A member of a Delaware named insured's household who customarily drives the insured car has had a license suspended under Section 1009 of Title 10. At renewal, what may the auto insurer do with the policy premium based on that suspension?

Leave the premium where it is, since an increase on that basis is prohibited

An employee of a Delaware-based employer is injured while engaged in interstate commerce, and a law of the United States provides for the employer's liability for that injury. How does Delaware's workers' compensation chapter treat the injury?

The chapter does not apply to that injury, either for the employee or for the employer

A Delaware private passenger auto policy has been in force for 8 months. The insurer learns that the named insured knowingly left an at-fault accident from 30 months earlier off the application, which asked for all accidents and moving violations. May the insurer cancel the policy on that basis?

Yes, a knowing omission of requested accidents or violations from the prior 36 months is a listed reason

An insurer issued a Delaware motor vehicle liability policy to a person whose application was assigned to it under the assigned risk statute. The insured has refused to pay the premium due. To cancel that assigned policy, what notice does the statute call for?

30 days' notice to the Secretary of Transportation

A Delaware applicant for registration applied in good faith to two insurers for a required policy and was refused by both, and the Insurance Commissioner assigned the application to an insurer. The applicant has no conviction of a kind the statute lists for a higher surcharge. What does the assigned insurer add to the prevailing rate?

An automatic surcharge of 10 percent over the prevailing rate

A hearing officer from the Department of Labor is assigned to a hearing that the Industrial Accident Board itself conducts. What role may the hearing officer play when the Board deliberates on that case?

The hearing officer may stay to give legal advice but takes no part in deliberating or voting

Delaware law provides for an assigned risk plan that spreads automobile insurance for applicants who qualify in good faith but cannot obtain it in the ordinary market. Who does the statute direct to promulgate the regulations that put this plan into effect?

The Commissioner, by regulations reaching every insurer writing automobile insurance

A Delaware insured is hurt when a hit-and-run vehicle strikes her car, and she reports the crash to the police. Under the statute's definition of a hit-and-run uninsured vehicle, what must she do regarding her own insurer?

Tell her insurer within 30 days, or as soon as practicable after, that she has a legal action from the crash

A Delaware employer applies in good faith for workers' compensation coverage and is entitled to it, but no insurer will write it through ordinary methods. Under Delaware's residual market provision, how is this coverage made available?

Through a plan in which every insurer authorized to write the line shares it equitably

