HOUSE BILL NO. 247
AS AMENDED BY
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLES 10 AND 18 OF THE DELAWARE CODE RELATING TO PROPERTY INSURANCE CONTRACTS AND STATUTES OF LIMITATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 41, Title 18 of the Delaware Code by adding a new § 4129:
§ 4129. Notice.
During the pendency of any claim received pursuant to a property insurance policy, the insurer shall be required to give prompt and timely written notice to a policyholder making a claim informing the policyholder of the applicable state statute of limitations or any contractual period of limitations regarding the filing of an action for the claimant’s damages under the contract.”.
Section 2. Amend Chapter 81, Title 10 of the Delaware Code by redesignating § 8106 as § 8106(a) and adding a new subsection “(b)”, to read as follows:
“(b) Contractual Limitations.
Notwithstanding any other provision of this Section, a property insurance contract subject to Subchapter 3, Chapter 41, Title 18 of the Delaware Code:
(1) may not require that an action for a claim made under the contract be filed less than one (1) year from the date of the denial of the claim by the insurer; and
(2) may permit an action for a claim made under the contract to be filed more than one (1) year from the date of the denial of the claim by the insurer.
Section 3. This Act shall apply to policies of property insurance issued or renewed on or after January 1, 2009, after which any policy language that specifies limitations for filing an action that is less than that required under this Act shall not be void but shall be construed in a manner that will comply with this Act.
Approved May 15, 2008