Adding Delaware to Compact Filings

Weekly Tips

Adding Delaware to Compact Filings

8/17/21

Today, Delaware is effective for Compact filing use, and filers should be aware of a few points that may affect the Compact’s standard 48-hour acknowledgement of a newly added jurisdiction. To ensure a timely response, please verify that these points have been addressed. As a reminder, Delaware may not be added to long-term care filings. In its legislation, Delaware opted out of long-term care insurance.

1. If a Supporting Documentation Update (SDU) filing submission is updated to include Delaware, so should the approved form filing to which the SDU filing relates. The filer is responsible for adding Delaware to an approved filing and any SDU filings related to it that reflect the current version of the product.

2. If a filer is adding Delaware to an application, endorsement, or rider filing with no Mix and Match, please make sure the associated product and rider filings also include Delaware, as applicable. If a product form filed directly with Delaware will be used instead of a Compact-approved form, the Delaware form must be listed on the Statement of Intent before Delaware is acknowledged. Be sure to review the Compact’s Mix and Match guidance if your company intends to add Delaware to pending or approved Compact product filings. Refer to the Weekly Tip issued on August 12th for more information. Entries may be added to the Statement of Intent tab even if there have been no other state-approved forms or products in use already included on the filing.

3. The Delaware filing fee is $150 per form. Please remit the accurate filing fees for all the forms included in the filing. Even if your company will not use all the forms in a filing in Delaware, the fee must be paid for all included forms. There is no exception to this requirement. No Insurance Compact filing fees are charged to add Delaware to an approved or pending filing.

The acknowledgement process is delayed when the Insurance Compact Office must navigate a web of filing submissions to ensure that these requirements are satisfied. When the filer has made sufficient connections between approved and pending filings, add-a-state requests are typically addressed within 48 hours of the request.

For more details concerning Delaware joining the Compact, please see the Press Release.

If you have any questions about adding a state to your Compact filing, or about the Insurance Compact in general, please contact the Insurance Compact Office.