Delaware Code
Subchapter I. General Provisions
§ 2905. Assigned risks.

(a) Any applicant for registration who in good faith has applied to 2 insurance companies for a policy of insurance or surety bond under this chapter but who is unable to procure such insurance from said companies shall thereupon notify the Insurance Commissioner, in writing, and the Insurance Commissioner upon receipt of said notice shall thereupon assign said application to 1 of the insurance companies handling such insurance and doing business in this State. Such insurance company shall promptly issue a policy at the rate then prevailing for such policies, adding an automatic surcharge of 10 percent over and above such rate then in force and effect, for similar policies of insurance. Surcharges of 50 percent and 25 percent shall be added to the then prevailing rate for such policies under the following circumstances:

(1) Fifty percent surcharge. — If the certificate is required for a conviction of:

a. Driving a motor vehicle while intoxicated;
b. Failing to stop and report when involved in an accident; or
c. Homicide or assault arising out of the operation of a motor vehicle.
(2) Twenty-five percent surcharge. — If the certificate is required for a conviction of:

a. Driving a motor vehicle at an excessive rate of speed where an injury to person or damage to property actually results therefrom; or
b. Driving a motor vehicle in a reckless manner where an injury to person or damage to property actually results therefrom.
(b) All such assignments may carry an expense charge of 5 percent.
(c) No assignment may be made or surcharge added solely because a driver license is denied or suspended in accordance with § 516(g) or § 2216 of Title 13.
(d) The surcharges specified in this section shall be limited for 3 years. The Insurance Commissioner shall notify the Secretary of Transportation of such assignments and the rate at which such assignments are made and the registration shall then be issued.

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