18 Del. Admin. Code § 101-8.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 101-8.0 - Other Responsibilities
8.1 In addition to the regulatory and quasi-judicial functions of the Insurance Commissioner, the Insurance Code has charged the Commissioner with the duty of administering various other activities and subjects such as:

Collection of Fees and Taxes (18 Del.C. Ch. 7)

Review of Companies' Assets and Liabilities (18 Del.C. Ch. 11).

Company Investment Placement (18 Del.C. Ch. 13).

Administration of Deposits (18 Del.C. Ch. 15).

Authorization of Surplus Lines Insurers (18 Del.C. Ch. 19).

Unauthorized Insurers - Prohibitions, Process and Advertising (18 Del.C. Ch. 21).

Trade Practices and Frauds (18 Del.C. Ch. 23).

Life Insurance and Annuity Contracts (18 Del.C. Ch. 29).

Group Life Insurance Contracts (18 Del.C. Ch. 31).

Health Insurance Contracts (18 Del.C. Ch. 33).

Group and Blanket Health Insurance (18 Del.C. Ch. 35).

Credit Life and Credit Health Insurance (18 Del.C. Ch. 37).

Casualty Insurance Contracts (18 Del.C. Ch. 39).

Property Insurance Contracts (18 Del.C. Ch. 41).

Surety Insurance Contracts (18 Del.C. Ch. 43).

Title Insurance Contracts (18 Del.C. Ch. 45).

Financing of Insurers (18 Del.C. Ch. 47).

Premium Finance Companies (18 Del.C. Ch. 48).

Organization and Corporate Procedures., Powers of Domestic Stock and Mutual Insurers (18 Del.C. Ch. 49).

Insider Trading and Domestic Insurer Securities (18 Del.C. Ch. 51).

Mutual Assessment Property Insurers (18 Del.C. Ch. 53).

Mutual Benefit Associations (18 Del.C. Ch. 55).

Reciprocal Insurers (18 Del.C. Ch. 57).

Fraternal Benefit Societies (18 Del.C. Ch. 61).

Health Service Corporations, including Blue Cross and Blue Shield of DE, Inc. (18 Del.C. Ch. 63).

Suretyships (18 Del.C. Ch. 77).

Fair Plan. The Plan is administered pursuant to 19 Del.C. Ch. 41 and is purpose is to make basic property insurance available for qualified property.

Assigned Risk Plan (Delaware Automobile Insurance Plan). The Plan is administered by the Commissioner pursuant to 18 Del.C. § 2527. The information contained in the Delaware manual published, and as amended from time to time, on the internet at https://www.aipso.com/DEManuals/ is incorporated herein by reference and made a part of this regulation. It provides for:

(1) the equitable apportionment, among all the insurers writing automobile insurance in this State, of insurance which shall be afforded applicants who are in good faith entitled to, but are unable to procure insurance through ordinary methods and
(2) reasonable rates for such insurance and
(3) such other rules as are necessary to effect and maintain the Assigned Risk Plan.

Automobile Arbitration Panel. Pursuant to 21 Del.C., § 2118(i), the Commissioner has established a panel of arbitrators consisting of licensed attorneys and insurance adjusters licensed in this State and promulgated Regulation No. 1401 (Formerly Regulation No. 10) to administer the panel. Each insurer is required to submit to arbitration for losses and damages to motor vehicles as covered under 21 Del.C. § 2118(a)(2).

Delaware Insurance Guaranty Association (IGA). Pursuant to 18 Del.C. Ch. 42, the Commissioner has caused the IGA to be created. Its function is to assess each automobile insurer in this State an amount determined by the IGA Board of Directors and to pay covered claims against an insolvent insurer, less $100 deductible, from assessment fund.

Medical Malpractice Review Panel. Pursuant to 18 Del.C. Ch. 68, the Commissioner has compiled, subject to certain limitations, a list of 100 objective and judicious persons of appropriate education and experience residing in this State and list of all physicians and attorneys who have been licensed to practice in this State from which the Review Panel will be chosen by the parties thereto. The Commissioner has adopted and published such rules and regulations as necessary and shall convene the Panel upon proper request. The Commissioner shall forward the name of every health care provider against whom a settlement is made or judgment is rendered under the chapter to the appropriate agency for licensure or professional registration and examination for review of the fitness of the health care provider to practice his profession.

18 Del. Admin. Code § 101-8.0

11 DE Reg. 218 (08/01/07)