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Product Liability in Delaware

Delaware generally requires a personal-injury action within two years from the date the injury is claimed to have been sustained. A separate six-year statute applies to certain claims arising from deficiencies in construction of improvements to real property; it uses the earliest of several project dates and does not extend another otherwise-applicable filing period. Whether a product is part of an improvement, and which period applies to a property or commercial-loss claim, depends on the facts and legal theory. Keep the product and installation records for counsel and ask your broker how product and completed-work wording applies. 1,2

What Is Product Liability?

Product liability can cover claims that a product you make, import, distribute or sell injured someone or damaged property. If your business handles products, describe every role in the supply chain and ask how the quote treats product damage and recall costs. Read the national Product liability guide.

What to Watch for in Delaware

  • Record when the injury was sustained

    Delaware's general personal-injury provision gives two years from the date the alleged injury was sustained, subject to the construction-improvement statute. Preserve incident, injury, diagnosis, and claim-reporting dates and ask counsel to determine which rule applies to the particular claim. 1

  • Document whether the product was incorporated into construction work

    Delaware's six-year rule covers specified claims arising from alleged deficiencies in constructing improvements to real property. It runs from the earliest of several project milestones, including contractual completion dates, payments, substantial completion, acceptance, and (for alleged personal injury) the injury date; it does not lengthen another limitations period. The statutory definition excludes structures used or intended primarily for residential purposes. Keep product, installation, project-completion, and acceptance records so counsel can assess whether this construction rule applies. 2

  • Do not assume a personal-injury deadline controls property or contract loss

    The two-year rule cited here addresses personal injury. Delaware has separate provisions for property damage, contracts, and other claims; the applicable period depends on how the claim is pleaded and what was damaged. Ask counsel to classify the claim before using a deadline, and share the claim facts with your broker for a policy wording review. 1,3

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. 4,5,6

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. 7,8

Providers With Documented State Licenses

These providers publish a national listing for Product 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.

  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 16

Questions to Ask Before You Buy in Delaware

  1. Which products do we install or incorporate into customer construction projects, and what records capture first use, substantial completion, and acceptance?
  2. What claim types and deadlines should we track separately for bodily injury, property damage, and customer or supplier contract loss?
  3. How does the policy distinguish products work from installation or completed operations in Delaware?

Product Liability in Delaware: FAQ

What general time limit applies to a Delaware personal-injury claim involving a product? 1,2

Section 8119 generally sets two years from the date the alleged injury was sustained, subject to the construction-improvement provision in § 8127. 1,2

Does Delaware's six-year construction rule apply to every product claim? 2

No. Section 8127 is limited to specified claims arising from deficiencies in construction of an improvement to real property. Whether a product-related claim fits that rule depends on the facts; the statute also says it does not lengthen another applicable limitation period. 2

Product Liability in Other States

Other Coverage in Delaware

Sources

  1. Delaware Code, Title 10, Chapter 81. Delaware General Assembly; § 8119, personal-injury deadline, and § 8106, separate 3-year claims including injury unaccompanied by force or resulting indirectly; current online code accessed Sept. 28, 2026. Accessed 2026-09-28.
  2. Delaware Code, Title 10, Courts and Judicial Procedure. Delaware General Assembly; § 8127(a)–(d), including definition of improvement, six-year period from earliest of listed project/injury dates, no-extension clause, and actual-possession/control exception; official PDF says updated through June 11, 2026. Accessed 2026-09-28.
  3. Delaware Code, Title 10, Chapter 81. Delaware General Assembly; §§ 8106–8107 and 8119; distinct limitation provisions for indirect injury, personal property damage, and personal injury. Accessed 2026-09-28.
  4. Delaware Department of Insurance. Delaware Department of Insurance; Official Department homepage and regulatory resources. Accessed 2026-09-28.
  5. Services. Delaware Department of Insurance; Department service directory links to the state insurance licensee search. Accessed 2026-09-28.
  6. Consumer Services. Delaware Department of Insurance; Complaint filing and consumer assistance; publishes Consumer Services phone. Accessed 2026-09-28.
  7. 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.
  8. 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.
  9. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. Licenses & Disclosures. RiskCube; Property & Casualty Producer/Broker Licenses; February 11, 2026 version. Accessed 2026-09-16.
  15. 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.
  16. 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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