2017 Delaware Code
Title 18 - Insurance Code
CHAPTER 41. PROPERTY INSURANCE CONTRACTS
Subchapter III Declinations, Renewals and Cancellations of Property Insurance Contracts
§ 4126. Civil liability and actions; limitation.
(a) If the Commissioner determined in a final order that an insurer has violated § 4123 or § 4124 of this title, the applicant or named insured aggrieved by the violation may bring an action in a court of competent jurisdiction in this State to recover from such insurer any loss, not otherwise recovered through insurance, which would have been paid under the insurance coverage that was declined or terminated in violation of this subchapter.
(b) Any amounts recovered under subsection (a) of this section shall not be duplicative of any recovery obtained through the exercise of any other statutory or common-law cause of action arising out of the same occurrence. No action under this section shall be brought 2 years after the date of a final order of the Commissioner finding a violation of § 4123 or § 4124 of this title.
65 Del. Laws, c. 199, § 1.;
