SENATE BILL NO. 110
AS AMENDED BY HOUSE AMENDMENT NO. 3
AN ACT TO AMEND PART I, TITLE 18, OF THE DELAWARE CODE, RELATING TO CASUALTY INSURANCE CONTRACTS, AND REGULATING THE EXCLUSION, CANCELLATION OR NON-RENEWAL OF AUTOMOBILE INSURANCE.
Be it enacted by the General Assembly of the State or Delaware:
Section 1. Amend §3909, Chapter 39, Part I, Title 18 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof a new §3909, which shall read as follows:
§ 3909. Automobile insurance; exclusion, cancellation or non-renewal
(a) The insurer shall have the right to exclude, cancel or refuse to renew coverage under an automobile insurance policy as to designated individuals. Any such cancellation or refusal to renew shall be subject to the applicable provisions of §3903 through and including §3907 of this chapter and the notice provisions of those said sections shall apply equally to the exclusion, cancellation or refusal to renew coverage as to a designated individual or individuals.
(b) In any case where an insurer is authorized under this Chapter to cancel or non-renew any automobile policy under which more than one person is insured because of the record of one or more, but less than all of the persons insured under the policy, the insurer shall, in lieu of cancellation or non-renewal, offer to continue or renew the insurance but to exclude from coverage, by name, the person or persons whose record would have justified the cancellation or non-renewal. The premiums charged on any such policy excluding a named driver or drivers shall not reflect the claims, experience or driving record of the excluded named driver or drivers.
(c) With respect to any person excluded from coverage under this section, the policy may provide that the insurer shall not be liable for damages, losses, or claims arising out of this operation or use of the insured motor vehicle, whether or not such operation or use was with the express or implied permission of a person insured under the policy.
(d) Every insurer shall be required to offer to the driver or drivers excluded under this section coverage of the same type or types and in an amount or amounts at least as great as the types and amount of coverage carried on the vehicle or vehicles that the designated person is being excluded from, which coverage shall be offered at rates commensurate with the driving record of such excluded driver or drivers; provided, however, that such excluded driver or drivers shall not be required to carry coverage in any amount or amounts greater than those amounts required by the Financial Responsibility law of the State of Delaware.
() The excluded driver or drivers shall be required to accept this offer of coverage, to furnish proof that such coverage is carried with another company, or surrender his motor vehicle operator's license to the Division of Motor Vehicles within thirty (30) days after the offering of such coverage. Refusal to accept such coverage, the furnishing of adequate proof, or the failure to surrender his operator's license within the 30-day period will cause the cancellation of the policy or policies that they were excluded from. This provision shall apply as long as the designated individual could be considered a member of the household, or possible occasional driver of the vehicle, or vehicles he is being excluded from.
Approved July 12, 1973.