Delaware is the lowest lying state in the country, and nearly every serious question about commercial property insurance here comes back to water. The beach towns from Lewes to Fenwick Island face the Atlantic and its storms. The Delaware Bay shore floods on nor'easters and on ordinary high tides, and that tidal flooding is getting measurably worse year by year rather than waiting for a hurricane. Even inland, the one peril excluded from the property policy everywhere is the one an owner is most likely to need.
The rest of the Delaware market is easier. Capacity is broad, Wilmington's commercial corridor is written competitively, and the state offers larger owners something almost no other state can: a home for their own captive insurer. This page covers how Delaware regulates the market, how the coast, the bay and inland winter are underwritten, where a captive fits, and how we place senior living, apartment, hotel and car wash properties from Wilmington and Newark to Rehoboth Beach.
Who regulates property insurance in Delaware
Delaware Department of Insurance
An elected commissioner and a captive domicile
The Delaware Department of Insurance, in the card above, is led by a commissioner chosen by the voters rather than appointed, and it oversees ordinary consumer and commercial insurance like any other department. What sets it apart is its second job. Delaware is one of the country's significant captive domiciles, and the same corporate law infrastructure that brings companies to the state, the Court of Chancery included, shapes how larger property owners arrange their insurance.
For an owner with a handful of buildings, a captive is not the answer. For an operator with many properties and a steady loss record, it can be. A captive lets the owner fund the layers they would otherwise retain as deductibles or buy at a high price, the first loss on a coastal hotel for example, through a company of their own, with the commercial market insuring above it. That is a structure decision rather than a policy purchase, and it only makes sense once the portfolio's premium is large enough to carry the cost of running one. Delaware is one of the few states where that conversation can be held at home.
Surplus lines has a narrower job. Coastal hotels and coastal habitational property are the most likely candidates, filed with the department once the admitted market has been tried. A Wilmington apartment building or a well kept inland property belongs with an admitted carrier.
What carriers underwrite for in Delaware
- Coastal flood
- Nor'easter
- Hurricane
- Storm surge
- Winter storm
- Severe convective storm
Surge, tides and a winter inland
At the beach, the exposure is a coastal storm with surge behind it, and named storm deductibles apply there as a result. That deductible is a percentage of the building's insured value, so an owner should see it in dollars before binding, and a financed owner should check it against the Fannie Mae, Freddie Mac and HUD limits before the lender does.
On the bay, the risk is less dramatic and more constant. Water arrives with nor'easters and with high tides, and the trend is upward. A building that has stayed dry for twenty years is not proof that it will stay dry for the next twenty, and a flood decision made on the building's history alone is made on the wrong evidence. Flood is the central item on almost every coastal Delaware placement: mapped zones cover the beach towns and the bay shore, lenders require cover inside them, and the National Flood Insurance Program's commercial limits usually leave a hotel or larger apartment complex needing an excess flood layer above them. The property policy then has to fit around that flood program, which is why we write property cover designed around the flood program beneath it rather than treating the two separately.
Inland, Delaware underwrites like the Mid-Atlantic around it. Nor'easters bring snow and ice, and summer storms bring wind and hail. Freeze is the loss that finds the older buildings around Wilmington, so original plumbing, pipes in unheated spaces and the age of the heating plant are what an underwriter asks about there. A building with those systems replaced and dated presents as a different risk from one without, and roof age and covering belong in an inland file as much as a coastal one. On the coast we size income cover for a shore property closed by surge on the time a coastal repair actually takes.
The Delaware market right now
Admitted and surplus lines in Delaware
Insurance requirements when the loan is HUD, Fannie or Freddie
Delaware and the four classes we place
Water reaches every class here, but not in the same way.
Senior living
A community near the bay or the beach needs a plan for moving residents before the water arrives, and the income cover to carry the building while it is closed. HUD Section 232 communities in Delaware are licensed through the Department of Health and Social Services. See senior living communities planning for high water.
Apartments
Larger coastal complexes usually need flood above the federal limit, and on agency financing both the flood amount and the named storm percentage will be checked. Inland Wilmington stock is judged on age and winter performance. Our page for apartment complexes with flood written into the loan covenants covers the class nationally.
Hotels
Coastal hotels share the likeliest route into surplus lines with coastal habitational property, and a hotel has its room revenue at stake every day a storm keeps it shut. A multi-property hotel operator is also the owner most likely to benefit from a captive for the first layer of loss. More on beach and bay hotel programs.
Car washes
A car wash on low ground carries its equipment at floor level, so flood cover needs to reach the contents as well as the building. Inland, a wash faces the same freeze season as the rest of northern Delaware, and heat in the equipment room is the first question. See car wash operators on flat, low ground.
Where we place business in Delaware
- Wilmington
- Dover
- Newark
- Rehoboth Beach
- Lewes
What we need to quote a Delaware property
A Delaware underwriter asks where the building sits relative to the water before anything else.
- Property and flood declarations pages with every endorsement, and the named storm deductible wording on coastal buildings.
- A replacement cost schedule of values with each building's address and county.
- Flood zone, elevation certificates and the federal and excess flood limits in force.
- Any history of tidal or storm water entering the building, even where no claim was made.
- For older inland buildings, the dates of the last plumbing, heating and roof work.
- Five years of loss runs, with storm, flood and freeze claims marked.
- For owners with many properties, total premium and retained losses by year, if a captive is worth discussing.
Getting a Delaware coastal program right
Most Delaware programs are won or lost on flood: the right limit, an excess layer where the federal limit falls short, and a property policy that meets it without a gap. We show the named storm retention and the flood limits in dollars beside each other, and for larger owners we will say honestly whether a captive would pay for itself or whether the commercial market is still the better buy.
We place property and liability for senior living, apartment, hotel and car wash owners across Delaware. See how a Delaware program is put together and why multi-property owners use a specialist broker. Owners across the state lines can compare Maryland's Chesapeake and Ocean City exposure and New Jersey after Superstorm Sandy, and owners weighing a captive can read about Vermont, the largest captive domicile in the country.
Send the declarations pages and a schedule of values to begin a Delaware quote.
Alex Toler is not yet licensed in Delaware. For a Delaware property, he obtains a Delaware nonresident producer license before any coverage is placed.
Official Delaware sources
Primary sources for the rules and the flood, wind and wildfire data this page refers to.