Delaware insurance laws
Insurance regulations, rate filing requirements, department info, and recent bulletins for Delaware. Updated Mar 31, 2026.
Department of Insurance
Delaware operates a prior approval rate filing system where insurers must obtain Commissioner approval before implementing rates. The Department of Insurance is led by Commissioner Trinidad Navarro and actively regulates all insurance lines with strong consumer protection measures. Delaware has implemented progressive reforms including Medicare supplement birthday rules, pre-authorization reform, and anti-discrimination protections for military members.
Auto Insurance
Notable Laws
- 18 Del. C. § 3902 - Mandatory uninsured/underinsured motorist coverage at limits of $25,000/$50,000
- 21 Del. C. § 2118 - Minimum PIP coverage of $15,000/$30,000 with $5,000 funeral benefit required
- 18 Del. C. § 3905 - Requires 30-day notice for policy cancellation (15 days for nonpayment)
- 18 Del. C. § 3917 - Prohibits penalties for coverage lapses due to military deployment
- 18 Del. C. § 3921 - Prohibits discrimination against youth in foster care status in automobile insurance rates
Homeowners Insurance
Notable Laws
- 18 Del. C. § 4158 - Requires 60-day notice for cancellation or nonrenewal (10 days for nonpayment)
- Senate Bill 200 (2024) - Requires certified mail for cancellation notices and 36-month lookback for non-weather claims
- 18 Del. C. Chapter 83 - Regulates use of credit information in personal insurance underwriting and rating
- 18 Del. C. § 4122 - Establishes standards for property insurance contracts and required coverages
- Regulation 906 - Governs use of credit scoring in homeowners insurance with consumer protections
Recent Bulletins
Implementation of House Bill 41 and Automobile Insurance Policy Cancellation and Nonrenewal Appeals Process
Informs automobile insurers of HB 41 which revises the method by which an insured may contest or appeal a nonrenewal or cancellation of an automobile policy from a hearing process to a review by the Commissioner on the papers.
View bulletinGuidance Regarding HB 228 – Amendments to Chapter 25 Regarding Review and Approval of Rate Filings
Notifies insurance carriers of the passage of House Bill No. 228 and clarifies the lines of business affected by this new law which extends the timeline for filing and reviewing insurers' rate filings.
View bulletinProhibition on Use of Certain Factors in Underwriting Private Insurance
Addresses the prohibition on using certain discriminatory factors in underwriting private insurance to ensure fair treatment of all policyholders.
View bulletinSupplemental Breast Screening Examinations and Diagnostic Breast Examinations
Requires health insurance carriers to cover supplemental breast screening examinations and diagnostic breast examinations without cost-sharing for certain patients.
View bulletinThe Use of Artificial Intelligence Systems in Insurance
Provides guidance to insurers on the use of artificial intelligence systems in insurance practices, including underwriting, rating, and claims processing, to ensure compliance with Delaware law.
View bulletinRecent Law Changes
Automobile Insurance Policy Cancellation and Nonrenewal Appeals Process
Revises the method by which an insured may contest or appeal a nonrenewal or cancellation of an automobile policy from a hearing process to a review by the Commissioner on the papers. Also clarifies that insurer reinstatement obligations apply to both nonrenewals and cancellations due to nonpayment of premiums.
Automobile policyholders now have streamlined appeals process for policy cancellations and nonrenewals through Commissioner review.
Effective: 2021-09-30
Property Insurance Contracts - Cancellation and Nonrenewal Notice Requirements
Establishes consumer protections for property insurance by requiring insurers to deliver homeowners' notices of cancellation or nonrenewal via USPS certified mail or USPS Intelligent Mail barcode. Also creates a 36-month lookback period for non-weather-related claims, prohibiting an insurance carrier from refusing to renew a policy unless two or more such claims occur within the 36-month period.
Homeowners receive stronger notification protections and cannot be non-renewed unless they have two or more non-weather claims in 36 months.
Effective: 2024-10-01
Delaware Pre-Authorization Reform Act of 2025
Regulates health insurance pre-authorization and utilization review procedures by requiring at least 6 months' notice for changes to utilization review terms, setting qualifications for medical decision-makers, and shortening timelines for insurers to respond to pre-authorization requests (24 hours for urgent electronic requests, 3-5 days for non-urgent). Extends pre-authorization validity from 60 to 90 days and mandates electronic request processing by 2027.
Health insurance policyholders benefit from faster pre-authorization decisions and longer validity periods for approved treatments.
Effective: 2025-08-25
Licensing Fees and Department of Insurance Funding
Allows the Department of Insurance to retain a portion of insurance professional licensing fees in its Regulatory Revolving Fund, increases the maximum unencumbered balance of that fund to $5,000,000, and increases licensing fees for insurance professionals by $25.
Insurance professionals pay $25 higher licensing fees to support Department operations and regulatory activities.
Effective: 2025-05-07
Insurance Privilege and Confidentiality Protection
Provides that privilege between a policyholder or claimant and an insurance company is not waived simply because information is submitted by companies to the Insurance Commissioner, whether or not the information is redacted.
Policyholders and claimants retain attorney-client and other privileges when insurers submit information to regulators.
Effective: 2025-08-25
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