2019 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, a policy or contract must not deny, exclude, or limit benefits for a covered individual for losses due to a preexisting condition, and the policy or contract must 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; 82 Del. Laws, c. 186, § 9.
