§ 6810 — Definitions

Delaware § 6810

• Jurisdiction: Delaware
• Title: 16
• Part: Safety
• Ch. 68: EXEMPTIONS FROM CIVIL LIABILITY
• Subch.: Immunity for Reporting of Arson

Text

(a) As used in this subchapter:

(1) “Action” shall include nonaction or the failure to take action.

(2) “Authorized agencies” shall mean:

a. The State Fire Marshal, or the Marshal’s equivalent in any political subdivision of the State, when authorized or charged with the investigation of fires at the place where the fire actually took place;

b. The State Police or police of a duly organized county or municipal police agency;

c. The Department of Justice of the State;

d. County law departments or the solicitor of a municipality;

e. The Federal Bureau of Investigation or any other federal agency;

f. The United States Attorney’s Office when authorized or charged with investigation or prosecution of the fire in question.

(3) “Immune” shall mean that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this subchapter where actual malice on the part of the insurance company or authorized agency against the insured is not present.

(4) Material will be “deemed important,” if within the sole discretion of the “authorized agency,” such material is requested by that “authorized agency”.

(5) “Relevant” shall mean information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.

(b) As used in this section “insurance company” includes the Insurance Placement Facility of Delaware (FAIR Plan).

Legislative History

62 Del. Laws, c. 222, § 1 ; 70 Del. Laws, c. 186, § 1