§ 3921 — Youth in foster care status as a factor in automobile insurance rates

(a) For purposes of this section, “youth in foster care” means any of the following:

(1) An individual in Department of Children, Youth, and Their Families (“Department”) custody under Chapter 25 of Title 13.

(2) An individual who exited Department custody to adoption or guardianship at age 16 or later.

(3) An individual who exited Department custody at age 18.

(4) [Repealed.]

(5) An individual who receives independent living services from the Department.

(b) An insurer may not use any of the following as a factor in determining a youth in foster care’s new automobile insurance policy rate:

(1) A lapse in the youth in foster care’s automobile coverage if any of the following apply:

a. The lapse was due to the cancellation or nonrenewal of a policy because of the cancellation of the youth in foster care’s participation in the program established under § 9011A of Title 29.

b. The youth in foster care has used all resources available under the program established under § 9011A of Title 29 or otherwise becomes ineligible for the program.

(2) That the youth in foster care did not receive a Class D operator’s license through the youth in foster care’s participation in the Level 1 Learner’s Permit process under § 2710 of Title 21.

(c) An insurer may require a youth in foster care to provide reasonable documentation to verify the youth in foster care’s change in eligibility for the program established under § 9011A of Title 29.

Legislative History

83 Del. Laws, c. 453, §§ 3, 11 ; 84 Del. Laws, c. 345, § 2