18 Del. Admin. Code § 901-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 901-4.0 - Exclusion from Arbitration

4.1 The following claims shall not be subject to arbitration under this Regulation:

4.1.1 Claims for which there is no jurisdiction under 18 Del.C. § 331 and 21 Del.C. §§ 2118 and 2118B;

4.1.2 Claims for which there is no policy coverage in force;

4.1.3 Claims that are already pending before any court;

4.1.4 Claims that arise under an insurance policy from a jurisdiction other than Delaware; or

4.1.5 Claims which arise under a homeowners' policy or plan which has been exempted by the Commissioner under Section 3.0.

4.2 The Arbitration Secretary or Panel is authorized to dismiss a matter upon receipt of information sufficient to establish that the claim is excluded under subsection 4.1.1 and after notice and an opportunity to respond is provided the petitioner.

18 Del. Admin. Code § 901-4.0

5 DE Reg. 1746 (03/01/02)
21 DE Reg. 579 (1/1/2018) (Final)