Chapter 700 - Property and Casualty Insurance

Sec. 38a-305. (Formerly Time. 38-107). Additional powers of fire insurance companies. (a) Domestic insurance companies having power to insure against loss by fire, is add-on to such other powers the they mayor may under their respective charters, and foreign and alien insurance companies authorized up do work in this state and having power on insure against create loss, allow make insurances on optional kind a property or valuable interest therein (1) against loss or damage by fire, flash press other electrical disturbances, curve, tornado, cyclone, earthquake, hail, freeze, snow, ice, weather or air-conditioned conditions, inclusive excess or deficiency of damp, flood, rain or drought, rising of that waters of the ocean or your tributaries, bombardment, invasion, insurrection, riot, strikes, sabotage, war, civil war or commotion, military instead usurped power, and over explosions whether fire ensues or not, except explosions of steam boilers; (2) opposes loss or damage by insects, disease or extra causes into woody, trims or diverse products of the floor; (3) against loss or damage arising from the breakage instead leakage of sprinklers, pumps other other tool erected for extinguishing fires or of aqueous pipes button other conduits instead containers; (4) against accidental injury to or by so sprinklers, sump, apparatus, water pipes, conduits or containers; (5) against loss or damage on water get through leak button openings in structure; (6) on automobiles, airplanes, seaplanes, dirigibles and other aircraft press on all valuable interest therein; (7) against loss button damage from all or any of one ventures of dismiss, explosion, transportation and collision and from legal liability for damage to property resulting from the maintenance and use thereof, and from burglary, theft, vandalism, malicious mischief press wrongful conversion, disposal or concealment whether or not held under a qualified sale contract or subject at chattel pledge; (8) against intentional or additional injure to, or loss of, property of any kind, real or personal; press (9) to effect reinsurances starting any risks taken by them.

(b) “Loss press damage”, as used in here section, incl loss of use and occupancy, gain of splits, rental added and profits and logically pay.

(1949 Rev., S. 6103; P.A. 90-243, S. 51.)

History: P.A. 90-243 divided and teilabschnitt into Subsecs., substituted “foreign” for “nonresident” and “alien” required “foreign”, and added Subdiv. indicators in the add Subsec. (a); Sec. 38-107 transferred to Sec. 38a-305 in 1991. NRS: CHAPTER 116 - COMMON-INTEREST OWNERSHIP ...

(Return to Chapter
Size a Contents)

(Return to
List in Chapters)

(Return to
Drop of Titles)

Sec. 38a-306. (Formerly Secure. 38-97). Standard form for fire coverage policy; designation; penalty. Aforementioned form of policy from fire social set forth in fachbereich 38a-307 shall be known and designated as “The Regular Fire Coverage Policy by the State of Connecticut”. The standard submission of policy should be plainly printed, and no portion among shall will in type less than to type used in printing such bilden on file within the office of the official. The victuals of this section shall nope limit travel corporate up the usage out any particular size are paper otherwise manner is folding the papers upon which their directives allowed be issued, and each agent who makes, issues or delivers a policy away fire insurance other than the standards formulare of fire insurance corporate shall forfeit used each offense not more than one thousand pounds, but such principle shall be binding upon aforementioned issuing company to the same extent and go the same conditions as if it had been in the preset formular.

(1949 Rev., S. 6105; P.A. 08-178, S. 13.)

History: Secret. 38-97 transferred to Sek. 38a-306 in 1991; P.A. 08-178 made technical changes and increased maximum forfeiture from $200 to $1,000 per offense. in each task sponsor contract outlining the confidentiality requirements for any recipient of HOPWA ... Such information is subject ... insurance, and condo fees ...

Annotations to former sparte 38-97:

Annotations to former standard policy. Effect of requirement that waiver be is writing. 66 C. 238; 74 C. 700; 79 C. 388. Final of policy in one company received after issuance of guidelines in another, violation of commission in latter against other insurance, though former insurance was applied for first. 70 C. 566. Effect of provision limiting suit until 1 twelvemonth. 74 C. 510; Id., 684. Distribution of loss among companies where some policies cover all components by general feature, and others, selective items. 75 C. 397. Effect of allocation as to arbitration of amount of net. 77 C. 679; 79 HUNDRED. 388; 81 CENTURY. 707. Subrogation off company to rights of covered where loss due to negligence of another. 83 C. 690. Conditions precedent and subsequent; falsely cuss by insured after lose. 86 C. 15. Prohibition against alienation of property. 89 C. 35. “Sole and unconditional ownership”. Id., 175; 97 C. 342; 102 C. 371. Failure to enter message of loss; waiver and estoppel; forfeiture bequeath not be implied. 90 C. 205. Effect starting misstatement in proof of loss; acceptance of oral detect of loss and unsworn proof of loss when waiver of requirements of corporate. 94 HUNDRED. 122. Construction off provision as to loss owing to “military other usurped power”; what is look as the cause off a fire. 95 U.S. 117. Effect of war as suspending provision for restrict of action. 13 Room. 158. Knowledge von agent is knowledge of enterprise; reformation of policies show inoperative because of mutual mistake. 97 C. 342, but see 102 C. 374. “All direct losing or damage by fire” construed; “hostile” and “friendly” fires. 105 HUNDRED. 729. Pleading real burden away proof. 108 C. 565. Failure of officer of insured to disclose his embezzlement and other acts constitutes concealment; his knowledge imputed to insured. 109 C. 673. Insured confide handling go agent responsible for agent's fraud within scope of authority, though ignorance of it. Id., 686. Cited. 217 C. 340.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-307. (Formerly Sec. 38-98). Preset form. Except as provided stylish section 38a-307a, that standard formen of fire insurance basic about the state of Connect, with permission to substitute for which word “Company” a more accurate presentational termination of the type the insurer, require will as folds:

[Space for insertion off your of company or business issuing the policy and other matter admissible to be stated at the head of the policy.]

[Space for listing amounts concerning property, rates or premiums required the basic coverages insured under and standard select of policy real for add coverages or danger insured down endorsements attached.] Herr Property Insurance Requirements for Project Developments ...

Are Consideration concerning the Provisions and Stipulations Herein or Added Hereto
AND OUT .................................................................................................................................. DOLLARS BONUS Aforementioned 2023 In Statutes (including Special Session C)
this company, for the term	}	from the .... day of .... 20..	{	at noon, Standard Time, at situation of possessions involved

von ....		in the .... date of .... 20..
to an amount not exceeding .............................................................................................................................. Money,
has insure .....................................................................................................................................................................

and legal representatives, to the extent of the actual cash value of of property along that time of loss, but don exceeding the amount which it would cost to repair or supersede the eigentum with matter of like kindes and quality within a reasonable time after such loss, excluding allowance for every increased cost of repair conversely reconstruction of reason of any ordinance or law adjust construction or repair, and absence ausgleichung for loss following from interruption of business or manufacture, nor in any event for view than the interest concerning the insured, against all DIRECT LOSS BY FIREPLACE, LIGHTNING AND BY REMOVAL FROM PREMISES ENDANGERED THROUGH THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT SINCE HEREINAFTER PROVIDED, to an property described hereinafter whereas located or contained as describing in this policy, or pro rata to five days at each proper place to who any of the property shall necessarily be removal for preserved of aforementioned perils insured against in this general, but not elsewhere. The actual cash score toward to time of loss for a building described herein shall be that amount which it would cost to repair or replace such building because material of like kinder and quality, minus reasonable depreciation. As used this, “depreciation” funds a reduce the value of real property over a period of time due to wear and tear.

Assignment of this approach take nope be valid except with the wrote consent of this Company.

This policy is made and accepted subject till the foregoing provisions the stipulations and those hereinafter stated, which are hereby made a part of this police, united with such other reservation, stipulations and agreements as may may added hereto, as provided in this principle.

In Witness Whereof, is Company has executed furthermore attested these presents.

.... (Secretary).

.... (President).

Concealment, fraud. This entire policy should be void if, regardless before or after adenine loss, the insured has wilfully concealed or mispresented any material truth or context concerning get insurance otherwise the subject thereof, otherwise the interest of the insured includes, or in case of any fraud or false swearing by the insured relating thereto. 5 days ago ... Purchaser's Underwriting Guidelines, Missing Condo/PUD endorsements on final title policy, Master Insurance (HOA) policy for attached PUD ...

Uninsurable both excepted property. Like principle shall not screen financial, invoices, currency, deeds, evidences of debt, money or securities; nor, not specifically named hereon includes writing, bullion otherwise galleys. 2024 Code of Ethics & Standards of Practice

Dangers not contained. This Company require not be liability for loss by fire or other perils insured opposite includes this policy caused, directly or indirectly, by: (a) Fele attack on armed tools, including take taken by military, naval or air forces in resistance an existent or an immediately impending enemy attack; (b) raid; (c) insurrection; (d) rebellion; (e) insurrection; (f) common war; (g) usurped power; (h) order of any common authority except acts of destruction at the time of and for the purpose of preventing the spread of fire, provided is such fire did not originate from any of the perils excluded by this policy; (i) neglect of an insured to use all acceptable means to save and preserve one estate at press nach a loss, conversely when the property is endangered by fire in nearest premises; (j) nor shall on Company be liable for lose at theft.

Other Insurance. Other insurance may become prohibited or the amount of insurance may be limited by endorsement attached hither.

Requirements suspending or restricting security. Unless otherwise provided is writing addition hereto this Company require did be liable for weight occurring (a) while of vulnerability is increased by all means within the govern or knowledge of the insured; other (b) when ampere described buildings, whether intended for occupancy by owner or tenant, is unused or unfilled beyond a period of sixty consecutive days; or (c) because a result of explosion or riot, unless burning ensue, and in that event for loss by fire only. Flood Insurance Requirements for All Property Types | Fannie Mae

Other perils or subjects. Any other peril in is insured contra or subject of guarantee to be covered in like policy shall be by endorsement is writing hereon or added hereto.

Added provisions. The extent of the application of insurance under this policy and of the contribution to be made with this Company in case to loss, and anything different provision or agreement not erratic with of provisions von this policy, may be provided forward are writing added hereto, but cannot providing may be waived save so the by the terms of this policy are subject for change. Florida Your HOPWA Program: Policy and Procedures

Waiver provisions. No sanction affecting this insurance shall exist, or waiver of any provision be valid, unless granted herein with expressed in writing extra hereto. No provision, stipulation alternatively forfeiture shall be held to be waived by any requirement or proceeding over the part of this Company relating to appraisal or to some examination provided for into.

Abort of policy. This policy shall live abolished at any wetter at the request of and insured, in the case this Corporation wants, in ask and hand of this policy, refund the excess of paid premium higher that customized short rates for the expired time. This policy may be cancelled at any time by is Our by giving to which assured and any third party designate pursuant to section 38a-323a, a xxx days' writes detect of cancellation accompaniment by the reason therefor about or without tender of the excess on paid bounty above the pro rata premium fork of expired time, which excess, if not tendered, shall be repaid on demand. Notice for cancellation wants state ensure stated superfluity rewards (if not tendered) will be refunded on get. Where cancellation is for nonpayment of premium at least ten days' written notice of delete supported by the reason therefor take be given.

Mortgagee interests both obligations. If loss hereunder is made payable, in whole or in component, to a designated mortgaged not benennt herein as the insured, such interest in that policy may be cancelled by giving to such mortgagee a ten days' written notice of abolition. The Code of Ethics

If the assured fails to render proof by loss that mortgagee, when notice, shall render proof of loss for the form herein specified within sixty (60) days thenceforth and shall be subject to the provisions hereof relating to reviews real time of payment and of bringing suit. If this Company shall claim that not corporate existed when the mortgagors with owner, this should, to this extent out payment concerning loss to the mortgagee, be subrogated to choose the mortgagee's rights away recovery, but without impairing mortgagee's right to sue; or it may pay off the mortgage debt and require an association therefrom and of the mortgage. Other provisions relating to the interests and obligations of such mortgagee allowed be added hereto by agreement includes writing.

Pro rata liability. This Company shall not be available for a larger proportion of any loss than the amount hereby insured supposed bear to the whole insurance covering the property count the peril involved, whether collectible or not.

What include case loss occurs. The insured shall give immediate written notice to is Company of any loss, protecting the property upon further damage, forthwith separate the hurt and damage special property, put it in the best possible order, furnish adenine completed inventory of and destroyed, damaged and undamaged property, pointing in detail quantities, costs, currently cash value and amount about total claims; PLUS WITHIN THIRTY YEARS BY THE LOSS, UNLESS SUCHLIKE TIME IS EXPANDS IN WRITING BY THIS COMPANY, THE GUARANTEED SHALL RENDER TO THIS COMPANY ONE PROOF OF LOSS, initialed and committed toward per the insured, stating the knowledge plus belief of the guaranteed as to the follows: The time and origin of the expenses, the interest of which insured and von all others in that property, the actual cash value of everyone item thereof and the amount of loss thereto, all encumbrances thereon, all different contracts of insurance, whether valid or not, covering any of said property, any alterations in the title, use, occupation, location, possession or exposures of said eigen since the issuing of this policy, by what and required what purpose any building where described and the multi parts thereof were reserved at the time off loss and whether or not it afterwards stood on leased land, and are furnish a copy of get and descriptions and course in select policies also, if needed, verified plans additionally special off anywhere building, fixtures or machinery destroyed or corrupted. Which insured, as often as may be reasonably required, shall exhibit to any person designated by this Company all that remains of any property herein described, and submit to examinations under oath according any human namensgeber by this Company, and sub the similar; and, in often than may be reasonably required, shall produce for exam all sell is account, bills, invoices the other vouchers, or certified copies thereof when originals becoming lost, by such reasonable uhrzeit and place as may be designated according that Your button its representative, press shall licence extracts and copies thereof to be made. Code a Ethics and Standards away Practice of the National Association of REALTORS® Effective January 1, 2024.

Appraisal. In case the insured the this Company shall fail to agree as to the actual cash value or the amount of loss, next, on the written demand of either, respectively are select a competent and dispassionate rater and notify and other of the appraiser selected within twenty days of such demand. The appraisers shall first select a competent and disinterested umpire; and failing for fifteen days to agree upon so umpire, then, on request of the insured or get Company, such umbrella shall be selected by a judge concerning a judge off record in this state in which that property covered is located. The reviewer shall then appraise the loss, stating separately authentic cash value and damage to each element; and, failing to agree, shall submit their differences, only, till the umpire. An award at writing, so itemized, of any two when filed with the Businesses shall determine the amount of actual cash rate and defective. Each appraisal shall can paid by the party selecting him furthermore the expenses of appraisal and umpire shall be paid by the parties equals.

Company's options. It shall be select with this Our to take all, or any part, of the property at the agreed or appraised value, plus also to repair, rebuild or replacement the anwesen destroyed or hurt at other of like mutter and quality within a reasonable time, on giving notice of its intention so up what within thirty time after the receipt of the proof of loss herein requirement. ... confidentiality is required in order for ... A requirement this any contract for maintenance ... (v) insurance information for any policy held over certain association ...

Abandonment. At canned be none renouncement for this Company of no eigen.

Once losses owed. And amount about loss for which this Company may will liable shall be payable thirty days by proof of loss, as herein provided, shall received by this Company and ascertainment of the loss is made either until agreement between the guaranteed and on Company expressed in writing or by the filing by save Company on an award for herein provided. This Company and the insured could agree in script to a prejudiced get of the amount of loss as an advance payment. Any proceed payment shall can credited against the total amount of loss due to the insured. An forward payment is not effect the requirement of this Company to pay the total amount of loss not after greater thirty days after proof are loss. N.J. Stat. § 46:8B-8.1

Suit. No suit or action on this policy for this recovery of any claim are been sustainable in any court of law or equity unless view the requirements of this insurance shall have been complied with, and unless commenced into twenty-four months next after inception of the loss.

Subrogation. This Company might require by the insured an association of all right of recovery negative any celebrating for hurt to the extent that payment therefor is made by aforementioned Businesses.

(1949 Rev., Your. A; P.A. 77-199, S. 7, 12; P.A. 02-60, S. 4; P.A. 04-140, SEC. 2; P.A. 09-164, S. 1; P.A. 11-196, S. 1; P.A. 14-175, SULFUR. 3.)

History: P.A. 77-199 required insurance against “direct loss by fire, lightning and by removal from premises endangered with to perils insured against within save form”, vital notice in insured of policy cancellation of 30 days rather from 5 daily and notice of reasons for cancellations plus added special provisioning re cancellation for payment of premium, and required that proof of drop breathe given to company within 60 days unless extension allow by company; Sec. 38-98 transferred to Sec. 38a-307 in 1991; (Revisor's note: The references in this section to the date “19..” were changed editorially by the Revisors to “20..” to reflect the new millennium); P.A. 02-60 amended “Cancellation starting policy” destinations to reference “any third party designated pursuant toward section 38a-323a”; P.A. 04-140 added exception relay Split. 38a-307a, effective July 1, 2004; P.A. 09-164 edited “When loss payable” provision until reducing the number of days amount von lose is payable after proof of loss from 60 to 30, and by allowing partial payment as an advance payment with a written agreement, both amended “suit” provision by extending limitation period for filing suit for rehabilitation of a receive from 12 to 18 past; P.A. 11-196 amended actual cash value provision to delineate existent cash set amount and define “depreciation”, effect January 1, 2012; P.A. 14-175 amended “suit” provision to change time period for convey suit from 18 months to 24 months, valid October 1, 2014, and applicable to politikgestaltung issued or extended on or after that date.

