Delaware Code Title 18 Sec. 3906 – Cancellation or nonrenewal of automobile policy — Appeal to the …
(a) A named insured who wishes to contest the reason or reasons for a cancellation or nonrenewal to which § 3904 of this title is applicable shall not less than 20 days prior to the effective date of cancellation or nonrenewal mail or deliver to the Commissioner a request for a review, which shall state clearly the basis for the appeal. The Commissioner’s review of a named insured’s appeal shall be on the papers. This subsection shall not apply to cancellation for nonpayment of premium. A cancellation or nonrenewal which is subject to the provisions of § 3904 of this title shall be deemed effective, unless the Commissioner determines otherwise in accordance with the provisions of such section.
Terms Used In Delaware Code Title 18 Sec. 3906
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Nonpayment of premium: means failure of the named insured to discharge when due any of his or her obligations in connection with the payment of premiums on a policy or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit. See Delaware Code Title 18 Sec. 3903
- Policy: means any 1 or more of the following portions of an automobile insurance policy:
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Within 2 working days after receipt of a timely request for an appeal, the Commissioner shall forward a copy of the insured’s request to the insurer. Within 5 working days of its receipt of the appeal, the insurer shall submit to the Commissioner all documentation supporting the insurer’s statutory authority to cancel or nonrenew the policy. The Commissioner may, where he or she finds that an unfairness will result to the insured because of delays or other circumstances beyond his or her control, extend the effective date of cancellation or nonrenewal for a period not to exceed 4 days from the date the notice of cancellation or nonrenewal was received by the insured. Each insurer authorized to transact automobile insurance in this State shall maintain a file with the Commissioner of the name and address of the person authorized to receive notices pursuant to this section on behalf of the insurer.
(c) The Commissioner, based on the documents submitted by the parties and at least 5 days prior to the effective date of the cancellation or nonrenewal, shall issue his or her written findings to the parties and, if he or she finds for the named insured, the Commissioner shall either order the insurer to rescind its notice of cancellation or nonrenewal or, if the date cancellation or nonrenewal is to be effective has lapsed, order the policy reinstated. Such order shall operate retroactively only to cover a period not to exceed 15 days from the date cancellation or nonrenewal otherwise would have been effective and prospectively from the date on which the order was issued, except that no policy shall be reinstated while the named insured is in arrears in payment of premium on the policy. If the Commissioner finds for the insurer, the Commissioner’s written order shall so state. Reinstatement of a policy under this subsection shall not operate in any way to extend the expiration, termination or anniversary date provided in the policy.
(d) [Repealed.]
18 Del. C. 1953, § ?3906; 56 Del. Laws, c. 380, § ?1; 59 Del. Laws, c. 154, § ?3; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 350, § ?1; 83 Del. Laws, c. 221, § 3;