Casualty Insurance Contracts

What this document is

Delaware Code Title 18 (Insurance Code) Chapter 39 - Casualty Insurance Contracts (Secs. 3901-3921) is a state statute published by Delaware General Assembly, Delaware Code Online (delcode.delaware.gov). It is one of the Delaware documents that insurance license exam questions are written from, including delaware property & casualty, delaware personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• 18 Del. C. § 3902(a)(1) (Uninsured and underinsured vehicle coverage; written rejection)

  “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,...”

• 18 Del. C. § 3912(e) (Prohibition against premium increase or termination in certain circumstances)

  “No insurer may terminate, or increase any premium on, a contract of casualty insurance solely 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 serving as a driver who is not monetarily compensated...”

• 18 Del. C. § 3906(a) (Appeal to the Commissioner; order)

  “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 20 days prior to the effective date of cancellation or nonrenewal mail or deliver to the Commissioner a request for a review, which shall...”

• 18 Del. C. § 3909(b) (Automobile insurance; exclusion, cancellation or nonrenewal)

  “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...”

• 18 Del. C. § 3905(a) (Notice of cancellation or intention not to renew; notice of reasons)

  “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...”

• 18 Del. C. § 3902(b) (Uninsured and underinsured vehicle coverage; additional coverage)

  “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.”

• 18 Del. C. § 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 or her driving record for any period other than the 3 years immediately preceding the proposed effective date of such policy;...”

• 18 Del. C. § 3902(a)(3)c. (Uninsured and underinsured vehicle coverage; definition of uninsured vehicle)

  “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...”

• 18 Del. C. § 3902(b)(4) (Uninsured and underinsured vehicle coverage; release of tortfeasor)

  “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...”

• 18 Del. C. § 3905(d) (Notice of cancellation or intention not to renew; assigned risk notice)

  “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...”

• 18 Del. C. § 3909(c) (Automobile insurance; exclusion, cancellation or nonrenewal)

  “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...”

• 18 Del. C. § 3902(a)(1) (Uninsured vehicle coverage; written rejection on insurer's form)

  “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”

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