CHAPTER 371

FORMERLY

HOUSE BILL NO. 657

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 41, TITLE 18 OF THE DELAWARE CODE, BY DEFINING UNOCCUPIED FOR PURPOSES OF FIRE PROTECTION INSURANCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subsection (4), §4103. Chapter 41, Title 18 of the Delaware Code by adding thereto the following subparagraphs:

"(d) For purposes of homeowners and insurance and fire protection insurance, no policy shall exclude a dwelling unit or personal property within the dwelling unit from coverage as being unoccupied if (1) the unit is regularly maintained; (2) utility services are available and in use: and (3) the unit remains furnished as a dwelling unit, providedÔÇ× however, that this protection shall not apply if the dwelling unit remains unoccupied beyond a period of 60 consecutive days.

(e) The Commissioner shall require the insurer to notify the insured of the 60-day exception contained in subsection (b) of this Section."

Section 2. This Act shall become effective 180 days after its enactment and shall apply only to new policies Issued subsequent to that date or renewal of policies subsequent to that date.

Approved July 17, 1984.