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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) The Commissioner may in the Commissioner's discretion forthwith take possession of the business and property, including the books and records, of any division of a bank or trust company acting as an insurer whenever it shall appear that such division:
(1) Is conducting its business in an unauthorized or unsafe manner;
(2) Is in an unsound or unsafe condition to transact its business; or
(3) Cannot with safety and expediency continue business as a result of any cause whatsoever.
(b) The Commissioner may require an examination of a bank or trust company, which bank or trust company has established and operates a division pursuant to § 767 of Title 5, by the Bank Commissioner as authorized under § 122 of Title 5, and a report of such examination shall be furnished to the Commissioner pursuant to § 124 of Title 5.
(c) After taking possession of the division of a bank or trust company acting as an insurer, the Commissioner shall take such steps to conserve or rehabilitate the business and property of such division as the Commissioner deems practicable or desirable, or if in the judgment of the Commissioner such conservation or rehabilitation is not practicable or desirable, the Commissioner may proceed to liquidate such business and property. All proceedings of the Commissioner for the conservation, rehabilitation, or liquidation of a division of a bank or trust company acting as an insurer shall be in accordance with the provisions of this title applicable to the conservation, rehabilitation or liquidation of insurers by the Commissioner.
Cite this article: FindLaw.com - Delaware Code Title 18. Insurance Code § 5904A. Proceedings against bank insurance division - last updated January 01, 2026 | https://codes.findlaw.com/de/title-18-insurance-code/de-code-sect-18-5904a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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