---
title: "Delaware umbrella and excess liability: get written approval for limit substitutions"
description: "For vendors bidding Delaware state work and out-of-state employers sending crews into the state."
canonical: "https://spot.insure/coverage/umbrella-excess/delaware"
page-type: "coverage-state-guide"
updated-at: "2026-09-28"
---

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# Delaware umbrella and excess liability: get written 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.[^1][^2]

**Coverage:** [Umbrella and excess liability](/coverage/umbrella-excess) · [Delaware](/coverage/states/delaware)

## What Is Umbrella And Excess Liability?

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](/coverage/umbrella-excess).

## Delaware Requirements

| Requirement | Details |
| --- | --- |
| DEMA RFP insurance exceptions | In 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 trigger | Del. 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 options | For 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 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]

## 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 Umbrella and excess 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.

- [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]
- [TechInsurance](/insurance-providers/techinsurance) — **Entity:** Specialty Program Group LLC; **role:** Insurance producer; **checked:** 2026-09-28. **Scope:** 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]
- [Vouch](/insurance-providers/vouch) — **Entity:** Vouch Specialty Insurance Services, LLC; **role:** Insurance producer, Surplus-lines broker; **checked:** 2026-09-28. **Scope:** 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]

## Questions to Ask Before You Buy 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 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 in Other States

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

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

## Sources

[^1]: [DEMA Emergency Management Consulting RFP: Addendum 1 Q&A](https://bidcondocs.delaware.gov/GSS/GSS25872-DEMA_EMC-ad1.pdf) — Delaware Department of State, Government Support Services; Question 12, pp. 3; RFP insurance exception and substitution question.. Accessed 2026-09-28.
[^2]: [19 Del. C. § 2371, Insurance of employer’s compensation liability](https://delcode.delaware.gov/title19/c023/sc04/) — Delaware Code Online; Del. Code tit. 19, §2371(b)–(f): out-of-state employers; (c)(1) licensed construction/contracting scope, (c)(2) >5 consecutive workdays at a time, (c)(3) >3 aggregate weeks in 6 months (a week = 5 consecutive workdays); (d) Delaware policy, full-scope rider, or acceptable self-insurance; (f) Delaware contractor verification duty.. 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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