FORMERLY
AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO UNFAIR PRACTICES IN THE INSURANCE INDUSTRY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
WHEREAS, volunteer firefighters and non-profit ambulance crews provide a critical service to our state, placing their own safety in jeopardy for the good of their neighbors; and
WHEREAS, volunteer firefighters and non-profit ambulance crews should not be denied insurance or pay more for insurance simply by virtue of serving as emergency personnel; and
WHEREAS, at least one Delaware volunteer firefighter recently received a termination notice from an auto insurance carrier and was told that he was having his policy terminated because of his use of the vehicle as a volunteer firefighter; and
WHEREAS, the state’s volunteer fire companies and non-profit ambulance crews already have great difficulty recruiting sufficient personnel, and the state should make every effort to prevent the creation of additional obstacles to recruitment of new volunteers;
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 18, Section 2304 of the Delaware Code by adding a new paragraph 28 which shall read:
“ (28) Volunteer Firefighters and Ambulance Personnel. No insurance carrier shall take any negative underwriting action against a policyholder, including, but not limited, to adjustment of rates or termination of a policy, based solely on the membership of a person covered by the policy in a volunteer fire company certified by the Delaware State Fire Prevention Commission or its successor or in a nonprofit organization that provides ambulance and/or rescue services within this State, including, but not limited to, organizations such as volunteer fire companies, the Veterans of Foreign Wars and the American Legion. This paragraph shall not prevent a carrier from taking underwriting action that is permitted by contract and applicable law, provided that the stated basis for such underwriting action is not a pretense for violating this paragraph.”
