18 Del. Admin. Code § 907-3.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 907-3.0 - Definitions

"Complaint" shall mean any expression of a grievance against an insurer made in any form to the Delaware Department of Insurance. An allegation of insurance fraud, as defined at 18 Del.C. § 2407, shall be treated pursuant to procedures authorized under 18 Del.C. Chapter 24 of the Delaware Code and shall not be considered a complaint for purposes of this regulation. Statements that contain allegations of insurance fraud as well as complaints that would not, if true, constitute insurance fraud shall be treated in relevant part according to 18 Del.C. Chapter 24 and this regulation.

"Department" means the Delaware Department of Insurance.

"Founded," with respect to a complaint, means:

that the insurer's act, acts, omission, or omissions did not comply with a provision of Title 18 of the Delaware Code, regulations promulgated by the Department, or other applicable Delaware statute or regulation; or

that the insurer's act, acts, omission, or omissions contravened or were inconsistent with a rate filing, form filing, or other filing made with the Department; or

that the insurer's act, acts, omission, or omissions contravened or were inconsistent with a provision or provisions of the agreement to which the individual making the complaint was a party or third party beneficiary; or

that the insurer's act, acts, omission, or omissions contravened or were inconsistent with formal standards or practices of the insurer which were relied upon by the insurer in satisfying the requirements any examination conducted by the Department, alone or in conjunction with the Insurance Departments of other states.

"Insurance" shall have the meaning assigned to it at 18 Del.C. § 102 (2).

"Insurer" shall have the meaning assigned to it at 18 Del.C. § 102 (3).

18 Del. Admin. Code § 907-3.0