where cancellation is for nonpayment of premium, at least 10 days notice of cancellation
accompanied by the reason therefor shall be given.
(b) No insurer shall fail to renew a policy except to which § 3903(b) of this title applies, unless it shall mail or deliver
to the named insured, at his/her address last of record with the insurer, at least 30 days advance notice of its intention
to nonrenew accompanied by the reason or reasons therefor. This subsection shall not apply in case of nonpayment of premium
or if the insurer has manifested its willingness to renew. Notwithstanding the failure of an insurer to comply with this subsection,
the policy shall terminate on the effective date of any other policy procured by the insured with respect to any automobile
designated in both policies. Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation
or nonrenewal which existed before the effective date of the renewal.
(c) The mailing of notice of cancellation, or of intention not to renew, to the named insured at his/her last address of record
with the insurer, shall be by certified mail. This subsection shall not apply in case of nonpayment of premium.
(d) When a policy is cancelled or nonrenewed, other than for nonpayment of premium, the insurer shall notify the named insured
of any possible eligibility for insurance through an automobile assigned risk plan. Such notice shall accompany or be included
in the notice of cancellation or the notice of intent not to renew, and shall state that such notice of availability of the
automobile assigned risk plan is given pursuant to this section.
(e) Each notice of cancellation, except as provided in § 3903(b), or nonrenewal of a policy shall contain or be accompanied
by a notice of the named insured's right to apply to the Commissioner for a hearing thereon.
18 Del. C. 1953, § 3905; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 2; 63 Del. Laws, c. 243, § 3; 70 Del. Laws, c. 186, § 1.;
§ 3906. Cancellation or nonrenewal of automobile policy -- Hearing before the Commissioner; filing fee; order.
(a) A named insured who wishes to contest the reason or reasons for a cancellation or nonrenewal to which § 3904 of this title
is applicable shall not less than 15 days prior to the effective date of cancellation or nonrenewal mail or deliver to the
Commissioner a request for a hearing, which shall state clearly the basis for the appeal and be accompanied by a filing fee
of $10. This subsection shall not apply to cancellation for nonpayment of premium. A cancellation or nonrenewal which is subject
to the provisions of § 3904 of this title shall be deemed effective, unless the Commissioner determines otherwise in accordance
with the provisions of such section.
(b) Within 3 working days after receipt of a timely request for a hearing, the Commissioner shall set a hearing date to be
held not less than 10 days prior to the effective date of the cancellation or nonrenewal. The Commissioner may, where he or
she finds that an unfairness will result to the insured because of delays or other circumstances beyond his/her control, extend
the effective date of cancellation or nonrenewal for a period not to exceed 4 days from the date the notice of cancellation
or nonrenewal was received by the insured. Each insurer authorized to transact automobile insurance in this State shall maintain
a file with the Commissioner of the name and address of the person authorized to receive notices pursuant to this section
on behalf of the insurer.
(c) The Commissioner, at the conclusion of any hearing provided for under subsection (b) above or not later than 2 days thereafter,
shall issue his/her written findings to the parties and, if he or she finds for the named insured, he or she shall assess
the insurer $10 to defray the cost of the hearing and shall refund the $10 filing fee to the named insured, and the Commissioner
shall either order the insurer to rescind its notice of cancellation or nonrenewal or, if the date cancellation or nonrenewal
is to be effective has lapsed, order the policy reinstated. Such order shall operate retroactively only to cover a period
not to exceed 15 days from the date cancellation or nonrenewal otherwise would have been effective and prospectively from
the date on which the order was issued, except that no policy shall be reinstated while the named insured is in arrears in
payment of premium on the policy. If the Commissioner finds for the insurer, the Commissioner's written order shall so state
and he or she shall assess the named insured $10 and apply the named insured's $10 filing fee against the assessment to defray
the cost of hearing. Reinstatement of a policy under this subsection shall not operate in any way to extend the expiration,
termination or anniversary date provided in the policy.
(d) The Commissioner shall promptly deposit all filing fees provided for in this section with the State Treasurer to the credit
of the General Fund of this State.
18 Del. C. 1953, § 3906; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 3; 70 Del. Laws, c. 186, § 1.;
§ 3907. Cancellation or nonrenewal of automobile policy -- Nonliability as to information; statements.
There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the
insurer, its authorized representative, its agents, its employees or any firm, person or corporation furnishing to the insurer
information as to reasons for cancellation or refusal to renew any policy under §§ 3903-3906 of this title, for any statement
made by any of them in any written notice or explanation of cancellation or refusal to renew, for the providing of information
pertaining thereto, or for statements made or evidence submitted at the hearings conducted in connection therewith.
18 Del. C. 1953, § 3907; 56 Del. Laws, c. 380, § 1.;
§ 3908. Cancellation or nonrenewal of automobile policy -- Exceptions related to insurer's condition.
Nothing contained in §§ 3903-3907 of this title shall be construed to prevent the cancellation or nonrenewal of any such insurance
where:
(1) Cancellation or nonrenewal is ordered under or in connection with a statutory delinquency proceeding commenced against
the insurer under Chapter 59 of this title (Rehabilitation and Liquidation); or
(2) Cancellation or nonrenewal has been consented to by the Commissioner on a showing that continuation of such insurance
can reasonably be expected to create a condition in the insurer hazardous to its policyholders, or to its creditors, or to
its members, subscribers or stockholders, or to the public.
18 Del. C. 1953, § 3908; 56 Del. Laws, c. 380, § 1.;
§ 3909. Automobile insurance; exclusion, cancellation or nonrenewal.
(a) The insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as
to designated individuals. Any such cancellation or refusal to renew shall be subject to the applicable provisions of § 3903
through and including § 3907 of this title, and the notice provisions of those said sections shall apply equally to the exclusion,
cancellation or refusal to renew coverage as to a designated individual or individuals.
(b) In any case where an insurer is authorized under this chapter to cancel or nonrenew any automobile policy under which
more than 1 person is insured because of the record of 1 or more, but less than all of the persons insured under the policy,
the insurer shall, in lieu of cancellation or nonrenewal, offer to continue or renew the insurance, but to exclude from coverage,
by name, the person or persons whose record would have justified the cancellation or nonrenewal. The premiums charged on any
such policy excluding a named driver or drivers shall not reflect the claims, experience or driving record of the excluded
named driver or drivers.
(c) With respect to any person excluded from coverage under this section, the policy may provide that the insurer shall not
be liable for damages, losses or claims arising out of this operation or use of the insured motor vehicle, whether or not
such operation or use was with the express or implied permission of a person insured under the policy.
(d) Every insurer shall be required to offer to the driver or drivers excluded under this section coverage of the same type
or types and in an amount or amounts at least as great as the types and amount of coverage carried on the vehicle or vehicles
that the designated person is being excluded from, which coverage shall be offered at rates commensurate with the driving
record of such excluded driver or drivers; provided, however, that such excluded driver or drivers shall not be required to
carry coverage in any amount or amounts greater than those amounts required by the financial responsibility law of the State.
(e) The excluded driver or drivers shall be required to accept this offer of coverage, to furnish proof that such coverage
is carried with another company, or surrender his/her motor vehicle operator's license to the Division of Motor Vehicles within
30 days after the offering of such coverage. Refusal to accept such coverage, the furnishing of adequate proof, or the failure
to surrender his/her operator's license within the 30 day period will cause the cancellation of the policy or policies that
they were excluded from. This provision shall apply as long as the designated individual could be considered a member of the
household or possible occasional driver of the vehicle or vehicles he or she is being excluded from.
18 Del. C. 1953, § 3909; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 201, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3910. Same -- Insurer's right to impose deductible on renewal.
Nothing in §§ 3903-3909 of this title shall prohibit or be construed to prohibit an insurer from requiring a provision for
a reasonable deductible not exceeding $100 in amount as to physical damage and comprehensive coverages of the policy as a
condition to renewal of an automobile insurance policy.
18 Del. C. 1953, § 3910; 56 Del. Laws, c. 380, § 1.;
§ 3911. Legislation affecting renewal of policies -- Notice of nonrenewal by insurer.
