2012 Delaware Code
Title 18 - Insurance Code
CHAPTER 36. INDIVIDUAL HEALTH INSURANCE MINIMUM STANDARDS
§ 3606. Preexisting conditions.

(a) Notwithstanding § 3306 of this title, if an insurer or a 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 application, but without any questions concerning the insurer's health history or medical treatment history, the policy must cover any loss occurring after 12 months from any preexisting condition not specifically excluded from coverage by terms of the policy, and, except as so provided, 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 form or an enrollment form, may not deny a claim for any covered loss that begins after the policy has been in force for at least 6 months, unless such loss results from a preexisting condition which first manifests itself within 6 months prior to the effective date of the policy or contract or was diagnosed by a physician at any time prior to such date. Except for rescission for misrepresentation, no other defenses based upon preexisting conditions are permitted.

64 Del. Laws, c. 142, § 1.;