Delaware § 4130 Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8]

Delaware Statutes

§ 4130 — Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8]

Delaware § 4130

JurisdictionDelaware

Title18

PartInsurance

Ch. 41PROPERTY INSURANCE CONTRACTS

Subch.Declinations, Renewals and Cancellations of Property Insurance Contracts

This text of Delaware § 4130 (Nonrenewal [For application of this section, see 79 Del. Laws, c. 390, § 8]) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 18, § 4130 (2026).

Text

(a)(1) An insurer may not refuse to renew a policy of homeowners insurance solely on the basis of: a. Claims caused by weather, unless 3 or more such claims have been made against the policy during the 36 months immediately preceding the expiration of the current policy period; or b. Claims not caused by weather, unless 2 or more claims have been made against the policy during the 60 months immediately preceding the expiration of the current policy period; or c. A combination of claims caused by weather and claims not caused by weather, unless such combination of 3 or more claims has been made against the policy during the 48 months immediately preceding the expiration of the current policy period; or d. Claims closed without payment, notwithstanding any other provision of this sectio

Free access — add to your briefcase to read the full text and ask questions with AI

(a) (1) An insurer may not refuse to renew a policy of homeowners insurance solely on the basis of:

a. Claims caused by weather, unless 3 or more such claims have been made against the policy during the 36 months immediately preceding the expiration of the current policy period; or

b. Claims not caused by weather, unless 2 or more claims have been made against the policy during the 60 months immediately preceding the expiration of the current policy period; or

c. A combination of claims caused by weather and claims not caused by weather, unless such combination of 3 or more claims has been made against the policy during the 48 months immediately preceding the expiration of the current policy period; or

d. Claims closed without payment, notwithstanding any other provision of this section.

(2) However, an insurer may nonrenew a homeowner’s policy if:

a. The claim or claims asserted against the policy demonstrate that there has been a reasonably substantial change or increase in the hazard or in the risk assumed by the carrier subsequent to the date the policy was issued, and such nonrenewal is applied to other homeowners policies similarly situated; or

b. The policyholder has refused or failed to make reasonably necessary changes or repairs after being notified by the insurer that failure to make such changes or repairs will constitute a breach of contractual duties, conditions or warranties that will change or increase the hazard or risk assumed by the insurer subsequent to the date the policy was issued.

(b) “Homeowners insurance” for purposes of this section and § 4131 of this title shall mean property insurance as defined at §§ 4103(5)d. and 4120 of this title insuring any real or personal property used by a person as a permanent or temporary place of residence.