(a) Any legislation enacted subsequent to the enactment date of §§ 3904, 3905 and 3906 of this title, or subsequent legislation
affecting Chapter 21 of Title 21, shall not effect the renewal of policies as described in paragraph (2), subsection (a) of
§ 3903 of this title, unless the legislation itself so specifies.
(b) When an insurer intends not to renew a commercial liability insurance policy, other than an automobile insurance policy,
notice of such nonrenewal shall be given to the named insured, in writing, not less than 60 days prior to the end of the policy
period. For the purposes of this subsection, "renew" means the issuance and delivery by an insurer of a policy superseding
at the end of the policy period a policy previously issued and delivered by the same insurer or the issuance and delivery
of a certificate or notice extending the term of a policy beyond its policy period or term. Mailing of notice of intention
not to renew to the named insured at his/her address last of record with the insurer shall be by certified mail.
18 Del. C. 1953, § 3911; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 4; 66 Del. Laws, c. 309, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3912. Prohibition against premium increase in certain circumstances.
(a) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either
resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant
to § 1009 of Title 10.
(b) No premium may be increased on any contract of casualty insurance based on a license revocation or suspension imposed
on the named insured or any other operator who either resides in the same household or customarily operates an automobile
insured under such policy for a nondriving-related drug offense pursuant to § 2707(b)(11) or § 4177H(a) of Title 21.
(c) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either
resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant
to § 904 of Title 4.
(d) No premium may be increased on any contract of casualty insurance based solely on a license denial or suspension imposed
in accordance with § 516(g) or § 2216 of Title 13 on a named insured or any other operator who either resides in the same
household or customarily operates an automobile insured under such policy.
59 Del. Laws, c. 307, § 5; 69 Del. Laws, c. 125, § 6; 70 Del. Laws, c. 452, § 9; 71 Del. Laws, c. 216, § 87; 71 Del. Laws, c. 228, §§ 2, 4.;
§ 3913. Requests for driving records; limitation.
No insurer issuing a policy of insurance as described in this chapter shall, before such policy is issued, require that the
proposed insured provide such insurer with his/her driving record for any period other than the 3 years immediately preceding
the proposed effective date of such policy; provided, however, that if no violations or accidents are reflected on such record
for 2 years immediately preceding the proposed effective date of such policy during which period the insured held a valid
operator's license, then an insurer may not consider more than such 2-year period for the purpose of issuing a policy of insurance.
62 Del. Laws, c. 391, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3914. Notice of statute of limitations required.
An insurer shall be required during the pendency of any claim received pursuant to a casualty insurance policy to give prompt
and timely written notice to claimant informing claimant of the applicable state statute of limitations regarding action for
his/her damages.
63 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3915. Cash refund on cancellation of policy.
(a) No insurer shall honor a request for a cash refund on cancellation of a policy by the insured until such time as the insured
has provided sufficient evidence to the insurer that one of the following has occurred:
(1) The insured has other insurance in effect which provides at least such minimum insurance coverage as is set forth in §
2118 of Title 21.
(2) The insured vehicle is no longer owned by the insured.
(3) The vehicle is no longer operable or capable of being repaired so as to become operable.
(4) The insured becomes self-insured under the provisions of § 2904 of Title 21.
(b) The requirement of "sufficient evidence" under subsection (a) of this section is satisfied by the insured providing the
insurer with an affidavit certifying that any 1 of the conditions set forth in subsection (a) of this section has occurred.
The insurer shall notify any insured who requests a cash refund on cancellation of a policy of the requirements of this section,
and shall provide an appropriate form of affidavit, approved by the Insurance Commissioner (who is expressly authorized to
approve appropriate forms of such affidavit), for execution by the insured. Any form of affidavit presented to or executed
by an insured under this section shall bear a notice to the effect that false statements therein are punishable pursuant to
§ 1233 of Title 11.
67 Del. Laws, c. 142, § 1; 67 Del. Laws, c. 218, § 1.;
§ 3916. Unfair trade practices.
No insurance company, domestic or foreign, or any agent or employee shall require that automobile glass repair or replacement
work be performed by a particular facility, individual or business establishment as a condition of payment of a claim.
69 Del. Laws, c. 195, § 1.;
§ 3917. Military deployment as a factor in automobile insurance rates.
(a) An insurer shall not use a lapse in an insured's automobile insurance coverage as a factor in determining a new automobile
insurance policy rate if the lapse was due to the cancellation or nonrenewal of the policy by the insurer, or by the insured's
failure to pay the policy renewal premium, during or within 48 hours of the insured's deployment outside the continental United
States as a member of the military, military reserve, or National Guard. An insurer may require the insured to provide reasonable
documentation to verify the insured's deployment.
(b) The spouse of an insured protected by subsection (a) of this section shall be similarly protected if that spouse accompanies
the insured on the deployment.
76 Del. Laws, c. 263, § 1; 70 Del. Laws, c. 186, § 1.;
All contracts of casualty insurance covering subjects resident, located or to be performed in this State are subject to the
applicable provisions of Chapter 27 (The Insurance Contract) of this title, and to other applicable provisions of this title.
18 Del. C. 1953, § 3901; 56 Del. Laws, c. 380, § 1.;
§ 3902. Uninsured and underinsured vehicle coverage; insolvency of insurer.
(a) No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered
or issued for delivery in this State with respect to any such vehicle registered or principally garaged in this State unless
coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled
to recover damages from owners or operators of uninsured or hit-and-run vehicles for bodily injury, sickness, disease, including
death, or personal property damage resulting from the ownership, maintenance or use of such uninsured or hit-and-run motor
vehicle.
(1) No such coverage shall be required in or supplemental to a policy when rejected in writing, on a form furnished by the
insurer or group of affiliated insurers describing the coverage being rejected, by an insured named therein, or upon any renewal
of such policy or upon any reinstatement, substitution, amendment, alteration, modification, transfer or replacement thereof
by the same insurer unless the coverage is then requested in writing by the named insured. The coverage herein required may
be referred to as uninsured vehicle coverage.
(2) The amount of coverage to be so provided shall not be less than the minimum limits for bodily injury and property damage
liability insurance provided for under the motorist financial responsibility laws of this State. The coverage for property
damage shall be subject to a $250 deductible for property damage arising out of 1 accident, unless the insured and the insurer
agree in writing to a different deductible. As used herein, the term "property damage" shall include the loss of use of a
vehicle.
(3) For the purpose of this section, an uninsured vehicle shall be defined as:
a. One for which there is no auto liability bond, insurance or other security applicable at the time of the accident in at
least the amounts required by the financial responsibility law where the auto is principally garaged or registered;
b. One for which the insuring company denies coverage or becomes insolvent; or
c. A hit-and-run motor vehicle that causes an accident resulting in bodily injury or property damage to property of the insured.
Bodily injury or property damage must be caused by physical contact of the hit-and-run vehicle with the insured or with an
insured motor vehicle, or by a noncontact vehicle where the identity of both the driver and the owner of such vehicle are
unknown. The accident must be reported to the police or proper governmental authority. The insured must notify his/her insurer
within 30 days, or as soon as practicable thereafter, that the insured or his/her legal representative has a legal action
arising out of the accident.
(4) In the event of payment to any person under uninsured vehicle coverage and, subject to the terms of such coverage, to
the extent of such payment, the insurer shall be entitled to the proceeds of any settlement recovery from any person legally
responsible for the bodily injury or property damage as to which such payment was made and to amount recoverable from the
assets of the insolvent insurer of the other vehicle; provided, that this right of subrogation is limited to the amount of
coverage required by the financial responsibility law.
(b) Every insurer shall offer to the insured the option to purchase additional coverage for personal injury or death up to
a limit of $100,000 per person and $300,000 per accident or $300,000 single limit, but not to exceed the limits for bodily
injury liability set forth in the basic policy. Such additional insurance shall include underinsured bodily injury liability
coverage.
(1) Acceptance of such additional coverage shall operate to amend the policy's uninsured coverage to pay for bodily injury
damage that the insured or his/her legal representative are legally entitled to recover from the driver of an underinsured
motor vehicle.
