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Delaware Code Title 18. Insurance Code § 2720A. Property insurance for beneficiary of transfer on death deed

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) As used in this section:

(1) “Beneficiary” means as defined under § 202 of Title 25.

(2) “Insurable interest” means an insured's interest in real property, concerning which the insured is entitled to the benefits of insurance coverage under a policy.

(3) “Insured” means a person that is entitled to the benefits of a policy.

(4) “Property” means as defined under § 202 of Title 25.

(5) “Transfer on death deed” means as defined under § 202 of Title 25.

(6) “Transferor” means as defined under § 202 of Title 25.

(b) Notwithstanding § 2720 of this title and subject to subsection (c) of this section, a beneficiary of a transfer on death deed is an insured to the extent of the transferor's insurable interest in property that the beneficiary has acquired or received by a transfer on death deed.

(c) Except as provided in subsections (d) and (e) of this section, for 60 days immediately following the death of the transferor, a beneficiary of a transfer on death deed is an insured under a policy insuring the property of the transferor.  At the time of the transferor's death, and for 60 days after the transferor's death, the beneficiary succeeds to the rights and obligations of the transferor under the policy to the extent of the transferor's insurable interest in property that the beneficiary has acquired or received by a transfer on death deed.

(d)(1) Subject to paragraph (d)(2) of this section, if a policy has an expiration date that is less than 60 days after the death of the transferor, insurance coverage continues for 30 days or until the expiration date of the policy, whichever is later.

(2) If the later date under paragraph (d)(1) of this section extends beyond the expiration date of the policy, insurance coverage continues only if the beneficiary has paid the premium applicable to the coverage extending beyond the expiration date.

(e) If a beneficiary obtains a policy insuring the property that the beneficiary acquired or received by a transfer on death deed, the beneficiary is not an insured under subsection (c) of this section.

(f) This section applies to a loss or damage incurred on or after December 4, 2025.

(g) This section applies regardless of whether policy was created before, on, or after December 4, 2025, unless the application of this section to the policy would do any of the following:

(1) For a policy issued before December 4, 2025, give a right to a beneficiary that the beneficiary was not reasonably intended to have, other than the beneficiary's right to insurance coverage until the time limitation under subsection (c) or (d) of this section.

(2) For a policy issued at any time, relieve a beneficiary from a duty or liability imposed on the transferor by the terms of the policy.

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Cite this article: FindLaw.com - Delaware Code Title 18. Insurance Code § 2720A. Property insurance for beneficiary of transfer on death deed - last updated January 01, 2026 | https://codes.findlaw.com/de/title-18-insurance-code/de-code-sect-18-2720a/

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