Delaware Umbrella and Excess: Approval for Limit Substitutions

A Delaware DEMA procurement Q&A shows why an umbrella certificate may not automatically satisfy a shortfall in a requested GL aggregate: the State directed a vendor to submit the proposed exception for review. Separately, Delaware law requires out-of-state employers doing substantial work to carry Delaware WC coverage. Keep contract-limit approval and statutory workers’ compensation proof as distinct decisions.

What Is Umbrella and Excess Liability Insurance?

Umbrella or excess insurance adds liability limits above the policies named in the quote after a covered claim exhausts their limits. It may fit if a contract sets higher limits; check which primary policies are listed and any gaps between them. Read the national Umbrella and excess liability guide.

Delaware Umbrella and Excess Liability Insurance Requirements

RequirementDetails
DEMA RFP insurance exceptionsIn the cited DEMA RFP Q&A, a vendor asked whether $10 million umbrella/excess could cover a GL aggregate shortfall. The State directed the vendor to use the RFP’s Appendix D Exceptions process; that answer is not blanket acceptance of umbrella substitution. 1
Out-of-state WC triggerDel. Code tit. 19, §2371(b) applies to employers whose primary place of business is outside Delaware: they must carry full Delaware WC for employees doing substantial work there. Substantial work expressly includes a contracting business that would need a Delaware license; a business with one or more employees primarily engaged in its Delaware business for more than five consecutive workdays at one time; or more than an aggregate three weeks in six months (a week is five consecutive workdays). 2
Delaware WC proof optionsFor those qualifying out-of-state employers, §2371(d) lists an actual Delaware WC policy, a written rider that covers Delaware work as fully as a Delaware policy, or an acceptable self-insurance declaration with the required coverage, filings and surety. Check which route covers the actual crew and work; a generic home-state certificate may not establish the required Delaware coverage. 2

What to Watch for With Umbrella and Excess Liability in Delaware

  • Do not assume excess fills a primary or aggregate gap

    The DEMA answer routes the requested substitution through Appendix D. Submit the proposed wording and obtain a written contract decision before relying on umbrella/excess limits to meet a stated GL aggregate. 1

  • A home-state WC certificate may not be enough

    A home-state certificate may not establish full Delaware coverage for a qualifying out-of-state employer. Check the exact trigger: licensed construction/contracting work, more than five consecutive workdays at one time, or more than three aggregate weeks in six months. Then confirm that the Delaware policy, written rider or self-insurance route meets §2371(d). 2

  • Keep WC compliance apart from liability excess

    Delaware’s statute governs compensation liability and permitted ways to secure it. A commercial umbrella’s employer-liability coverage does not, by itself, prove that statutory Delaware workers’ compensation is in force. 2

Providers With Delaware License Records

These providers publish a national listing for Umbrella and excess liability; the license records below name the licensed entities and roles. 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.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    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

    Corgi lists commercial umbrella liability insurance.

  • TechInsurance

    Insurance producer · checked 2026-09-28

    Specialty Program Group LLC

    TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 14

    TechInsurance arranges commercial umbrella insurance for small businesses.

  • Vouch

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Vouch Specialty Insurance Services, LLC

    Vouch’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. 15

    Vouch lists umbrella among core coverages for technology companies.

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 in Delaware

Reported tax rate. 3% of gross premium, less return premium, when Delaware is the home state 6,7

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.

Questions to Ask Before You Buy Umbrella and Excess Liability in Delaware

  1. Does this RFP allow umbrella or excess to satisfy each per-occurrence and aggregate requirement, or must Appendix D approve an exception?
  2. Will the carrier’s Delaware rider cover the employees and work activities that make this project substantial work under § 2371?
  3. Which named entities, subcontractors, aggregates and contractual-liability terms must appear in the final primary and excess endorsements?

Umbrella and Excess Liability Insurance in Delaware: FAQ

Will Delaware automatically accept umbrella limits to fill a GL aggregate gap?

The cited DEMA RFP answer does not say yes; it directs the vendor to submit the request under Appendix D Exceptions. Obtain written approval for the actual procurement. 1

When must an out-of-state employer carry Delaware workers’ compensation?

For an employer based in another state, §2371 includes licensed construction/contracting work and the precise employee tests: more than five consecutive workdays at one time or more than three aggregate weeks in six months. It lists a Delaware policy, full-scope written rider or acceptable self-insurance. Confirm your operation against the statute and document the applicable route. 2

Umbrella and Excess Liability Insurance Guides for Other States

Other coverage in DelawareEvery coverage guide for Delaware, plus the regulator and surplus-lines details.

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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