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Delaware Department of
Insurance

Company Regulation (BERG)


Please refer to the Departments Annual Filing Checklists for specific filing instructions.
Electronic signatures/notarizations are currently being accepted.

Insurers are encouraged to file required forms electronically to berg@delaware.gov. Filing fees must be in the form of a check and be accompanied by a cover letter.
The Department will accept electronic signatures that comply with the Uniform Electronic Transactions Act, Title 6 Ch. 12A. Pursuant to HB 262 remote notarization will be accepted if authorized in the state in which the document is being notarized.

ALL PAYMENTS MUST BE MADE PAYABLE TO THE DELAWARE DEPARTMENT OF INSURANCE.
The Bureau of Company Examination, Rehabilitation and Guaranty, or BERG, is responsible for assuring the financial health and stability of insurance companies in Delaware. It does so by analyzing and assessing the financial condition of insurance companies domesticated and doing business in Delaware in order to protect consumers and, if necessary, by managing, rehabilitating or liquidating financially impaired insurers.

General Information

Active Companies

Delaware Department of Insurance – BERG Contact Information

Filing Checklists (Refer to Note E in regard to Delivery instructions):

Enforcement

Examination Reports

Fees

Forms

Affidavit Insurance Data Security Act Data Security Act – HB174 – Only required for Domestics

Affidavit of Exemption

Application for Name Change

Certificate Request Request form for certificates. Applicable fees are required at time of request

Form 11 Biographical Affidavit – UCAA

Form 12 Uniform Consent to Service of Process

Form D1 Designation of Person for Receipt of Service of Process

Form D2 Designation of Person to Receive Regulations, Bulletins, etc.

Form PF-1 Insurance Premium Finance Company Application

Fraud Prevention Bureau Fee Information

H-1 Form Application For Managed Care Organization Certificate Of Authority

H-2 Form Questionnaire For Certificate Of Authority Of Managed Care Organization

H-4 Form Designation of Individual for Receipt of Bulletins, Etc.

NAIC Company Code Application Required following approval of UCAA Primary application and issuance of Certificate of Authority

Surety Waiver

Use of Trade name or DBA

Voluntary Dissolution of a Delaware Domestic Company Procedure for dissolving a Delaware domestic company

Voluntary Surrender of License – TPA

Miscellaneous

Retaliatory Statements

Statutory Membership Requirements

Company Information

Authorized Bank and Trust Companies

Director/Officer updates AFTER Licensure

    • DOMESTIC:
      • NAIC Biographical Affidavits are required for all changes in Officers, Directors or Key Managerial Personnel and individuals with a 10% or more beneficial ownership in the company. Email with cover letter to berg@delaware.gov within 60 days of the change
    • FOREIGN:
      • NAIC biographical affidavits are NOT required for new officers or directors. However, a letter of notification is required for changes to Officers (not directors) emailed to berg@delaware.gov within 60 days of change. Notification letter must include the Company Name(s), NAIC#(s), Business Address, Phone Number, and Email Address

Please refer to the state specific chart on the NAIC website: Fingerprint and Biographical Affidavit Requirements – Industry UCAA (naic.org)

Reminder: Non-Public information (NPI) should be sent securely using the State preferred method of Egress Secure

Schedule of Company Fees, Taxes and Deposits

Security Exchange Request

Security Exchange Request– Request changes to Securities held in Escrow

UCAA Information

UCAA – Uniform Certificate of Authority Application information

Company Types

Fraternal

Fully Insured Multiple Employer Welfare Arrangement – MEWA

Managed Care Organizations

18 Del. Admin C. § 1403 (Formerly Regulation 58)

18 Del. C. §§ 6401-6420

Requirements for Obtaining Authority as a Managed Care Organization

Pharmacy Benefits Manager (PBM)

18 Del. C. § 33A

PBM Final Order Effective 8/11/2020

Pharmacy Benefits Manager Checklist/Registration application

  • A pharmacy benefits manager shall register with the Commissioner as a pharmacy benefits manager before providing pharmacy benefits management services in this State. §3353A

Annual Renewal – May 1 (Please do not submit more than 60 days in advance)

Pharmacy Benefits Manager Name Change Application

Affidavit of Lost PBM Certificate form

Pharmacy Benefits Manager Address Change form

Pharmacy Benefits Manager Reports

  • A pharmacy benefits manager shall provide a Pharmacy Benefits Manager Network Adequacy report annually describing the pharmacy benefits manager network and the pharmacy benefits manager network’s accessibility in this State. § 3363A (a)
    • Delaware PBM Annual Network Adequacy Report
  • A pharmacy benefit manager shall provide quarterly reports with itemized amounts of pharmacy benefits manager revenue, rebate and paid sources as required in § 3363A (b). The PBM will be required to submit one Attestation and Quarterly itemized report per insurer.

Pharmacy Benefits Manager/Respondent MAC Appeal Form
 

Premium Finance Companies

18 Del. Admin C. § 2001 (Formerly Regulation 21)

18 Del. C. §§ 4801-4812

Requirements for Obtaining a License as a Premium Finance Company

Annual Renewal – January 1 (Please do not submit more than 60 days in advance)

Rating Organizations

Reinsurance Intermediary

Risk Purchasing Groups/Risk Retention Groups

Solicitation Permit

Surplus Line Insurers

Third Party Administrators (TPA)

Reinsurance

Accredited Reinsurer

Certified Reinsurance

Reciprocal Reinsurer

Internationally Active Insurance Groups (IAIG)

Identified Groups

Miscellaneous Links

Links


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