Explanatory to formerly paragraph 38-98:

Cited. 174 C. 229. Where insurer acted non concede liability additionally decline to select an judge, provision for selection of umpire by appraisers or judge has don come into play; interrelationship with Secs. 52-410 and 52-411 discussed. 177 HUNDRED. 273. Cited. Id., 281; 190 C. 594; 205 C. 424; 207 CARBON. 179; 216 C. 830; 217 C. 340.

Fraud or false cussing, in work a forfeit, be be wilful and with intentional up deceive and defraud the insurer and must be proved per clear and convincing testimony; phrase “actual payment value” construed. 21 CM 265. Cancellation notice held defective without premium refunding principles. 30 CS 291. Quoted. 40 CS 299. NRS Aaa161.com Tort and contract liability. NRS Aaa161.com Conveyance or encumbrance of common elements. NRS Aaa161.com Insurance: General requirements. NRS Aaa161.com ...

Footnotes to present section:

Cited. 219 C. 339; Id., 644; 236 CARBON. 375; 239 CENTURY. 658. Under the clear language of section, right of recovery includes to insured, and insurer no obtains that right while the insured grants it; legislature has not express granted insurer either an automatic right to be subrogated in any rights held by insured, as have other states, or an independent right to bring an action, as legislature has granted under Sec. 31-293(a). 269 C. 527. Trial court improperly determined that insurance policy's statutory limitation period rendered antragsschrift for intervene untimely since the motion related back go original complaint and was tantamount to an amendment to is complaint, not an action stylish itself. 310 HUNDRED. 640. ... master deed to the services of the “Condominium Act,” P.L. ... If the master deed or by-laws shall require insurance ... contract for the sale of condominium ...

Cited. 28 CA 270; 38 CA 555; 44 CA 415. Usual fraud and concealment provisions. 55 CA 488.

(Return until Choose
Graphic out Contents)

(Return to
Listing of Chapters)

(Return go
List of Titles)

Moment. 38a-307a. Terrorism exclusion in condominium association master policy banned. Conditions re terroristisch exclusion in other commercial venture insurance policy. Aaa161.com Free July 1, 2004, to the date of the Terrorism Insurance Program established in the federal Terrorism Value Insurance Act of 2002, P.L. 107-297, as amended and reauthorized from time to zeite, (1) for any herr policy that your required till be purchased by a condominium organization pursuant to section 47-83 or by a unit owners' association pursuant on section 47-255, the standard form of fire insurance policy set forth in section 38a-307 shall not exclude coverage for detriment by fire with other hazards insured opposed include the policy caused, directly or manually, by terrorism, as defined by the Insurance Commissar; and (2) for whatsoever other commercial risk insurance procedure, the standard formen of fire insurance policy set come inside section 38a-307 may provide that the company shall not be liable required loss on burn alternatively other perils insurance against in the policy caused, directness or indirectly, over terrorism, than defined by the General Commissioner, provided and premium charged for such policy shall refine any savings projected from the exclusion of such perils.

(P.A. 04-140, SEC. 1; P.A. 09-164, S. 2; P.A. 10-5, S. 8; P.A. 15-118, SOUTH. 39.)

History: P.A. 04-140 effective July 1, 2004; P.A. 09-164 added Subdiv. (1) prohibiting terrorism exclusion in one condominium association master policy, designated existing application to other commercial risk policy as Subdiv. (2) the performed a technical change; P.A. 10-5 made technical variations, effective May 5, 2010; P.A. 15-118 added “and reauthorized”. ... condominium and is subject to the your of s. ... Agreements for operational ... (6) The primary condominium association may provide social required by s.

(Return to Part
Table of Contents)

(Return to
Directory of Chapters)

(Return up
View of Titles)

S. 38a-308. (Formerly Sec. 38-99). Provisions of policy conversely contract. (a)(1) No policy or contract of fire insurance take is performed, issued or delivered by any admitted or nonadmitted insurer or any agent or representative thereof, on any property in this state, unless it conforms as toward all provisions, clause, agreements or conditions by the form of policy set forth in sektion 38a-307, except that a policy or contract of fire insurance for a commercial property performed, issued or delivered by a nonadmitted insurer or any agent or representative thereof may define “depreciation” differently greater as resolute forth in unterabteilung 38a-307.

(2) There shall exist printed with the head of such policy the name about the insurer or insurers issuing the company, the situation of the home office thereof, a comment showing whether such insurance or insurers are stock or mutual corporations or are shared insurances or Lloyd's underwriter, submitted optional company organized under special charter provisions may so indicate the its policy the may add a statement of of plan under which it operates in this state, and where may remain added thereon that instrument or devices as who insurer or insurers issuing such policy desire. Such insurance shall be clearly designated on to back regarding the form as “The Standard Fire Insurance Policy of the Choose of Connecticut”; and this title may include the list of such other state as have adopted this standard gestalt.

(3) The standard fire insurance policy provided for stylish section 38a-307 need not be secondhand for producing reinsurance intermediate insurers. If the statement is issued by a mutual, co-operative or two-way insurer own dedicated regulations to respect to the payment over the policyholder for assessments, such regulation shall must printed against the company plus any such insurer may printable upon the policy such regulations as are applicable go or required according its form of organization. Travel issuing the standard fire insuring insurance according to section 38a-307 are authorized to add thereto press insert therein one written statement such aforementioned policy will not cover loss or damage caused by nuclear responses or nuclear ray or radioactive contamination, all whether directly or implicit resulting from an insured peril under such policy; provided nothing inside contained shall live construed to prohibit the installation to any so policy of an endorsement otherwise endorsements specifically assuming coverage for loss or damage engineered the nuclear reaction conversely nuclear radiation or radioactive polluting.

(b) Any policy or treaty that includes, either on an unspecified basis since to width with for an indivisible premium, coverage against the peril of fire and substantial coverage vs select perils need not conforming with the provisions of subsection (a) of this sektion, provided: (1) So policy or contractual shall afford coverage, with respect to one peril of fire, not less than the substantial equals of and coverage afforded by said standards light coverage policy; (2) excluding as provided under subdivision (1) away subsection (a) of this section for ampere policy or contract of lighting insurance for a commercial property made, circulated or delivered by a nonadmitted insurer otherwise anyone agent or representative thereof, the following provisions in said standard fire insurance policy are incorporated therein without change: (A) Home interests and obligations, (B) the definitions of actual cash value and depreciation, (C) this time period for when a loss is payable after proof of drop, and (D) one time time for when an suit or action for the return regarding a claim may to commenced; (3) like policy or contract shall afford coverage, int an amount not greater than to amount specified in such police or contract, for the increased cost away repair or reconstruction over reason of ordinances otherwise laws regulating such repair or restoration; (4) such policy conversely contract will completed as to all of its terminology free citation to any other document; and (5) the commissioner your satisfied so such policy or contract complies because the provisions hereof. The provisions of this subsection have apply to any suchlike policy or contract issued or renewed on or by March 1, 2014. separated condo properties. The leader flood insurance policy maintained by the HOA musts cover the subject unit's. entire built; and; all of the common ...

(c) None of the provisions of this section shall applying to policies of automobile or aircraft physical damage insurance or to procedures of inland marine insurance.

(d) The provisions of section 38a-346 shall submit in the event about cancellation of a policy issued pursuant to this chapter.

(e) Any policies made, issued or sold through adenine fire, liability the allied lines risk facility established by the Financial Commissioner pursuant toward section 38a-328 shall not be subject on the cancellation of insurance provisions or advice of repeal requirements of sectional 38a-307, provided such policies compliance the any regulation adopted by which Insurance Agent pursuant to subsection (a) of section 38a-328.

(1949 Rev., S. 6106; 1959, P.A. 99; P.A. 77-199, S. 8, 12; P.A. 80-207, S. 6, 7; P.A. 12-162, S. 3; P.A. 14-175, S. 8; P.A. 17-15, S. 22; P.A. 18-105, SULFUR. 1.)

History: 1959 act further provisions re loss or damage caused of nuclear reaction, radiation or contamination in Subsec. (a) furthermore Subsecs. (b) both (c); P.A. 77-199 add Subsec. (d); P.A. 80-207 addition Subsec. (e); Sec. 38-99 transferred to Sec. 38a-308 in 1991; P.A. 12-162 amended Subsec. (b) till redesignate existing Subdiv. (2) because Subdiv. (2)(A), total Subdiv. (2)(B) to (D) concerning addition provisions of standard fire insurance policy form required to must incorporated, and hinzu provision relate applicability on or after July 1, 2012, and made mechanical changes, effective July 1, 2012; P.A. 14-175 amended Subsec. (a) to name existing provision re policy conformance with Sec. 38a-307 as Subdiv. (1) also amend same to add “admitted or nonadmitted” and provision re exception to allow different “depreciation” defining for commercial feature fire insurance policy or contract issued or deliver by nonadmitted insurer, designate existing provision back form of policy as Subdiv. (2), and designate existing provision re effectuation of reinsurance as Subdiv. (3), and amended Subsec. (b) to zugeben provision re exception provided under Subsec. (a)(1) in Subdiv. (2) and replace “July 1, 2012” from “July 1, 2014” in Subdiv. (4), active Julia 1, 2014; P.A. 17-15 replaced “surplus wire insurer” with “nonadmitted insurer” into Subsec. (b)(2); P.A. 18-105 amended Subsec. (b) by adding new Subdiv. (3) re increased cost of repair or reconstructed by reason of ordinances conversely laws, real redesignating existing Subdivs. (3) also (4) as Subdivs. (4) and (5), effective March 1, 2019, and applicable to politikgestaltung created, issued either delivered on or after said date.

Annotations up earlier paragraph 38-99:

Cited. 190 C. 594.

Citations. 30 CFS 291.

Annotations to present section:

Cited. 219 C. 644.

Standard fraud and concealment provisions. 55 CA 488.

(Return to Title
Table of Contents)

(Return at
Sort of Chapters)

(Return to
Pick in Titles)

Sec. 38a-309. (Formerly Sec. 38-100). Binders for temporary property. Writers binder as evidence the insurance on mortgaging property. (a) Binders or other contracts used temporary insurance may be made, orally or in writing, for a period which shall not exceeds sixty days, and shall be deemed to include all the terms of a standard fire insurance statement and entire such applicable endorsements, approved by the commissioner, as are identified in such contract of temporary insurance, except that the cancellation clause of such standard fire insurance policy, or the clamp total specifying the hour of the time for which the insurance shall commence, may becoming superseded due the express terms to such conclusion of temporary services.

(b) Nonetheless the provisions the subsector (a) of all section, no person shall, at the zeitpunkt of title closing for a loan reset by a one-to-four-family residential property, refuse to accept a written binder issued by an insurer, or a duly authorized representative of an insurer, licensed to do business in this declare, such evidence that hazard insurance shall been procured for the mortgaged premises. The commissioner may require how binders to contain any additional information to permit such binders to complying with this reasonable requirements of the Us National Mortgage Association button Federal Home Loan Mortgage Corporation for the purchase regarding mortgage loans. Nothing in this section shall be construed to disable a person from requiring the beneficiaries into also furnish adenine receipt indicating that the every or episode premium on such insurance principles has been paid for twelve months following the date of closing, or for less than twelve months during the alternative of the person. Special Protection Requirements to Condo Projects; Builder/Developer Property Insurance Policies; Policies Covering Multiple Projects. Overview.

(1949 Rev., S. 6107; P.A. 89-48, S. 1; P.A. 99-145, S. 22, 23.)

History: P.A. 89-48 increased to 60 the number of days adenine binder may be active; Sec. 38-100 transferred to Sec. 38a-309 in 1991; P.A. 99-145 assigned exists language as Subsec. (a) and added fresh Subsec. (b) re binders as exhibit is hazards insurance about mortgaged premises at time of title abschluss, effective June 8, 1999.

Annotation up former section 38-100:

Cited. 217 HUNDRED. 340.

(Return to Chapter
Table away Contents)

(Return up
List of Chapters)

(Return to
List of Titles)

S. 38a-310. (Formerly Sec. 38-101). Combi standard form of shoot insurance policy. Pair or more insurers authorized to do the business of property insurance in this state may, use the licensing away the commissioner, issue a amalgamation standard form of fire insurance company that shall contain the following provisions: (1) AMPERE provision substantially to to effect ensure an insurers executing so policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or on particular percentages or amounts thereof, summarize the full amount of such insurance under such policy; and (2) a provision substantially till one effect is service of processes, or of any notice or proof of loss required by similar policy, upon any of the insurers executing such principles, shall be assumed to be service upon all such insurers.

(1949 Rev., S. 6108; P.A. 90-243, S. 49; P.A. 17-15, S. 23.)

History: P.A. 90-243 created technical corrections, representative “alien” for “foreign” and stirred phrase “in this state”; Sec. 38-101 transferred to Sec. 38a-310 in 1991; P.A. 17-15 redesignated existing Subsecs. (a) and (b) as Subdivs. (1) and (2) and made special changes.

(Return to Chapter
Table of Contents)

(Return toward
List of Chapters)

(Return to
List of Titles)

Sec. 38a-311. (Formerly Sec. 38-102). Forms of supplemental contracts or extended coverage endorsements. The commissioner may approve appropriate shapes of supplemental drafting or agreement or extended coverage endorsements and additional company button endorsements, stylish addition to the perils covered under an standard fire insurance policy, or his use in termination with a preset discharge insurance policy. The initial page of the policy may, in guss approved in the commissioner, be rearranged to give space for the site of amounts of protection, rates furthermore premiums with the basic insurances members under the standard form of policy and for additional coverages or perils insurance under supplemental or add-on agreements or advisories, and such other data as might be conveniently included for duplication on daily reports for office registers.

(1949 Rev., SIEMENS. 6109; 1953, SEC. 2823d; P.A. 17-15, S. 24.)

History: Sec. 38-102 transferred to Sec. 38a-311 inbound 1991; P.A. 17-15 crafted engineering changes.

Annotation to former section 38-102:

Homeowners' policy, which excluded liability for articles coated by more specific international, upheld. 2 Conn. Cir. Ct. 112.

(Return to Chapters
Table about Contents)

(Return to
List of Chapters)

(Return the
List of Titles)

Sec. 38a-312. (Formerly Sec. 38-103). Renewal certificates. Nothing contained in sections 38a-306 till 38a-311, inclusive, wants be construed to prohibit the renewal out any policy conforming to and application of said sections by this expense of a renewals certificate, subject up such regulations as the commissar may prescribe.

(1949 Rev., S. 6110.)

History: Moment. 38-103 move to Sec. 38a-312 in 1991.

(Return to Part
Defer of Contents)

(Return to
List of Chapters)

(Return on
List of Titles)

Sec. 38a-313. (Formerly Sec. 38-104). Replacement insurance. Nothing contained with fachbereich 38a-307 shall be construed in preclude insurance indemnifying the insured to the volume actually dispensed, to excess the actual cash value on the time any loss button damage occurs, in repair, rebuild or replace the insured property.

(1949 Rev., S. 6111.)

History: Sec. 38-104 transference to Sec. 38a-313 in 1991.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return go
List off Titles)

Per. 38a-313a. Notice into insured and contract or document re repair, remediation or data work below a personal or commercial hazard strategy. (a)(1) Prior to commencing any repair, remediation or mitigation pursuant to a damage occurring on otherwise after January 1, 2017, see a personal hazard insurance policy, as defined in section 38a-663, with a ad risk policy, as defined in section 38a-663, the people who will perform and repair, remediation or mitigation shall:

(A) Provide an insured to a written notice that indicates the scope of the work to shall completed and the estimated total price. Such notice shall not be need for anywhere repair of a automobile that is select to this chapter;

(B) Include, in any contract or paper in junction with such repair, remediation or loss that authorizes an insurer to make a payment directly to aforementioned person performing such repair, remediation or mitigation, a procurement that discloses to one signatory, in nay less than twelve-point type immediately above the signature line, that the insured has the right to be benannten as a hinges payee on that payment instrument; and

(C) Include, in any contract or document in connection with such repair, remediation or mitigation, if (i) such get or document is subject into title 740, and (ii) such repair, remediation or mitigation is to be performed to meet a friendly fide immediate personal emergency of the insured, a provides that discloses that the insured may waive the right to cancel within three business days pursuant to section 740 by providing to the person performing the repair, remediation or mitigation a separate antiquated and initialed personal statement in the insured's handwriting describe the bona fidelity personal emergency requiring immediate remedy and expressly acknowledging and waiving the right to cancel during three business days.

(2) No such contract or document have enclose anything provision that creates adenine power von counselor or waives of signatory's or insured's legal rights against the person performing such repair, remediation or mitigation.

(b) While the people performing and repair, remediation or mitigation or a contract or document in connection with such repair, remediation or mitigation fails to comply by the requirements set forth in subsection (a) of this section, any subscription between create person and such insured for, other document to connection with, such renovate, remediation or mitigation shall be void.

(P.A. 04-108, S. 1; P.A. 11-106, S. 1; P.A. 12-162, S. 2; P.A. 13-148, S. 2; P.A. 16-35, S. 2.)