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1.A member of a Delaware named insured's household who customarily drives the insured car has had a license suspended under Section 1009 of Title 10. At renewal, what may the auto insurer do with the policy premium based on that suspension?
Answer: C. Leave the premium where it is, since an increase on that basis is prohibited
Section 3912(a) of Title 18 bars any premium increase on a casualty insurance contract based on the revocation or suspension, under Section 1009 of Title 10, of the license of a named insured or of another operator who lives in the same household or customarily drives an insured automobile. The subsection makes no exception for a filed surcharge, for Commissioner approval, or for an increase limited to the suspension period.
Source
Del. Code Ann. tit. 18, Sec. 3912(a)
Choose an answer to see the explanation.
2.An employee of a Delaware-based employer is injured while engaged in interstate commerce, and a law of the United States provides for the employer's liability for that injury. How does Delaware's workers' compensation chapter treat the injury?
Answer: D. The chapter does not apply to that injury, either for the employee or for the employer
Sec. 2310 places outside the chapter employees injured or killed while engaged in interstate or foreign commerce, and their employers, whenever federal law provides for compensation or for liability for the injury or death. Because a federal law reaches this injury, the chapter does not apply. The employer's Delaware base does not change that result, and the section creates neither a medical-only coverage nor an offset against a federal recovery.
Source
Del. Code Ann. tit. 19, Sec. 2310 (Applicability to persons engaged in interstate or foreign commerce)
Choose an answer to see the explanation.
3.A Delaware private passenger auto policy has been in force for 8 months. The insurer learns that the named insured knowingly left an at-fault accident from 30 months earlier off the application, which asked for all accidents and moving violations. May the insurer cancel the policy on that basis?
Answer: A. Yes, a knowing omission of requested accidents or violations from the prior 36 months is a listed reason
Section 3904(a) of Title 18 lists the reasons on which a notice of cancellation can be effective or a renewal refused. Reason (4) covers a named insured who knowingly failed to fully disclose motor vehicle accidents and moving traffic violations, or physical damage or comprehensive losses, for the preceding 36 months when the application called for them. An accident 30 months old falls inside that window. The 12-month figure misstates the look-back, reason (4) supports a cancellation as well as a nonrenewal, and it contains no paid-claim threshold.
Source
Del. Code Ann. tit. 18, Sec. 3904(a)(4)
Choose an answer to see the explanation.
4.An insurer issued a Delaware motor vehicle liability policy to a person whose application was assigned to it under the assigned risk statute. The insured has refused to pay the premium due. To cancel that assigned policy, what notice does the statute call for?
Answer: D. 30 days' notice to the Secretary of Transportation
Delaware allows an insurer to cancel a policy issued under the assigned risk section by giving 30 days' notice to the Secretary of Transportation, provided the insured falls within one of the grounds the statute lists. Refusing or failing to pay premiums due on the policy is one of those grounds. The statute directs this notice to the Secretary of Transportation, not to the Insurance Commissioner or the Division of Motor Vehicles, and the period it states is 30 days rather than 10 or 60.
Source
Del. Code Ann. tit. 21, Sec. 2906(b)
Choose an answer to see the explanation.
5.A Delaware applicant for registration applied in good faith to two insurers for a required policy and was refused by both, and the Insurance Commissioner assigned the application to an insurer. The applicant has no conviction of a kind the statute lists for a higher surcharge. What does the assigned insurer add to the prevailing rate?
Answer: C. An automatic surcharge of 10 percent over the prevailing rate
Under Delaware's assigned risk provision, an applicant refused by two companies notifies the Insurance Commissioner, who assigns the application to an insurer. That insurer must promptly issue a policy at the prevailing rate plus an automatic 10 percent surcharge. The 50 percent surcharge is reserved for certificates required because of convictions such as driving while intoxicated, failing to stop and report after an accident, or homicide or assault arising from operating a vehicle. The 25 percent surcharge applies to excessive speed or reckless driving that actually causes injury or property damage. Charging the prevailing rate with nothing added is wrong because the 10 percent surcharge is automatic.
Source
Del. Code Ann. tit. 21, Sec. 2905(a)
Choose an answer to see the explanation.
6.A hearing officer from the Department of Labor is assigned to a hearing that the Industrial Accident Board itself conducts. What role may the hearing officer play when the Board deliberates on that case?
Answer: C. The hearing officer may stay to give legal advice but takes no part in deliberating or voting
Sec. 2301B(a)(5) makes the assigned hearing officer responsible for advising the Board on legal issues and writing the Board's decision. The same paragraph bars the hearing officer from participating in the Board's deliberations or voting on any matter the Board decides, while allowing the officer to remain present during deliberations to provide legal advice. A tie-breaking vote and a full vote are both votes, so both are barred. A requirement to leave the room contradicts the permission to stay and advise.
Source
Del. Code Ann. tit. 19, Sec. 2301B(a)(5) (Hearing officers)
Choose an answer to see the explanation.
7.Delaware law provides for an assigned risk plan that spreads automobile insurance for applicants who qualify in good faith but cannot obtain it in the ordinary market. Who does the statute direct to promulgate the regulations that put this plan into effect?
Answer: B. The Commissioner, by regulations reaching every insurer writing automobile insurance
Delaware's assigned risk plan statute directs the Commissioner to promulgate the regulations needed to apportion equitably, among all insurers writing automobile insurance in the State, the coverage owed to good-faith applicants who cannot get it through ordinary methods. The Secretary of Transportation and the Director of the Division of Motor Vehicles are not the officials this section names. A voluntary agreement among insurers is also not what the section provides, because it calls for regulations by the Commissioner that reach all insurers writing automobile insurance in Delaware.
Source
Del. Code Ann. tit. 18, Sec. 2527(1)
Choose an answer to see the explanation.
8.A Delaware insured is hurt when a hit-and-run vehicle strikes her car, and she reports the crash to the police. Under the statute's definition of a hit-and-run uninsured vehicle, what must she do regarding her own insurer?
Answer: C. Tell her insurer within 30 days, or as soon as practicable after, that she has a legal action from the crash
Delaware's definition of a hit-and-run uninsured vehicle requires that the accident be reported to the police and that the insured notify her own insurer within 30 days, or as soon as practicable after that, that she or her legal representative has a legal action arising from the accident. The notice goes to her insurer, not the Insurance Commissioner, and the period is 30 days with an allowance for later practicable notice, not a strict 10 days. The definition does not require her to identify the other driver and owner; for a vehicle that never touched the insured, it instead requires that the identity of both be unknown.
Source
Del. Code Ann. tit. 18, Sec. 3902(a)(3)(c)
Choose an answer to see the explanation.
9.A Delaware employer applies in good faith for workers' compensation coverage and is entitled to it, but no insurer will write it through ordinary methods. Under Delaware's residual market provision, how is this coverage made available?
Answer: A. Through a plan in which every insurer authorized to write the line shares it equitably
Delaware requires all insurers authorized to write workers' compensation and employers' liability insurance to take part in a plan that equitably apportions coverage among them for good-faith applicants who cannot obtain it in the ordinary way. Because participation is required of all authorized insurers, a plan limited to volunteers does not match the statute. The provision places this coverage in a plan shared among insurers, not in a Department of Labor fund or a Board order to a single company.
Source
Del. Code Ann. tit. 18, Sec. 2618(a)
Choose an answer to see the explanation.
10.A Delaware insured's parked car is damaged by an uninsured driver, and the insured claims under the property damage part of the uninsured vehicle coverage. The insured and insurer never agreed in writing to any particular deductible. What deductible applies to this one accident?
Answer: D. A $250 deductible
Delaware makes the property damage portion of uninsured vehicle coverage subject to a $250 deductible for property damage from one accident, unless the insured and the insurer agree in writing on a different deductible. The statute also counts loss of use of a vehicle as property damage. The $250 default moves only by written agreement, and none exists here, so a $100 deductible, a $500 deductible and no deductible are all wrong on these facts.
Source
Del. Code Ann. tit. 18, Sec. 3902(a)(2)
Choose an answer to see the explanation.

