7 Del. Admin. Code § 1301-14 app. D to Section 4.1.11

Current through Register Vol. 28, No. 3, September 1, 2024

Appendix D to Section 4.1.11 - Relating to Financial Assurance

CERTIFICATE OF INSURANCE FOR CLOSURE OR POST-CLOSURE CARE

Name and Address of Insurer (herein called the Insurer"): ____________________________________________

Name and Address of Insured (herein called the "Insured"): __________________________________________

Facilities Covered: [List for each facility: Name, address, and the amount of insurance for closure and/or the amount for post-closure care (these amounts for all facilities covered must total the face amount shown below).]

Face Amount:_______________________

Policy Number:______________________

Effective Date:_______________________

The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for [insert "closure" or "closure and post-closure care" or "post-closure care"] for the facilities identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of the Delaware Regulations Governing Solid Waste Section 4.1.11, as applicable and as such regulations were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulations is herby amended to eliminate such inconsistency.

The Insurer further certifies the following with respect to the insurance:

a.) Bankruptcy or insolvency of the insured shall not relieve the "Insurer" of its obligations under the policy to which this certificate applies.

b.) The "Insurer" is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the "Insurer."

c.) Whenever requested by the Secretary of the State of Delaware Department of Natural Resources and Environmental Control, the Insurer agrees to furnish to the Secretary a duplicate original of the policy listed above, including all endorsements thereon.

d.) Cancellation or any other Termination of the insurance by the "Insurer", except for non-payment of premium or misrepresentation by the insured shall be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the insured.

e.) [Insert for claims-made policies]: The insurance covers claims otherwise covered by the policy that are report to the "Insurer" within six months of the effective date of the cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered Occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or Termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.

I hereby certify that the wording of this instrument is identical to the wording in Appendix D and that the "Insurer" is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus line insurer, in one or more States.

_____________________________________

Date

______________________________________

Signature of authorized representative of Insurer

______________________________________

Name of authorized representative

_______________________________________

Title of authorized representative

_______________________________________

Address of authorized representative

7 Del. Admin. Code 1301-14 app D to Section 4.1.11

13 DE Reg. 1093 (02/01/10)