(a) If requested by an insured, an insurer is required to add the following individuals to the insured’s existing policy as an additional driver:

(1) Any licensed minor child of the insured who resides with the insured.

(2) Any licensed foster child placed into the temporary care of the insured by the Department of Services for Children, Youth and Their Families or pursuant to a court order.

Ask an insurance law question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(b) Policies under which coverage is extended to licensed foster children under this section must continue to be rated as personal, and not commercial, automobile policies.

(c) Insurers may not increase premium rates on policies under which coverage is extended under this section solely because of the addition of the licensed minor child or licensed foster child as a named driver, unless the increase is actuarially justified.

(d) (1) Unless actuarily justified, an insurer that issues an insurance policy on a private passenger motor vehicle to an insured who is a foster parent of a foster child may not charge an additional premium for coverage of the foster child while the child is operating the insured vehicle if the foster child has procured a separate policy through participation in the program established under § 9011A of Title 29.

(2) An insurer may exclude a foster child who has procured a separate policy through participation in the program established under § 9011A of Title 29 from the private passenger motor vehicle insurance policy of the foster child’s foster parent.

81 Del. Laws, c. 128, § 1; 83 Del. Laws, c. 453, § 2;