2019 Delaware Code
Title 18 - Insurance Code
Chapter 83. The Use of Credit Information in Personal Insurance [For applicability of this chapter, see 81 Del. Laws, c. 108, § 3]
§ 8306 Dispute resolution and error correction [Effective May 1, 2018] [For applicability of this section, see 81 Del. Laws, c. 108, § 3].
If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of such determination from either the consumer reporting agency or from the insured, the insurer shall re-underwrite and rerate the consumer within 30 days of receiving the notice. After re-underwriting or rerating the insured, the insurer shall make any adjustments necessary, consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual policy period.
81 Del. Laws, c. 108, § 1.