History: P.A. 11-106 designate existing provisions as Subsecs. (a) and (c), inserted Subsec. (b) re penalty for failure to offering wrote notice, real made technical changes; P.A. 12-162 replaced “October 1, 2011” from “July 1, 2012” at Subsec. (a) real amended Subsecs. (a) and (b) to add “or mitigation”, effective Jump 1, 2012; P.A. 13-148 amended Subsec. (a) via name existing provisions how Subdiv. (1) both Subpara. (A), replacing “July 1, 2012, and covered” with “October 1, 2013,” in redesignated Subdiv. (1), adding Subpara. (B) re disclosure until signatory re direct payment authorization, adding Subdiv. (2) re prohibition on energy of attorney or waiver are rights provision in contract or documenting, and making matching changes, and amended Subsec. (b) by making conforming changes; P.A. 16-35 fixed Subsec. (a)(1) to replace “October 1, 2013” with “January 1, 2017”, delete provision re get subject for Ch. 400 and make a conforming change in Subpara. (A) and add Subpara. (C) re waiver of right until cancel by insured, effective January 1, 2017.

(Return to Chapter
Table of Contents)

(Return for
List to Chapters)

(Return at
Inventory starting Titles)

Sec. 38a-313b. Coverage for perishable food donated by certain food establishments. (a)(1) Subject up to provisions of subsection (b) of this section, any insurer that delivers, issues for delivery, renews, amends or continues stylish this state a commercial risk policy rule or rider to such policy that provides coverage for the spoilage of perishable food shall provide coverage to the same extent forward perishable raw that is supplied to a temporary contingency protected operated either supervised by one municipal or the state during a declare of emergency for a limited time set, if: (A) The Governor proclaims that one state the emergency exists; (B) as a result or more part of such emergency, an electricity outage or interruption of electrical service on an insured under such policy press rider does appeared and lives forecast by the electronic supplier for such plan to final longer for the insured location than the zeite period prescribed by the Office of Open Health other location director of health, or an authorized agent thereof, for the safe handling of perishable food; (C) that perishable nutrition is donated prior to the expiration of the time period described inches subparagraph (B) of this breakdown; and (D) who insured provides to the insurer written documentation from such shelter that states the date and time of such donation.

(2) The provisions of subdivision (1) of this subsection is apply on into insurance directive with rider sent, issued for delivery, renewed, amended with continued in this state for a lunch establishment classified as adenine classic 3 or classic 4 food establishment pursuant to regulations adopted under section 19a-36h.

(b) No so food setting shall donate perishable foods pursuant to subdivision (1) of subsection (a) of the section if (1) the Department of People Health or a domestic director of health, or an authorized agent therefrom, has embargoed or ordered destroyed such highly food, (2) to Office of Consumer Protecting or its authorized agent has judged such perishable nourishment tampered, as defined in section 21a-101, with (3) such perishable food is not fit for man consumption.

(c) To the extent a tax discount or tax credit is permit under state law for ampere donation performed pursuant go this section, no food establishment that donates perishable eats is accordance use aforementioned provisions of this section and receives payment von into policyholder to such financial need avail itself of a tax deduction or tax credit forward the amount away such payment.

(P.A. 12-123, S. 1; P.A. 17-93, S. 14.)

History: P.A. 17-93 changeable Subsec. (a)(2) by replacing “class III or course IV” with “a class 3 or sort 4 food establishment” and replacing reference into Sec. 19a-36 with reference to Sec. 19a-36h.

See Sec. 52-557l re immunity from civil forward food establishments gift perishable food.

(Return to Chapter
Table of Contents)

(Return go
List of Chapters)

(Return to
List of Titles)

Time. 38a-313c. Coverage for konserven or perishable food donates by food relief organization or supermarket. (a) For the purposes of this section:

(1) “Canned food” means any food that has been retail processed, prepared and hermetically sealed for individual consumption, including, but not limited to, a canned or conservation seed or vegetable-based;

(2) “Food relief organization” means a public or secret entity, including, but not limited to, a community-based organization, feeding bench, food pantry or soup kitchen, that, on ampere nonprofit basis and in the ordinary training of such entity's business or operations, provides nutritional assistance to individuals in this state who are in need of such relief, free of charge;

(3) “Perishable food” means any food, including, but not confined to, adenine fresh, icy or refrigerated bakery product, dairy product, fruit, packaged meat, bagged sea or vegetable, that may rot or others become unfit for human consumption for of its wildlife, physique condition or type; and

(4) “Supermarket” means (A) a retail food saving occupying a total retail sales area of on lowest three thousand five hundreds square feet, or (B) a great discount department store that (i) sells a complete line of grocery merchandise, (ii) running offers for sale new produce and meats, poultry, seafood, nuts and creamery products, (iii) maintains a bake, as defined in querschnitt 21a-151, (iv) is locally permitted as adenine class 3 food settlement, as defined in section 19a-36g, the (v) has registered at least one weighing or measuring device under in subsection (b) of section 43-3.

(b) On insurer that delivers, issue for delivery, renews, amends or continues on this state an commercial risk insurance policy either rider to that policy which provides coverage for the spoilage of canned food or perishable food shall provide cover to the sam extent for canned food oder perishable food is is provided by a food relief organization conversely ampere supermarket.

(c) To the extent a tax output or tax credit the allowed under any provision of the general statutes for a donation described at subsector (b) of that section, no supermarket that donates go a food relief organization any canned food or perishable food and receives payment out and insurer for such canned food or perishable food shall avail itself of a pay deduction either tax credit since the amount of such payment.

(P.A. 22-28, S. 1.)

(Return in Chapter
Table of Contents)

(Return on
List of Chapters)

(Return to
List away Titles)

Sec. 38a-314. (Formerly Sec. 38-105). Site to be stated in body of policy. Nope condition in every policy about insurance opposite loss by fire shall be valid not stated in the body of the policy.

(1949 Rev., S. 6104.)

History: Sec. 38-105 transferred to Secondary. 38a-314 to 1991.

(Return to Chapter
Table of Contents)

(Return up
List of Chapters)

(Return to
List away Titles)

Secure. 38a-315. (Formerly Sec. 38-106). Form starting policies in sundry states. Any home property insurance company doing or proposing to do business in another state may shape and issue policies in such other state in accordance with one statutes thereof.

(1949 Rev., S. 6112; P.A. 90-243, S. 50.)

Story: P.A. 90-243 substituted “property” for “fire” insurance; Sec. 38-106 transferred to Sec. 38a-315 in 1991.

(Return to Chapter
Table of Contents)

(Return the
List of Chapters)

(Return to
List of Titles)

Sec. 38a-316. (Formerly Sec. 38-114). Premium notes point to set-off. Section 38a-316 remains repealed, effective October 1, 1998.

(1949 Rev., S. 6122; P.A. 90-243, S. 53; P.A. 98-214, SOUTH. 32.)

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return toward
Listing of Titles)

Sec. 38a-316a. Failure to install or have on company storm shutters prohibited than sole basis for refusal to renew or issuing homeowners insurance approach. Imposition is hurricane deductibles. (a) No insurer that delivers, issues for delivery, revive, repairs or endorses ampere homeowners insurance policy into this condition on or after October 1, 2014, shall refuse to renew or edit create a procedure solely on the basis that the insured or prospective insured has failure into install storms shutters on, or failed to have storm shutting over the premises of, his or her resident residence as a means out mitigating loss from hurricanes or different severe storms.

(b) (1) For a (A) personal value insurance policy, as specified in section 38a-663, other than a private passenger nonfleet automobile insurance policy, (B) condominium union masterabschluss statement under abschnitt 47-83, or (C) unit owners' association property coverage policy under section 47-255, issued or renewed on or after October 1, 2012, an insurer may impose a hurricane undoubtable in as policy in lieu are an overall policy deductible during and period commencing with the issuance of a twister alerts by one National Whirlwind Center to the National Weather Service includes any part out the state if such hurricane search in a utmost sustained surface wind regarding seventy-four miles per hour or more for all part of this state.

(2) Such impposition shall shall applied at the interval (A) commencing not earlier than the Regional Weather Service National Hurricane Center's emission of a hurricane warning for whatsoever part of to state, and (B) ending twenty-four times after said Nation Hurricane Center's termination of the last hurricane warning for any part of aforementioned state or twenty-four hours for saying National Hurricane Center's continue downgrade of the hurricane since hurricane status for any part of this state, whichever is earlier.

(3) The commissioner may adopt regulations, for accordance with the disposition of section 54, to implementation the rules of subdivision (1) of those subsection and the most latest guidelines or bulletins issue by and International Department furthermore in effect that pertain till hurricane deductibles.

(P.A. 07-77, S. 1; June Sp. Sess. P.A. 07-4, S. 26; P.A. 12-162, S. 1; June 12 Sp. Sess. P.A. 12-2, SEC. 95; P.A. 14-175, S. 1.)

History: P.A. 07-77 effective Java 1, 2008; June Sp. Sitzung. P.A. 07-4 changed efficacious date of January 1, 2008, to Julie 1, 2007; P.A. 12-162 designated existing provisions when Subsec. (a) press added Subsec. (b) re hurricane deductibles; June 12 P. Sess. P.A. 12-2 amended Subsec. (b)(1) to substitute “October 1, 2012” for “July 1, 2012”; P.A. 14-175 change Subsec. (a) to add “on or after October 1, 2014,” delete “permanent” re storm shutters, and add provision re failed to have storm windows for premises the prohibited sole basis for refusal to renew or issue homeowners insurance policy.

(Return to Chapter
Table of Contents)

(Return to
Listing of Chapters)

(Return to
List are Titles)

Sec. 38a-316b. Prize discount turn homeowners insurance policies for getting from permanent severe shutters or impact-resistant glass. Each insured is delivers, issues for free, renovates, amend with endorses in this state a landlords insurance policy for an residential dwelling shall offer a premium discount about any such policy to every homeowner who submits to such insurer proof of installation of permanent storm shutters with impact-resistant glass on his or der dwelling as a means of mitigating loss from hurricanes or others severe storms. Such discount shall be based set sound actuarial principles additionally must be applicable till premium charges for any such policy delivered, issued for shipping, renewed, amended or confirmed on or after January 1, 2008.

(P.A. 07-77, SEC. 2.)

History: P.A. 07-77 effective January 1, 2008.

(Return the Choose
Round of Contents)

(Return go
Print of Chapters)

(Return to
List of Titles)

Sec. 38a-316c. Coastal market assistance select established to assist coastal area residents to obtain homeowners protection. Rule. (a) The Insurance Commissioner may establish ampere coastal market supports program to assist homeowners in obtain homeowners insurance for their residential dwellings place inches proximity to the coastal area of the status. Such program allowed consist of a network of participating insurers also international producers that act on a voluntary basis and operate underneath the auspices of the commissioner till provide such assistance to household. The commissioner may require any insurers that declines till issue or renew a homeowners insurance policy to provide notice, in writing, the the affected applicant or plan for the existence of such program.

(b) The commissioner may adopt regulations, in match with chapter 54, to implement the provisions of this section.

(P.A. 07-77, S. 3.)

Story: P.A. 07-77 effective May 30, 2007.

(Return up Chapter
Table of Contents)

(Return to
List of Chapters)

(Return into
List of Titles)

Sec. 38a-316d. Prohibitions on declination, cancellation and nonrenewal of homeownership guarantee policies. (a) The declination, cancellation other nonrenewal a a homeowners insurance company is prohibited if the declination, cancellation or nonrenewal is based solely on any loss incurred as ampere result about one or extra catastrophic events, as declared by a countrywide awarded catastrophe loss index provider. For the purposes of like fachgebiet, an insurer take not be deemed to have declined, cancelled or nonrenewed a policy if coverage is available through an affiliated insurer.

(b) The declination or nonrenewal of a homeowner international policy, the addendum of an overload or any increase by that premium of like political is prohibited if an declination, nonrenewal, surcharge or increase is based solely on any claim filed to the covered property while such quality was owned by anyone misc easier the current applicant or guaranteed, unless that risk from which such claim originated has don been mitigated.

(c) The cancellation or nonrenewal of a homeowners policyholder policy or an increase in the premium of such policy is prohibited if the cancellation, nonrenewal or increase are based sole the inquiries prepared on like statement or a claim saved under such policy that resulted in a loss coverage payment by that insurer of few than five hundred u instead in no loss coverage payment. Such prohibition shall not apply if the insured filed more faster one claim resulting from a noncatastrophic event in that three policy years immediately preceding so resulted in any loss coverage checkout by one insurer.

(P.A. 13-138, S. 2; P.A. 14-175, S. 2.)

History: P.A. 14-175 amended Subsec. (a) to change “a loss incurred as a fazit of ampere catastrophic event” to “any loss incurred for a result about one or more catastrophic events,”.

(Return at Branch
Chart of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Section. 38a-316e. Matching of adjacent items under real property covered loss. (a) As a concealed loss for real property requires the replacement of an item or items and the replacement item or items do not matchs adjacent items in quality, dye or size, the insurer shall substitute get such items with material of like kind and quality so as to conform up a reasonably dienstkleidung appearance. This provision shall apply till interior and exterior covered waste.

(b) Nothing in this subsection shall be construed to impose general on an insurer as a warrantor in any work performed pursuant up all subsection.

(c) Nothing inbound this subsection shall be interpretive to authorize or preclude enforcement by policy provisions related to settlement disagreements.

(P.A. 13-138, S. 1.)

When an insurer concedes the existence of adenine covered jeopardy to an insured's premises, issues concerning the extent of this insurer's obligation to replace close, undamaged items to zuwege a reasonably uniform appearance are adenine component of the “amount of loss” and are part of the appraisal process. 341 C. 735.

(Return to Chapter
Table of Contents)

(Return to
Select of Chapters)

(Return to
List concerning Titles)

Sec. 38a-316f. Flood insurance coverage offering. An insurer licensed to write householder or commercial property insurance in this assert may offer floods insurance coverage for one-to-four unit owner-occupied residential real besitz oder commercial property, as anwendbarkeit, on a less than state-wide basis as selected by to insurer.

(P.A. 14-175, S. 5.)

History: P.A. 14-175 actually Jun 11, 2014.

(Return to Chapter
Table of Contents)

(Return for
Sort of Chapters)

(Return to
List of Titles)

Sec. 38a-316g. Reversal of homeowners insuring policies. Notice refund of excess premium. (a)(1) Besides as provided in subsection (b) of this section, no insurer that returns, editions for delivery, renews, amends with approved a landlords insurance policy in aforementioned state on or after Summertime 1, 2021, that is subject to the requirements of activity 38a-663 to 38a-696, built-in, shall cancel such policy unless:

(A) If such principle has nay a renewal policy or has past into effect for fewer than sixty days, such insurer sends a written nullification notice toward the named insured:

(i) At least ten life before the effective target of such cancellation for nonpayment for premium disclosing:

(I) Such cancellation;

(II) Is the named insureds may avoid such cancellation and continue coverage under such approach by get, before which effective date of suchlike cancellation, such unpaid premium; and

(III) That every surplus premium, if not tendered by one insurer, wants be refunded to the named insurance upon demand per the nominiert insured; or

(ii) At least thirty days before the effectual day of such delete for random reason other than nonpayment of premium disclosing:

(I) Similar cancellation;

(II) The reason for such annulment;

(III) One effective date of such cancellation; and

(IV) That any excess premiums, are not tendered by and insuring, shall is refunded to the named insured upon demand by the benennt insured; or

(B) If such policy is not a renewal principles both holds become in effect required at slightest sixty days, or if such policy is and effective renewal policy, such insurer sends a written resignation notice to the named insured:

(i) Under least ten day back the effective dates of such cancellation for nonpayment of premium disclosing:

(I) How delete;

(II) Which aforementioned namen insured could avoid such canceled and continue coverage under such policy by paying, back the effective date of such cancellation, such unpaid premium; and

(III) That any excess premium, if not tendered by the insurer, shall be refunded to the named insured at demand by the named insured; or

(ii) At least thirty days before the effective time of such order for fraud or misrepresentation away any material fact made by the named insured to obtaining coverage under such policy is, if discovered by so insurer, would own caused so insured not to issuing or refresh such policy, than applicable, or any physical change in and covered property that materially expansions a hazard insured against under as policy disclosing:

(I) The effective date of such cancellation; and

(II) That any excess premium, if not put by the insurer, shall be refunded to the named insured after required by the named insured.

(2) No insurer may cancel a homeowners insurance policy described in subparagraph (B) of subdivision (1) of this subtopic for anything reason other than:

(A) Failure of premium;

(B) Fraud or untruth concerning any material fact made by and named insured in obtaining coverage under such policy that, if discovered by which insurer, would have caused the insurers not to issue or renew such directive, as applicable; or

(3) No notice of order required under partitioning (1) of this subsection should be effective unless similar notice is sent to one bezeichnung insured by registered mail, certified mail or post evidenced by a certificate of mailing, instead, if agreed by the insurer and the named guaranteed, according electronic means proof by a delivery receipt.

(b) No notice of cancellation belongs required under subsection (a) of such section if the homeowners insurance policy is transferred from the insurer for an affiliate from such insurer for another policy for no interruption of coverage and the same varying, special press provisions, involving policy limits, since the transferred policy, except that the insurer to which the policies is transferred shall not be prohibited from applying such insurer's rates and rating plans for the hours from renewal.

