(a) A domestic mutual insurer shall not merge or consolidate with a stock insurer.
(b) A domestic mutual insurer may merge or consolidate with another domestic or foreign mutual insurer under the procedures provided for in this and §§ 4935-4942 of this title.
(c) If for a consolidation and the new corporation is to be domiciled in this State, the new corporation shall be formed under the applicable provisions of the general corporation laws of this State.
(d) For the purposes of this chapter the “surviving insurer” is that which survives and continues as a result of a merger of 2 or more corporations into 1 corporation.
Structure Delaware Code
Chapter 49. ORGANIZATION AND CORPORATE POWERS; PROCEDURES OF DOMESTIC STOCK AND MUTUAL INSURERS
§ 4902. “Stock,” “mutual” insurer, definitions.
§ 4903. General corporation statutes; applicability.
§ 4904. Insurance business exclusive.
§ 4905. Mutual insurers — Initial qualifications.
§ 4906. Mutual insurers — Permit; deposit.
§ 4907. Mutual insurers — Qualifying applications for insurance.
§ 4908. Mutual insurers — Trust deposit of qualifying premiums; issuance of policies.
§ 4909. Mutual insurers — Failure to qualify.
§ 4910. Mutual insurers — Additional kinds of insurance.
§ 4912. Bylaws of mutual insurer.
§ 4913. Minutes of corporate meetings of mutual insurers.
§ 4914. Contingent liability of mutual members.
§ 4915. Levy of contingent liability.
§ 4916. Enforcement of contingent liability.
§ 4917. Nonassessable policies, mutual insurers; revocation of authority.
§ 4918. Information to stockholders and proxy regulations.
§ 4919. Change of directors, officers; notice.
§ 4920. Prohibited pecuniary interest of officials.
§ 4921. Management and exclusive agency contracts.
§ 4922. Dividends to stockholders.
§ 4923. Participating policies.
§ 4924. Dividends to policyholders.
§ 4925. Solicitation of business; issuance of policies in other jurisdictions.
§ 4926. Payment of taxes; exoneration.
§ 4927. Impairment of capital or assets.
§ 4928. Mutualization of stock insurer.
§ 4929. Conversion to ordinary business corporation.
§ 4930. Merger, consolidation of stock insurers.
§ 4931. Affiliation of stock insurers.
§ 4932. Acquisition of controlling stock.
§ 4933. Converting mutual insurer.
§ 4934. Merger, consolidation — Allowable circumstances; “surviving insurer” defined.
§ 4936. Merger, consolidation of mutual insurers — Effectuation; disapproval by Commissioner.
§ 4937. Merger, consolidation of mutual insurers — Approval by members.
§ 4938. Merger, consolidation of mutual insurers — Impaired mutuals.
§ 4942. Merger, consolidation of mutual insurers — Effect of merger or consolidation.
§ 4943. Preservation of old charter in merger or consolidation.