Mandatory Delaware Arbitration

Delaware Road SignThe Delaware Department of Insurance recently issued Domestic/Foreign Insurers Bulletin No. 77 as a reminder for all insurers writing the coverages required under 21 Del. C. § 2118(a)(1)-(4) that they are required to submit to mandatory arbitration (AF) all subrogation claims among insurers pursuant to 21 Del. C. § 2118(g)(3).

The language of Section 2118(g) states that inter-company arbitration for subrogation claims applies to "all benefits provided under subsections (a)(1)-(4)."

Based on the coverages noted in (a)(1)-(4), intercompany arbitration through AF is mandatory in Delaware for disputes arising as a result of an accident involving a Delaware-registered motor vehicle under the following forums: Auto, PIP, Property, and Special.

View the FAQ prepared by AF to learn more information.

For more information specific to Domestic/Foreign Insurers Bulletin No. 77 and Del Code, Title 18, Section 2118, please submit your inquiries to

Article published in: October 2015 E-Bulletin