(2) An underinsured motor vehicle is one for which there may be bodily injury liability coverage in effect, but the limits
of bodily injury liability coverage under all bonds and insurance policies applicable at the time of the accident total less
than the limits provided by the uninsured motorist coverage. These limits shall be stated in the declaration sheet of the
policy.
(3) The insurer shall not be obligated to make any payment under this coverage until after the limits of liability under all
bodily injury bonds and insurance policies available to the insured at the time of the accident have been exhausted by payment
of settlement or judgments.
(4) An insured who executes a release of a single tortfeasor owner or operator of an underinsured motor vehicle in exchange
for payment of the entire limits of liability insurance afforded by the tortfeasor's liability insurer shall continue to be
legally entitled to recover against that tortfeasor for the purposes of recovery against the insured's underinsurance carrier.
An insured who executes a release of 1 of multiple tortfeasors shall have rights against that tortfeasor and the insured's
underinsurance carrier determined in accordance with the Uniform Contribution Among Joint Tortfeasors Act and paragraph (3)
of this subsection.
(c) The affording of insurance under this section to more than 1 person or to more than 1 vehicle shall not operate to increase
the limits of the insurer's liability. When 2 or more vehicles owned or leased by persons residing in the same household are
insured by the same insurer or affiliated insurers, the limits of liability shall apply separately to each vehicle as stated
in the declaration sheet, but shall not exceed the highest limit of liability applicable to any 1 vehicle.
18 Del. C. 1953, § 3902; 56 Del. Laws, c. 380, § 1; 58 Del. Laws, c. 98, §§ 2, 3; 61 Del. Laws, c. 265, § 1; 63 Del. Laws, c. 243, § 1; 64 Del. Laws, c. 426, § 1; 67 Del. Laws, c. 180, § 1; 69 Del. Laws, c. 253, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3903. Cancellation or nonrenewal of automobile policy; definitions; scope.
(a) As used in §§ 3903-3907 of this title:
(1) "Policy" means any 1 or more of the following portions of an automobile insurance policy:
a. Insuring against bodily injury and property damage liability;
b. Insuring against physical damage;
c. Insuring against risks commonly included under "comprehensive coverage";
d. Relating to medical payments;
e. Providing uninsured motorist coverage, delivered or issued for delivery in this State, insuring a natural person as named
insured, or 1 or more related individuals resident of the same household, and under which the insured vehicles therein designated
are motor vehicles of the private passenger or station wagon type (not used for public or livery conveyance of passengers,
or rented to others) or any other 4 wheel motor vehicles with a load capacity of 1500 pounds or less not used in the occupation,
profession or business of the insured, and other than a policy of automobile liability insurance:
1. Issued under an assigned risk plan; or
2. Insuring more than 4 motor vehicles; or
3. Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards.
(2) "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy
period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice
extending the term of a policy beyond its policy period or term. Any policy with a policy period or term of less than 6 months
or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive
policy periods or terms of 6 months.
(3) "Nonpayment of premium" means failure of the named insured to discharge when due any of his/her obligations in connection
with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the
insurer or its agent or indirectly under any premium finance plan or extension of credit.
(4) "Certified mail" as used in this chapter shall refer to the following as used by the postal service:
a. Certified mail;
b. Certified mail, return receipt;
c. Certified mailing list.
(b) Sections 3903-3907 of this title shall not apply to any policy which has been in effect less than 60 days at the time
notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
(c)(1) Notwithstanding § 3911 of this title, the transfer of a policyholder between authorized insurers within the same insurance
group is not a cancellation or nonrenewal if the policyholder's premium does not increase and the policyholder does not experience
a reduction in coverage. A policyholder so transferred must be provided with written notice of the transfer.
(2) A transfer under this subsection shall be treated as a renewal for purposes of the use of credit information pursuant
to Chapter 83 of this title.
(3) The notice required under this subsection shall be made no less than 20 days before the effective date of the proposed
transfer. The notice may be a part of a renewal form sent to the policyholder renewing the coverage by the new insurer.
(d) Where an insurer either fails to renew a policy or cancels a policy based solely upon the reason of nonpayment of premium,
the insurer shall renew the policy if the insured tenders to the insurer or its agent the full amount due within 30 days after
the end of the policy period. The renewed policy shall contain the same conditions at the same rates or premiums had he/she
paid his/her premium on the due date. The effective date of such renewed policy shall be the date of actual receipt by the
insurer or its agent of the full premium payment due. The renewed policy shall not cover and the insurer shall not be liable
for any losses occurring or claims which were sustained during the period from the end of the policy period until the date
the full premium payment was actually received by the insurer or its agent, regardless of whether or not such a loss or claim
would otherwise fit within the coverage of such a policy.
18 Del. C. 1953, § 3903; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 5; 63 Del. Laws, c. 243, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 217, § 1.;
§ 3904. Cancellation or nonrenewal of automobile policy -- Reasons for cancellation or nonrenewal.
(a) No notice of cancellation of a policy shall be effective and the insurer shall not refuse renewal or threaten to refuse
renewal of a policy unless based on 1 or more of the following reasons:
(1) Nonpayment of premium; or
(2) The policy was obtained through a material misrepresentation; or
(3) Any insured violated any of the terms and conditions of the policy; or
(4) The named insured knowingly failed to disclose fully his/her motor vehicle accidents and moving traffic violations, or
his/her losses covered under any automobile physical damage or comprehensive coverage, for the preceding 36 months, if called
for in the application; or
(5) As to renewal of the policy, if the insured at any time while the policy was in force failed to disclose fully to the
insurer, upon request therefor, facts relative to accidents and losses incurred material to underwriting of the risk; or
(6) Any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim;
or
(7) The named insured or any other operator who either resides in the same household or customarily operates an automobile
insured under such policy:
a. Has, within the 36 months prior to the notice of cancellation or nonrenewal, had a driver's license under suspension or
revocation, except a child whose license has been revoked or suspended pursuant to § 1009 of Title 10, or whose license had
been revoked or suspended pursuant to § 904 of Title 4, or had a driver's license under suspension or revocation for a non-driving-related
drug offense pursuant to § 2707(b)(11) or § 4177K of Title 21; or
b. Has a history of and is subject to epilepsy or heart attacks, and such individual cannot produce a certificate from a physician
testifying to his/her unqualified ability to operate a motor vehicle safely; or
c. Has an accident record, conviction record (criminal or traffic), physical, mental or other condition which is such that
his/her operation of an automobile might endanger the public safety; or
d. Has, while the policy is in force, engaged in a competitive speed contest while operating an automobile insured under the
policy; or
e. Is addicted to or uses narcotics or other drugs; or
f. Uses alcoholic beverages to excess thereby impairing his/her ability to operate a motor vehicle; or
g. Has been convicted, or forfeited bail, during the 36 months immediately preceding the notice of cancellation or nonrenewal,
for:
1. Any felony; or
2. Criminal negligence resulting in death, homicide or assault arising out of the operation of a motor vehicle; or
3. Operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or
4. Leaving the scene of an accident without stopping to report; or
5. Theft or unlawful taking of a motor vehicle; or
6. Making false statements in an application for a driver's license; or
h. Has been convicted of, or forfeited bail, for 3 or more violations, the point total for which exceeds 8 points, or 3 at
fault accidents in which claims are paid in excess of $250 per accident within the 36 months immediately preceding the notice
of cancellation or nonrenewal, of any law, ordinance or regulation limiting the speed of motor vehicles or any of the provisions
of the motor vehicle laws of any state, violation of which constitutes a dangerous moving violation as set forth in Chapter
41 of Title 21, whether or not the violations were repetitions of the same offense or different offenses; or
(8) The insured automobile is:
a. So mechanically defective that its operation might endanger public safety; or
b. Used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool shall not be
considered use of an automobile for hire or compensation; or
c. Used in the business of transportation of flammables or explosives; or
d. An authorized emergency vehicle; or
e. Modified or changed in condition during the policy period so as to increase the risk substantially; or
f. Subject to an inspection law and has not been inspected or, if inspected fails to qualify.
