Last month, the Delaware Department of Insurance (the “Department”) issued Domestic/Foreign Insurers Bulletin No. 46 to provide guidance regarding the implementation of the Civil Union and Equality Act of 2011 (the “Act”), which becomes effective January 1, 2012. The Act provides that two persons of the same sex who establish a civil union shall be subject to the same requirements and entitled to the same rights, protections and benefits as married couples under Delaware law.
The Department will interpret the term “spouse” used in any insurance policy, contract, or application to include a same-sex spouse in a legal civil union. While the Department does not require insurers to file amended forms, any existing and newly-issued policies must be administered in accordance with the Act. The Department also strongly recommends that insurers amend applications and other documents given to policyholders by January 1, 2012.