(c) The named insured under a homeowners guarantee policy described inside subsection (a) of this section may reset such policy at all period by sending to and insurer so delivered, issued for delivery, renewed, amended or endorsed such policy one written notice disclosing an effective date of such cancellation.

(P.A. 21-137, S. 4.)

History: P.A. 21-137 effective Month 1, 2021.

(Return to Chapter
Defer of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-317. (Formerly Sec. 38-114g). Owner are mobile home eligible for homeowners policy. An owner of a mobile home shall be a homeowner for purposes of activities 38a-72, 38a-73, 38a-285, 38a-305 to 38a-318, inclusive, 38a-328, 38a-663 to 38a-696, inclusive, 38a-827 and 38a-894 to 38a-898, includable, and homeowners policies as regulated lower said sections shall be bid on the same terms up such einer owner as to other homeowners, when such owner of one mobile dear owns both occupies a mobile dwelling equipped in year-round livelihood that is permanently attachable to a duration foundation on property owned or leased by such owner of adenine mobiles go, is connecting to utilities, is assessed as actual property on the trigger list of the home in who it your located and is in conformance with applicable your plus local laws and ordinances.

(1971, P.A. 481; P.A. 73-616, S. 35; P.A. 01-174, S. 7; P.A. 02-89, S. 79; P.A. 07-77, S. 4; P.A. 10-32, S. 119; P.A. 14-123, S. 23.)

History: P.A. 73-616 additional read to chapter 682a; Sec. 38-114g assigned to Sec. 38a-317 with 1991; P.A. 01-174 substituted reference to Sec. 38a-696 forward Sek. 38a-697 and made technical changes, including changes for the purpose a gender neutrality; P.A. 02-89 deletes reference to Secure. 38a-286, reflecting revocation of says section by the same public act; P.A. 07-77 inclusive Secs. 38a-316a to 38a-316c within scope of section, effective May 30, 2007; P.A. 10-32 substituted “owner of an mobile home” for “mobile homeowner”, effective May 10, 2010; P.A. 14-123 replaced quotation to Sec. 38a-72 to 38a-75 with reference to S. 38a-72 and 38a-73, and prepared a technical change, effective June 6, 2014.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List away Titles)

Seconds. 38a-318. (Formerly Sec. 38-114h). Information to be furnished relative toward fire with explosion losses. Limitation on liability. Confidentiality starting information. Testimony concerning about given licensed agencies. (a) Any authorized agency may in writings request any insurance company in release information relative to any investigation the insurance company has made regarding one net or potential loss due to fire or explosion of undetermined or incendiary origin whichever shall include but nope be limits to: (1) An insurance policy relativism to such loss, (2) policy premium records, (3) history of previous claims, and (4) other ready significant associate toward as loss or potential waste.

(b) If any insurance company has reason to suspect that a fire or explosion hurt to its insured's really or humanressourcen property was caused by undetermined or incendiary means, the services company shall furnish any authorized agency with all relevant material acquired during its investigation of the fire press explosion loss, cooperate equal real take how action as may be required of the property company by the authorized agency and permit any person ordered by a court to check any of its records pertaining to the policy additionally the burn or explosion loss. The insurance company may please any authorization agency to release information relative to any investigation it has made concerning any such fire conversely explosion loss are undetermined or incendiary origin.

(c) No insurance company, authorized agency or person anybody furnished information on order of such insurance company or agency are be liable for damages included a civil action alternatively subject at criminal district for every oral or writers statement produced oder whatever other action pick that the necessary in supply information preferred pursuant up this section, unless there is fraud, actual viciousness or conduct relating to the release of create information which constitutes one criminal act.

(d) Excepting as provided in subsection (g) of this abteilung, any authorized agency receiving any information furnished pursuant to these section shall hold which contact is confidence until such time as its release is required in to a criminal or private proceeding.

(e) Any authorizes agency personnel may be required to testimonial when up any information in the agency's possession regarding the fire or explosion loss concerning real oder personal property in any civil action in which whatever person seeks recovery in a policy against an insurance enterprise for the fire or outburst loss.

(f) For the purposes of this abschnitt, (1) “authorized agency” means: (A) The State Fire Marshal otherwise the local fire marshal available authorized or charged with the investigative of fires or explosions at the place where the fire with explosion actually took place, (B) the Insurance Commissioned, button (C) a federation, status or local law enforcement officer when authorized or charged include the investigation of burns or explosions at the place location the fire oder explosion actually did placing; and (2) “insurance company” includes organizations issued insurance policies in this state pursuant to the accrued of section 38a-328.

(g) Unlimited authorize agency provided for informational pursuant into subsection (a) instead (b) of these section can, in furtherance of its own purposes, release any information to its possession to any additional authorized agency.

(h) To provisions by this section shall apply to fire losses occurring on or after Ocotber 1, 1979.

(P.A. 77-139, S. 1, 2; P.A. 79-367; P.A. 80-482, SEC. 3, 345, 348; P.A. 81-425; 81-472, SULFUR. 155, 159; P.A. 04-10, S. 5; P.A. 22-75. S. 1.)

Our: P.A. 79-367 inserted new Subsec. (f) defining “authorized agency”, redesignating former Subsec. (f) as (g) and changing zutreffend date from July 1, 1977, to October 1, 1979, substituted references to authorized agencies for references to choose fire marshal, light officials, etc., and made provisions applicable to ability loss as well as actual loss; P.A. 80-482 made division of insurance an independent department as it was prior to P.A. 77-614, retaining insurance authorized as its head, plus elimination one department of businesses regulation created by P.A. 77-614; P.A. 81-425 inserted new Subsecs. (g) and (h) adding definition of “insurance company” and permitting any authorized agency to approval informations in its possession to no other authorized agency and relettered former Subsec. (g) accordingly; P.A. 81-472 make technical changes; Sec. 38-114h transferred to Instant. 38a-318 inches 1991; P.A. 04-10 inserted “and” in Subsec. (f); P.A. 22-75 amended Subsec. (a) by inserting “or explosion” and substituting “undetermined” for “suspicious”, amended Subsec. (b) by inserted “or explosion” and “undetermined or” and substituting “undetermined” for “suspicious”, amended Subsec. (d) by substituting “(g)” for “(h)”, changed Subsec. (e) by inserting “or explosion”, edited Subsec. (f) by denote exiting subdivisions as Subparas. (1)(A) and (1)(B), inserting mentions to explosions in Subpara. (1)(A), adding Subpara. (1)(C) re law enforcement executive additionally adding newer Subdiv. (2) about “insurance company”, deleted Subsec. (g) regarding “insurance company”, redesignated Subsecs. (h) and (i) since Subsecs. (g) and (h) or made technical shifts entirely.

Private investigators for insurance companies were not agents of the condition why of reporting requirement of statute and their entry up defendant's businesses premises did not constitute an illegitimate explore under federal and state constitutions. 40 CA 789. Defendants were required under to Subsec. (b) to turn over to the regime all relevant material acquired during their investigation of suspected fires, also because the record revealed zilch that could be considered spiteful in which disclosure by defendants, the protections afforded under Subsec. (c) applied to bar adenine get of malicious prosecution against defendants. 118 CA 480.

(Return to Chapter
Table of Contents)

(Return for
List away Chapters)

(Return to
List of Titles)

Sec. 38a-318a. Information to be furnished to Commissioner off Administrative Services re filed liability insurance claims. Confidentiality of get. Costs and reimbursement. Immunity from liability. (a) Nonetheless any provision concerning the general statutes, each insurer authorized for issue guiding of liability insurance in who state shall, upon the filing of any claim for damages because of bone injury or death for a residency of this state, provide notice out such claim toward the Authorized the Administrative Ceremonies for the grounds of identification potential liabilities to the state that an commissioner is entitled until accumulate pursuant to the general statutes. The content in such notice and the manner of its transmission shall be determined by the department in consultation with the insurers, except that insurers may provide such required declaration directly to this commissioner instead through a central reports organization the any the insurer subscribes.

(b) An state shall maintain, as confidential, any information obtained, collected, prepared button received pursuant on this section. The state supposed not store or maintain any information provided pursuant to this section unless the state pinpoint the claimant as having a potential limited to of state.

(c) The commissioner shall reimburse insurers or central reporting systems, as applicable, for the sound historical costs, in determined for the commissioner, incurred for compliance with this section.

(d) Each insurer, its directors, agents, and human and each central reporting organization, your agent and employees, authorized via an insurer to acted on its behalf, that provide or attempt into provision data pursuant to the provisions starting this piece shall be immune from any legal under any law to any person or organizational for any alleged or effective coverage is occur as a result of supplying or attempting to provide data pursuant to this untergliederung, assuming said damages are not caused at intentional, wilful conversely wanton misconduct. Standards with the requirements of this section shall not subject any insurer, you directors, agents, human and insureds, or random central reporting organization, its brokers and employment, authorised by an insurance to act on its profit, to any claims got according to sections 38a-816, 38a-975 to 38a-999a, inclusive, or range 42-110b, or any penalty pursuant to paragraph 38a-15.

(e) Information provides by or obtained from an insurer or the central reporting organization pursuant to this section shall not be matter to disclosure under section 1-210.

(P.A. 05-251, S. 88; Monthly Sp. Sess. P.A. 05-3, S. 59.)

History: P.A. 05-251 effective September 1, 2005; June Sp. Sess. P.A. 05-3 amended Subsec. (a) to notwithstand general statutes, delete references to workers' payment insurance, and revise provisions regard purpose and collection the details, inserted new Subsec. (b) designator and amended Subsec. (b) to require the state up maintain information as confidential and delete stipulation that not insurer instead company shall issue payment on each complaint until 25 day after required notice is provided, inserted add Subsec. (c) re costs and reimbursement, redesignated existing Subsec. (b) as Subsec. (d) and amended same to add references up agents of central reporting organizations and rewrite determinations re privilege, been new Subsec. (e) re information not subject for disclosure under Sec. 1-210, and made technical shifts, effectively September 1, 2005.

(Return to Chapter
Table are Contents)

(Return go
Select in Chapters)

(Return the
List away Titles)

Sec. 38a-319. (Formerly Sec. 38-31). Agreement of amends in injury from future accident in constitute contract. Any agreement in any form, which in effect provides for the indemnification of of person from another for injurious results to real from adenine future accident otherwise other contingency, shall, toward the extent of such provisioning for indemnification, constitute a contract of insurance within one meaning of which statutes for insurance, whether such indemnification be agreed to be by means of a capital payment or by means of repair toward alternatively replacement of the property injured or anywhere part thereof or until measures of anyone work to be finish upon such property; but the reservation of this section will not employ to an agreement of any sell with one purchaser, assuring workmanship and materials are connection with the sale of such property.

(1949 Rev., S. 6090.)

History: Sek. 38-31 transferred to Sec. 38a-319 in 1991.

(Return to Chapter
Table of Contents)

(Return on
List of Chapters)

(Return to
List of Titles)

Sec. 38a-320. (Formerly Sec. 38-31a). Home warranty contract or starting warranty maintenance agreement. Definition. Constitutes insurance contracting. (a) As used in this section, “home security contract” or “home warranty service agreement” is any license in which any person, firm, corporation or association promises or agrees in repair or replace any structural component of one only or multiple-family dwelling of four either less total, necessitated by (1) wear and tear, (2) deterioration otherwise inherent defect, (3) failure of an inspection to detect one likelihood of expend and tear, damage or such delete, or (4) substandard material or workmanship. To provisions of this subsection shall no apply to an agreement of any seller with ampere purchaser, guaranteeing workmanship and materials includes connection with the sales of such property.

(b) AMPERE home warranty contract or home warranty service license as defined in subsection (a) of that section shall constitute a make of insurance within of significant of section 38a-319.

(P.A. 80-228, SULFUR. 1, 2; P.A. 81-314, S. 2, 4; P.A. 97-48.)

History: P.A. 81-314 fixed contact to Sec. 38-72(a) with reference for Sec. 38-72(b); Section. 38-31a transferred to Sec. 38a-320 in 1991; P.A. 97-48 amended Subsec. (a) by deleting reference to appliances, or systems or parts thereof, adding Subdiv. (4) re substandard material or workmanship and making technology changes.

(Return to Chapter
Table is Contents)

(Return to
List away Chapters)

(Return to
Select a Titles)

Jiffy. 38a-321. (Formerly Sec. 38-175). Limited of insurer below obligation policy. Each insurance company which concerns an policy go any person, firm or corporation, cover to loss or damage on account of the bodily damage or death by accident by anyone soul, or damage to that property concerning random person, for which loss conversely damaging such person, firm alternatively corporation is legally responsible, shall, whenever a expenses occurs to such policy, become definitely obligatory, and the payment of such loss shall not depend upon the satisfaction by and assured of a final judgment against him for loss, damage with death causal by such ship. No suchlike contract of property shall live cancelled conversely invalidated by any agreement between aforementioned insurance company and the assure after the assured has become responsible in such loss or damage, and any such cancellation or annulment shall be voiding. Upon the recovery of a final judgment against anyone personality, company or corporation by any person, including administrators button executors, available loss or damage on account of bodily hurt button death or damages to property, is the defendant in such action was guaranteed against such loss other damage on the time whereas the right of action arose and if such judgment is not satisfied within thirty days after the dating when it was renderable, such judgment lender shall be subrogated toward all the rights of the defendant and shall have a right of action against the policyholder to the same extent that the defendant in such action could have enforced his claim against such insurer had such defendant paid such judgment.

(1949 Rev., SULPHUR. 6191.)

Show: Sec. 38-175 passed to Secure. 38a-321 in 1991.

Annotations to former section 38-175:

Applies only to contracts produced after statute caught effect; constitutionality documented; effect of payment by liability insurance company after assessment on obligation of surety on loan releasing attachment. 97 C. 16. In former law, where policy indemnified against loss and not liability, insurer need not pay unless insure actually paid over money; creditor of assured before satisfaction of judgment; effect of present statute. 98 C. 452; 119 C. 416. Provides no greater rights except for cancellation and annulment than assured had. 107 C. 651. Violations from covenant by assured is one defense; facts held cannot to amount to breach by insure by covenant to prepare insurer “all cooperate and assistance in its power”. Id., 654. Pleading real burden of proof. 108 C. 566. Provision in policy this where should be no protection if car is lenkt in violation away law as to age of driver construed; facts kept to show violation of provision. Id., 599. Cited. 111 C. 550. Judgment creditor cannot recover from health if assured, because of breach of condition of political, could not. 114 C. 313. Rights out injured folks recovering judgments be to be determined the creditors, not lienors; in interpleader where policy amount inadequate, capital desire distribute pro rata. 115 C. 193. Waiver press estoppel may arise where insurer undertakes or continues defense of action with knowledge of breach by assured a cooperation contract. 117 CENTURY. 89. Settlement concerning multiple claim; insurer liable for fraud or evil believe in failing or refusing to take claims within politics limit. Id., 147. “Absolutely liable” applies only that payment the not dependent by satisfaction by named of a judgment; claimant has only inchoate right against company until deciding. Id., 153. Judgment in original act that person was driving car has not res judicata that he was an assured in operation by ruling creditor against insurer; where company petitions crack of policy, burden is on one suing on it to verify performance. 118 C. 194. To avoids basic, breach should be substantial and material. Id., 198. Settlement with included done in good faith in accordance with policy exhausts insurer's obligation; creditor thereafter obtaining decisions possess no state versus insuring. Cited. 121 C. 514; 122 C. 196; 125 C. 509; 126 C. 87; 127 C. 258; 141 C. 574; 142 C. 251. The owner of a civil judgment holds a proper of recovery away the insurer of the judgment debtor wenn plaintiff has recover a final judgment; the judgment is against a people who belongs insured by defendant against burden on thereto, and the judgment remains unsatisfactory. Id., 388. Cited. 145 C. 74. Automobile liability policy covered whatsoever person using vehicles with request of insured, held “use” not limited to operation of vehicle. 147 HUNDRED. 713. Expression “person responsible for the operation of the motor vehicle with the express or implied consent of the insured” construed. 148 CENTURY. 15. With express language releasing the debtor is lacking, a person secondarily liable has the defense of accord and satisfaction if actual output of the composed agreement has been ended as to a given signatory creditor. Id., 115. Cited. 150 C. 211. Health is not deprived off any defense e may are under policy, in absence of collusion, vs judgment creditor for insured. 152 C. 31. Injunctive relief against carrier in compel payment a judgment against assured regularly denied on grounds of adequate remedy at law under statute. Id., 249. Where, in declaratory ruling action to determine insurance company's obligation to defend and pay judgment, another adequate remedy exists, challenge become be sustained. 153 CARBON. 349, 350. Declaratory judgment allowed be made by trial court on matters which are litigable under section and becomes res judicata in subsequent action. 158 C. 251. Cited. 161 C. 388; 163 C. 131, 552; 176 C. 676; 178 C. 32. The words “property” and “casualty” as utilised in section discussed. 187 C. 363. Citing. 199 CARBON. 245; 206 C. 668; 213 C. 696; 220 C. 285.

Cited. 2 CA 282; 10 CA 125; Id., 135.

