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Ex. SEC-13-106 Order Primary source read

Sixth Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Sixth Modification (elections; evictions; foreclosures; utilities; insurance non-lapse; procurement)

Governor John C. Carney · Delaware (State)

The COVID Project

The record

Jurisdiction
Delaware
Level
State
Authority
20 Del. C. ch. 31 (3115-3116, 3125-3127)
Issued
2020-03-24 Mar. 24, 2020
Effective
2020-03-25 8:00 a.m. (read as 2020-03-25)
End
until the state of emergency is terminated and the public health emergency rescinded; eviction and foreclosure provisions modified July 1, 2020 (DE-027) and continued as court-supervised stays to July 12-13, 2021 (DE-038 sec. B); insurance non-lapse sec. E for the pendency of the emergency (ended 8:00 a.m. July 13, 2021) (read as 2021-09-30)
In force
Mar. 25, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesWorkplace rulesOther
Addressees
  • landlords and courts (summary possession)
  • residential mortgage holders and the Sheriff
  • insurers
  • utilities
Functions reached
  • SV (foreclosure commencement, sheriff's sales and ejectments barred; late fees barred)
  • IN (mandatory non-lapse of every covered policy for the emergency)
  • ML
  • CB
Collection
Financial Services SEC-13

Operative words

C. FORECLOSURES:... 1. No residential mortgage foreclosure action may be commenced with respect to any owner-occupied 1- to 4-family primary residential property subject to a mortgage... no late fee or excess interest may be charged or accrue... 3. No residential property that is the subject of a residential mortgage foreclosure action, for which a judgment of foreclosure was issued prior to the declaration of the state of emergency, may proceed to sheriff's sale until a date no sooner than the 31st day following the termination of the state of emergency... E. INSURANCE: No insurer may, without a court order, lapse, terminate or cause to be forfeited a covered insurance policy because a covered policyholder does not pay a premium or interest or indebtedness on a premium under the policy that is due during the pendency of the declared state of emergency. As used in this paragraph, (i) 'covered insurance policy' means a policy for health insurance, life insurance, disability insurance, property insurance, motor vehicle insurance, and commercial/business insurance

Enforcement

20 Del. C. 3125 (criminal penalty for violation of emergency orders)

Notes

Same instrument as DE-009. Sec. E is a binding insurance instrument with force of law; sec. B (evictions) and sec. D (utilities) accompany it.