(a) For purposes of this section:

(1) “Data collection organization” means an insurance claim data collection organization or data match program that cooperates and coordinates with the Division of Child Support Services.

(2) “Director” means the Director of the Division.

(3) “Division” means the Division of Child Support Services.

Terms Used In Delaware Code Title 13 Sec. 2215A

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Lien: A claim against real or personal property in satisfaction of a debt.

(b) (1) Upon notice of a claim based upon negligence, personal injury, or workers’ compensation, an insurer authorized to transact business under Title 18 shall submit required claim data maintained by the insurer or other paying agent directly to a data collection organization.

(2) An insurer shall submit the claim data required under this section no less than monthly.

(3) The claim data required under this section must include the claimant’s name and address and if known, the claimant’s date of birth and social security number or other taxpayer identification number.

(c) A data collection organization must conduct a data match of all claimants provided under subsection (b) of this section and the data file provided by the Division and report any matches to the Division.

(d) If an insurer does not provide claim data under subsection (b) of this section, the insurer is liable to the Director for the amount that would have been due if the claim data had been reported and the lien issued and perfected.

(e) An insurer, other paying agent, or data collection organization is not liable for any of the following:

(1) Disclosing information under this section.

(2) Encumbering or surrendering assets under this section.

(3) Actions taken in good faith to comply substantially with the requirements of this section.

82 Del. Laws, c. 41, § 2;