If complaints to the Insurance Commissioner’s Office about an auto, homeowner or health insurance policy do not provide a suitable solution to your issue, you may take part in a formal process called “arbitration”. In arbitration, you file a formal complaint against a company, somewhat like a lawsuit, but instead of a judge and jury, the case is decided by independent experts. For cases involving home or auto insurance, the matter is decided by a three-person panel made up of an attorney and two insurance adjusters who have no interest or stake in the case. For health insurance, it is a single expert.

Arbitration is available only after several attempts to resolve the matter informally have failed and will require a $50 filing fee for home and auto cases or a $75 filing fee for health insurance matters. Arbitration is not available to contest health insurance policy denials based on medical necessity.

Attorneys wishing to be considered as arbitration panel members may submit a resume to the Department of Insurance. Please direct your communication by email to: DOI-Legal@delaware.gov.

Auto Insurance:

• How to File for Automobile Arbitration
• Legal description of auto insurance arbitration (Regulation 901)
• Form to request auto insurance arbitration
• Form to respond to auto insurance arbitration request
• “Proof of Service” form for auto insurance arbitration

Homeowner Insurance:

• How to File for Homeowners’ Arbitration
• Legal description of homeowner insurance arbitration (Regulation 901)
• Form to request homeowner insurance arbitration
• Form to respond to homeowner insurance arbitration request
• “Proof of Service” form for homeowner insurance arbitration

Health Insurance Arbitration:

Arbitration of Health Insurance Disputes Between Individuals and Carriers (Regulation 1315):

• About health insurance arbitration
• Legal description of health insurance arbitration (Regulation 1315)
• Form to petition for health insurance arbitration
• Form to respond to petition for health insurance arbitration
• “Proof of Service” form required for health insurance arbitration

Provider Health Care Reimbursement Arbitration (Regulation 1313):

• About health care reimbursement arbitration
• Legal description of health care reimbursement arbitration (Regulation 1313)
• Form to petition for health care reimbursement arbitration
• Form to respond to health care reimbursement arbitration
• “Proof of Service” form required for health care reimbursement arbitration

Disputes Between Carriers and Non-Network Providers of Emergency Care (Regulation 1316):

• About Emergency Care Services arbitration
• Legal description of emergency care services arbitration (Regulation 1316)
• Form to petition for emergency care reimbursement arbitration
• Form to respond to emergency care reimbursement arbitration
• “Proof of Service” form required for health care reimbursement arbitration

SB 227/Reg 1319 Arbitration Program (Primary Care and Chronic Care Management Services):

• Instructions for filing and responding to SB 227/Reg 1319 Arbitration
• Legal description of primary care and chronic care management services reimbursement arbitration (Regulation 1319)
• Form to petition for primary care and chronic care management services reimbursement arbitration
• Form to respond to primary care and chronic care management services reimbursement arbitration
• “Proof of Service” form required for primary care and chronic care management services reimbursement arbitration