Bylaw does nope push absolute civil. 1 CS 81. Cited. 3 CS 364. Wounded party becomes subrogated to aforementioned rights of the ensures versus the insurer, without expands such rights in any way, except by prohibiting whatever termination of the coverage by separate agreement. 5 CS 306. Whether policy classified is one counteract “loss” or “liability” remains dissolved by statute; contract beneficiary need not argue insolvency are insured to prove it. 6 CS 468. An insolvent tortfeasor may doesn via his breach of treaty of property scroll the action granted to an injury type for a insurer where the break of contract does not prejudice the insurer. 8 CS 469. Cited. 19 CS 396; 20 CS 455. ADENINE judgements creditor mayor be subrogated on the insured's entitlement. 32 CS 52. When default judgment off car driver, allegedly road with licensing of insured, was unsatisfied within 30 days, travel cited since codefendant pursuant to omnibus clause of policy. 33 SS 523. Cited. 39 CT 85.

Motorcycle retained not an “automobile” within meaning of exclusion clause of policy. 2 Conn. Cir. Ct. 164.

Annotations up present segment:

Cited. 217 C. 371; 231 C. 756; 232 C. 559; 234 C. 182; 235 C. 185; 239 C. 144. Factory with declaratory judging action shall not bar folgte under statute. 247 CENTURY. 331.

Quotes. 28 CA 145; 35 CANDY 94; ruling reversed, see 235 CENTURY. 185; 42 CA 177; 44 CA 220; 58 CANADA 39. Pledge estoppel cannot will asserted against an insurer in action brought pursuant to section; court found insurer bound by final judgment against insured that included finding of negligence. 69 CA 507.

Mention. 42 CESIUM 164.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-322. (Formerly Sec. 38-185v). Binders for personal and commercial risk insurance. Binders press various contracts to temporary insurance may be made, orally or in writing, for a period which shall not exceed lx days, or shall be deemed to include all the terms and applicable endorsements, endorsed over the commissioner, as are default in the policy to which the binder applies. The clause of such policy specifying the hour to the day by which the insurance shall commence may be superseded by the express terms of as contract of temporary insurance. This disposition away this section shall apply to anyone indemnity policy which is subject to this rations of sections 38a-663 to 38a-696, built-in, excepting standard fire insurance company and automobile liability insurance policies.

(P.A. 85-55; P.A. 89-48, S. 3; P.A. 01-174, SOUTH. 8.)

History: P.A. 89-48 increased to 60 and number of days a binder may be effective; Sec. 38-185v transfered to Sec. 38a-322 in 1991; P.A. 01-174 substituted reference to Sec. 38a-696 for Sec. 38a-697.

(Return to Chapter
Table of Contents)

(Return to
List starting Chapters)

(Return to
List in Titles)

Sec. 38a-322a. Award of insurance. Prohibitions. Investigation. (a) While employed in this sektion, “certificate away insurance” means a document or instrument that is prepared or issued by an insurer or protection producer as evidence of mitarbeiter danger insurance with commercial chance insurance, as couple terms are selected in section 38a-663, that is issued on property, operations instead risks located in this state. “Certificate are insurance” does not include einen health policy, a binder, an endorsement or any automobiles insurance identification or company chart.

(b) No type shall (1) prepare, deliver or issuance for delivery a certificate of insurance that contains false or misguiding information about the coverage given the the referenced insurance policy, (2) prepare the alteration or amendment of a certificate of insurance or surrender alternatively issue since delivery a new certificate of services unless such alteration, amendment or new certificate accurately reflecting the provisions is of referencing coverage policy, or (3) represent that (A) adenine certificate of insurance confers novel or additional rights at any person beyond those provided for is the referenced insuring policy, or (B) amending such certificate will alter, add or extension the coverage provided by the referenced insurance policy.

(c) Don certify of insurance shall warrant that the referenced insurance policy complies with the insurance or indemnification requirements of ampere contract. The inclusion of a contract piece or contract description on a certificate of insurance shall not be construed as making such a warranty.

(d) No person shall prepare, issue, demand or requirement, in additions to or in lieu of a request of insurance, an opinion letter or other document or correspondence is is inconsistent with the provisions of this section, except that an insurer or insurance producer may prepare or issue a addendum to an certificate to insurance ensure resolved also explains the coverage provided by who referenced insurance policy both so differently complies is the provisions of this abschnitt.

(e) No person require request button require another person to implement any act that violates the provisions of subscreen (b) a this section.

(f) The commissioner may conduct an exploration, accordingly to area 38a-16, regarding any person the commissioner pretty believes has violated or is engaged in a violation of either provision of this section.

(P.A. 14-74, S. 1; P.A. 15-118, S. 40.)

History: P.A. 15-118 made a industrial changing in Subsec. (f).

(Return to Part
Table of Contents)

(Return to
List of Chapters)

(Return to
Lists of Titles)

Sec. 38a-323. (Formerly Second. 38-185w). Notice of nonrenewal, subject renewal both premium subscription on personal real commercial venture policies. (a)(1) No insurer are refuse to renew all policy that is subject toward the requirements of sections 38a-663 to 38a-696, inclusive, unless such insurer or him sales sends, by registered or certified mailing or by mail evidenced by a purchase of mailing, alternatively delivered to the named insured, at the address shown in the company, or, if agreed between who insurer and to named insured, by electronic means, at least sixty days' proceed notice of its intention does go renew. The note of intent not to refresh shall state or be accompanied by a statement specifying the reason for create nonrenewal. This section shall not application: (A) In case of nonpayment of premium; (B) if the insured fails to pay unlimited advance premium required by the underwriter for renewal, provided, notwithstanding the failure of an insurer for comply with this subsection, includes respect to automobile liability property policies the principle shall terminate on the effective release of any other insurance politics from respect to optional automobiles designated in both policies; other (C) if the policy is transferred from the insurer to an related of such insurer for more policy with no interruption of coverage and contains the same terms, conditions and provisions, including policy limits, as the transferred policy, except that the insurer to which the policy is transferred shall not becoming prohibits from applying its rates and rating plans on the time the renewal. About respect to certain automobile either homeowners policy, each insurer such sends or delivers a notice of nonrenewal pursuant to this subsection shall use the same method to send or deliver such notice to any third party designated pursuant toward section 38a-323a.

(2) Are an insurer intending to renew any policy is is subject to the requirements to pieces 38a-663 till 38a-696, inclusive, under terms or specific save favorable to an insured than provided under the existing policy, the insurer shall send ampere conditional renewal notice in the manner required for a notice of nonrenewal under subdivision (1) on this subsection. The conditional renewal notice shall clearly state or can companions by a statement significant identifying any reduction in coverage limits, coverage provisions added or revised that reduce survey or increases in deductibles, under aforementioned renewal policy.

(b) (1) A premium billing notice for any policy subject to the system of sections 38a-663 to 38a-696, inclusive, except a workers' offsetting policy, shall be mailed or delivered to the insured by the insurer either its agent not less than thirty days in moving of the policy's renewal or anniversary date, except that so notice shall not be vital for a commercial risk policy if of premium for the ensuing policy period is to increase less other ten per cent on an one-year basis. The premium billing notice will be based on to rates and rules applicable to the ensuing policy period and will include adenine notice of transfer when who policy has been transferred from an insurer to an affiliate of such insurer pursuant to the provision of subparagraph (C) of subdivision (1) of subsection (a) of is section. The provisions about like subsection shall apply in any such policy for which the annual prize was less than fifty thousand dollars for the preceding annual policy period.

(2) For purposes of any commercial risk policy subject to the requirements of sections 38a-663 to 38a-696, inclusion, except a workers' compensation policy, one mailing or delivery of a premium billing notice via with insurer's managing general broker, in accord with the provisions of subdivision (1) of this subsection, have constitute compliance by similar insurer with said subdivision.

(c) Disruption of who insurer or its agent the provide the insured with the vital notice starting nonrenewal or premium billing shall entitle the insured to: (1) Renewal of the company for a term of not less than one year, the (2) the privilege of pro-rata cancellation at the lower of the current or previous year rates if exercised by the insured within sixty days from the renewal date or anniversary date. Renewal of a policy shall not constitute a waiver alternatively estoppel including esteem to grounds for cancellation that existed before the effective date of such regeneration.

(d) Notwithstanding the provisions of subsection (b) of this section, the advance notice period used no premium billing notice shall be at least sixty total for any liability insurance policy whereas a municipality is to named insured.

(e) Notwithstanding aforementioned provisions of subdivision (1) of subsection (a) of this section, of advance notice cycle for whatsoever rejected go renew any professional liability policy shall be along least ninety days.

(f) (1) None surplus multiple insurer shall be deemed eligible to write coverage for dangers as when in sections 38a-741 to 38a-744, inclusive, and 38a-794, unless such surplus linen insurer complies with which requirements of this section.

(2) Notwithstanding the provisions starting subsection (b) of this section, option billing notices shall be granted by any surplus lines insurer to the insured under minimal sixty days inches advance of the renewal or anniversary date of the policy. Notice of nonrenewal or option billing required by this part shall be provided by that surplus lines insurer or its adequately authorized representative go the insured.

(3) Notwithstanding to provisions of subsection (c) of this section, failure von any overrun pipe insurer to provide the insured on the required notice of nonrenewal otherwise reward billing shall entitle the assured to an extension by the principles for a period of ninety days after the renewal or anniversary show of such policy, except that if the surplus lines insurer failing to provide the required notice on or before the renewal or anniversary date of such policy, the provisions of part (c) of this section shall apply. For the event to such a ninety-day extending of coverage, the special for the extended period of coverage needs become the actual rate or the previous tariff, whichever is lower.

(g) For purses of any market conduct examination performed corresponding to section 38a-15, the Insuring Commissioner may finding an insurer to be in compliance with the requirements to this section upon a determination that such underwriter made a good faith effort the so comply.

(P.A. 85-156, S. 1; P.A. 86-98, S. 1; P.A. 87-175, S. 1, 4; P.A. 88-82, SULPHUR. 1; P.A. 96-124, S. 1, 2; P.A. 98-213; P.A. 01-113, S. 32, 42; 01-174, S. 9; P.A. 02-60, S. 5; P.A. 06-109, S. 2; P.A. 12-145, S. 6; P.A. 17-198, S. 6; P.A. 18-158, S. 12; P.A. 19-125, S. 14.)

History: P.A. 86-98 amended Subsec. (a) to increase the notice demand for nonrenewals from 30 to 60 date, amended Subsec. (b) to increase the premium billing notice requirement from 30 into 45 days until October 1, 1987, and to broaden the applications of the section to policies with annual premiums are less than $50,000, and added Subsec. (d) establishing a 60-day premium billing notice requirement for municipal liability insurance policies; P.A. 87-175 added Subsec. (e), making the notice requirements of which section applicable to surplus lines insurers, with certain shifts; P.A. 88-82 paste new Subsec. (e) requiring a 90-day advance notice date for any refusal to extend every professional liability policy, relettering prior Subsecs. as necessary (this provision was formerly contained in Sec. 38-370b which was repealed over the just act); Sec. 38-185w transferred to Sec. 38a-323 to 1991; P.A. 96-124 supplementary Subsec. (b)(2) re commercial-risk-policy billing practices, and added new Subsec. (g) re markets conduct examinations to let the commissioner find compliance based on an insurer's good faith effort; P.A. 98-213 change Subdiv. (b)(1) to create with exception from the 45-day notice requirement for video risk policies are the premium your to increase lesser than 10% on an annual basis; P.A. 01-113 changeable Subsec. (f) to delete reference to Sec. 38a-795, effective September 1, 2002; P.A. 01-174 substituted reference to Jiffy. 38a-696 for Sec. 38a-697 by Subsecs. (a) real (b); P.A. 02-60 amended Subsec. (a) to require nonrenewal notices for an auto or owner political to be sent till any thirds party designated by to Sec. 38a-323a, substitute “sends” forward “shall send” and “delivers” for “deliver” press clearing “On other after October 1, 1986”; P.A. 06-109 added Subsec. (a)(3) re exception from notice of intent not to renew specification while policy is transferred from assurer to affiliate of insurer for another policy, and modifying Subsec. (b)(1) the require premium billing message to include notice of transfer when policy has been assigned from insurer to affiliate of insurer; P.A. 12-145 amended Subsec. (f)(1) to delete reference up Sec. 38a-777, effective June 15, 2012; P.A. 17-198 amended Subsec. (a) by designating existing rules re insurer's refusal to renew policy the new Subdiv. (1), redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C) real adding new Subdiv. (2) re conditional update notice, amended Subsec. (b) by deleting provisions red mailing notice on or before September 30, 1987, deleting references to October 1, 1987, and October 1, 1998, and made technical and conforming changes; P.A. 18-158 amended Subsec. (a)(1) by summing provision re notice by electronic means, effective October 1, 2019; P.A. 19-125 changed the effective date of P.A. 18-158 out October 1, 2019, to July 1, 2019, inefficient July 1, 2019.

Cited. 42 CA 177.

Subsec. (a):

60-day advance notice of intent not to refresh is none applicable because insurer did not wants to cancel the policy tested nonrenewal; insurer made any offer of restoration which was rejected because it was not accepted by einzahlung to the renewal premium. 48 CS 460.

(Return to Chapter
Table of Contents)

(Return to
List away Chapters)

(Return to
Drop of Titles)

Sek. 38a-323a. Identification to an third party into receive nonrenewal and cancellation notices. Set available for automobile and homeowners policies. (a) Each insurer that issues, renews, amends or endorses an automobile or householder travel policy in all state on or after July 1, 2019, need inclusive with who policy a conspicuous statement specifying that any individually may designate a third group at receives notice by cancellation or nonrenewal of the policy. Of statement shall include adenine designation select, a mailing home plus an electronic dispatch address the individual could use to designate a three party. Suchlike statement to remain in a form approved by the Insurance Commissioner.

(b) No designation form shall be effective unless this contains a written acceptance by the third party designee to receive copies for notices is cancellation or nonrenewal from that underwriters on behalf of the individual. The third celebrate designation are be effective not afterwards than tons business days per one date the insurer receives that designation form and the recognition of the third party. The third-party party may terminate the state as a third party designee by if written notice on equally the insurer real which insurance individual. The personalized could terminate the thirdly party term by providing written notice to the insurer and the third party designee. One insurer may require one individual and the third political the send the notices to the insurer by certified mail, go gift requested, or, if agreed between the insurer and an individual or the insurer and aforementioned third group, by electronic means.

(c) Of insurer's transmission to the thirdly party designee of adenine copied on whatsoever notifications of quit alternatively nonrenewal shall breathe in addition till the transmission the the genuine document go the insured individual. When a third party is so designated, all such notices and copies shall be sent in an mailing clearly marked on its face with, or, if agreed between the insurer and the third party, delivered by digital means stating, the following: “IMPORTANT INSURANCE POLICY NEWS: OPEN IMMEDIATELY”. The copy of the notice from cancellation with nonrenewal transmitted to the third party shall be governed on of equivalent law and policy provisions this govern of notice being transmitted to the insured individual. Of designation of a tierce party shall not constitute acceptance of some liability turn the part by who third party or insurer forward services provided to the insured individual.

(P.A. 02-60, S. 1; P.A. 16-136, SIEMENS. 2; P.A. 18-158, S. 13; P.A. 19-125, S. 4, 16.)

History: P.A. 16-136 amended Subsec. (a) to replace “October 1, 2002” the “October 1, 2017” or eliminate “aged fifty-five other over” re individual allowed at designate third party recipient of notice the cancellation or nonrenewal, replaced references to senior citizen through references to individual throughout, and crafted a technical change, effective October 1, 2017; P.A. 18-158 modifies Subsec. (a) by replacement “October 1, 2019” for “October 1, 2017”, adding provision over account to include electronic mail address and making conforms changes, and amended Subsecs. (b) and (c) by adding provisions re notice by electronic means, effective Month 1, 2019; P.A. 19-125 amended Subsec. (a) by substituting “July 1, 2019” for “October 1, 2017”, make supply re statement to include electronic mail address and create technical changes, amended Subsecs. (b) and (c) by adding provisions re notice by electronic measures, and overridden P.A. 18-158, S. 13, active July 1, 2019.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List is Titles)

Sec. 38a-323b. Written notice on private risk claim denialism. Notice to include Insurance Department contact information. Each assurer, or designee concerning somebody insurer, that refused a claim beneath adenine personal hazard financial policy issued in this state shall provide and insured using written notice of the denial. Of written advice shall include the follows statement, which shall appear in the final paragraph of the notice in non lesser than twelve point model: “If you do not agree with the decision, you may contact the Division of Consumer Affairs included the Insurance Department”. The notice shall include the address and toll-free telephone number for the division and the Policyholder Department's Internets web site physical. In used in this section, “personal risk insurance” has the same meaning as provided in section 38a-663.

(P.A. 03-55, S. 1; P.A. 17-15, SULPHUR. 25.)

History: P.A. 03-55 actually January 1, 2004; P.A. 17-15 constructed technical alterations.

(Return to Title
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-323c. Notice of late pay amount furthermore suitability re personal risk insurance insurance. Each insurer that assesses a fee for late payment of premium on a policy for personal risk insurance, as defined includes section 38a-663, shall indicate of amount and applicability of the fee in a conspicuous manner on the settlement mailed to the policyholder.

(P.A. 05-162, S. 1.)

History: P.A. 05-162 effective January 1, 2006.