(b)(1) Insureds protected by a policy covering 2 or more persons in a family or household shall not be subject to cancellation
or nonrenewal because of the wrongdoing or fault of another insured under the policy;
(2) In the event 1 or more of the insureds under such policy is subject to cancellation or nonrenewal, such insured shall
be excluded pursuant to the terms of § 3909 of this title;
(3) The excluded driver or drivers shall be required to furnish proof that the coverage required under Delaware law is carried
with another company or through the Delaware Automobile Insurance Plan, or surrender his or her motor vehicle operator's license
within 30 days.
(c) A policy may not be subject to cancellation or nonrenewal solely because the insured's driver license is denied or suspended
in accordance with § 516(g) or § 2216 of Title 13.
18 Del. C. 1953, § 3904; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 1; 59 Del. Laws, c. 307, § 4; 63 Del. Laws, c. 257, § 1; 69 Del. Laws, c. 125, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 452, § 10; 70 Del. Laws, c. 583, § 1; 71 Del. Laws, c. 216, § 88; 71 Del. Laws, c. 228, § 1; 72 Del. Laws, c. 448, § 1.;
§ 3905. Cancellation or nonrenewal of automobile policy -- Notice of cancellation or intention not to renew; notice of reasons.
(a) No cancellation of a policy to which § 3904(a) of this title applies shall be effective unless notice thereof is mailed
or delivered by the insurer to the named insured at least 30 days prior to the effective date of cancellation and accompanied
by the reason for cancellation, except that, where cancellation is for nonpayment of premium, at least 10 days notice of cancellation
accompanied by the reason therefor shall be given.
(b) No insurer shall fail to renew a policy except to which § 3903(b) of this title applies, unless it shall mail or deliver
to the named insured, at his/her address last of record with the insurer, at least 30 days advance notice of its intention
to nonrenew accompanied by the reason or reasons therefor. This subsection shall not apply in case of nonpayment of premium
or if the insurer has manifested its willingness to renew. Notwithstanding the failure of an insurer to comply with this subsection,
the policy shall terminate on the effective date of any other policy procured by the insured with respect to any automobile
designated in both policies. Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation
or nonrenewal which existed before the effective date of the renewal.
(c) The mailing of notice of cancellation, or of intention not to renew, to the named insured at his/her last address of record
with the insurer, shall be by certified mail. This subsection shall not apply in case of nonpayment of premium.
(d) When a policy is cancelled or nonrenewed, other than for nonpayment of premium, the insurer shall notify the named insured
of any possible eligibility for insurance through an automobile assigned risk plan. Such notice shall accompany or be included
in the notice of cancellation or the notice of intent not to renew, and shall state that such notice of availability of the
automobile assigned risk plan is given pursuant to this section.
(e) Each notice of cancellation, except as provided in § 3903(b), or nonrenewal of a policy shall contain or be accompanied
by a notice of the named insured's right to apply to the Commissioner for a hearing thereon.
18 Del. C. 1953, § 3905; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 2; 63 Del. Laws, c. 243, § 3; 70 Del. Laws, c. 186, § 1.;
§ 3906. Cancellation or nonrenewal of automobile policy -- Hearing before the Commissioner; filing fee; order.
(a) A named insured who wishes to contest the reason or reasons for a cancellation or nonrenewal to which § 3904 of this title
is applicable shall not less than 15 days prior to the effective date of cancellation or nonrenewal mail or deliver to the
Commissioner a request for a hearing, which shall state clearly the basis for the appeal and be accompanied by a filing fee
of $10. This subsection shall not apply to cancellation for nonpayment of premium. A cancellation or nonrenewal which is subject
to the provisions of § 3904 of this title shall be deemed effective, unless the Commissioner determines otherwise in accordance
with the provisions of such section.
(b) Within 3 working days after receipt of a timely request for a hearing, the Commissioner shall set a hearing date to be
held not less than 10 days prior to the effective date of the cancellation or nonrenewal. The Commissioner may, where he or
she finds that an unfairness will result to the insured because of delays or other circumstances beyond his/her control, extend
the effective date of cancellation or nonrenewal for a period not to exceed 4 days from the date the notice of cancellation
or nonrenewal was received by the insured. Each insurer authorized to transact automobile insurance in this State shall maintain
a file with the Commissioner of the name and address of the person authorized to receive notices pursuant to this section
on behalf of the insurer.
(c) The Commissioner, at the conclusion of any hearing provided for under subsection (b) above or not later than 2 days thereafter,
shall issue his/her written findings to the parties and, if he or she finds for the named insured, he or she shall assess
the insurer $10 to defray the cost of the hearing and shall refund the $10 filing fee to the named insured, and the Commissioner
shall either order the insurer to rescind its notice of cancellation or nonrenewal or, if the date cancellation or nonrenewal
is to be effective has lapsed, order the policy reinstated. Such order shall operate retroactively only to cover a period
not to exceed 15 days from the date cancellation or nonrenewal otherwise would have been effective and prospectively from
the date on which the order was issued, except that no policy shall be reinstated while the named insured is in arrears in
payment of premium on the policy. If the Commissioner finds for the insurer, the Commissioner's written order shall so state
and he or she shall assess the named insured $10 and apply the named insured's $10 filing fee against the assessment to defray
the cost of hearing. Reinstatement of a policy under this subsection shall not operate in any way to extend the expiration,
termination or anniversary date provided in the policy.
(d) The Commissioner shall promptly deposit all filing fees provided for in this section with the State Treasurer to the credit
of the General Fund of this State.
18 Del. C. 1953, § 3906; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 3; 70 Del. Laws, c. 186, § 1.;
§ 3907. Cancellation or nonrenewal of automobile policy -- Nonliability as to information; statements.
There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the
insurer, its authorized representative, its agents, its employees or any firm, person or corporation furnishing to the insurer
information as to reasons for cancellation or refusal to renew any policy under §§ 3903-3906 of this title, for any statement
made by any of them in any written notice or explanation of cancellation or refusal to renew, for the providing of information
pertaining thereto, or for statements made or evidence submitted at the hearings conducted in connection therewith.
18 Del. C. 1953, § 3907; 56 Del. Laws, c. 380, § 1.;
§ 3908. Cancellation or nonrenewal of automobile policy -- Exceptions related to insurer's condition.
Nothing contained in §§ 3903-3907 of this title shall be construed to prevent the cancellation or nonrenewal of any such insurance
where:
(1) Cancellation or nonrenewal is ordered under or in connection with a statutory delinquency proceeding commenced against
the insurer under Chapter 59 of this title (Rehabilitation and Liquidation); or
(2) Cancellation or nonrenewal has been consented to by the Commissioner on a showing that continuation of such insurance
can reasonably be expected to create a condition in the insurer hazardous to its policyholders, or to its creditors, or to
its members, subscribers or stockholders, or to the public.
18 Del. C. 1953, § 3908; 56 Del. Laws, c. 380, § 1.;
§ 3909. Automobile insurance; exclusion, cancellation or nonrenewal.
(a) The insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as
to designated individuals. Any such cancellation or refusal to renew shall be subject to the applicable provisions of § 3903
through and including § 3907 of this title, and the notice provisions of those said sections shall apply equally to the exclusion,
cancellation or refusal to renew coverage as to a designated individual or individuals.
(b) In any case where an insurer is authorized under this chapter to cancel or nonrenew any automobile policy under which
more than 1 person is insured because of the record of 1 or more, but less than all of the persons insured under the policy,
the insurer shall, in lieu of cancellation or nonrenewal, offer to continue or renew the insurance, but to exclude from coverage,
by name, the person or persons whose record would have justified the cancellation or nonrenewal. The premiums charged on any
such policy excluding a named driver or drivers shall not reflect the claims, experience or driving record of the excluded
named driver or drivers.
(c) With respect to any person excluded from coverage under this section, the policy may provide that the insurer shall not
be liable for damages, losses or claims arising out of this operation or use of the insured motor vehicle, whether or not
such operation or use was with the express or implied permission of a person insured under the policy.
