Delaware Code
Subchapter I. General Provisions
§ 5932. Assessment prima facie correct; notice; payment; proceedings to collect.

(a) Any assessment of a subscriber or member of an insurer made by the Commissioner, pursuant to the order of court fixing the aggregate amount of the assessment against all members or subscribers and approving the classification and formula made by the Commissioner under § 5931(a) of this title, shall be prima facie correct.
(b) Each member or subscriber shall be notified of the amount of assessment to be paid by written notice mailed to the address of the member or subscriber last of record with the insurer. Failure of the member or subscriber to receive the notice so mailed, within the time specified therein or at all, shall be no defense in any proceeding to collect the assessment.
(c) If any such member or subscriber fails to pay the assessment within the period specified in the notice, which period shall not be less than 20 days after mailing, the Commissioner may obtain an order in the delinquency proceedings requiring the member or subscriber to show cause at a time and place fixed by the court why judgment should not be entered against such member or subscriber for the amount of the assessment together with all costs, and a copy of the order and a copy of the petition therefor shall be served upon the member or subscriber within the time and in the manner designated in the order.
(d) If the subscriber or member after due service of a copy of the order and petition referred to in subsection (c) of this section above is made:

(1) Fails to appear at the time and place specified in the order, judgment shall be entered against such subscriber or member as prayed for in the petition; or
(2) Appears in the manner and form required by law in response to the order, the court shall hear and determine the matter and enter a judgment in accordance with its decision.
(e) The Commissioner may collect any such assessment through any other lawful means.

Structure Delaware Code

Delaware Code

Title 18 - Insurance Code

Chapter 59. REHABILITATION AND LIQUIDATION

Subchapter I. General Provisions

§ 5901. Definitions [For application of this section, see 79 Del. Laws, c. 207, § 3].

§ 5902. Jurisdiction of delinquency proceedings; venue; change of venue; exclusiveness of remedy; appeal.

§ 5903. Commencement of delinquency proceedings.

§ 5904. Injunctions [For application of this section, see 79 Del. Laws, c. 207, § 3].

§ 5904A. Proceedings against bank insurance division.

§ 5905. Grounds for rehabilitation; domestic insurers.

§ 5906. Grounds for liquidation.

§ 5907. Grounds for conservation; foreign insurers.

§ 5908. Grounds for conservation — Alien insurers.

§ 5909. Grounds for ancillary liquidation; foreign insurers.

§ 5910. Order of rehabilitation; termination.

§ 5911. Order of liquidation; domestic insurers; insolvent insurer's assets.

§ 5912. Order of conservation or ancillary liquidation of foreign or alien insurers.

§ 5913. Conduct of delinquent proceedings against domestic and alien insurers.

§ 5914. Conduct of delinquency proceedings against foreign insurers.

§ 5915. Claims of nonresidents against domestic insurers.

§ 5916. Claims against foreign insurers.

§ 5917. Form of claim; notice; hearing.

§ 5918. Priority of certain claims.

§ 5919. Attachment and garnishment of assets.

§ 5920. Uniform Insurers Liquidation Act.

§ 5921. Deposit of moneys collected.

§ 5922. Exemption from fees.

§ 5923. Borrowing on pledge of assets.

§ 5924. Date rights fixed on liquidation.

§ 5925. Voidable transfers [For application of this section, see 79 Del. Laws, c. 207, § 3].

§ 5926. Priority of claims for compensation.

§ 5927. Offsets.

§ 5928. Allowance of certain claims.

§ 5929. Order of insolvency; time to file claims.

§ 5930. Report and petition for assessment.

§ 5931. Order and levy of assessments.

§ 5932. Assessment prima facie correct; notice; payment; proceedings to collect.

§ 5933. Qualified financial contracts.