CHAPTER 381

FORMERLY

SENATE BILL NO. 360

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE, RELATING TO AGENTS, BROKERS, CONSULTANTS AND ADJUSTERS.

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

Section 1. Amend §1702, Title 18, Delaware Code, by adding thereto two new paragraphs to read as follows and to redesignate the existing paragraphs accordingly:

"Revocation" means recalling or taking back an insurance license(s) for a minimum period of 12 months. Any insurer appointments of such license shall likewise be revoked. No individual whose license is revoked shall be issued another license without first complying with all requirements of Title 18 DA. C. §1721 including but not limited to retaking and passing all examinations for each line of authority the individual proposes to transact.

"Suspension" means to bar temporarily the privileges of an insurance license(s), granted under Chapter 17 of Title 18 of the Delaware Code, for a maximum of 12 months. A suspension shall also include a suspension of the appointment of such licensee. Upon the expiration of the suspension period and upon satisfactory completion of such terms and conditions as the Commissioner has imposed pursuant to the suspension, all licenses and appointments shall be reinstated.

Section 2. Amend §1720 by deleting the text in its entirety and substituting in lieu thereof the following:

"An agency lawfully organized under the laws of this state shall obtain a resident license of the same line of authority as each individual licensee acting on behalf of the resident agency. An agency organized under the laws of another state shall obtain a nonresident license of the same line of authority as each individual licensee acting on behalf of the non-resident agency. Each individual acting as or representing to be an adjuster, agent, or broker on behalf of a resident or non-resident agency shall be registered as an agency member. Termination of any licensee from the list of registered members must be filed by the agency within 30 days from the date of termination. Failure to provide notification may subject the agency to a penalty as otherwise provided in this title."

Section 3. Amend §1725, Title 18, Delaware Code, by adding to the end of subsection (d) thereof the following:

"All examination score results are valid for a period of 12 months."

Section 4. Amend §1728 (c)(2), Title 18, Delaware Code, by striking therefrom in its entirety and by substituting in lieu thereof the following: "(c)(2)The licensee no longer qualities for licensing under §1720 or § 1721 of this title;"

Section 5. Amend § 1733, Title 18, Delaware Code, by adding to the end of subsection (a) thereof the following:

"The Commissioner may, upon his or her discretion reinstate a suspended license at any time, and may impose as conditions upon the reinstatement that the individual re-take and pass licensing examinations and comply with other such terms and conditions as the Commissioner determines appropriate. A suspended licensee who fails to comply with such terms imposed within the suspension order shall have his or her license(s) revoked upon the expiration of 12 months from the effective date of the suspension."

Approved July 8, 1998