(d) Every insurer shall be required to offer to the driver or drivers excluded under this section coverage of the same type
or types and in an amount or amounts at least as great as the types and amount of coverage carried on the vehicle or vehicles
that the designated person is being excluded from, which coverage shall be offered at rates commensurate with the driving
record of such excluded driver or drivers; provided, however, that such excluded driver or drivers shall not be required to
carry coverage in any amount or amounts greater than those amounts required by the financial responsibility law of the State.
(e) The excluded driver or drivers shall be required to accept this offer of coverage, to furnish proof that such coverage
is carried with another company, or surrender his/her motor vehicle operator's license to the Division of Motor Vehicles within
30 days after the offering of such coverage. Refusal to accept such coverage, the furnishing of adequate proof, or the failure
to surrender his/her operator's license within the 30 day period will cause the cancellation of the policy or policies that
they were excluded from. This provision shall apply as long as the designated individual could be considered a member of the
household or possible occasional driver of the vehicle or vehicles he or she is being excluded from.
18 Del. C. 1953, § 3909; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 201, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3910. Same -- Insurer's right to impose deductible on renewal.
Nothing in §§ 3903-3909 of this title shall prohibit or be construed to prohibit an insurer from requiring a provision for
a reasonable deductible not exceeding $100 in amount as to physical damage and comprehensive coverages of the policy as a
condition to renewal of an automobile insurance policy.
18 Del. C. 1953, § 3910; 56 Del. Laws, c. 380, § 1.;
§ 3911. Legislation affecting renewal of policies -- Notice of nonrenewal by insurer.
(a) Any legislation enacted subsequent to the enactment date of §§ 3904, 3905 and 3906 of this title, or subsequent legislation
affecting Chapter 21 of Title 21, shall not effect the renewal of policies as described in paragraph (2), subsection (a) of
§ 3903 of this title, unless the legislation itself so specifies.
(b) When an insurer intends not to renew a commercial liability insurance policy, other than an automobile insurance policy,
notice of such nonrenewal shall be given to the named insured, in writing, not less than 60 days prior to the end of the policy
period. For the purposes of this subsection, "renew" means the issuance and delivery by an insurer of a policy superseding
at the end of the policy period a policy previously issued and delivered by the same insurer or the issuance and delivery
of a certificate or notice extending the term of a policy beyond its policy period or term. Mailing of notice of intention
not to renew to the named insured at his/her address last of record with the insurer shall be by certified mail.
18 Del. C. 1953, § 3911; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 4; 66 Del. Laws, c. 309, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3912. Prohibition against premium increase in certain circumstances.
(a) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either
resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant
to § 1009 of Title 10.
(b) No premium may be increased on any contract of casualty insurance based on a license revocation or suspension imposed
on the named insured or any other operator who either resides in the same household or customarily operates an automobile
insured under such policy for a nondriving-related drug offense pursuant to § 2707(b)(11) or § 4177H(a) of Title 21.
(c) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either
resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant
to § 904 of Title 4.
(d) No premium may be increased on any contract of casualty insurance based solely on a license denial or suspension imposed
in accordance with § 516(g) or § 2216 of Title 13 on a named insured or any other operator who either resides in the same
household or customarily operates an automobile insured under such policy.
59 Del. Laws, c. 307, § 5; 69 Del. Laws, c. 125, § 6; 70 Del. Laws, c. 452, § 9; 71 Del. Laws, c. 216, § 87; 71 Del. Laws, c. 228, §§ 2, 4.;
§ 3913. Requests for driving records; limitation.
No insurer issuing a policy of insurance as described in this chapter shall, before such policy is issued, require that the
proposed insured provide such insurer with his/her driving record for any period other than the 3 years immediately preceding
the proposed effective date of such policy; provided, however, that if no violations or accidents are reflected on such record
for 2 years immediately preceding the proposed effective date of such policy during which period the insured held a valid
operator's license, then an insurer may not consider more than such 2-year period for the purpose of issuing a policy of insurance.
62 Del. Laws, c. 391, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3914. Notice of statute of limitations required.
An insurer shall be required during the pendency of any claim received pursuant to a casualty insurance policy to give prompt
and timely written notice to claimant informing claimant of the applicable state statute of limitations regarding action for
his/her damages.
63 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3915. Cash refund on cancellation of policy.
(a) No insurer shall honor a request for a cash refund on cancellation of a policy by the insured until such time as the insured
has provided sufficient evidence to the insurer that one of the following has occurred:
(1) The insured has other insurance in effect which provides at least such minimum insurance coverage as is set forth in §
2118 of Title 21.
(2) The insured vehicle is no longer owned by the insured.
(3) The vehicle is no longer operable or capable of being repaired so as to become operable.
(4) The insured becomes self-insured under the provisions of § 2904 of Title 21.
(b) The requirement of "sufficient evidence" under subsection (a) of this section is satisfied by the insured providing the
insurer with an affidavit certifying that any 1 of the conditions set forth in subsection (a) of this section has occurred.
The insurer shall notify any insured who requests a cash refund on cancellation of a policy of the requirements of this section,
and shall provide an appropriate form of affidavit, approved by the Insurance Commissioner (who is expressly authorized to
approve appropriate forms of such affidavit), for execution by the insured. Any form of affidavit presented to or executed
by an insured under this section shall bear a notice to the effect that false statements therein are punishable pursuant to
§ 1233 of Title 11.
67 Del. Laws, c. 142, § 1; 67 Del. Laws, c. 218, § 1.;
§ 3916. Unfair trade practices.
No insurance company, domestic or foreign, or any agent or employee shall require that automobile glass repair or replacement
work be performed by a particular facility, individual or business establishment as a condition of payment of a claim.
69 Del. Laws, c. 195, § 1.;
§ 3917. Military deployment as a factor in automobile insurance rates.
(a) An insurer shall not use a lapse in an insured's automobile insurance coverage as a factor in determining a new automobile
insurance policy rate if the lapse was due to the cancellation or nonrenewal of the policy by the insurer, or by the insured's
failure to pay the policy renewal premium, during or within 48 hours of the insured's deployment outside the continental United
States as a member of the military, military reserve, or National Guard. An insurer may require the insured to provide reasonable
documentation to verify the insured's deployment.
(b) The spouse of an insured protected by subsection (a) of this section shall be similarly protected if that spouse accompanies
the insured on the deployment.
76 Del. Laws, c. 263, § 1; 70 Del. Laws, c. 186, § 1.;
All contracts of casualty insurance covering subjects resident, located or to be performed in this State are subject to the
applicable provisions of Chapter 27 (The Insurance Contract) of this title, and to other applicable provisions of this title.
18 Del. C. 1953, § 3901; 56 Del. Laws, c. 380, § 1.;
§ 3902. Uninsured and underinsured vehicle coverage; insolvency of insurer.
(a) No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle shall be delivered
or issued for delivery in this State with respect to any such vehicle registered or principally garaged in this State unless
coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled
to recover damages from owners or operators of uninsured or hit-and-run vehicles for bodily injury, sickness, disease, including
death, or personal property damage resulting from the ownership, maintenance or use of such uninsured or hit-and-run motor
vehicle.
(1) No such coverage shall be required in or supplemental to a policy when rejected in writing, on a form furnished by the
insurer or group of affiliated insurers describing the coverage being rejected, by an insured named therein, or upon any renewal
of such policy or upon any reinstatement, substitution, amendment, alteration, modification, transfer or replacement thereof
by the same insurer unless the coverage is then requested in writing by the named insured. The coverage herein required may
be referred to as uninsured vehicle coverage.
(2) The amount of coverage to be so provided shall not be less than the minimum limits for bodily injury and property damage
liability insurance provided for under the motorist financial responsibility laws of this State. The coverage for property
damage shall be subject to a $250 deductible for property damage arising out of 1 accident, unless the insured and the insurer
agree in writing to a different deductible. As used herein, the term "property damage" shall include the loss of use of a
vehicle.
(3) For the purpose of this section, an uninsured vehicle shall be defined as:
a. One for which there is no auto liability bond, insurance or other security applicable at the time of the accident in at
least the amounts required by the financial responsibility law where the auto is principally garaged or registered;
b. One for which the insuring company denies coverage or becomes insolvent; or
c. A hit-and-run motor vehicle that causes an accident resulting in bodily injury or property damage to property of the insured.
