(a) No insurer shall honor a request for a cash refund on cancellation of a policy by the insured until such time as the insured has provided sufficient evidence to the insurer that one of the following has occurred:
(1) The insured has other insurance in effect which provides at least such minimum insurance coverage as is set forth in § 2118 of Title 21.
(2) The insured vehicle is no longer owned by the insured.
(3) The vehicle is no longer operable or capable of being repaired so as to become operable.
(4) The insured becomes self-insured under the provisions of § 2904 of Title 21.
(b) The requirement of “sufficient evidence” under subsection (a) of this section is satisfied by the insured providing the insurer with an affidavit certifying that any 1 of the conditions set forth in subsection (a) of this section has occurred. The insurer shall notify any insured who requests a cash refund on cancellation of a policy of the requirements of this section, and shall provide an appropriate form of affidavit, approved by the Insurance Commissioner (who is expressly authorized to approve appropriate forms of such affidavit), for execution by the insured. Any form of affidavit presented to or executed by an insured under this section shall bear a notice to the effect that false statements therein are punishable pursuant to § 1233 of Title 11.
67 Del. Laws, c. 142, § 1; 67 Del. Laws, c. 218, § 1.
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