SB 189 Delaware Senate · 153rd General Assembly (2025-2026)

ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO UNFAIR PRACTICES IN THE INSURANCE BUSINESS.

Summary
This legislation is intended to ensure that individuals can, for a period of 15 days, rescind approval of a settlement in a personal injury case involving a motor vehicle accident if the individual was unrepresented at the time of settlement and if payment is returned upon rescission. This Act also requires notice to be given to an unrepresented individual of their right of recission in the release of liability. These changes will allow an individual greater ability to make an informed decision. This Act becomes effective on 6 months after its enactment into law. This Act is a substitute for Senate Bill No. 189. The Act differs from Senate Bill No. 189 in that it provides a rescission period of 15 days, rather than 60 days; it refers to “motor vehicle accidents” rather than “automobile accidents”; it adds a new subsection to make clear that the insurer may withhold any future settlement proceeds until it receives confirmation that the check or settlement proceeds have been returned; and it corrects a typo.
Bill status passed both 4 of 5 stages cleared
Introduction
May 2026
Committee Review
Jun 2026
Senate Passage
May 2026
House Passage
Jun 2026
Governor
Introduced May 12, 2026 Last action Jun 23, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SA 1 to SS 1 for SB 189 Bill Text · 6 edits
MODERATE
SB 189 moved from a Senate Amendment to the full Bill Text (Senate Substitute No. 1), incorporating and modifying prior amendments. The final version shortens the rescission period from 60 days to 15 days, broadens the scope from 'automobile accidents' to 'motor vehicle accidents,' adds a requirement that insurers provide written notice of the right to rescind, and permits insurers to withhold future payments until returned funds are confirmed. A co-sponsor (Rep. Chukwuocha) was added.
Scope change
Scope broadened from 'automobile accidents' to 'motor vehicle accidents,' and the rescission window narrowed from 60 days to 15 days. The bill now also explicitly covers situations where no written release exists (e.g., cashing a settlement check without signing a document).
TIMELINE

The rescission period was shortened from 60 days (in the original SB 189) to 15 days after signing the release or cashing a settlement check.

The Act takes effect 6 months after enactment into law.

SCOPE

Changed 'automobile accidents' to 'motor vehicle accidents,' broadening the types of vehicles and incidents covered by the rescission right.

REQUIREMENT

New subsection (d) requires that any release of liability signed within 30 days of the accident must conspicuously state the individual's right to rescind, either on the release document, on the settlement check, or via written communication if neither exists.

The final text requires the rescission notice and returned funds to be sent no later than 10 days after the 15-day rescission period expires (effectively 25 days from signing), replacing the prior amendment's requirement of confirmation via certified mail, ACH tracking number, or other recognized method of funds tracking.

ENFORCEMENT

New subsection (c) allows an insurer to withhold payment of any future settlement proceeds until it receives confirmation that the original check or settlement proceeds have been returned by the injured individual.

Floor votes · Senate May 13, 2026 · House Jun 23, 2026

How they voted

210
Passed
Total votes 21
May 13, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
7
Key actions
4
Committee
1
Amendments
2
Jun 23, 2026
Lower · Passed
Passed By House. Votes: 39 YES 1 NO 1 ABSENT
lower
Jun 16, 2026
Lower · Passed
Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 10 On Its Merits
lower
May 14, 2026
Introduced
Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
lower
May 13, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
May 13, 2026
Upper · Passed
Amendment SA 1 to SS 1 - Passed By Senate. Votes: 21 YES
upper
May 13, 2026
Introduced
Amendment SA 1 to SS 1 - Introduced and Placed With Bill
upper
May 12, 2026
Introduced
was introduced and adopted in lieu of SB 189
upper
3 primary · 0 co-sponsors

Sponsors