Privacy Law Library

Use of Credit Information in Personal Insurance

DE Insurance Credit Scoring Law

Credit reporting · Financial

Limits how personal-lines insurers use credit information: insurance scores may not use income, gender, sexual orientation, gender identity, education, address, zip code, race, religion, marital status, or nationality, and credit alone cannot drive denial, cancellation, or renewal rates. Insurers must disclose that they may use credit and give specific reasons for credit-based adverse actions.

Where
Delaware
Citation
18 Del. C. §§ 8301 to 8312 (Title 18, Chapter 83)
Status
In force
In force since
2008-01-01
Last amended
2018-05-01
Enforced by
Delaware Insurance Commissioner
People can sue
No
Penalties
Enforced under the Insurance Code; the chapter sets no separate penalty amounts.
Applies to
  • Insurers using credit information to underwrite or rate personal auto, motorcycle, boat, recreational vehicle, homeowners, mobile/manufactured home, and noncommercial dwelling fire insurance (8302, 8304)

What a privacy notice must say

  • Disclose on or at the time of application, in prescribed wording, that credit information may be used and that policyholders may annually request re-rating with a current report.18 Del. C. § 8307
  • For credit-based adverse actions, provide FCRA notice, up to 4 specific reasons, information on obtaining a free credit report, and a statement that the credit bureau did not make the decision; keep denial records 3 years.18 Del. C. § 8308

Practices it requires

  • Do not use insurance scores that factor in income, gender, sexual orientation, gender identity, education, address, zip code, race, ethnicity, religion, marital status, or nationality, and do not deny, cancel, nonrenew, or set renewal rates solely on credit information.18 Del. C. § 8304(a)(1)-(3)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: 83 Del. Laws c. 65 also amended the chapter and was not reviewed; the 2018-05-01 date is computed as 9 months after the Aug. 1, 2017 approval.

Research reference, not legal advice.