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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2015

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(18 Del.C. §§311 and 2741; 21 Del.C. §2118(o))
18 DE Admin. Code 606
INSURANCE COMMISSIONER KAREN WELDIN STEWART hereby gives notice of proposed amended Department of Insurance Regulation 606 relating to Proof of Automobile Insurance [Formerly Regulation 31]. The docket number for this proposed AMENDED regulation is 2464-2015.
The proposed amended regulation supports the established requirements to govern the form of the standardized insurance identification (ID) card for each insured vehicle pursuant to Delaware law and will follow new requirements passed under H.B. 258 HA1, for the 147th General Assembly. The Delaware Code authority for the change is 18 Del.C. §§311 and 2741; 21 Del.C. §2118(o); and 29 Del.C. Ch. 101.
The Department of Insurance does not plan to hold a public hearing on the proposed amended regulation. The proposed amended regulation appears below and can also be viewed at the Delaware Insurance Commissioner’s website at:
1.1 This regulation is adopted under the authority of 18 Del.C. §§314 and 2741; 21 Del.C. §2118(o) as amended by S. B. 212, and adopted in cooperation with the Division of Motor Vehicles. This regulation is promulgated under the provisions of the Administrative Procedures Act, 29 Del.C., Ch.101.
"Commercial auto coverage", "commercial vehicle coverage" or "commercial lines policy" is any coverage provided to an insured, regardless of the number of vehicles or entities covered, under a commercial auto, garage, or truckers coverage form and/or rated from either a commercial manual or rating rule as filed and approved by the Delaware Department of Insurance. Vehicle type and ownership are not necessarily the primary factors in either underwriting the coverage or rating the coverage. The rating may be subject to individual risk characteristics including but not limited to experience rating, schedule rating, loss rating or deductible rating.
"Fleet" shall mean five or more vehicles under single ownership or lease used for commercial purposes.
"Personal lines auto coverage," personal lines vehicle coverage" or "personal lines policy" shall apply to any insured or insurance policy that does not fall within commercial lines.
To the extent necessary, the definitions contained in 21 Del.C. §101 shall apply to all terms not otherwise defined herein.
4.1 All companies licensed to write automobile insurance in the State of Delaware must furnish Insurance Identification Cards. If the insured and insurance company both consent, the insurance identification card may be produced in electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device. At least one written card or card in electronic format must be issued for each vehicle for which liability insurance is in effect. Delaware policyholders who are members of the military and are stationed outside of Delaware may be issued a card of that state provided their coverage meets Delaware requirements.
4.2 If an insurance identification card is produced in written format, Iinsurers may use uniform ACORD format or may prepare the ACORD format as described below:
8.1 When a personal lines insurance policy is cancelled or terminated and that cancellation or termination is final under 18 Del.C. §3904 (a) (1) within 6 months of the original date of issuance, the insurer must file a Notice of Cancellation with the Division of Motor Vehicles.
9.1 An insurer shall furnish within 30 days of a request by the Division of Motor Vehicles prescribed information on each motor vehicle insured in the State of Delaware. The information shall be provided in the form and manner approved by the Division of Motor Vehicles.
10.1 Pursuant to 21 Del.C. §2118 the Division of Motor vehicles shall periodically randomly select on an annual basis at least 10 percent of the vehicle registrations and send them to the insurers of record for verification of liability insurance.
11.1 Each insurer licensed to write automobile liability insurance in Delaware shall notify the Division of Motor Vehicles on a form approved by the Division of Motor Vehicles the name of any person or persons involved in an accident or filing a claim who is alleged to have been operating a Delaware registered motor vehicle without the insurance required under Delaware law. The insurer shall provide the name, address, and description of the vehicle alleged to be uninsured.
12.1 Each insurer licensed to write automobile liability insurance in this State shall furnish to their insureds verification of the insurance in force at the request of the Division of Motor Vehicles by use of a form approved by the Division of Motor Vehicles. Each insurer is to utilize such measures as may be necessary to assure delivery of these forms to qualified insured drivers only.
13.1 If any provision of this regulation or the application thereof to any person or situation is held invalid, such invalidity shall not affect any other provision or application of the regulation which can be given effect without the invalid provision or application and to this end the provisions of this regulation are declared to be severable.
14.1 This Regulation shall become effective September 11, 2008. This Regulation shall become effective 10 days after being published as a final regulation.
Last Updated: December 31 1969 19:00:00.
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