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Media Liability Coverage in Delaware

Delaware's Uniform Public Expression Protection Act applies to causes asserted on or after September 15, 2025, with a savings clause for earlier claims. It provides an expedited motion and discovery stay for specified public-expression claims. Although seller-related and specified-claim exclusions apply, the chapter's carve-back reaches legal actions related to communicating, gathering, receiving, posting, or processing consumer opinions or commentary, evaluations of consumer complaints, or business reviews or ratings. 1,2

What Is Media Liability?

Media liability can help pay defense costs for claims about content you create or distribute, such as allegations of defamation or infringement. Consider it if you publish or produce content for your business or clients; match the quote to each activity. Read the national Media liability guide.

Delaware Requirements

RequirementDetails
Which public-expression law appliesChapter 60 applies to civil actions filed or causes asserted on or after September 15, 2025; earlier asserted causes remain under the saved former provisions. 1
Expedited motion windowA party generally has 60 days after service of a pleading asserting a covered cause to file a special motion for expedited relief; a later filing may be allowed for good cause. 1
Consumer review claimsThe chapter's carve-back applies to a legal action under the seller-related or specified-claim exclusions when the action is related to communication, gathering, receiving, posting, or processing consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses. 1

What to Watch for in Delaware

  • Confirm the claim date before relying on a motion rule

    Delaware's new chapter applies to causes asserted on or after September 15, 2025, and preserves the former §§ 8136–8138 for causes asserted earlier. Ask counsel to identify the applicable version before budgeting defense work. 1

  • Check the commercial-speech exclusion against your work

    The chapter generally excludes a cause of action against a person primarily engaged in selling or leasing goods or services when the claim arises from a communication related to that person's sale or lease. But the exclusion has a carve-back: the chapter applies when the legal action is related to communicating, gathering, receiving, posting, or processing consumer opinions or commentary, evaluations of consumer complaints, or business reviews or ratings. The activity and its relationship to the claim matter; ask counsel how the facts fit. 1

  • Keep source and verification records

    For a civil libel defense, Delaware law says truth must be pleaded and shown in evidence, and the factfinder may find for the defendant if publication was proper for public information and without malicious or mischievous motives. Preserve source material and editorial records; this statute does not decide coverage. 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 Media 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.

  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’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
  • 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

  1. Was the claim asserted before or on/after September 15, 2025, and which statutory procedure applies?
  2. How does the policy treat costs for a special motion and any discovery stay?
  3. Does the policy cover the publisher and individual contributors for review or rating content?
  4. What notice deadline applies under the policy when a demand or threatened claim arrives?

Media Liability in Delaware: FAQ

Did Delaware simply repeal its anti-SLAPP procedure in 2025? 1

No. Delaware enacted a new Uniform Public Expression Protection Act for causes asserted on or after September 15, 2025, while preserving former provisions for earlier asserted causes. 1

Are business reviews outside the new chapter because they concern a seller's services? 1

Not categorically. Section 6002(c)(3) excludes specified sale-related claims, but § 6002(d) applies to a legal action related to the communication, gathering, receiving, posting, or processing of consumer opinions or commentary, evaluations of consumer complaints, or reviews or ratings of businesses. Ask counsel whether the claim and activity have that statutory relationship. 1

Media Liability in Other States

Other Coverage in Delaware

Sources

  1. Delaware Code, Title 10, Chapter 60 — Uniform Public Expression Protection Act. Delaware General Assembly; §§ 6002–6004 and 6013–6014: scope, exclusions, motion/stay, effective date and savings clause. Accessed 2026-09-28.
  2. Delaware Code, Title 10, Chapter 39. Delaware General Assembly; § 3919: truth pleaded and given in evidence; public-information purpose and absence of malicious or mischievous motives. Accessed 2026-09-28.
  3. Delaware Department of Insurance. Delaware Department of Insurance; Official Department homepage and regulatory resources. Accessed 2026-09-28.
  4. Services. Delaware Department of Insurance; Department service directory links to the state insurance licensee search. Accessed 2026-09-28.
  5. Consumer Services. Delaware Department of Insurance; Complaint filing and consumer assistance; publishes Consumer Services phone. Accessed 2026-09-28.
  6. Surplus Lines Bulletin 22. 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. 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. 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. 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. 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. 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. 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. RiskCube; Property & Casualty Producer/Broker Licenses; February 11, 2026 version. Accessed 2026-09-16.
  14. Insurance Licenses by State. 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. 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 .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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