Bodily injury or property damage must be caused by physical contact of the hit-and-run vehicle with the insured or with an
insured motor vehicle, or by a noncontact vehicle where the identity of both the driver and the owner of such vehicle are
unknown. The accident must be reported to the police or proper governmental authority. The insured must notify his/her insurer
within 30 days, or as soon as practicable thereafter, that the insured or his/her legal representative has a legal action
arising out of the accident.
(4) In the event of payment to any person under uninsured vehicle coverage and, subject to the terms of such coverage, to
the extent of such payment, the insurer shall be entitled to the proceeds of any settlement recovery from any person legally
responsible for the bodily injury or property damage as to which such payment was made and to amount recoverable from the
assets of the insolvent insurer of the other vehicle; provided, that this right of subrogation is limited to the amount of
coverage required by the financial responsibility law.
(b) Every insurer shall offer to the insured the option to purchase additional coverage for personal injury or death up to
a limit of $100,000 per person and $300,000 per accident or $300,000 single limit, but not to exceed the limits for bodily
injury liability set forth in the basic policy. Such additional insurance shall include underinsured bodily injury liability
coverage.
(1) Acceptance of such additional coverage shall operate to amend the policy's uninsured coverage to pay for bodily injury
damage that the insured or his/her legal representative are legally entitled to recover from the driver of an underinsured
motor vehicle.
(2) An underinsured motor vehicle is one for which there may be bodily injury liability coverage in effect, but the limits
of bodily injury liability coverage under all bonds and insurance policies applicable at the time of the accident total less
than the limits provided by the uninsured motorist coverage. These limits shall be stated in the declaration sheet of the
policy.
(3) The insurer shall not be obligated to make any payment under this coverage until after the limits of liability under all
bodily injury bonds and insurance policies available to the insured at the time of the accident have been exhausted by payment
of settlement or judgments.
(4) An insured who executes a release of a single tortfeasor owner or operator of an underinsured motor vehicle in exchange
for payment of the entire limits of liability insurance afforded by the tortfeasor's liability insurer shall continue to be
legally entitled to recover against that tortfeasor for the purposes of recovery against the insured's underinsurance carrier.
An insured who executes a release of 1 of multiple tortfeasors shall have rights against that tortfeasor and the insured's
underinsurance carrier determined in accordance with the Uniform Contribution Among Joint Tortfeasors Act and paragraph (3)
of this subsection.
(c) The affording of insurance under this section to more than 1 person or to more than 1 vehicle shall not operate to increase
the limits of the insurer's liability. When 2 or more vehicles owned or leased by persons residing in the same household are
insured by the same insurer or affiliated insurers, the limits of liability shall apply separately to each vehicle as stated
in the declaration sheet, but shall not exceed the highest limit of liability applicable to any 1 vehicle.
18 Del. C. 1953, § 3902; 56 Del. Laws, c. 380, § 1; 58 Del. Laws, c. 98, §§ 2, 3; 61 Del. Laws, c. 265, § 1; 63 Del. Laws, c. 243, § 1; 64 Del. Laws, c. 426, § 1; 67 Del. Laws, c. 180, § 1; 69 Del. Laws, c. 253, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3903. Cancellation or nonrenewal of automobile policy; definitions; scope.
(a) As used in §§ 3903-3907 of this title:
(1) "Policy" means any 1 or more of the following portions of an automobile insurance policy:
a. Insuring against bodily injury and property damage liability;
b. Insuring against physical damage;
c. Insuring against risks commonly included under "comprehensive coverage";
d. Relating to medical payments;
e. Providing uninsured motorist coverage, delivered or issued for delivery in this State, insuring a natural person as named
insured, or 1 or more related individuals resident of the same household, and under which the insured vehicles therein designated
are motor vehicles of the private passenger or station wagon type (not used for public or livery conveyance of passengers,
or rented to others) or any other 4 wheel motor vehicles with a load capacity of 1500 pounds or less not used in the occupation,
profession or business of the insured, and other than a policy of automobile liability insurance:
1. Issued under an assigned risk plan; or
2. Insuring more than 4 motor vehicles; or
3. Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards.
(2) "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy superseding at the end of the policy
period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice
extending the term of a policy beyond its policy period or term. Any policy with a policy period or term of less than 6 months
or any policy with no fixed expiration date shall for the purpose of this section be considered as if written for successive
policy periods or terms of 6 months.
(3) "Nonpayment of premium" means failure of the named insured to discharge when due any of his/her obligations in connection
with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the
insurer or its agent or indirectly under any premium finance plan or extension of credit.
(4) "Certified mail" as used in this chapter shall refer to the following as used by the postal service:
a. Certified mail;
b. Certified mail, return receipt;
c. Certified mailing list.
(b) Sections 3903-3907 of this title shall not apply to any policy which has been in effect less than 60 days at the time
notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
(c)(1) Notwithstanding § 3911 of this title, the transfer of a policyholder between authorized insurers within the same insurance
group is not a cancellation or nonrenewal if the policyholder's premium does not increase and the policyholder does not experience
a reduction in coverage. A policyholder so transferred must be provided with written notice of the transfer.
(2) A transfer under this subsection shall be treated as a renewal for purposes of the use of credit information pursuant
to Chapter 83 of this title.
(3) The notice required under this subsection shall be made no less than 20 days before the effective date of the proposed
transfer. The notice may be a part of a renewal form sent to the policyholder renewing the coverage by the new insurer.
(d) Where an insurer either fails to renew a policy or cancels a policy based solely upon the reason of nonpayment of premium,
the insurer shall renew the policy if the insured tenders to the insurer or its agent the full amount due within 30 days after
the end of the policy period. The renewed policy shall contain the same conditions at the same rates or premiums had he/she
paid his/her premium on the due date. The effective date of such renewed policy shall be the date of actual receipt by the
insurer or its agent of the full premium payment due. The renewed policy shall not cover and the insurer shall not be liable
for any losses occurring or claims which were sustained during the period from the end of the policy period until the date
the full premium payment was actually received by the insurer or its agent, regardless of whether or not such a loss or claim
would otherwise fit within the coverage of such a policy.
18 Del. C. 1953, § 3903; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 5; 63 Del. Laws, c. 243, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 217, § 1.;
§ 3904. Cancellation or nonrenewal of automobile policy -- Reasons for cancellation or nonrenewal.
(a) No notice of cancellation of a policy shall be effective and the insurer shall not refuse renewal or threaten to refuse
renewal of a policy unless based on 1 or more of the following reasons:
(1) Nonpayment of premium; or
(2) The policy was obtained through a material misrepresentation; or
(3) Any insured violated any of the terms and conditions of the policy; or
(4) The named insured knowingly failed to disclose fully his/her motor vehicle accidents and moving traffic violations, or
his/her losses covered under any automobile physical damage or comprehensive coverage, for the preceding 36 months, if called
for in the application; or
(5) As to renewal of the policy, if the insured at any time while the policy was in force failed to disclose fully to the
insurer, upon request therefor, facts relative to accidents and losses incurred material to underwriting of the risk; or
(6) Any insured made a false or fraudulent claim or knowingly aided or abetted another in the presentation of such a claim;
or
(7) The named insured or any other operator who either resides in the same household or customarily operates an automobile
insured under such policy:
a. Has, within the 36 months prior to the notice of cancellation or nonrenewal, had a driver's license under suspension or
revocation, except a child whose license has been revoked or suspended pursuant to § 1009 of Title 10, or whose license had
been revoked or suspended pursuant to § 904 of Title 4, or had a driver's license under suspension or revocation for a non-driving-related
drug offense pursuant to § 2707(b)(11) or § 4177K of Title 21; or
b. Has a history of and is subject to epilepsy or heart attacks, and such individual cannot produce a certificate from a physician
testifying to his/her unqualified ability to operate a motor vehicle safely; or
c. Has an accident record, conviction record (criminal or traffic), physical, mental or other condition which is such that
his/her operation of an automobile might endanger the public safety; or
d. Has, while the policy is in force, engaged in a competitive speed contest while operating an automobile insured under the
policy; or
e. Is addicted to or uses narcotics or other drugs; or
f. Uses alcoholic beverages to excess thereby impairing his/her ability to operate a motor vehicle; or
g. Has been convicted, or forfeited bail, during the 36 months immediately preceding the notice of cancellation or nonrenewal,
for:
1. Any felony; or
2. Criminal negligence resulting in death, homicide or assault arising out of the operation of a motor vehicle; or
3. Operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or
4. Leaving the scene of an accident without stopping to report; or
5. Theft or unlawful taking of a motor vehicle; or
6. Making false statements in an application for a driver's license; or
h. Has been convicted of, or forfeited bail, for 3 or more violations, the point total for which exceeds 8 points, or 3 at
fault accidents in which claims are paid in excess of $250 per accident within the 36 months immediately preceding the notice
of cancellation or nonrenewal, of any law, ordinance or regulation limiting the speed of motor vehicles or any of the provisions
of the motor vehicle laws of any state, violation of which constitutes a dangerous moving violation as set forth in Chapter
41 of Title 21, whether or not the violations were repetitions of the same offense or different offenses; or
(8) The insured automobile is:
a. So mechanically defective that its operation might endanger public safety; or
b. Used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool shall not be
considered use of an automobile for hire or compensation; or
c. Used in the business of transportation of flammables or explosives; or
d. An authorized emergency vehicle; or
e. Modified or changed in condition during the policy period so as to increase the risk substantially; or
f. Subject to an inspection law and has not been inspected or, if inspected fails to qualify.
