2023 Delaware Code
Title 18 - Insurance Code
Chapter 59. REHABILITATION AND LIQUIDATION
Subchapter I. General Provisions
§ 5904A. Proceedings against bank insurance division.
(a) The Commissioner may in the Commissioner's discretion forthwith take possession of the business and property, including the books and records, of any division of a bank or trust company acting as an insurer whenever it shall appear that such division:
(1) Is conducting its business in an unauthorized or unsafe manner;
(2) Is in an unsound or unsafe condition to transact its business; or
(3) Cannot with safety and expediency continue business as a result of any cause whatsoever.
(b) The Commissioner may require an examination of a bank or trust company, which bank or trust company has established and operates a division pursuant to § 767 of Title 5, by the Bank Commissioner as authorized under § 122 of Title 5, and a report of such examination shall be furnished to the Commissioner pursuant to § 124 of Title 5.
(c) After taking possession of the division of a bank or trust company acting as an insurer, the Commissioner shall take such steps to conserve or rehabilitate the business and property of such division as the Commissioner deems practicable or desirable, or if in the judgment of the Commissioner such conservation or rehabilitation is not practicable or desirable, the Commissioner may proceed to liquidate such business and property. All proceedings of the Commissioner for the conservation, rehabilitation, or liquidation of a division of a bank or trust company acting as an insurer shall be in accordance with the provisions of this title applicable to the conservation, rehabilitation or liquidation of insurers by the Commissioner.
67 Del. Laws, c. 223, § 38; 70 Del. Laws, c. 186, § 1;