18 Del. Admin. Code § 606-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 606-5.0 - Insurance Identification Cards for Personal Lines Coverage

5.1 The Insurance Identification Card for privately owned or leased motor vehicles, for vehicles that are used non-commercially but covered under commercial lines policies, or both shall contain the following information, whether the Insurance Identification Card is provided in written or electronic format:

5.1.1 The statement "The Insurance Identification Card must be carried in the vehicle at all times" shall be shown on the face of the Insurance Identification Card if space is available; otherwise this statement may appear on the back of the Insurance Identification Card;

5.1.2 The Insurance Identification Card shall be identified as "Insurance Identification Card";

5.1.3 The insurance company name shall be printed on the face of the Insurance Identification Card. If the insurer is part of a group, the group name may be printed on the Insurance Identification Card so long as the card clearly identifies the name of the insurer issuing the insurance;

5.1.4 Insurer's 5 digit National Association of Insurance Commissioners ("NAIC") company identification number;

5.1.5 The name of the named insured, which must match the name of the named insured as carried in the insurer's records;

5.1.6 The address of the insured, to be included at the insurer's option;

5.1.7 Policy Number;

5.1.8 Effective date and the time period during which the policy shall be in effect;

5.1.9 Expiration Date. The Insurance Identification Card shall be valid for no more than the term stated in the policy but not to exceed 6 months. Notwithstanding the foregoing limitation, an Insurance Identification Card may be issued for a period of 12 months if the premium has been written on an annual basis and the premium is being paid in installments of no more than for a 12-month period. The expiration date shall be stated in such manner that the exact date of expiration can be clearly identified. For purposes of subsection 5.1.9 of this regulation, a policy renewed in the same company with a lapse in coverage of 30 days or less shall be considered to have been continuously insured by a licensed insurance company during the preceding six months; and

5.1.10 Vehicle or Vehicles Insured. Information shall be completed by indicating any of the following, depending on the type of policy or vehicle involved:

5.1.10.1 Year, Make, and Vehicle Identification Number ("VIN") of the vehicle or vehicles insured. Model of the vehicle may be shown as the Make. The Year and Make of the vehicle may be abbreviated, but the complete VIN must be shown.

5.1.11 Items which are not obvious as to meaning shall be appropriately captioned.

5.2 The order of the information to be contained on the Insurance Identification Card may be rearranged at the option of the company, provided there is no drastic change and the rearrangement is necessary to accommodate a fixed printout system already established by a company.

5.3 At least 1 Insurance Identification Card shall be issued for each vehicle insured under the policy for which liability insurance is in effect.

5.4 If a vehicle is specifically described on the Insurance Identification Card, the company must issue a new Insurance Identification Card upon either a change of vehicle or the acquisition of any additional one. If a different policy number is assigned upon renewal, a new Insurance Identification Card must also be issued. The expiration date requirement of subsection 5.1.9 of this regulation shall apply to an insured's replacement or additional insured vehicle in a manner similar to the previously owned or insured vehicle. The owner of the vehicle shall so inform the insurer of the additional or replacement vehicle. Only after the insurer is so informed, shall the insurer be obligated to issue an Insurance Identification Card to the insured for the additional or replacement vehicle.

5.5 A letter or notification should accompany every Insurance Identification Card advising the insured that the Insurance Identification Card is required to register the vehicle, to obtain new tags, and to serve as evidence of insurance for the law enforcement authorities, e.g., in cases involving accidents, moving traffic violations or road spot checks. This notification may be printed on the back of the Insurance Identification Card. Delaware law requires the Insurance Identification Card to be in the vehicle when it is being operated.

5.6 The Division of Motor Vehicles will accept for registration purposes a copy of the application for insurance or the assignment notice or binder pending issuance of insurance or the assignment notice pending issuance of the Insurance Identification Card. However, such evidence of insurance will be accepted for registration purposes only if it has been dated prior to the date and no later than the day preceding the date of application for registration. For Assigned Risk coverage, insurers shall instruct their agents to place an insurer identification code of "99999" on applications to indicate placement with the Assigned Risk Plan.

5.7 Insurance Identification Cards shall be issued in conformance with subsection 5.1 of this regulation. The Insurance Commissioner may exercise his statutory authority to investigate and examine the compliance of insurance carriers with this regulation. The Insurance Commissioner may, after notice and hearing, impose and enter an order as follows:

5.7.1 For each occasion where the Insurance Commissioner determines that an Insurance Identification Card was issued inadvertently in non-compliance with subsection 5.1.9 of this regulation, the insurer shall be fined $100. No fine, however, shall be imposed if the Insurance Identification Card was validly issued.

5.7.2 For each occasion where the Insurance Commissioner determines an Insurance Identification Card was issued with disregard of the requirements of subsection 5.1.9 of this regulation, but with no pattern of conscious disregard, the insurer shall be fined $1,000.

5.7.3 For each occasion where the Insurance Commissioner determines an Insurance Identification Card was issued as part of a pattern of conscious disregard of the requirements of subsection 5.1.9 of this regulation, the insurer shall be fined $2,000.

5.8 "Date of issuance" of an Insurance Identification Card shall be the effective date of that Insurance Identification Card.

18 Del. Admin. Code § 606-5.0

11 DE Reg. 800 (12/01/07)
12 DE Reg. 346 (09/01/08)
19 DE Reg. 414 (11/1/2015)
23 DE Reg. 929 (5/1/2020)
26 DE Reg. 867 (4/1/2023) (Final)