Delaware Administrative Code
Title 18 - Insurance
900 - Consumer Rights
901 - Arbitration of Automobile and Homeowners' Insurance Claims
Section 901-4.0 - Exclusion from Arbitration
Universal Citation: 18 DE Admin Code 901-4.0
Current through Register Vol. 28, No. 3, September 1, 2024
4.1 The following claims shall not be subject to arbitration under this Regulation:
4.1.1 Claims for which there is no jurisdiction under 18 Del.C. §
331 and 21 Del.C. §§
2118 and 2118B;
4.1.2 Claims for which there is no policy coverage in force;
4.1.3 Claims that are already pending before any court;
4.1.4 Claims that arise under an insurance policy from a jurisdiction other than Delaware; or
4.1.5 Claims which arise under a homeowners' policy or plan which has been exempted by the Commissioner under Section 3.0.
4.2 The Arbitration Secretary or Panel is authorized to dismiss a matter upon receipt of information sufficient to establish that the claim is excluded under subsection 4.1.1 and after notice and an opportunity to respond is provided the petitioner.
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