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2005 Summary of New State Laws - Delaware

(Preliminary List of 2005 Approved/Pending Legislation)

Issue

Bill #

Bill Description

Captives

HB 218

Repeals existing provisions pertaining to the regulation of captive insurers and replaces with new provisions. LAW. Effective 7/12/05. Chapter 150, Laws of 2005.

Miscellaneous New Insurance Provisions

(Abandoned Property)

HR 43

Establishes a task force to review the state's abandoned property administration and to make appropriate recommendations to the Governor and General Assembly, by January 31, 2006, regarding the need for changes, if any, to the state's abandoned property laws of administrative practices. LAW. Effective 7/1/05.

(Medical Liability Task Force)

HR 17

Continues the Medical Liability Insurance Task Force and requires the panel to update the General Assembly on progress toward implementation of recommendations from a 2003 report. LAW. Effective 7/1/05. Chapter 55, Laws of 2005.

Motor Vehicle Insurance

(Traffic Safety - Graduated Driver's License Provisions)

HB 63

Prohibits minor drivers with a level 1 learner's permit (or driver's education learner's permit) from using a cell phone or similar device while driving. LAW. Effective 4/26/05. Chapter 15, Laws of 2005.

(Traffic Safety - Red Light Cameras)

HB 100

Amends existing laws pertaining to traffic light camera enforcement. LAW. Effective 6/23/05. Chapter 56, Laws of 2005.

(Proof of Coverage)

SB 20

Allows for confiscation of vehicle registration tags for vehicles that are determined to be uninsured. LAW. Effective 6/23/05. Chapter 59, Laws of 2005.

Security Breach

HB 116

Establishes provisions for addressing computer security breaches including specific notification requirements and penalties for violations. LAW. Effective 6/28/05. Chapter 61, Laws of 2005.

Structured Settlements

HB 168

Revises and establishes additional provisions regarding the regulation of structured settlement payments. LAW. Effective 7/12/05. Chapter 148, Laws of 2005.

Tort Reform

(Medical Malpractice Claims)

HB 133

Standardizes the method by which medical negligence claims against health care providers are reported to the Insurance Commissioner. LAW. Effective 7/7/05. Chapter 109, Laws of 2005.

Unfair Practices

HB 90

Amends existing law governing unfair insurance practices and increases penalties for related violations. LAW. Effective 6/23/05. Chapter 55, Laws of 2005.

Workers' Compensation

(Permanent Disability Payments)

SB 17

Requires all workers' compensation benefits for permanent impairment and disfigurement to be paid as a lump sum. LAW. Effective 5/17/05. Chapter 34, Laws of 2005.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Delaware State Resource Center