{"data":{"id":"us-de/18-del.-c.-8805","jurisdiction":"us-de","citation":"18 Del. C. § 8805","heading":"Policy conditions.","body":"(a) (1) A pet insurer may issue a policy that excludes coverage on the basis of 1 or more preexisting conditions with appropriate disclosure to the consumer. The pet insurer has the burden of proving that the preexisting condition exclusion applies to the condition for which a claim is being made.\n(2) A condition for which coverage is afforded on a policy may not be considered a preexisting condition on a renewal of the policy.\n(b) A pet insurer may issue a policy that imposes a waiting period on effectuation of the policy that does not exceed 30 days for an illness or orthopedic condition not resulting from an accident. A waiting period for accidents is prohibited.\n(1) A pet insurer utilizing a waiting period permitted under this subsection (b) shall include a provision in the contract that allows the waiting period to be waived upon completion of a medical examination. A pet insurer may require the examination to be conducted by a licensed veterinarian after the purchase of the policy.\na. The policyholder must pay for a medical examination under subsection (b) of this section, unless the policy specifies that the pet insurer must pay for the examination.\nb. A pet insurer may specify an element to be included as part of the examination and require documentation thereof, but a specification may not unreasonably restrict a consumer’s ability to waive a waiting period under subsection (b) of this section.\n(2) A waiting period, and a requirement applicable to a waiting period, must be clearly and prominently disclosed to consumers prior to the policy purchase.\n(3) A waiting period may not be applied to a renewal of existing coverage.\n(c) A pet insurer may not require a veterinary examination of the covered pet for the insured to have the insured’s policy renewed.\n(d) If a pet insurer includes a prescriptive, wellness, or noninsurance benefit in the policy form, the benefit is made part of the policy contract and must follow applicable laws and regulations under this title.\n(e) An insured’s eligibility to purchase a pet insurance policy must not be based on participation, or lack of participation, in a separate wellness program.","path":["Title 18. Insurance Code","Miscellaneous","CHAPTER 88. Pet Insurance Act"],"source_url":"https://delcode.delaware.gov/title18/c088/index.html#8805","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:25Z","sha256":"bc160028b65c784bbcbbcb45e24954a412456aef094adefc256025f6e6a25d74","source_id":"us-de","stale":true,"prev":"us-de/18-del.-c.-8804","next":"us-de/18-del.-c.-8806"},"notice":"GroundRules: Original legal text. Not legal advice."}