Delaware Insurance Guaranty Association Act
Delaware · Insurance Code · §§ 18-4201 to 18-4223 · 22 sections
Overview
This act establishes a nonprofit guaranty association that all property and casualty insurers licensed in the state must join, funded by assessments on member insurers based on their net direct written premiums. When a member insurer becomes insolvent, the association steps in to pay covered claims of that insurer's policyholders and claimants, subject to statutory definitions, exclusions, and limits, and it takes on the insolvent insurer's rights and defenses through subrogation while claimants must first exhaust other available coverage. The act also sets out the association's board and plan of operation, gives the insurance regulator supervisory and examination authority, provides tools for detecting and preventing insurer insolvency, allows insurers to recoup assessments through rates, and grants immunity from liability for actions taken under it.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Del. Code tit. 18, § 4201Title
- Del. Code tit. 18, § 4202Purpose
- Del. Code tit. 18, § 4203Scope
- Del. Code tit. 18, § 4204Construction
- Del. Code tit. 18, § 4205Definitions
- Del. Code tit. 18, § 4206Creation of the Association
- Del. Code tit. 18, § 4207Board of Directors
- Del. Code tit. 18, § 4208Powers and duties of the Association
- Del. Code tit. 18, § 4209Plan of operation
- Del. Code tit. 18, § 4210Duties and powers of the Commissioner
- Del. Code tit. 18, § 4211Effect of paid claims
- Del. Code tit. 18, § 4212Exhaustion of other coverage
- Del. Code tit. 18, § 4213Prevention of insolvencies
- Del. Code tit. 18, § 4214Examination of the Association
- Del. Code tit. 18, § 4215Tax exemption
- Del. Code tit. 18, § 4216Recognition of assessments in rates
- Del. Code tit. 18, § 4217Immunity
- Del. Code tit. 18, § 4218Stay of proceedings; reopening of default judgments
- Del. Code tit. 18, § 4219Recoupment of assessment
- Del. Code tit. 18, § 4220Preferred creditor status
- Del. Code tit. 18, § 4221Access to assets of insolvent insurer; application for court approval of plan to disburse assets
- Del. Code tit. 18, § 4223Applicability
Enacted in other states
Alaska, Alabama, Colorado, Connecticut, Florida, Hawaii, Iowa, Kentucky, Maine, Minnesota, Montana, North Carolina, New Hampshire, New Hampshire, Nevada, Tennessee, Washington, West Virginia, Wyoming
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