SB 189 DE Passed Legislature
ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO UNFAIR PRACTICES IN THE INSURANCE BUSINESS.
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Summary
This legislation is intended to ensure that individuals can, for a period of 15 days, rescind approval of a settlement in a personal injury case involving a motor vehicle accident if the individual was unrepresented at the time of settlement and if payment is returned upon rescission. This Act also requires notice to be given to an unrepresented individual of their right of recission in the release of liability. These changes will allow an individual greater ability to make an informed decision. This Act becomes effective on 6 months after its enactment into law. This Act is a substitute for Senate Bill No. 189. The Act differs from Senate Bill No. 189 in that it provides a rescission period of 15 days, rather than 60 days; it refers to “motor vehicle accidents” rather than “automobile accidents”; it adds a new subsection to make clear that the insurer may withhold any future settlement proceeds until it receives confirmation that the check or settlement proceeds have been returned; and it corrects a typo.
Sponsors (4)
- Nicole Poore Democratic · primary
- Sarah McBride · primary
- Bryan Townsend Democratic · primary
- Spiros Mantzavinos Democratic · primary
Action history (7)
- May 12, 2026 was introduced and adopted in lieu of SB 189 · upper
- May 13, 2026 Amendment SA 1 to SS 1 - Introduced and Placed With Bill · upper
- May 13, 2026 Amendment SA 1 to SS 1 - Passed By Senate. Votes: 21 YES · upper
- May 13, 2026 Passed By Senate. Votes: 21 YES · upper
- May 14, 2026 Assigned to Economic Development/Banking/Insurance & Commerce Committee in House · lower
- Jun 16, 2026 Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 10 On Its Merits · lower
- Jun 23, 2026 Passed By House. Votes: 39 YES 1 NO 1 ABSENT · lower
Text versions (2)
Full text
Full text imported from legis.delaware.gov
SPONSOR:
Sen. Poore
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE AMENDMENT NO. 1
TO
SENATE SUBSTITUTE NO. 1
FOR
SENATE BILL NO. 189
AMEND Senate Substitute No. 1 for Senate Bill No. 189 on line 5 by deleting " the infliction of the injuries " as it appears therein and inserting in lieu thereof " the motor vehicle accident ".
FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 189 on line 17 by inserting " confirmed by certified mail, certificate of mailing, ACH tracking number, or other recognized method of funds tracking " after " rescission period " and before the period therein.
SYNOPSIS
This Amendment to Senate Substitute No. 1 for Senate Bill No. 189 clarifies that an individual seeking to rescind a release of a claim must have the return a notice of rescission and settlement proceeds to the releasee or releasee's legal representative or insurance carrier confirmed by certified mail, certificate of mailing, ACH tracking number, or other recognized method of funds tracking. In addition, this Amendment clarifies that in order to be subject to this Act, a release must be signed by an individual within 30 days of the motor vehicle accident.
Author: Senator Poore
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