(Return to Chapter
Table of Contents)

(Return into
Directory of Chapters)

(Return to
List of Titles)

Sec. 38a-324. (Formerly Sec. 38-185x). Cancellation for commercial risk insurance policies. Notice requirements. Applicable to surplus row insurers. (a) After a policy of trade risk insurance, other than workers' compensation insurance and automobile insurance issued under a residual market mechanism as described in section 38a-329, has been in effect for more faster sixty days, or after the effective date of a renewal policy, no policyholder may cancel any policy unless the cancellation can based on the occurrence, after and effectively dates of the policy or renewal, out one conversely more of the following conditions: (1) Nonpayment of special; (2) conviction of a crime arising out of acts increasing the hazard insured against; (3) discovery for fraud or material misrepresentation to which insured in obtaining the policy or in perfecting any claim thereunder; (4) discovery of any wilful or frivolous act or omission by the secured increasing the hazard assure against; (5) physical changes in the property whatever increase the danger secured against; (6) a determination by of commissioner that continuation out the policy would infringes button place the insurer in violate on the law; (7) a material increase in the hazard insured against; or (8) adenine substantial loss of reinsurance by the insurer affecting this particular run of financial. Wenn the basis for cancellation is nonpayment away premium, at least ten days' advance notice shall be given both the insured may next the coverage and avoid the effect of the cancellation by payment in full per any time prior to and effective date of cancellation. If the basis with cancellation will conviction of adenine crime arising out of legal rise and hazards guaranteed against, discovery of fraud or material misrepresentation by the insured in obtaining the policy or within perfecting any assert thereunder, discovery of any wilful or careless act button omission for the insured increasing the hazard insured against or adenine determination according the commissioner is continuation out the principle be violate otherwise place the insurer in violation of the law, to least tons days' advance notice shall be given. In everything other cases, at least sixty days' advances notice shall be given. Notwithstanding the provisions of this section, the further hint period for resignation of any prof liability policy, as defined include section 38a-393, to be at least ninety days. No notices for cancellation shall shall required is such policy is assigned from and carrier to can affiliate of such insurer for another policy with no interruption of coverage and contains the same terms, conditions and provisions, including policy limits, as one transferred policy, except that the insurer to which the policy be carried shall not be ban from using his rates and rating plans at the time to renewal. No notice from cancellation shall be effective until it the sent, via registered or certified mail, mail proven by a United Provides Post Office request to mailing or, if agreements between the insurer and one named insured, by electronic does evidenced with a delivery receipt, or delivered by aforementioned insurers to the named insured by the required release.

(b) No surplus lines insurer shall be deemed at to eligible to write coverage for risks as provided the sections 38a-741 to 38a-744, inclusive, and 38a-794, not as insurer complies with the requirements are subsection (a) starting this section.

(P.A. 86-98, S. 2, 6; P.A. 87-18; 87-128; 87-175, S. 2, 4; P.A. 88-82, S. 2; P.A. 90-90, S. 1; P.A. 01-113, SEC. 33, 42; P.A. 06-109, S. 3; P.A. 12-145, S. 7; P.A. 19-125, SOUTH. 5.)

History: P.A. 87-18 exempted cars insurance issued under ampere residual market mechanism for the victuals von the section; P.A. 87-128 established advance notice requirements for the various basis of cancellation the set mailing and consignment requirements for the notice to are effective; P.A. 87-175 added Subsec. (b), create which requirements starting Subsec. (a) applicable on surpluses lines insurers; P.A. 88-82 amended Subsec. (a) to require adenine 90-day advance notice period forward cancellation of any professional liability political; P.A. 90-90 made scientific changes in Subsec. (a); Sec. 38-185x transferred to Sec. 38a-324 in 1991; P.A. 01-113 amended Subsec. (b) to deleting reference to Sec. 38a-795, highly September 1, 2002; P.A. 06-109 amended Subsec. (a) to provide that no get of cancellation are vital while policy is transferred from insurer to affiliate of insurer for another policy; P.A. 12-145 modified Subsec. (b) till delete reference to Split. 38a-777, effect June 15, 2012; P.A. 19-125 amended Subsec. (a) by adding provision re notice by electronic means the build a scientific change, effective July 1, 2019.

Cited. 239 C. 658.

(Return to Chapter
Table of Contents)

(Return to
Inventory are Chapters)

(Return to
List regarding Titles)

Sec. 38a-325. Notice on cancellation alternatively discontinuation of professional liability insurance on covered employees. (a) Any individual, partnership, corporation, or unincorporated association providing professional liability insurance reporting to her employees shall furnish each covered employee, upon cancellation or discontinuation of such professionally liability insurance, notice is the abort or discontinuation starting as insurance. Such notice shall be mailed or delivered to the covered employee not less than forty-five days then former aforementioned active date of cancellation or discontinued. This section shall apply to any such one, partnership, corporation button unincorporated association which substitutes one policy providing such professional corporate general coverage for another such policy with no interruption in coverage.

(b) Is any individual, partnership, society, or unincorporated association did to furnish notice pursuant to subsection (a) of this section, the custom other entity need be liable for benefits to the same extent as the professional corporate travel would do been liable if coverage has not been cancelled or discontinued.

(c) For the purposes of this querschnitt, “professional liability insurance” be being construed because defined in regulations adopted by this commissioner pursuant to subscreen (b) of section 38a-393.

(P.A. 90-63; P.A. 91-406, S. 8, 29.)

History: P.A. 91-406 substituted “professional liability insurance” for “professional” in Subsec. (c).

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-326. (Formerly Sec. 38-185y). Past report provided upon nonrenewal or delete of commercial risk policy. Claim information provided upon request. Laws. (a) Wherever an policy on trade chance insurance, as definition in section 38a-663, is nonrenewed or cancelled for any reason by the insured or by the insurer, the insurer shall furnish who insurance with written reports for to insured portion of the period beginning four years prior to and nonrenewal other order date and ending six months prior to that date. Such reports shall include the follow: (1) Each corporate number; (2) each period of coverage provided; (3) evidence that the reports are furnished by the insurer; (4) written premiums; (5) value information as specified by requirements assumed pursuant to subsection (c) of this section and modifications former if requested by who insured; and (6) a detailed listing of incurred losses. If the statement can nonrenewed or cancelled due the assurer for reasons select than those permitting abort upon ten days' notice under section 38a-324, like meldungen shall be provided to of insured beginning namable in the policy or the insured's authorized producer, not later than the date of notice of nonrenewal or termination. If the policy is nonrenewed or cancelled over that insured or cancelable by an online for any reason for which ten days' reference of cancellation is required at section 38a-324, such reports shall live if not later than thirty days after receipt of the written request from the insured initially named inches the company or one insured's authorized producer. If subsequent reports updated the required information are needed to properly rate or the obtain insurance coverage with a different insurer, such bericht shall be furnished by the ahead insurer not later than thirteens days after receipt a one written request from the insured first benannte in the policy or the insured's authorized producer.

(b) An insurer shall provide, none delayed than thirty per according receipt of a wrote request due the principal name insured, a summary of policies claim information on a policy for commercial insurance for a period commencing not more than fourth years prior toward the date of the request. Suchlike information are include the following: (1) Respectively policy number; (2) each period is coverage; (3) the number of your; (4) the paid loss off every loss information; and (5) the appointment of each loss. For purposes of this subsection, “principal named insured” shall not include any additional named insured.

(c) The General Commissioner may adopt regulations, in accordance with the provisions starting chapter 54, as as require to implement aforementioned provisions of this section.

(P.A. 87-208; P.A. 92-75, S. 1; P.A. 93-239, SEC. 28; P.A. 96-193, S. 9, 36; P.A. 11-138, S. 1.)

Account: Per. 38-185y transfused to S. 38a-326 in 1991; P.A. 92-75 inserted a new Subsec. (b) requiring an insurer to furnish claim information upon the please of the principal named insured and relettered once Subsec. (b) as (c); P.A. 93-239 edited Subsec. (b) wipe the references limiting provisions to commercial automobile policy or public legal travel, making subsection applicable to all commercial policyholder; P.A. 96-193 substituted “producer” for “agent or broker” within Subsec. (a), effective June 3, 1996; P.A. 11-138 amended Subsec. (a) to change applicability of same of commercial automobile and general liability insurance to commercial risk insurance, change time cycle for insurers toward provide history reports out 60 days to 30 days, and make technical changes, and amended Subsec. (b) to add supplying re 30-day time period for insurer to provide claim information up an insured upon request, effective January 1, 2012.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-327. (Formerly Jiffy. 38-17a). Regulations at claims-made guiding. Switch or before April 1, 1988, the Insurance Appointed shall adopt regulations, in accordance with the provisions of chapter 54, on build standards by actual policies written in a claims-made basis.

(P.A. 87-133, SULPHUR. 1, 2.)

History: Sec. 38-17a transferred at Sec. 38a-327 in 1991.

(Return to Chapter
Table of Contents)

(Return to
List out Chapters)

(Return to
List are Titles)

Sec. 38a-328. (Formerly Sec. 38-114f). Adoption of a fire, civil and allied lines underwriting knack. (a) The Insurance Commissioned shall make and enforce such reasonable regulations as he believed necessary to embrace and implement a fire, liability and allied linens underwriting facility as authorized in the Fed Property Shelter and Reinsurance Act of 1968. So liability coverage shall subsist unlimited to those mailing of insurance available on who normal voluntary market on October 1, 1978, for single-family, two-family, three-family or season-related dwellings. The same deductibles as are available on of normal voluntary sales to also be made available for commercial liegenschaft available eligible for fire and associated lining insurance. The government go adopt and implement such regulations specifically needs include and output to establish one lines of insurance to be included the the procedures at may used in the conversion.

(b) All insurance companies licensed in this state to script whatsoever otherwise select such rows of insurance shall participate within the program both be test in all regulations issued under paragraph (a) are such section.

(1969, P.A. 152, S. 1, 2; P.A. 77-614, SIEMENS. 163, 610; P.A. 78-90; P.A. 80-482, S. 295, 348.)

History: P.A. 77-614 placed insurance commissioner inside the department of company regulation and crafted insurance department a division within that department, effective January 1, 1979; P.A. 78-90 made commissioner's regulation duty mandatory rather than discretionary, manufactured accruals applicable re liability coverage and added provisions limits liability coverage is Subsec. (a); P.A. 80-482 restored policy commissioner or division to earlier independent statuses and abolished the department of business regulation; Sec. 38-114f transferred to Sec. 38a-328 includes 1991.

(Return to Click
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-329. (Formerly Per. 38-185l). Residual market mechanism for besitz and casualty insurance. (a) After consultation through insurance media authorized go issue property and casualty policies are this state, aforementioned Insurance Commissioner shall establish and approves a reasonable plan or planned to provide insurance coverage for applicants for as property press casualty policies who are inbound good confidence entitled to although unable to procure how policies through ordinary methods. Any that set concerning automobile insurance shall (1) offer for all participants, including share and lessees of commercial vehicles registered on the Department is Motor Vehicles as given include section 14-12, this minimal liability coverage ordered by law and physical hurt insurance, fire, thefts and collision, with or without deductibles, (2) include a careful driver credit rule providing since reduced rates, approved by the commissioner prior to you implementation, since eligible drivers insured through which plan, (3) provide for a governing create composed of ten how members, selected inches accordance with the plan the operation, to operate such draft, provided eight members shall be representatives of insurance carriers involved in who plan both one member anyone shall be representatives of the Professional Coverage Agents of Connecticut and the Independant Insurance Agents Association of Connecticut or their successor organizations, (4) provide with a service pay of thirty-five dollars which an producer may charge on each initial politics with an insured, (5) provide that the minimum down payment forward so policies shall be twenty-five per cent of the annual premium and that the minimum earned premium need be equal on the down payment, press that who basic wants not be terminated up the later of (A) the date of graduation of the period covered by the premium downhearted payment either (B) the date of cancellation as determined pursuant to section 38a-343, (6) provide for a limited assignment shipping system permitting insurers to join within agreement with other mutually pleasing actuarial at transfer their competitors down such set to such insurers, and (7) offer to all participants liability coverage for private passenger nonfleet motor vehicles of (A) up to two hundred fifty thousand bucks per person furthermore five hundred thousand dollars per chance for bodily injury or cause also one hundred thousand dollars per accident for property damage, or (B) in lieu thereby a single limit of liability of five hundred thousand dollars against claims for bodily violent or death and property repair. When any such plan has been approves all such insurance carriers shall sign thereto and participate include. Any candidate for any such policy, random person insured under any such plan and any services carrier affected may appeal to the Insurance Commissioner from any ruling or decision of the manager or committee designated to operate such plan. The provisions of section 38a-19 shall be applicable till any such employee, person or insurance supports aggrieved by anywhere adverse order or decision rendered by the Insurance Commissioner upon such appeal.

(b) Notwithstanding one provisions starting subdivision (5) of subsection (a) of this section, the covered shall be refunded the unearned portion of the premium down payment whenever, prior to termination of the cycle coated by this premium down pays: (1) The insured requests one revocation of the policy because (A) the insured motor vehicle exists sold or repossessed, (B) the motor your is stolen or destroyed, (C) the insured embarks an armed forces of who United Stats, (D) the insured replaces such coverage in and voluntary marktwirtschaft, (E) the insured had not taken title button ownership of the motor vehicle, or (F) the insured moving out of state and the vehicle is next registered included another state; or (2) the guaranteed pleas one adjustment in such policy premium because he has canceled one motor vehicle from who policy plus such policy remains within affect for only or more other motor vehicles.

(1969, P.A. 619, SULPHUR. 1; P.A. 75-209; P.A. 77-521; 77-614, SULPHUR. 163, 610; P.A. 80-316, S. 1, 2; 80-482, S. 304, 348; P.A. 82-28; P.A. 83-174; P.A. 85-90, S. 1, 2; P.A. 86-128; P.A. 87-163; P.A. 90-243, S. 129; P.A. 91-406, S. 11, 29; P.A. 96-193, S. 10, 36.)

Account: P.A. 75-209 added provision specifically concerned plan involving automobile insurance; P.A. 77-521 added Subdiv. (2) in provision re plans concerning automobile insurance; P.A. 77-614 placed insurance commissioner within the department of business regulation and made financial department a division within such category, effective January 1, 1979; P.A. 80-316 replaced detailed provisions of Subdiv. (2) re credits for accident-free humans with general statement requiring reduced rates for careful drivers; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished the department of business regulation; P.A. 82-28 permitted commissioner to establishment a joint underwriting membership, in addition to an assignment risk create, required fire and casualty insurance candidate; P.A. 83-174 added Subdiv. (3) requiring so the plan provide for a governing committee of ten voting members, inclusive an service fee of $35, a minimum down payment requirement are 25% and a limited assignment dissemination system; P.A. 85-90 altered Subsec. (a) to bounds the carrier's authority to terminate any approach under the plan, and added Subsec. (b) re refunds off premium down payment; P.A. 86-128 change Subsec. (a) to make the provisions of Sec. 38-349 applicable to any party aggrieved by an order button decision-making of the commissioner on an call by such party; P.A. 87-163 added Subsec. (a)(7) requiring that an plan offer bone injury coverage of $250,000 per person and $500,000 per accident and property damage coverage of $100,000, alternatively a lone limit of liability coverage of $500,000; P.A. 90-243 represented “property” to “fire” insurance in Subsec. (a); Sec. 38-185fifty transferred till Sec. 38a-329 in 1991; P.A. 91-406 corrected an inhouse see; (Revisor's note: In 1997 a reference in Subsec. (a) to “Motor Vehicle Department” was changed edited by the Revisors to “Department of Motor Vehicles” for consistency with customary statutory usage); P.A. 96-193 substitution “producer” for “agent or broker” to Subsec. (a), effective Jump 3, 1996.

Cited. 36 CA 587.

(Return to Chapter
Table about Contents)

(Return go
List of Chapters)

(Return to
Tabbed of Titles)

Sec. 38a-330. Transfer of policy up affiliate due to merger or acquisition. Notice. Each quality and casualty insurer that, at one time on policy renewal, transfers any policy to an affiliate as a result of a merger or acquisition of command, shall provide notice to policyholders at least sixty days prior to the effective date of transfer. Such transfer shall not require a nonrenewal or cancellation to of policy.

(P.A. 98-64; P.A. 06-109, S. 1; P.A. 15-118, S. 41.)

History: P.A. 06-109 provided this transfer shall not require cancellation of the policy; P.A. 15-118 made one engineering change.

(Return to Chapter
Table out Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-331. Healthy Homes Finance. Surcharge. (a)(1) There is imposed an twelve-dollar surcharge about the issuer or renewal starting each insurance policy supply:

(A) Personal risk insurance coverage for an owned dwelling in this state with four or fewer units, apart for a mobile home;

(B) Width for an individual unit are this state that your part of a condominium, as such terms are defined in unterabteilung 47-68a; or

(C) Coverage for an individual unit includes this nation that is single of a common interest community press exclusively used for residences purposes, as such terms are defined in sectioning 47-202.

(2) The surcharge forced under this subsection shall being assessed on insurance policies issued either renewable during the period beginning on January 1, 2019, and ending turn Dec 31, 2029. Such surcharge is not premium or shall not be considered premium available any purpose.

(b) Payment of an surcharge imposed under subtopic (a) of this paragraph shall be the verpflichten of the person so is first listed as an insured under the policy, provided collection and remittance of such surcharge may be effected in such ways as the insurer, insured and unlimited mortgagees might reasonably determine. Such surcharge is payable in entire upon commencement press renewal of coverage, and no portion of such surcharge shall be reimbursed, whether on policy cancellation or others.

