Liquor Liability in Delaware

The Delaware Supreme Court has held that creation of dram-shop or social-host liability belongs to the General Assembly and described Delaware as having no Dram Shop Act. Current Title 4 still requires a licensee to refuse service to an intoxicated or apparently intoxicated person; the refusal rule does not itself create an insurance requirement. ^1,²

What Is Liquor Liability?

Liquor liability can cover claims tied to your business selling, serving or furnishing alcohol. If you run a bar, restaurant or event where you provide drinks, check how the quote treats injuries, property damage and occasional service. Read the national Liquor liability guide.

What to Watch for in Delaware

The Supreme Court left any dram-shop action to lawmakers
In Shea, the Delaware Supreme Court affirmed dismissal and said the General Assembly, not the court, should decide whether to create dram-shop or social-host liability; the decision described Delaware as having no Dram Shop Act. ¹
The service rule still matters to licensees
Title 4 §706 requires a licensee, employee, or person in charge to refuse service to someone who is intoxicated or appears intoxicated; it protects the refusal itself from a damages claim. ²
A dram-shop ruling does not answer every premises claim
Shea addressed claims based on furnishing alcohol and declined to create dram-shop or social-host causes of action; ask separately whether the facts involve negligent premises operation, security, or another independent duty. ^1,²

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

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 Liquor 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 the product is available in Delaware. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’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

Questions to Ask Before You Buy in Delaware

Does the policy cover premises operations and security allegations separately from a claim based only on serving alcohol?
Which employees are covered when refusing service or managing a patron who appears intoxicated?
Do the lease, venue agreement, event permit, or municipality require a liquor liability certificate or additional insured?