§ 6102 — Approval of rescission

Delaware § 6102

• Jurisdiction: Delaware
• Title: 18
• Part: Insurance
• Ch. 61: PROHIBITION OF RESCISSIONS BASED UPON POST-CLAIMS UNDERWRITING

Text

An insurer shall apply for approval of such rescission, cancellation or limitation by submitting such written information to the Insurance Commissioner on an application in such appropriate form as the Commissioner prescribes. Such insurer shall provide a copy of the application for such approval to the insured or the insured’s representative. Not later than 7 business days after receipt of the application for such approval, the insured or the insured’s representative shall have an opportunity to respond and submit relevant information to the Commissioner with respect to such application. Not later than 15 business days after the submission of information by the insured or the insured’s representative, the Commissioner shall issue a written decision on such application. The Commissioner shall approve such rescission, cancellation or limitation if the Commissioner finds that:

(1) The written information submitted on or with the insurance application was false at the time such application was made and the insured or such insured’s representative knew or should have known of the falsity therein, and such submission materially affects the risk or the hazard assumed by the insurer or health care center; or

(2) The information omitted from the insurance application was knowingly omitted by the insured or such insured’s representative, or the insured or such insured’s representative should have known of such omission, and such omission materially affects the risk or the hazard assumed by the insurer or health care center. Such decision shall be mailed to the insured, the insured’s representative, if any, and the insurer.

Legislative History

77 Del. Laws, c. 471, § 1