CHAPTER 23

FORMERLY SENATE BILL NO. 97

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE BASIC PROPERTY PROTECTION PLAN BY DELETING SUBSECTION (d) (i) OF SECTION 4103 AND BY AMENDING SECTION 4106.

WHEREAS, the Federal Legislation authorizing Delaware's FAIR PLAN providing for making property insurance available to qualified property otherwise difficult to insure provides for inclusion of property used for farming and manufacturing purposes; and

WHEREAS, Delaware's FAIR PLAN, Title 18, Delaware Code, Chapter 41, discriminates against farming and manufacturing property by eliminating them from coverage in Title 18, Delaware Code, Section 4103 (d) (i); and

WHEREAS, the owners of such farming or manufacturing property are having great difficulties getting property insurance protection due to changing social conditions; and

WHEREAS, the Delaware Insurance Commissioner has made a determination that due to such changing social conditions it would be fair and equitable to such persons and in the best interest of the State of Delaware to amend Chapter 41 to provide FAIR PLAN coverage for otherwise qualified farming and/or manufacturing property.

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 18 of the Delaware Code, by deleting section (i) of paragraph (d) of Section 4103 and by renumbering section (ii) as (i), section (iii) as (ii) and section (iv) as (iii).

Section 2. Amend Title 18 of the Delaware Code, by adding a period at the end of the fifth line of Section 4106 after the word `distribution' and by deleting from said Section 4106 the words `but shall not include farm or manufacturing properties.'

Approved April 9, 1971.