(a) A pet insurer or insurance producer may not market a wellness program as pet insurance.
- (1) If a wellness program undertakes to indemnify or pay another as to loss from a certain specified contingency or peril, or to pay or grant a specified amount or determinable benefit in connection with an ascertainable risk contingency, the wellness program is transacting in the business of insurance and is subject to the Insurance Code.
- (2) The definition for “wellness program” under § 8803 of this title does not classify a contract directly between a service provider and a pet owner that involves only the 2 parties as being “the business of insurance,” unless another indication of insurance also exists.
(b) If a pet insurer or insurance producer sells a wellness program, all of the following apply:
- (1) The purchase of the wellness program must not be a requirement to the purchase of pet insurance.
- (2) The cost of the wellness program must be separate and identifiable from a pet insurance policy that a pet insurer or insurance producer sells.
- (3) The terms and conditions for the wellness program must be separate from a pet insurance policy that a pet insurer or insurance producer sells.
- (4) A product or coverage available through the wellness program may not duplicate a product or coverage available through the pet insurance policy.
- (5) The advertising of the wellness program must not be misleading and must meet the requirements of this subsection.
(6) A pet insurer or producer shall clearly disclose all of the following to consumers, printed in 12-point boldface type:
- a. That a wellness program is not insurance.
- b. The address and customer service telephone number of the pet insurer or insurance producer or broker of record.
- c. The Department of Insurance’s mailing address, toll-free telephone number, and website address.
- (c) Coverage included in a pet insurance policy contract described as a “wellness” benefit is insurance.
84 Del. Laws, c. 184, § 1