Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2017

Authenticated PDF Version

18 DE Admin. Code 603
Background: Title 18 of the Delaware Administrative Code governs Insurance matters. House Bill 114, "An Act to Amend Title 21 of the Delaware Code Relating to Bodily Injury and Property Damage Coverage on Motor Vehicles," was signed into law by the Governor on June 13, 2017 and becomes effective on December 13, 2017 (six months after the date of enactment). The Act amends 21 Del.C. §2902 to raise the minimum bodily injury and property damage limits in all automobile insurance policies newly written or renewed after the effective date of the Act, as follows:
The Department's regulation, 18 DE Admin. Code 603, contains a Form A, which is the Coverage Election form that must be presented by the insurer, broker or agent to the policyholder and acknowledged by obtaining the policyholder's signature, and that describes various types and levels of coverage. By way of this notice, the Department is updating Form A to reflect the revised coverage minimums promulgated by HB 114. These coverage minimums will be effective as of December 13, 2017. This amendment is exempt from the requirement of public notice and comment because it is an amendment to existing regulations to make them consistent with changes in basic law but which do not otherwise alter the substance of the regulations, pursuant to 29 Del.C. §10113(b)(5).
Amendments that the Department is making that are exempt from the requirement of public notice and comment because they are nonsubstantive changes in existing regulations that correct typographical and style errors pursuant to 29 Del.C. §10113(b)(4) include changing the lower case "a" in the title to section 11 to an upper case "A" so that the section title reads, "Delaware Form A 'Coverage Election'," deleting the stray quotation mark at the end of paragraph 12.3, and deleting the paragraph numbers 3.1, 5.1, 7.1, 13.1, 14.1, and 5.1 as extraneous pursuant to the Delaware Administrative Code Style Manual.
It is so ordered. This 18th day of July, 2017.
1.1 This Regulation is adopted by the Commissioner pursuant to 18 Del.C. §§311 and 2712, 21 Del.C. §2118 and promulgated in accordance with the Delaware Administrative Procedures Act, Title 29 Del.C. Ch. 101.
1.2 21 Del.C. §2118 provides that policies purporting to meet the requirements of the Section must provide coverage and policyholder notifications required by that Section.
3.1 The provisions herein required need not be stated in the language or form of these regulations, but the coverage afforded shall be equal or of greater benefit to the insured with the exception of the requirement stated in section 11.1.
"Bodily Injury" means bodily injury to a person and sickness, disease or death which results from it.
"Funeral Expenses" means reasonable, customary and necessary expenses incurred within two years of the accident for professional funeral services. These expenses include the cost of a burial plot for one person.
"Injured Person" is as defined in 21 Del.C. §2118(a)(5).
"Innocent Third Parties" means claimants who at the time of the event leading to the claim (1) were not in violation of any Rules of the Road as promulgated under Title 21, Delaware Code and (2) whose activities did not contribute in any way to the accident. This presumption may be rebutted by clear and convincing evidence.
"Loss of Earnings" means loss of salary or its equivalent, net of taxes which were lost by reason of inability to work. This covers loss of wages, salary or lost earnings of a self-employed person. Payment of lost earnings is to be at the time they are actually lost.
“Loss of Use” means expenses necessarily and actually incurred by the named insured as a result of damage to the insured motor vehicle.
"Medical Expenses" means reasonable charges for necessary medical, hospital, dental, surgical, x-ray, ambulance, professional nursing services and prosthetic devices.
"Motor Vehicle" means a land motor vehicle, including a trailer or semi‑trailer as used therewith, required to be registered, licensed and required to carry insurance under the Financial Responsibility Laws.
"Nonstandard" means an insured policyholder who is unable to procure insurance through the standard market and whose premium charge is in excess of the premium charged by the Delaware Automobile Insurance Plan ("DAIP") for similar (though not identical) coverage.
"Substitute Service Expenses" means reasonable and necessary extra‑incurred expense for personal services which would have been performed by the injured person had he or she not been injured.
"Wilmington Auto Accident Reparations Arbitration Committee or Its Successors" as described at 21 Del.C. §2118(g)(3) is deemed to include the insurance industry forums including the nationwide intercompany arbitration agreement, special arbitration agreement forum, automobile accident reparations arbitration agreement.
5.1 The insurer shall undertake to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage caused by accident and arising out of ownership, maintenance or use of a motor vehicle. The policy shall designate by explicit description or by appropriate reference the motor vehicle to which this coverage applies. Indemnity from such legal liability shall be to a limit of at least the Financial Responsibility Laws of the State of Delaware and, if a single limit for such bodily injury and property damage liability is provided, such single limit shall be not less than the sum of the bodily injury and property damage limits stated in the Financial Responsibility Laws for any one accident.
6.2 The policy must have minimum limits for this coverage as stated in 21 Del.C. §2118. The policy may provide for higher limits of compensation but the compensation for funeral expenses included in the foregoing shall not exceed the sum of $5000 per person. Personal injury protection benefits shall be payable within 30 days of the demand thereof by the claimants provided that reasonable proof of loss for which the benefits as demanded has been submitted to the PIP carrier.
7.1 Compensation for damage to property arising as a result of an accident involving the motor vehicle, other than damage to a motor vehicle, aircraft, watercraft, self-propelled mobile equipment and any property in or upon any of the aforementioned, with the minimum limits of $10,000 for any one accident. Payments under this section shall be excess over other valid and collectible insurance.
11.0 Delaware Form a A "Coverage Election"
11.1 The coverage election form (Delaware Form A), attachment to Regulation 603 (Formerly Regulation No. 9), shall be properly presented by the insurer, broker, or agent to the policyholder, and acknowledged by the policyholder's signature. Proper presentation by the insurer, where possible, should be in person at the time application is made. If personal presentation is not possible, or if there is further need for clarification, insurers may present Form A by mail. The language or context of Form A shall be as shown unless, in accordance with filings made with this office, the insurer offers options, deductibles, etc., other than those described on the approved form. Any amended Form A shall clearly describe all additional options of coverage and must be filed with this Department prior to use. Any version of the coverage election form which deviates from Delaware Form A must be filed with the Department prior to its use except that companies may overprint the form with company name, address and logo without filing it with the Department, providing the text remains unchanged.
13.1 An injured party shall submit to reasonable treatment recommended by competent physicians, and must act reasonably to minimize the disability and mitigate damages.
14.1 If any provision of this Regulation shall be held invalid, the remainder of the Regulation shall not be affected thereby.
15.1 This regulation became effective December 1, 1983, and was amended May 16, 1987, and was further amended effective December 13, 2017. The effective date of the second third amendment, including revisions to Form A, is February 11, 2005 December 13, 2017. The use of revised Form A shall be required for all newly written and renewed policies issued on or after March 1, 2005 December 13, 2017.
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov