---
title: "Fiduciary Liability Insurance in Delaware"
description: "Check Delaware small-group administrator assignments and continuation exposure when preparing a fiduciary-liability submission."
canonical: "https://spot.insure/coverage/fiduciary/delaware"
page-type: "coverage-state-guide"
updated-at: "2026-09-28"
---

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# Fiduciary Liability Insurance in Delaware

Delaware § 3571F covers qualifying insured group policies for employees of employers that normally had 1–19 employees, when federal COBRA/Public Health Service Act continuation does not govern; continuation can last up to nine months. The employer is the statutory administrator unless it designates another in writing, but that title alone does not establish ERISA fiduciary status or who a liability policy insures.[^2][^1]

**Coverage:** [Fiduciary liability](/coverage/fiduciary) · [Delaware](/coverage/states/delaware)

## What Is Fiduciary Liability?

Fiduciary liability can protect your company and plan fiduciaries when participants claim mishandling of an employee benefit plan. If you sponsor a retirement or health plan, check who is insured and whether both administration errors and fiduciary-breach claims are addressed. [Read the national Fiduciary liability guide](/coverage/fiduciary).

## What to Watch for in Delaware

### Name The Statutory Administrator

Delaware § 3571F defines its administrator as a person designated by the employer in a written agreement to manage the group policy; without one, the employer is administrator. This statutory assignment is separate from ERISA's functional fiduciary test and the policy's insured definition; list each role separately in the application.[^2][^1]

### Separate The Notice And Election Handoffs

For a qualifying event, the employer has 30 days to notify the administrator or designee, covered employee and insurer. The employee then has 30 days after notice to elect, and the administrator has 14 days to notify the insurer after election; assign each deadline to a named person.[^2]

### Check The Three-Month Coverage Record

A person must have been continuously insured for the three months ending at termination and continuation is unavailable to someone covered by Medicare or who fails to verify ineligibility for employer-based group coverage as a dependent. It is also unavailable if the person is or could be covered by another insured or uninsured group arrangement providing hospital, surgical or major medical coverage and was not covered by that arrangement immediately before termination; this test excludes Delaware Medical Assistance. Confirm these facts before routing an election.[^2]

## Who Regulates Insurance in Delaware

**Delaware Department of Insurance.** The Delaware Department of Insurance licenses and regulates insurers and insurance producers, reviews regulated insurance activity, and handles complaints. Its consumer division can help you raise an insurance concern and its services page links to official license searches.[^3][^4][^5]

- [Regulator website](https://insurance.delaware.gov/)
- [License lookup](https://insurance.delaware.gov/services/)
- [File a complaint](https://insurance.delaware.gov/divisions/consumerhp/)
- Phone: (800) 282-8611

### Surplus-Lines Tax and Stamping Office

**Reported tax rate:** 3% of gross premium, less return premium, when Delaware is the home state When Delaware is the insured’s home state, its 3% surplus-lines premium tax applies to the entire premium of a multistate policy, less returned premiums and excluding federal and state taxes and examination fees. Ask the surplus-lines broker to confirm the home-state determination and tax calculation, and separately explain how exposures are allocated in the required reports; those allocations do not reduce the premium subject to Delaware’s tax.[^6][^7]

## Providers With Documented State Licenses

These providers publish a national listing for Fiduciary liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm that the product is available in Delaware; [check the regulator’s license lookup](https://insurance.delaware.gov/services/) and confirm state availability for your business when requesting a quote.

- [Coalition](/insurance-providers/coalition) — **Entity:** Coalition Insurance Solutions, Inc.; **role:** Insurance producer, Surplus-lines broker; **checked:** 2026-09-28. **Scope:** Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only.[^9]
- [Corgi](/insurance-providers/corgi) — **Entity:** Corgi Insurance Services, Inc.; **role:** Insurance producer; **checked:** 2026-09-28. **Scope:** Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability.[^10]
- [RiskCube](/insurance-providers/riskcube) — **Entity:** RiskCube Insurance Services, LLC; **role:** Insurance producer; **checked:** 2026-09-28. **Scope:** RiskCube’s license page, effective February 11, 2026, lists property-and-casualty producer/broker licenses in California and Delaware and names NPN 21694336. The company says it is expanding its licensing footprint; no other states are listed.[^13]

## Questions to Ask Before You Buy in Delaware

1. Has the employer designated a § 3571F administrator in a written agreement, or is the employer itself the statutory administrator?
2. Who reports a Delaware qualifying event to the administrator, employee and insurer within 30 days, and who forwards an election within 14 days?
3. Can we document the three months of continuous coverage and check Medicare, employer-dependent coverage, and whether the person is or could be covered by another group arrangement they were not covered by immediately before termination (excluding Delaware Medical Assistance)?
4. Does the fiduciary quote separately list the statutory administrator and the people who exercise discretionary plan functions?

## Fiduciary Liability in Delaware: FAQ

### How long can Delaware small-employer continuation coverage last?

Up to nine months under § 3571F for an eligible person under an insured group policy, if federal COBRA or Public Health Service Act continuation does not apply and the section's other conditions are met.[^2]

### Who is the administrator if a Delaware employer does not designate one?

The employer is the statutory administrator under § 3571F unless it designates another person in a written agreement. That assignment does not by itself determine ERISA fiduciary status or confirm that the administrator is an insured under a fiduciary liability policy.[^2][^1]

## Fiduciary Liability in Other States

- [Alabama](/coverage/fiduciary/alabama)
- [Alaska](/coverage/fiduciary/alaska)
- [Arizona](/coverage/fiduciary/arizona)
- [Arkansas](/coverage/fiduciary/arkansas)
- [California](/coverage/fiduciary/california)
- [Colorado](/coverage/fiduciary/colorado)
- [Connecticut](/coverage/fiduciary/connecticut)
- [District of Columbia](/coverage/fiduciary/district-of-columbia)
- [Florida](/coverage/fiduciary/florida)
- [Georgia](/coverage/fiduciary/georgia)
- [Hawaii](/coverage/fiduciary/hawaii)
- [Idaho](/coverage/fiduciary/idaho)
- [Illinois](/coverage/fiduciary/illinois)
- [Indiana](/coverage/fiduciary/indiana)
- [Iowa](/coverage/fiduciary/iowa)
- [Kansas](/coverage/fiduciary/kansas)
- [Kentucky](/coverage/fiduciary/kentucky)
- [Louisiana](/coverage/fiduciary/louisiana)
- [Maine](/coverage/fiduciary/maine)
- [Maryland](/coverage/fiduciary/maryland)
- [Massachusetts](/coverage/fiduciary/massachusetts)
- [Michigan](/coverage/fiduciary/michigan)
- [Minnesota](/coverage/fiduciary/minnesota)
- [Mississippi](/coverage/fiduciary/mississippi)
- [Missouri](/coverage/fiduciary/missouri)
- [Montana](/coverage/fiduciary/montana)
- [Nebraska](/coverage/fiduciary/nebraska)
- [Nevada](/coverage/fiduciary/nevada)
- [New Hampshire](/coverage/fiduciary/new-hampshire)
- [New Jersey](/coverage/fiduciary/new-jersey)
- [New Mexico](/coverage/fiduciary/new-mexico)
- [New York](/coverage/fiduciary/new-york)
- [North Carolina](/coverage/fiduciary/north-carolina)
- [North Dakota](/coverage/fiduciary/north-dakota)
- [Ohio](/coverage/fiduciary/ohio)
- [Oklahoma](/coverage/fiduciary/oklahoma)
- [Oregon](/coverage/fiduciary/oregon)
- [Pennsylvania](/coverage/fiduciary/pennsylvania)
- [Rhode Island](/coverage/fiduciary/rhode-island)
- [South Carolina](/coverage/fiduciary/south-carolina)
- [South Dakota](/coverage/fiduciary/south-dakota)
- [Tennessee](/coverage/fiduciary/tennessee)
- [Texas](/coverage/fiduciary/texas)
- [Utah](/coverage/fiduciary/utah)
- [Vermont](/coverage/fiduciary/vermont)
- [Virginia](/coverage/fiduciary/virginia)
- [Washington](/coverage/fiduciary/washington)
- [West Virginia](/coverage/fiduciary/west-virginia)
- [Wisconsin](/coverage/fiduciary/wisconsin)
- [Wyoming](/coverage/fiduciary/wyoming)

[Other Coverage in Delaware](/coverage/states/delaware)

## Sources

[^1]: [29 U.S.C. § 1002 — Definitions](https://uscode.house.gov/view.xhtml?edition=prelim&num=0&req=granuleid%3AUSC-prelim-title29-section1002) — Office of the Law Revision Counsel, U.S. House of Representatives; § 1002(21)(A): fiduciary status turns on discretionary authority/control over plan management or administration, asset authority/control, or compensated investment advice. Accessed 2026-09-28.
[^2]: [Delaware Code, Title 18, § 3571F — Mini-COBRA Small Employer Group Health Policies](https://www.delcode.delaware.gov/title18/c035/sc03/) — Delaware Code Online; § 3571F introductory paragraph, (1), (2)(a)–(c), (4)(b)–(e), (5)(a)–(c), (6)(a)–(b), and (6)(b)(4)(A): covered insured policies, continuity, eligibility exceptions, notice/election handoffs, premiums, duration, administrator. Accessed 2026-09-28.
[^3]: [Delaware Department of Insurance](https://insurance.delaware.gov/) — Delaware Department of Insurance; Official Department homepage and regulatory resources. Accessed 2026-09-28.
[^4]: [Services](https://insurance.delaware.gov/services/) — Delaware Department of Insurance; Department service directory links to the state insurance licensee search. Accessed 2026-09-28.
[^5]: [Consumer Services](https://insurance.delaware.gov/divisions/consumerhp/) — Delaware Department of Insurance; Complaint filing and consumer assistance; publishes Consumer Services phone. Accessed 2026-09-28.
[^6]: [Surplus Lines Bulletin 22](https://insurance.delaware.gov/wp-content/uploads/sites/15/2025/10/linesbull22.pdf) — Delaware Department of Insurance; Surplus Lines Bulletin 22 (October 2025; printed day is blank), reproducing 18 Del. C. § 1925: home-state tax treatment, all premium on multistate policy if Delaware is home state, 3% rate, and exclusion of federal/state taxes and examination fees from gross premium. Accessed 2026-09-28.
[^7]: [Delaware Code, Title 18, §§1923–1925](https://delcode.delaware.gov/title18/c019/sc02/) — Delaware General Assembly; §1923(a)(1),(12) home-state verification and allocation records; §1924(b)(3)–(6) separate premium reporting; §1925(b)–(c) 3% tax, deductions/exclusions and full multistate premium when Delaware is home state. Accessed 2026-09-28.
[^8]: [Licenses](https://www.at-bay.com/licenses/) — At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
[^9]: [Licenses and Carriers](https://www.coalitioninc.com/legal/licenses) — Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535.. Accessed 2026-09-22.
[^10]: [Insurance Producer Licenses](https://www.corgi.insure/broker-licenses) — Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown.. Accessed 2026-09-28.
[^11]: [About Hiscox US Insurance](https://www.hiscox.com/about-hiscox-insurance) — Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
[^12]: [Licenses](https://www.nextinsurance.com/insurance-licenses/) — ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885.. Accessed 2026-09-28.
[^13]: [Licenses & Disclosures](https://riskcubeai.com/licenses) — RiskCube; Property & Casualty Producer/Broker Licenses; February 11, 2026 version. Accessed 2026-09-16.
[^14]: [Insurance Licenses by State](https://www.techinsurance.com/legal/licenses) — TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number.. Accessed 2026-09-28.
[^15]: [Licenses](https://www.vouch.us/legal/licenses) — Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict.. Accessed 2026-09-15.

Updated 2026-09-28.

This guide is informational and does not determine whether a policy is available or meets your needs. [Editorial policy](/editorial-policy). To suggest a correction, [contact Spot](/contact) with a supporting source.

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