§ 2713 — Grounds for disapproval

The Commissioner shall disapprove any form filed under § 2712 of this title, or withdraw any previous effectiveness thereof, only on 1 or more of the following grounds:

(1) If it is in any respect in violation of or does not comply with this title.

(2) If it contains or incorporates by reference, where such incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract.

(3) If it has any title, heading or other indication of its provisions which is misleading.

(4) If the benefits provided therein are unreasonable in relation to the premium charged, or if it contains any unjust, unfair or inequitable provision or provisions.

(5) If it contains a provision or provisions such as to encourage misrepresentation.

Legislative History

18 Del. C. 1953, § 2713; 56 Del. Laws, c. 380, § 1 ; 83 Del. Laws, c. 318, § 1