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1.A member of a Delaware named insured's household who customarily drives the insured car has had a license suspended under Section 1009 of Title 10. At renewal, what may the auto insurer do with the policy premium based on that suspension?

2.An employee of a Delaware-based employer is injured while engaged in interstate commerce, and a law of the United States provides for the employer's liability for that injury. How does Delaware's workers' compensation chapter treat the injury?

3.A Delaware private passenger auto policy has been in force for 8 months. The insurer learns that the named insured knowingly left an at-fault accident from 30 months earlier off the application, which asked for all accidents and moving violations. May the insurer cancel the policy on that basis?

4.An insurer issued a Delaware motor vehicle liability policy to a person whose application was assigned to it under the assigned risk statute. The insured has refused to pay the premium due. To cancel that assigned policy, what notice does the statute call for?

6.A hearing officer from the Department of Labor is assigned to a hearing that the Industrial Accident Board itself conducts. What role may the hearing officer play when the Board deliberates on that case?

7.Delaware law provides for an assigned risk plan that spreads automobile insurance for applicants who qualify in good faith but cannot obtain it in the ordinary market. Who does the statute direct to promulgate the regulations that put this plan into effect?

8.A Delaware insured is hurt when a hit-and-run vehicle strikes her car, and she reports the crash to the police. Under the statute's definition of a hit-and-run uninsured vehicle, what must she do regarding her own insurer?

9.A Delaware employer applies in good faith for workers' compensation coverage and is entitled to it, but no insurer will write it through ordinary methods. Under Delaware's residual market provision, how is this coverage made available?

10.A Delaware insured's parked car is damaged by an uninsured driver, and the insured claims under the property damage part of the uninsured vehicle coverage. The insured and insurer never agreed in writing to any particular deductible. What deductible applies to this one accident?

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