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Legislation Document
SPONSOR:
Rep. Morrison & Sen. Mantzavinos
Reps. Lambert, Burns, Hilovsky, Berry; Sen. Seigfried
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 299
AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LIFE INSURANCE POLICY EXCLUSIONS AND RESTRICTIONS BASED ON DEATH RESULTING FROM SUICIDE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 2926, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2926. Limitation of liability.
(a) No policy of life insurance shall be delivered or issued for delivery in this State if it contains any of the following provisions:
(1) A provision limiting the time within which an action at law or in equity may be commenced on such a policy to less than 3 years after the cause of action has
accrued;
accrued.
(2) A provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a policy may contain provisions excluding or restricting coverage as specified therein in the event of death under any one or more of the following circumstances:
a. Death as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces, or of any act or hazard of such war or action, or of service in the military, naval or air forces or in civilian forces auxiliary thereto, or from any cause while a member of such military, naval or air forces of any country at war, declared or undeclared, or of any country engaged in such military
action;
action.
b. Death as a result of aviation or any air travel or
flight;
flight.
c. Death as a result of a specified hazardous occupation or occupations or
avocation;
avocation.
d. Death while the insured is a resident outside continental United States and
Canada; or
Canada.
e. Death within
2 years
1 year
from the date of issue of the policy as a result of suicide, while sane or insane.
This paragraph applies to a policy issued on or after [the effective date of this Act].
(e) A life insurance policy or certificate that contains any exclusion or restriction under paragraph (a)(2)e. of this section must also provide that in the event any death benefit is denied because the insured dies as a result of suicide within 1 year from the date of issue of the policy, the insurer shall refund all premiums paid for coverage providing the denied death benefit on the insured.
Section 2. This Act takes effect 6 months after its enactment into law.
SYNOPSIS
Current Delaware law provides that a life insurance policy may contain a provision excluding or restricting coverage in the event of death by suicide within 2 years from the date of issue of the policy. This Act reduces the time period to 1 year from the date of issue of the policy. It applies to a policy that is issued after the effective date of the Act.
This Act also requires that in the event any death benefit is denied because the insured dies as a result of suicide within 1 year from the date of issue of the policy, the insurer must refund all premiums paid for coverage providing the denied death benefit on the insured.
This Act is effective 6 months after its enactment into law.