(b)(1) Insureds protected by a policy covering 2 or more persons in a family or household shall not be subject to cancellation
or nonrenewal because of the wrongdoing or fault of another insured under the policy;
(2) In the event 1 or more of the insureds under such policy is subject to cancellation or nonrenewal, such insured shall
be excluded pursuant to the terms of § 3909 of this title;
(3) The excluded driver or drivers shall be required to furnish proof that the coverage required under Delaware law is carried
with another company or through the Delaware Automobile Insurance Plan, or surrender his or her motor vehicle operator's license
within 30 days.
(c) A policy may not be subject to cancellation or nonrenewal solely because the insured's driver license is denied or suspended
in accordance with § 516(g) or § 2216 of Title 13.
18 Del. C. 1953, § 3904; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 1; 59 Del. Laws, c. 307, § 4; 63 Del. Laws, c. 257, § 1; 69 Del. Laws, c. 125, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 452, § 10; 70 Del. Laws, c. 583, § 1; 71 Del. Laws, c. 216, § 88; 71 Del. Laws, c. 228, § 1; 72 Del. Laws, c. 448, § 1.;
§ 3905. Cancellation or nonrenewal of automobile policy -- Notice of cancellation or intention not to renew; notice of reasons.
(a) No cancellation of a policy to which § 3904(a) of this title applies shall be effective unless notice thereof is mailed
or delivered by the insurer to the named insured at least 30 days prior to the effective date of cancellation and accompanied
by the reason for cancellation, except that, where cancellation is for nonpayment of premium, at least 10 days notice of cancellation
accompanied by the reason therefor shall be given.
(b) No insurer shall fail to renew a policy except to which § 3903(b) of this title applies, unless it shall mail or deliver
to the named insured, at his/her address last of record with the insurer, at least 30 days advance notice of its intention
to nonrenew accompanied by the reason or reasons therefor. This subsection shall not apply in case of nonpayment of premium
or if the insurer has manifested its willingness to renew. Notwithstanding the failure of an insurer to comply with this subsection,
the policy shall terminate on the effective date of any other policy procured by the insured with respect to any automobile
designated in both policies. Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation
or nonrenewal which existed before the effective date of the renewal.
(c) The mailing of notice of cancellation, or of intention not to renew, to the named insured at his/her last address of record
with the insurer, shall be by certified mail. This subsection shall not apply in case of nonpayment of premium.
(d) When a policy is cancelled or nonrenewed, other than for nonpayment of premium, the insurer shall notify the named insured
of any possible eligibility for insurance through an automobile assigned risk plan. Such notice shall accompany or be included
in the notice of cancellation or the notice of intent not to renew, and shall state that such notice of availability of the
automobile assigned risk plan is given pursuant to this section.
(e) Each notice of cancellation, except as provided in § 3903(b), or nonrenewal of a policy shall contain or be accompanied
by a notice of the named insured's right to apply to the Commissioner for a hearing thereon.
18 Del. C. 1953, § 3905; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 2; 63 Del. Laws, c. 243, § 3; 70 Del. Laws, c. 186, § 1.;
§ 3906. Cancellation or nonrenewal of automobile policy -- Hearing before the Commissioner; filing fee; order.
(a) A named insured who wishes to contest the reason or reasons for a cancellation or nonrenewal to which § 3904 of this title
is applicable shall not less than 15 days prior to the effective date of cancellation or nonrenewal mail or deliver to the
Commissioner a request for a hearing, which shall state clearly the basis for the appeal and be accompanied by a filing fee
of $10. This subsection shall not apply to cancellation for nonpayment of premium. A cancellation or nonrenewal which is subject
to the provisions of § 3904 of this title shall be deemed effective, unless the Commissioner determines otherwise in accordance
with the provisions of such section.
(b) Within 3 working days after receipt of a timely request for a hearing, the Commissioner shall set a hearing date to be
held not less than 10 days prior to the effective date of the cancellation or nonrenewal. The Commissioner may, where he or
she finds that an unfairness will result to the insured because of delays or other circumstances beyond his/her control, extend
the effective date of cancellation or nonrenewal for a period not to exceed 4 days from the date the notice of cancellation
or nonrenewal was received by the insured. Each insurer authorized to transact automobile insurance in this State shall maintain
a file with the Commissioner of the name and address of the person authorized to receive notices pursuant to this section
on behalf of the insurer.
(c) The Commissioner, at the conclusion of any hearing provided for under subsection (b) above or not later than 2 days thereafter,
shall issue his/her written findings to the parties and, if he or she finds for the named insured, he or she shall assess
the insurer $10 to defray the cost of the hearing and shall refund the $10 filing fee to the named insured, and the Commissioner
shall either order the insurer to rescind its notice of cancellation or nonrenewal or, if the date cancellation or nonrenewal
is to be effective has lapsed, order the policy reinstated. Such order shall operate retroactively only to cover a period
not to exceed 15 days from the date cancellation or nonrenewal otherwise would have been effective and prospectively from
the date on which the order was issued, except that no policy shall be reinstated while the named insured is in arrears in
payment of premium on the policy. If the Commissioner finds for the insurer, the Commissioner's written order shall so state
and he or she shall assess the named insured $10 and apply the named insured's $10 filing fee against the assessment to defray
the cost of hearing. Reinstatement of a policy under this subsection shall not operate in any way to extend the expiration,
termination or anniversary date provided in the policy.
(d) The Commissioner shall promptly deposit all filing fees provided for in this section with the State Treasurer to the credit
of the General Fund of this State.
18 Del. C. 1953, § 3906; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 3; 70 Del. Laws, c. 186, § 1.;
§ 3907. Cancellation or nonrenewal of automobile policy -- Nonliability as to information; statements.
There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the
insurer, its authorized representative, its agents, its employees or any firm, person or corporation furnishing to the insurer
information as to reasons for cancellation or refusal to renew any policy under §§ 3903-3906 of this title, for any statement
made by any of them in any written notice or explanation of cancellation or refusal to renew, for the providing of information
pertaining thereto, or for statements made or evidence submitted at the hearings conducted in connection therewith.
18 Del. C. 1953, § 3907; 56 Del. Laws, c. 380, § 1.;
§ 3908. Cancellation or nonrenewal of automobile policy -- Exceptions related to insurer's condition.
Nothing contained in §§ 3903-3907 of this title shall be construed to prevent the cancellation or nonrenewal of any such insurance
where:
(1) Cancellation or nonrenewal is ordered under or in connection with a statutory delinquency proceeding commenced against
the insurer under Chapter 59 of this title (Rehabilitation and Liquidation); or
(2) Cancellation or nonrenewal has been consented to by the Commissioner on a showing that continuation of such insurance
can reasonably be expected to create a condition in the insurer hazardous to its policyholders, or to its creditors, or to
its members, subscribers or stockholders, or to the public.
