Carrier Arbitration Obligations Under Department Regulation 901

♦INSURANCE.DELAWARE.GOV♦ 1351 W. NORTH ST., SUITE 101, DOVER, DELAWARE 19904 (302) 674-7300 DOVER♦ (302) 259-7554 GEORGETOWN♦ (302) 577-5280 WILMINGTON TRINIDAD NAVARRO COMMISSIONER STATE OF DELAWARE DEPARTMENT OF INSURANCE DOMESTIC AND FOREIGN INSURERS BULLETIN NO. 155 TO: ALL PROPERTY & CASUALTY CARRIERS DOING BUSINESS IN DELAWARE RE: CARRIER ARBITRATION OBLIGATIONS UNDER DEPARTMENT REGULATION 901 DATED: August ____, 2025 The Delaware Department of Insurance (“Department”) issues this bulletin to remind all carriers of their obligation under 18 DE Admin. Code § 901 to promptly respond to arbitration petitions filed by insureds and claimants and to ensure timely payment of respondents' filing fees. Background: The Department has observed a consistent pattern of noncompliance among carrier Respondents in arbitration proceedings, specifically the failure to respond to properly filed arbitration petitions within the required timeframe. In addition, the Department has identified ongoing delays by carriers in forwarding petitions to legal counsel, which frequently result in requests for continuances. These delays compromise the fairness and efficiency of the arbitration process. In light of these issues, the Department reminds carriers of their obligations under 18 DE Admin. Code § 901 as follows:  Respondents are required to submit a response within 20 business days of receiving a properly filed arbitration petition, along with payment of the proper filing fee.  Matters will proceed to hearings for summary disposition in accordance with 18 DE Admin. Code § 901-8.3 if timely responses are not submitted. Requests for continuances arising from internal procedural delays will not be granted.  A carrier’s delay in forwarding an arbitration petition to its legal representative will not satisfy the “manifest injustice” standard required to reopen an arbitration matter once it has been closed. Carriers must ensure that all arbitration petitions are promptly routed and addressed upon receipt, and that the required filing fee is remitted without delay. Internal workflows should be reviewed to guarantee that arbitration contacts and legal counsel receive petitions in a timely and reliable manner. 11 NOTE: This Bulletin is intended solely for informational purposes. It is not intended to set forth legal rights, duties, or privileges, nor is it intended to provide legal advice. Readers should consult applicable statutes and rules and contact the Delaware Department of Insurance if additional information is needed. Page | 2 Enforcement: Failure to comply with its obligations under 18 DE Admin. Code § 901 may result in regulatory review and potential enforcement action under 18 Del. C. §§ 329 and 520, including applicable penalties. All updates to designated Arbitration Contact information must be submitted via email to berg@delaware.gov and executed within 30 days following any change in personnel. Questions about this Bulletin should be emailed to arbitration@delaware.gov. This Bulletin shall be effective immediately and shall remain in effect unless withdrawn or superseded by subsequent law, regulation or bulletin. ______________________________________ Trinidad Navarro Delaware Insurance Commissioner