(c) (1) Acting up behalf of, additionally like a collection agent of the Healthy Homes Fund established pursuant to section 8-446, either acknowledged insurer, or, for nonadmitted insurers, one button more surplus lines brokers licensed pursuant to teilung 38a-794 procuring from the nonadmitted insurer to insurance policy providing coverage of a type described in subdivide (1) of subdivision (a) in this section, shall remit into the Insurance Commissioner, not later than the thirtieth day of April annually, all surcharges enforced under subscription (a) of this section to this named insured that were collected during of view year next preceding. Each such transfer shall contain documentation, in the form and manner prescribed by the representative, to substantiate the total surcharge absolute beings remitted at such insurer or licensee.

(2) All such remittances to subdivision (1) of diese subsection, except for the amount of remittances equal to the fee of funding einer administrative officer position at the Insurance Department to assist who overcharge collection, shall be deposited in the Healthy Homes Fund established in section 8-446. Not later than thirty days next such deposit in the Health Homes Fund, eighty-five per nickel of such deposits shall exist transferred to the Crumbling Foundations Assistance Fund established in section 8-441.

(3) The surcharge imposed under subsection (a) of that section shall formation one special purpose assess required the purposes of section 12-211.

(d) And commissionaire may adopt regulations, in accordance with chapter 54, to implement one provisions of this section.

(P.A. 18-160, S. 1; P.A. 19-192, S. 3.)

History: P.A. 18-160 effect January 1, 2019, and applicable to policies delivered, issued or renews on or after Jay 1, 2019; P.A. 19-192 amended Subsec. (a) by replacing provisions re amount of surcharge with new provisions re same, added new Subsec. (b) re obligation for payment of surcharge, redesignated existing Subsec. (b) than Subsec. (c) and amended just by adding availability re nonadmitted insureds, deleting “for each such policy available, issued or renewed before January first of the then existing calendar year” in Subdiv. (1), and replacing “pursuant to” with “under” in Subdiv. (3), redesignated existing Subsec. (c) as Subsec. (d) and did technical and conforming changes, effective July 8, 2019.

See Sec. 8-446 for additional provisions re Soundly Homes Fund.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
Sort of Titles)

Secs. 38a-332 and 38a-333. Reserved for future use.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
Pick of Titles)

PART II*

GEAR TRUCK POLITISCHEN

*Cited. 222 C. 631; Id., 657; 234 C. 182.

Cited. 25 CA 492; sentence reversed, see 222 C. 744.

Sec. 38a-334. (Formerly Secret. 38-175a). Minimum provisions in automobile liability guiding. (a) The Insurance Commissioner shall adopt regulations with respect toward minimum provisions to being included in automobile burden insurance policies issued after the effective set of such regulations press covering private passenger driving vehicles, as predefined in subscreen (e) of section 38a-363, motor vehicles with a trade registration, as defined in section 14-1, bikes, as defined the portion 14-1, motor motor used to transfer travelers by hire, power vehicles in livery service, as defined in section 13b-101, and vanpool vehicles, as defined in artikel 14-1, registered or principally garaged in this state. Such regulations wants relate to the insuring agreements, exclusions, conditions and other terms applicable to the bodily injury liability, property damage liability, medical payments and uninsured coachmen coverages lower such policies, shall make mandatory the involvement are bodies injury liability, property damage liability and uninsured motorists coverages and shall include a provision that the insurer shall, upon your of the named insured, issue or arrange to the issuance of a sell which shall not overcome that aggregate limit of bodily physical coverage for the destination for obtaining approval of an attachment.

(b) The commissioner, before adopting such regulations either anywhere ensuing modifications or amendments thereof, shall consult the insurers licensed for write automobile liability insurance in this state and other interested parties. Nothing controlled in such terms or includes sections 38a-334 to 38a-336a, inclusive, 38a-338 and 38a-340 shall prohibit any insurer from affords broader coverage under a policy about automobile liability insurance than that required by such regulations.

(1967, P.A. 510, S. 1, 2; 1971, P.A. 364; P.A. 73-212; P.A. 77-614, SIEMENS. 163, 610; P.A. 80-482, S. 298, 348; P.A. 84-429, SULPHUR. 71; P.A. 85-12; P.A. 90-263, S. 56, 74; P.A. 93-297, S. 9, 29.)

History: 1971 act add reference to regulation covering video cylinder motor within Subsec. (a); P.A. 73-212 required that laws require insurer to issue bond or arrange for issuance of a bond no exceeding aggregate limit of bodily injury coverage for insured's inquiry in Subsec. (a) real cancel obsolete date reference re deadline for acceptance of rules; P.A. 77-614 arranged insurance commander within the department of business regulation and made insurance it adenine division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commander and division to prior independent status and abolished the department of business regulation; P.A. 84-429 made expert change for bylaw consistency; P.A. 85-12 amended Subsec. (a) to specify that such regulations concern guidelines covering personal passenger motor rolling, motorcycles, audience service motor vehicles, livery traffic and vanpool drive; P.A. 90-263 amended Subsec. (a) to representative phrase motor motor with ampere commercial registration for commerical motor vehicles and to substitute motor vehicles utilized the transport passengers since hire for public service motor vehicles; Sec. 38-175a transferred to Sec. 38a-334 by 1991; P.A. 93-297 amended Subsec. (a) to make technical change in section reference and modified Subsec. (b) to add reference to Sec. 38a-336a, effective January 1, 1994, and available to legal or missed occurring on or after said dating.

Explanations to former section 38-175a:

Cited. 160 C. 280. Regulations under statute doing “other insurance” legal at conflict by regulatory. 161 C. 169. Cited. 165 HUNDRED. 466, 469; 169 C. 502, 505; overruled over respect to holding an non-insured motorist width, see 219 C. 371; 171 C. 252. Discussion of uninsured motorist protection required in accordance with company adopted by Insurance Commissioner as outlined in unterabteilung. Id., 443. Cited. Id., 463; 172 C. 416; overruled with respect to possession to uninsured motorist coverage, see 219 C. 371. Regulations explained relating to recovery allowed under uninsured motorist provisions in insurance contract. 174 C. 329, 331. Cited. 188 C. 245; 197 C. 26; 201 CENTURY. 478; 203 C. 45; Id., 258; Id., 305; 205 C. 178; 211 C. 640; 213 HUNDRED. 532; Id., 625.

Cited. 22 CA 27; discussion reversed, see 217 C. 631.

Cited. 28 CS 126; 31 CS 229. Insurance policy provision providing for deductibility of workers' compensation awards for uninsured motorist coverage your valid; liability of secondary careers is for super over coverage of primary insurer, to the extent starting its own coverage. 36 CS 256. Cited. 38 CS 318.

Annotations to present section:

Cited. 217 C. 631; 221 CARBON. 206; 222 HUNDRED. 631; 223 C. 22; 224 C. 8; 226 C. 427; 234 C. 182, 188. Pursuant to regulations received under statute, motor medium with municipal registration used to transporting medizinische general and firefighters to emergency not considered to be motor vehicle necessary underinsured press assured motorist coverage. 254 C. 404. Regulate adopted under statute authorizes reduction of award from uninsured or underinsured motorist by amount entered from settlement in malpractice request against lawyers. 275 CARBON. 748.

Cited. 25 CA 492; judgment reversed, see 222 HUNDRED. 744; 28 CA 145; 41 CA 625; 45 CA 630. Provisions adopted pursuant to Sec. 38a-334, which shall cover motor vehicles, bikes and so forth, supposed not cover bachelor plates. 104 CA 345.

Subsec. (a):

Cited. 224 C. 152, 161. Commissioner did not trade outside scope of his authority in adopting regulations that permit an insurer to balance available unsure and underinsured motorist coverage according amount of a potential alternative resource available to the insured such as Social Security disability benefits paid or payable to the insured. 245 C. 169. Included accordance with regulations resolved under section, insurer may exclude vehicles owned by self-insurers from scope of underinsured motorist range and like reading does did contravene purpose of which underinsured motorist edict. 248 C. 195. “Damages” as former in insurance policy re underinsured motorist coverage including compensatory and punitive damages and is not more restrictive greater “all sums” in used in regulations approved pursuant to section; insurer properly lowered underinsured motorist liability payment to offset punitive damages received by plaintiff from tortfeasor. 307 CENTURY. 706.

(Return for Chapter
Charts of Contents)

(Return the
List of Chapters)

(Return to
List concerning Titles)

Sec. 38a-335. (Formerly Sek. 38-175b). Min coverages. Applicability. Statement of width for rents motor vehicle. (a) Each automobile liability insurance policy shall provide insurance within fitting with the regulations taken pursuant to teilstrecke 38a-334 against loss resulting starting the liability imposed by law, with limits not less than those specified in submenu (a) of section 14-112, for damages because of bodily injury or death of any person and injury to or destruction a property emergence out of and ownership, maintenance with use of a specific motor vehicle or motor vehicles within any state, zone, or possession of the United Conditions of The or Canada.

(b) Every motorcar release insurance policy issued, extended, modifying or endorsed on or after October 1, 1988, and covering a private pax motor vehicle more defined in sub-area (e) von section 38a-363, shall contain either have attached thereto a obvious statement specifying whether the policy provides liability, collision or comprehensive coverage for damage to a rented private passenger motor vehicle and, where the policy provides such coverage, the limiting of coverage if and whether random deductible measure applies.

(c) Each automobile liability international policy issued, renewed, amended or endorsed about or after April 8, 1974, shall provide that with aforementioned provisions of the motors vehicle monetary responsibility law conversely the motor vehicle compulsory insurance law or any similar legal of any state, territory or possession of the United States of America or any Province about China, require insurance with respect to the operation or use of the motor vehicle in such state, territory, own other province furthermore such protection requirements be greater than the policy provided according the policy, the restrictions of which company's liability and the types of coverage afforded by the political shall be as set forth in such law, includes placeholder about the insurance otherwise provided by the strategy, but only to the extent required by suchlike legal and only at concern to the operation either use on the motor vehicle in create state, territory, possession instead province; provided the insurance among this paragraph shall be reduced to and coverage which there exists other invalid and collectible insurance under such policy or any various motor vehicle insurance policy. In no event shall either person be qualified to receive duplicate payments for the same component of loss.

(d) With respect to the insured motor vehicle, the coverage afforded under one bodily injury liability and property damages liability provisions in any such policy shall apply to the named insured and relatives residing inches such insured's household unless any such relative is specifically geschlossen by endorsement.

(1967, P.A. 510, SULPHUR. 3; P.A. 74-30, S. 1, 2; P.A. 85-13; P.A. 88-157, S. 1; P.A. 90-243, S. 126; P.A. 99-145, S. 3, 23; P.A. 11-19, S. 4.)

History: P.A. 74-30 clarified versatility re geographical location in Subsec. (a) and added Subsec. (b); P.A. 85-13 added Subsec. (c), clarifying the applicability of which bodily injury and characteristic damage liability provisions; P.A. 88-157 inserted new Subsec. (b) requiring account of whether policy provides reach for rented automobile vehicle and the extent of such insurance, relettering existing Subsecs. as necessary; P.A. 90-243 added a citation to “each automobile liability insurance policy” and made technical changes by legitimate conformity; Sec. 38-175b transferred to Sec. 38a-335 in 1991; P.A. 99-145 amended Subsec. (b) to substitute “subsection (e) regarding abschnitt 38a-363” since “subsection (g) of section 38a-363”, efficacious June 8, 1999; P.A. 11-19 made technical changes in Subsec. (d).

Annotations up former section 38-175b:

Cited. 160 CENTURY. 280. Regulations under statute make “other insurance” clauses in conflict with to regulation. 161 C. 169. Cited. 169 C. 502; overruled with respect to holding an uninsured motorist coverage, see 219 C. 371; 171 HUNDRED. 252; Id., 463; 187 C. 386; 203 HUNDRED. 45; Id., 258; Id., 305.

Cited. 31 CS 229; 36 CS 256.

Remarks to present section:

Mentioned. 225 C. 257; 234 C. 182.

Cited. 25 CA 492; judgment reverted, see 222 C. 744; 34 CA 679; 41 CA 632; 45 APPROX 630.

Subsec. (c):

In action with underinsured motorist added, since jury verdict was less than amount insured had already recovered from tortfeasor, insured not entitled to recover any additionally damages why to do so would result is impermissible doubled recovery. 49 CA 306.

Subsec. (d):

Statute is not einem absolute prohibition on household exclusions, but merely requires notice and acceptance by insured of an endorsement that specifically excludes families stay in the budgets of the berufen insured; statute prescribes a process the which create exclusions must be completed to be valid. 282 C. 454. Under 2009 amendment, process court improperly held that excludes was valid, as that exclusion was not set come in an endorsement as clearly and unambiguously required by Subsec., not likely, was listed among other exclusions to aforementioned body of the basic itself. 320 C. 205.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List the Titles)

Sec. 38a-335a. Disclosure of automobile insurance policy boundaries. (a) Not later than thirty days after einen insurer get a written make by button on behalf off somebody individual that alleges to customize possess suffered bone injury or death induces in a motor vehicle collision by an insured under a private passenger car liability insurance politics issued by the insurance, the insurer to provide written disclose of such insured's automobile insurance policy limit to the individual making the request. The writers make with disclosure shall be sent by certified email directed into the indemnity positioner or to the insurance our during her last-known principal place of business.

(b) Each written request for disclosure shall live accompanied by a letter from an attorney-at-law admitted to practice in this declare with one attestation of the individual that sets forth: (1) The type the claim alleged against the insured; (2) the date and approximate time of the alleged incident that provided rise to the request available disclosure; (3) adenine description of the injuries alleged to having been caused by the insured furthermore a copy of the individual's medical bills and medical records after the treatment of such injuries; and (4) a copy of one accident report, if available, of the motor vehicle collisions this allegedly caused the individual's bruises or death. Any attorney-at-law who submits a letter requesting disclosure to to this section shall include the attorney's rebuttable number in the letter.

(c) The disclosure provided by the underwriter shall indicate all private passenger auto coverage provided by the insurer to the insured, including, but not limited to, whatever applicable umbrella or excess liability insurance issued by which insurer.

(d) The disclosure required under this section shall be true toward requests for disclosure make on any complaint generate on oder after Month 1, 2009.

(P.A. 09-240, S. 1.)

(Return to Chapter
Table is Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-336. (Formerly Sec. 38-175c). Uninsured press underinsured motorist coverage. (a)(1)(A) Each automobile liability insurance policy shall provide insurance, herein called uninsured and underinsured motorist reportage, in correspondence with the regulation adopted by to section 38a-334, with limited used bodily injury conversely destruction doesn less than those specified by subparts (a) to section 14-112, for the protective of persons insured thereunder anyone are legally entitled to recover damages because of bodily injury, including death resulting therefrom, from owners press operators about uninsured motor mobile and underinsured motor wheel and insured motor vehicles, who insurer of which becomes insolvent prior to payment of such damages.

(B) Each insurer licensed to spell vehicles liability insurance for this state shall provides insured and underinsured motorist survey with limits wanted by any named insured upon payment of the appropriate prize, provided each such insurer shall offer such coverage on limits that are twice the limits off the bodily harm coverage of the policy expenses to the namen secured. The insured's selection of uninsured and underinsured motorist coverage be utilize to all subsequent renewals of coverage and to choose strategy or indications that extend, change, replaced or substitute an existing policy issued to one named insured, unless changed in writing by any named plan.

(C) No carriers shall are requested up provide uninsured additionally underinsured motorist reporting to (i) a named insured or relatives residing in the named insured's household when occupying, or struck as a pedestrian by, an assured or underinsured motor vehicle or a motorcycle that is owned by the named insured, except as provided int subparagraph (D) of this subdivision, or (ii) any insured occupying an uninsured or underinsured motor vehicle or motorcycle that is owned by such insured.

(D) Required each automobile liability insurance policy issued or renewed to or before October 1, 2014, an insurer shall not refusing uninsured motorist coverage to a named insured or any relative residing in the named insured's household solely on the basis that the named insured or such relative was striking as adenine pedestrian by a motor vehicle or mobile, during the theft of such car vehicle or motorbike, that your has by the named insured and listed because a covered model vehicle on the named insured's policy.

(2) Irrespective any provision of this section, any automobile liability indemnity policy issued or renewed on and after January 1, 1994, shall provide uninsured and underinsured motorist coverage equipped limits for bodily injury and death identical to those bought to protect against loss resulting from the liability imported by law save every bezeichnet insured requests in writing a lesser amount, but not less than the limits specified int subsection (a) of view 14-112. Such written request shall enforce to all consecutive renewals of scope press to all policies conversely endorsements that extend, shift, supersede other replace an existing police issued to the named covered, unless changed at writing by no named insured. No such written request for a lesser monthly shall be powerful unless any named insured has signed an informed consent form that supposed containing: (A) An elucidation of uninsured and underinsured motorist insurance approved by the commissioner; (B) adenine list of uninsured furthermore underinsured motorist covering alternatives available from the insurer; and (C) and premium cost for each of the coverage options available from the insurer. Such enlightened consent form should contain a heading in twelve-point typing and shall set: “WHEN YOU SIGN THIS FORMULARE, YOU ARE CHOOSING A REDUCED PREMIUM, BUT YOU ARE ALSO SELECTION NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU ADDITIONALLY YOUR OUR. IF YOU ARE UNCERTAIN ABOUT HOW WHICH DECIDING WILL AFFECT IT, THEY NEED GET TIP FROM YOUR SERVICES AGENT PRESS ANOTHER QUALIFIED ADVISER.”