18 Del. C. 1953, § 3908; 56 Del. Laws, c. 380, § 1.;
§ 3909. Automobile insurance; exclusion, cancellation or nonrenewal.
(a) The insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as
to designated individuals. Any such cancellation or refusal to renew shall be subject to the applicable provisions of § 3903
through and including § 3907 of this title, and the notice provisions of those said sections shall apply equally to the exclusion,
cancellation or refusal to renew coverage as to a designated individual or individuals.
(b) In any case where an insurer is authorized under this chapter to cancel or nonrenew any automobile policy under which
more than 1 person is insured because of the record of 1 or more, but less than all of the persons insured under the policy,
the insurer shall, in lieu of cancellation or nonrenewal, offer to continue or renew the insurance, but to exclude from coverage,
by name, the person or persons whose record would have justified the cancellation or nonrenewal. The premiums charged on any
such policy excluding a named driver or drivers shall not reflect the claims, experience or driving record of the excluded
named driver or drivers.
(c) With respect to any person excluded from coverage under this section, the policy may provide that the insurer shall not
be liable for damages, losses or claims arising out of this operation or use of the insured motor vehicle, whether or not
such operation or use was with the express or implied permission of a person insured under the policy.
(d) Every insurer shall be required to offer to the driver or drivers excluded under this section coverage of the same type
or types and in an amount or amounts at least as great as the types and amount of coverage carried on the vehicle or vehicles
that the designated person is being excluded from, which coverage shall be offered at rates commensurate with the driving
record of such excluded driver or drivers; provided, however, that such excluded driver or drivers shall not be required to
carry coverage in any amount or amounts greater than those amounts required by the financial responsibility law of the State.
(e) The excluded driver or drivers shall be required to accept this offer of coverage, to furnish proof that such coverage
is carried with another company, or surrender his/her motor vehicle operator's license to the Division of Motor Vehicles within
30 days after the offering of such coverage. Refusal to accept such coverage, the furnishing of adequate proof, or the failure
to surrender his/her operator's license within the 30 day period will cause the cancellation of the policy or policies that
they were excluded from. This provision shall apply as long as the designated individual could be considered a member of the
household or possible occasional driver of the vehicle or vehicles he or she is being excluded from.
18 Del. C. 1953, § 3909; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 201, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3910. Same -- Insurer's right to impose deductible on renewal.
Nothing in §§ 3903-3909 of this title shall prohibit or be construed to prohibit an insurer from requiring a provision for
a reasonable deductible not exceeding $100 in amount as to physical damage and comprehensive coverages of the policy as a
condition to renewal of an automobile insurance policy.
18 Del. C. 1953, § 3910; 56 Del. Laws, c. 380, § 1.;
§ 3911. Legislation affecting renewal of policies -- Notice of nonrenewal by insurer.
(a) Any legislation enacted subsequent to the enactment date of §§ 3904, 3905 and 3906 of this title, or subsequent legislation
affecting Chapter 21 of Title 21, shall not effect the renewal of policies as described in paragraph (2), subsection (a) of
§ 3903 of this title, unless the legislation itself so specifies.
(b) When an insurer intends not to renew a commercial liability insurance policy, other than an automobile insurance policy,
notice of such nonrenewal shall be given to the named insured, in writing, not less than 60 days prior to the end of the policy
period. For the purposes of this subsection, "renew" means the issuance and delivery by an insurer of a policy superseding
at the end of the policy period a policy previously issued and delivered by the same insurer or the issuance and delivery
of a certificate or notice extending the term of a policy beyond its policy period or term. Mailing of notice of intention
not to renew to the named insured at his/her address last of record with the insurer shall be by certified mail.
18 Del. C. 1953, § 3911; 56 Del. Laws, c. 380, § 1; 59 Del. Laws, c. 154, § 4; 66 Del. Laws, c. 309, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3912. Prohibition against premium increase in certain circumstances.
(a) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either
resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant
to § 1009 of Title 10.
(b) No premium may be increased on any contract of casualty insurance based on a license revocation or suspension imposed
on the named insured or any other operator who either resides in the same household or customarily operates an automobile
insured under such policy for a nondriving-related drug offense pursuant to § 2707(b)(11) or § 4177H(a) of Title 21.
(c) No premium may be increased on any contract of casualty insurance based on a named insured or any other operator who either
resides in the same household or customarily operates an automobile insured under such policy being revoked or suspended pursuant
to § 904 of Title 4.
(d) No premium may be increased on any contract of casualty insurance based solely on a license denial or suspension imposed
in accordance with § 516(g) or § 2216 of Title 13 on a named insured or any other operator who either resides in the same
household or customarily operates an automobile insured under such policy.
59 Del. Laws, c. 307, § 5; 69 Del. Laws, c. 125, § 6; 70 Del. Laws, c. 452, § 9; 71 Del. Laws, c. 216, § 87; 71 Del. Laws, c. 228, §§ 2, 4.;
§ 3913. Requests for driving records; limitation.
No insurer issuing a policy of insurance as described in this chapter shall, before such policy is issued, require that the
proposed insured provide such insurer with his/her driving record for any period other than the 3 years immediately preceding
the proposed effective date of such policy; provided, however, that if no violations or accidents are reflected on such record
for 2 years immediately preceding the proposed effective date of such policy during which period the insured held a valid
operator's license, then an insurer may not consider more than such 2-year period for the purpose of issuing a policy of insurance.
62 Del. Laws, c. 391, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3914. Notice of statute of limitations required.
An insurer shall be required during the pendency of any claim received pursuant to a casualty insurance policy to give prompt
and timely written notice to claimant informing claimant of the applicable state statute of limitations regarding action for
his/her damages.
63 Del. Laws, c. 236, § 1; 70 Del. Laws, c. 186, § 1.;
§ 3915. Cash refund on cancellation of policy.
(a) No insurer shall honor a request for a cash refund on cancellation of a policy by the insured until such time as the insured
has provided sufficient evidence to the insurer that one of the following has occurred:
(1) The insured has other insurance in effect which provides at least such minimum insurance coverage as is set forth in §
2118 of Title 21.
(2) The insured vehicle is no longer owned by the insured.
(3) The vehicle is no longer operable or capable of being repaired so as to become operable.
(4) The insured becomes self-insured under the provisions of § 2904 of Title 21.
(b) The requirement of "sufficient evidence" under subsection (a) of this section is satisfied by the insured providing the
insurer with an affidavit certifying that any 1 of the conditions set forth in subsection (a) of this section has occurred.
The insurer shall notify any insured who requests a cash refund on cancellation of a policy of the requirements of this section,
and shall provide an appropriate form of affidavit, approved by the Insurance Commissioner (who is expressly authorized to
approve appropriate forms of such affidavit), for execution by the insured. Any form of affidavit presented to or executed
by an insured under this section shall bear a notice to the effect that false statements therein are punishable pursuant to
§ 1233 of Title 11.
67 Del. Laws, c. 142, § 1; 67 Del. Laws, c. 218, § 1.;
§ 3916. Unfair trade practices.
No insurance company, domestic or foreign, or any agent or employee shall require that automobile glass repair or replacement
work be performed by a particular facility, individual or business establishment as a condition of payment of a claim.
69 Del. Laws, c. 195, § 1.;
§ 3917. Military deployment as a factor in automobile insurance rates.
(a) An insurer shall not use a lapse in an insured's automobile insurance coverage as a factor in determining a new automobile
insurance policy rate if the lapse was due to the cancellation or nonrenewal of the policy by the insurer, or by the insured's
failure to pay the policy renewal premium, during or within 48 hours of the insured's deployment outside the continental United
States as a member of the military, military reserve, or National Guard. An insurer may require the insured to provide reasonable
documentation to verify the insured's deployment.
(b) The spouse of an insured protected by subsection (a) of this section shall be similarly protected if that spouse accompanies
the insured on the deployment.
76 Del. Laws, c. 263, § 1; 70 Del. Laws, c. 186, § 1.;