2016 Delaware Code
Title 18 - Insurance Code
CHAPTER 36. INDIVIDUAL HEALTH INSURANCE MINIMUM STANDARDS
§ 3606. Preexisting conditions [For application of this section, see 79 Del. Laws, c. 99, § 19].

(a) Notwithstanding § 3306 of this title, if an insurer or health service corporation elects to use a simplified application form, with or without a question as to the applicant's health at the time of the application, but without any questions concerning the insured's health history or medical treatment history, the policy must cover any loss from any preexisting condition, and the policy or contract shall not include wording that would permit a defense based upon preexisting conditions.

(b) Notwithstanding subsection (a) of this section and § 3306 of this title, an insurer or a health service corporation which issues a specified disease policy, regardless of whether such policy is issued on the basis of a detailed application form, a simplified application for or an enrollment form, may not deny a claim for any covered loss that begins after the policy has been in force. Except for rescission for misrepresentation, no other defenses based upon preexisting conditions are permitted.

64 Del. Laws, c. 142, § 1; 79 Del. Laws, c. 99, § 11.;