Delaware Code
Chapter 5. AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS
§ 513. Deposit requirements — In general.

(a) The Commissioner shall not authorize a foreign insurer (other than an alien insurer) to transact insurance in this State unless it makes and thereafter continuously maintains on deposit in this State through the Commissioner, or in another state, cash or securities eligible for such deposit under the laws of this State or of such other state of a fair market value not less than $100,000, for the protection of all its policyholders wherever located or all of its policyholders in the United States or of all its policyholders and creditors. The Commissioner shall accept the certificate in proper form of the public official having supervision over insurers in any other state to the effect that such deposit or part thereof by such insurer is being maintained in public custody or control pursuant to law in such state. The insurer shall at the time of filing its annual statement with the Commissioner as provided in § 526 of this title also file with the Commissioner a certificate from such public official showing the amount and character of the securities composing its deposit held in such other state.
(b) The Commissioner shall not authorize an insurer to transact surety insurance unless it makes and thereafter continuously maintains in this State through the Commissioner a special and additional deposit of cash or securities eligible therefor under § 1503 of this title, of a fair market value not less than $10,000, to answer any default of such insurer upon surety contracts issued by it in this State. The foregoing requirement shall not be applicable to any insurer having a paid-in capital and surplus of $10,000,000 or more and continuously maintaining on deposit in this State through the Commissioner, or in another state, cash or securities eligible for such deposit under the laws of this State or of such other state of a fair market value of not less than $400,000 for the protection of all its policyholders wherever located, or all of its policyholders in the United States or all of its policyholders and creditors.
(c) No insurer shall transact workers' compensation insurance in this State unless it makes and thereafter maintains in this State through the Commissioner a special and additional deposit of cash or securities eligible therefor under § 1503 of this title, of a fair market value of not less than $100,000 for the protection of persons in this State covered under the insurance so transacted. Upon any insurer's inability to pay workers' compensation claims as a result of a court of competent jurisdiction finding of financial impairment or insolvency, which prevents the regular payment of workers' compensation benefits, this deposit shall be immediately available upon their request to the Delaware Insurance Guaranty Association for continuation of claims benefits to eligible workers.
(d) The Commissioner shall not authorize a domestic title insurer to transact insurance unless it makes and thereafter continuously maintains on deposit in this State through the Commissioner cash or securities eligible for such deposit under § 1503 of this title of a fair market value not less than $25,000 for the protection of its policyholders in this State.
(e) All such deposits in this State are subject to the applicable provisions of Chapter 15 (Administration of Deposits) of this title.
(f) The Commissioner shall not authorize a domestic insurer, other than a title insurer, to transact insurance unless it makes and thereafter continuously maintains on deposit in this State through the Commissioner cash or securities eligible therefor under § 1503 of this title of a fair market value of not less than $100,000 for the protection of all its policyholders wherever located, or all its policyholders in the United States, or all its policyholders and creditors.

Structure Delaware Code

Delaware Code

Title 18 - Insurance Code

Chapter 5. AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS

§ 501. “Stock insurer” defined.

§ 502. “Mutual” insurer defined.

§ 503. “Reciprocal” insurer defined.

§ 504. “Charter” defined.

§ 505. Certificate of authority required.

§ 506. Exceptions to certificate of authority requirement.

§ 507. General eligibility for certificate of authority.

§ 508. Ownership; management.

§ 509. Name of insurer.

§ 510. Combinations of insuring powers.

§ 511. Capital funds required.

§ 512. Insuring combinations without additional capital funds.

§ 513. Deposit requirements — In general.

§ 514. Deposit requirements — Alien insurers.

§ 515. Application for certificate of authority.

§ 516. Issuance, refusal of authority; ownership of certificate.

§ 517. Authority conferred; surety insurers; certificate as evidence.

§ 518. Continuance, expiration, reinstatement of certificate of authority.

§ 519. Suspension or revocation of certificate of authority — Mandatory grounds.

§ 520. Suspension or revocation of certificate of authority — Discretionary and special grounds.

§ 521. Order and notice of suspension, revocation; effect upon agents' authority.

§ 522. Duration of suspension; insurer's obligations during suspension period; reinstatement.

§ 523. General corporation laws inapplicable to foreign insurers.

§ 524. Commissioner as process agent for certain insurers.

§ 525. Serving process.

§ 526. Annual statement and other required filings.

§ 527, 528. Resident agent, countersignature law; exceptions to resident agent, countersignature law.

§ 529. Cancellation of insurance agency contracts; arbitration.

§ 530. Emergency requirements.

§ 531. Emergency powers to regulate liability insurance cancellations and nonrenewals.

§ 532. Retaliatory provision.

§ 533. Immunity from liability for reporting fraudulent practices.

§ 534. Location of headquarters.

§ 535. Nondisclosure of nonpublic personal information; adoption of regulations.

§ 536. “Funding agreement” defined.