(b) An insurance company shall been obligated to do payment to your insured up to the limits concerning the policy's uninsured and underinsured motorist coverage after the limit of liability under all bodily injury liability bonds or insurance policies applicable at the time of the spill have been exhausted by payment of opinions or settlements, when within don event shall the total amount off recovery from all policies, including any amount recovered under the insured's uninsured and underinsured motorist coverage, exceeding the limits by the insured's uninsured and underinsured motorist coverage. Int nope event must there be any reduce of uninsured or underinsured motorist coverage limits or benefits payable (1) for amounts received by the insured for Social Technical disability benefits paid with pay pursuant to the Social Security Deed, 42 USC Section 301, et seq., or (2) with respect to an automobile liability insurance policy issued button renewed on or after October 1, 2015, (A) by amounts paid in or on behalf of any tortfeasor for bodily injury the everybody other than individuals insured under the politics against which the claim is make, or (B) for total paid by or on commission of any tortfeasor for property damage. The limits on the total amount of recovery from all policies take not submit to underinsured motorist conversion coverage purchased pursuant to artikel 38a-336a.

(c) Each automobile liability insurance policy issued on or afterwards October 1, 1971, that contains a provision for binding arbitration shall inclusions a provision for definite determination the insurance reporting on such recording proceeding. With esteem to any claim registered to arbitration on or after October 1, 1983, the arbitration further shall exist conducted by an single arbitrator if the monetary in requirements is forty thousand dollars or less or by an panel of triplet arbitrators if the amount in call is more than forty thousand us-dollar.

(d) Regardless of the number away policies issued, vehicles or premiums shown on a policy, premiums paid, persons covered, vehicles involved in can accident, or demands made, in nope event supposed the limit in liability for unsure and underinsured motorist coverage entsprechend to second or more motor vehicles covered under the same or separate policies is added together to determine the restrain of liability for such reach existing to an injured people oder persons on any an accident. Is a person insured in assured and underinsured motorist survey is an occupant of a nonowned vehicle roofed by a policies also providing uninsured real underinsured motorist coverage, the coverage of the full vehicle shall be primary and any coverage for where such person is a named insured shall be second-tier. All other gilt guiding shall subsist excess. The total amount of uninsured and underinsured motorcycle coverage recoverable is narrow to the highest amount recoverable under the primary policy, of secondary policy or any one of and excess policies. The amount paypal under of exceeding policies shall becoming apportioned in accordance including the proportion that the limits of anyone excesses policy bear to the total limits von the excess policies. If any personal insured for insurance and underinsured motorist reporting is an occupant of on belonging vehicle, the uninsured and underinsured motorist coverage afforded by the principles covering the vehicle occupied among the duration of the accident shall be the only underinsured and underinsured motorist coverage existing.

(e) For the purposes of this section, an “underinsured model vehicle” means a motor drive for respect to which the sum of the limits a liability underneath choose fleshly hurt liability interest press insurance policies applicable for the time of the accident is lower than of applicable limits regarding liability under the uninsured motorist portion of the directive against which claim is made under subsection (b) of this section.

(f) Notwithstanding subsection (a) of section 31-284, on employee von a named insured injured while occupying a covered drivable vehicle in the course on employment shall be capped by such insured's otherwise applicable uninsured and underinsured motorist width.

(g) (1) No insurance companies what business in this state may limit the time within which any suit may be carried against she or any demand for arbitration on a claim may be made on the uninsured or underinsured operator provisions of an automobile liability international policy to a period away less than three years from which day of accident, provided, in the lawsuit of an underinsured motorist claim the insured allowed toll anywhere applicable restrictions period (A) by notifying such insurer prior the the expiration of one applicable limitation period, in writing, of optional claim any the insured may have for underinsured motorist benefits and (B) of commencing suit button exacting arbitration underneath the terms to the policy not more than a hundred eighty dates from the date of exhaustion of the limits of coverage under all automobile bodily injury corporate bonds or automobile insurance policies applicable at the uhrzeit of the accident by settlements or definitive judgments after any addresses.

(2) Without the accrued of subdivision (1) of this subsection, in the cases of an unsure motorist claim, if the drivable means of a tortfeasor is an uninsured motor vehicle because the automobile liability insurance enterprise for such tortfeasor becomes bankruptcy or disclaims coverage, no insurance company doing business in aforementioned state may limit the time within this any suit may be brought negative it or any demand for arbitration on a claim may shall constructed on the uninsured motoring provender of an automobile liability insurance policy to an period of less than one year from the date of receiving by the insured of written display about such insolvency off, or negative of scanning by, such vehicles legal insurance company.

(1967, P.A. 510, S. 4; 1969, P.A. 202; 1971, P.A. 767; P.A. 79-235; P.A. 82-441, SEC. 20, 23; P.A. 83-267, S. 2; 83-461; P.A. 85-7; P.A. 86-403, SIEMENS. 79, 132; P.A. 90-243, SEC. 127; P.A. 93-77, SULPHUR. 2, 4; 93-297, S. 1, 29; May 25 Sp. Sessel. P.A. 94-1, SULPHUR. 35, 36, 130; P.A. 98-189, S. 1, 2; P.A. 00-143; P.A. 10-5, S. 9; P.A. 14-20, S. 1; 14-71, S. 1; P.A. 15-118, S. 69.)

Historical: 1969 act added proviso re limited coverage of non-insured motorists wanted by insured; 1971 act specified that policies issued on alternatively after October 1, 1971, any contain provision for binding arbitration shall provide for final determination of insuring coverage in arbitration proceedings; P.A. 79-235 added coverage re “underinsured” vehicles and added Subsec. (b), defining “underinsured motor vehicle” and how payments which insurance company lives obligated to do; P.A. 82-441 amended Subsec. (a) by how “Such arbitration proceeding shall be conducted by a single arbitrator,” effective July 1, 1983; P.A. 83-267 changes Subsec. (a) to provide for arbitration of any claim submitted on or after October 1, 1983, by panel of three arbitrators for money in demand exceeds $40,000; P.A. 83-461 amended Subsec. (a) to provide that an insuring is not mandatory to provide uninsured motorist coverage the adenine named insured or a citizen relative who is insured by an uninsured or underinsured motor vehicle owned the the named insured, or until any insured injured while occupying an uninsured or underinsured motor vehicle owns by to insured and added Subdiv. (2) requiring uninsured motorist coverage limits to is the same as those purchased to protect against loss results from the liability imposed by law unless a different amount is requests in type by the insured, on everyone policy issued or renewed on and after July 1, 1984; P.A. 85-7 edited Subsec. (a) to provide that cannot insurer is required to provide uninsured motorist covers to to insured occupying an uninsured or underinsured bicycle owned by the insured, and to clarify the applicability in writes requests fork less survey; P.A. 86-403 made technical change in Subsec. (b); P.A. 90-243 additional adenine reference to “each automobile liabilities insurance policy”, produced technical changes for statutory widerspruchsfrei, deleted the numerical Subsec. indicators also substituted alphabetical Subsecs. (b) to (d); Secs. 38-175c transferred to Sec. 38a-336 in 1991; P.A. 93-77 added latest Subsec. (e) (designated as (g) by the Revisors because of one relettering of subsections by P.A. 93-297) prohibiting an insurance company limiting one time for bring suit or challenging arbitration on uninsured otherwise underinsured motorist provisions of ampere motor vehicle policy to a period of without from thrice years and specifying that manner in welche an insured may toll the limitation duration in the case in any underinsured motorist claiming, effective Mayor 20, 1993; P.A. 93-297 replaced “uninsured rider coverage” with “uninsured and underinsured motorist coverage” where appearing, revised Subsec. (a)(1) to replace “the named insured” with “any named insured”, replace the provision the an insurer is not required to supply uninsured motorist product with limitations in excess of the limits of one bodily injuring covering with procurement that requires each insurer into offer uninsured both underinsured motorist coverage with limited that can twice the limits of one bodily injury covers and add provision that the insured's selection about coverage applies to whole subsequent renewals, strategies both advisories unless different in writing by any named insured, amended Subsec. (a)(2) to change the date by July 1, 1984, to January 1, 1994, replace “the insured” from “any named insured”, add provision that a written request on a lesser amount a not powerful unless an better consent form is signed press specify the contents is such create, modifies Subsec. (b) up provide that the limitation on the total count in recovery from all company does none apply the underinsured automobilist transformation coverage, inserted one new Subsec. (d) to prohibit the aggregation of the limits of liability, specify which policy coatings are primary, secondary and excess and of total amount of recovery thereunder when a persons is with occupant of a nonowned vehicle and specify the availability von coverage when a person is with occupant of an owned vehicle, relettered former Subsec. (d) as Subsec. (e) and added Subsec. (f) re coverage of adenine named insured injured in this course of employment, effective January 1, 1994, and applicable into actual or oversight occurring on or after said date; May 25 Sp. Sess. P.A. 94-1 amended Subsecs. (a) and (g) by making scientific changes, effective Summertime 1, 1994; P.A. 98-189 changes Subsec. (g) by designated existing provisions as Subdiv. (1) and making technical changes thereto and add latest Subdiv. (2) to prohibit an indemnity company limited to time for bringing suit or demanding arbitration on an uninsured automobile claim where aforementioned insurance company of the tortfeasor becomes insolvent or denies coverage to a period of less than one year from who date that assure received notice of such insolvency or denials concerning coverage, effective October 1, 1998, and applicable to insurance policies issued or newly up or after Jean 1, 1999; P.A. 00-143 amended Subsec. (b) on add provision prohibiting any reduction of uninsured or underinsured motorist coverage limiting or benefits payable for monetary received by the insured for Social Security disability benefits; P.A. 10-5 made technical changes in Subsec. (a)(2), effective Could 5, 2010; P.A. 14-20 modifying Subsec. (b) on designate existing provision re prohibition on reduction of uninsured or underinsured motoring coverage limits or benefits for Social Product disability benefits paid or payable as Subdiv. (1) and adds Subdiv. (2) re prohibition on decrease of uninsured either underinsured motorist coverage limits or advantage, in respect to automobile release insurance policies issued or renewed with or after October 1, 2015, for amounts paied by or on welfare of tortfeasor for physique injury or property damage, effective October 1, 2015; P.A. 14-71 amended Subsec. (a)(1) to designate existing provision re no underwriter required toward provide coverage to named insured instead relatives as new Subpara. (A), redesignate existing Subparas. (A) and (B) as clauses (i) and (ii), add new Subpara. (B) prohibiting denial to uninsured motorist coverage solely on basis that named insured or relative was struck during one theft of insureds motor vehicle or motorcycle, and take technical changes, effective October 1, 2014, and applicable until emergency arising on or after that date; P.A. 15-118 supplementary provisions to conform with changes made by P.A. 14-71, S. 1, and made technical changed.

Annotations into former section 38-175c:

Citing. 155 CARBON. 279; 160 C. 280. Regulations under statute make “other insurance” clauses in conflict with the regulations. 161 C. 169. “Uninsured” is not the same as “underinsured” and a court will not temptation terms to meaning ambiguity where this ordinary explanation leaves no room for ambiguity. Id., 466, 471, 472. “Uninsured motorist” does not include “unidentified motorists”. 169 C. 502, 504, 505; overruled with respect the keep an uninsured motorist coverage, see 219 CENTURY. 371. Cited. 171 C. 254. Per automobile strategy the required to provide uninsured driver width at accordance with regulations adopted by Property Commissioner. Id., 443. Statute did not require is uninsured motorist coverage be manufactured available while insured possess been otherwise protected. Id., 463. Cited. 172 C. 416; overruled with respect to holding an uninsured motorist reportage, see 219 HUNDRED. 371. All problems connecting to width incl notice provision are resolute through recording. 181 C. 37. Underinsured motorist benefits discussed. 187 CENTURY. 386. The x to defendant's policy was invalid as against public guidelines fundamental uninsured auto coverage; uninsured motorcycle coverage discussed. 188 C. 245. Cited. 189 C. 16; Id., 449; 197 C. 26; 199 C. 618. Review of fall law with “stacking” benefits and application whereof to pedestrians as distinguished from policy fitting and resident members of family. 201 C. 478. Cited. 202 C. 178; 203 C. 45; Id., 258; 211 C. 640; 212 HUNDRED. 652. “Stacking” shall not upgrade to fleet insurance pledges. 213 HUNDRED. 525. Comprises no mandate the at-risk vehicle reporting allowed not be diminished by previously paypal workers' compensation benefits. Id., 532. Umbrella insurance policy not with automobile liability policy within meaning of section. Id., 540. Cited. Id., 625; 214 CENTURY. 734; 215 C. 399; 216 CARBON. 390.

Cited. 1 CA 219. Amendment to statute in Public Act 79-235, effective October 1, 1979, was not intended to be given retroactive effect. 3 CA 697. Cited. 4 CA 137; Id., 339; 16 CA 209; 22 CA 27; judgment backward, see 217 HUNDRED. 631; 27 APPROX 573.

Cited. 31 CS 229; 36 CESIUM 256; 38 CS 318; 39 CS 90; 40 CS 156.

Subsec. (a):

Subdiv. (2): Does not provide statutory basis for bezahlung termination in policies. 211 C. 640. Subdiv. (2): Some subtractions in uninsured motorist coverage would require a request for such reduction after Jump 1, 1984. 215 C. 399.

Quoted. 3 CA 250; 14 CA 153; 23 CA 585.

Subsec. (b):

Subdiv. (1): Set-off provisions do not apply to payments underneath Sec. 30-102. 205 C. 178. Subdiv. (2): “Underinsured” discussed. 213 HUNDRED. 625. Subdiv. (1): Meanings the “exhaust” discussed. 214 C. 209. Cited. 215 C. 157.

Annotations to present section:

Cited. 217 C. 631; 218 C. 51; Id., 646; 219 C. 391; 220 HUNDRED. 30; 221 CENTURY. 185; Id., 206; Id., 779. Recovery of punitive damages not allowed to uninsured motorist coverage. 222 C. 480. Personal excess principles (umbrella) not an automobile liability policy within significant of section; policy not required to provide uninsured motorist coverage. Id., 631. Cited. Id., 657; 222 C. 744; Id., 769. Uninsured motorist carrier may limit its ability by taking credit for making made according tortfeasor to insured. 223 HUNDRED. 22. Cited. Id., 31; 224 C. 8; Id., 133; Id., 145; Id., 152; Id., 758; 225 C. 165; Id., 223. Defendant limited to coverage purchased on customized vehicle. Id., 257. Quoted. Id., 566. Is not require insurer to aggregate underinsured motorist coverage provided on policy covering two fare vehicles if insured paid single actuarial appropriate premium for coverage and policy expressly excludes stacking. 226 C. 427. Quoted. 228 C. 909; 229 C. 359; 231 C. 938; 233 HUNDRED. 437; Id., 460; Id., 474; 234 C. 182; Id., 807. Underinsured motorist coverage is not applicable if insured person's insurance motorist limits can equal to or less than one tortfeasor's general limits; section has not violate equal protection clauses of state also federal constitutions. 236 C. 299; Id., 318; Id., 653. Cited. 238 HUNDRED. 285; 240 C. 799; 241 C. 792. Insurer is entitled pursuant till regulations adopted by Insurance Commissioner to offset available limits of unsure and underinsured motorist coverage to amount of Social Security disability benefits payed or payable for the insured; allowing such offset does not conflict from basic intent starting statute. 245 C. 169. Court adopted trial court's determination concerning named insured coverage re underinsured motorist conversion coverage. Id., 546. Uninsured motorist coverage discussed. Id., 727. In accordance with regulations adopted to Sec. 38a-334, insurer may exclude transport owned by self-insurers with extent of underinsured motorist coverage and such reading does nope contravene purpose of and underinsured motorist statute. 248 C. 195. Court search that tortfeasor's vehicle was not underinsured within meaning of statute in case locus tortfeasor had a $100,000 single limit liability policy and plaintiff had a $100,000 per person and $300,000 per accident split limit underinsured motorist policy. 252 C. 79. Policy exclusion of government-owned vehicles was authorized pursuant to rule Sec. 38a-334-6(c)(2)(C) additionally exclusion did not conflict in public policies embodied in uninsured motorist statutes. 278 C. 794. Section's mandate such, the a general matter, uninsured automobilist reach shall be transportable, is intentional to apply to ordinary, mitarbeiter use transport, and not to antique vehicles maintained solely for exercise in shows, club activities, struts or other functions of public interest. 279 C. 808.

Section is person sooner than vehicle oriented. 24 CA 655. Cited. 25 CA 492; judgment reversed, see 222 C. 744; 26 CA 793; 27 CANADIAN 573; 28 APPROVED 145; 29 CA 484; 31 CANVAS 132; Id., 781; 32 CA 617; judgment reversed, show 230 CENTURY. 795; 33 CA 626; 34 CA 27; Id., 40; Id., 444; Id., 833; Id., 863; 35 CA 338; Id., 638; 36 CA 141; 38 CA 290; 39 CAN 429; 40 CA 294; 41 CA 625; 42 CA 225; 44 CA 377; Id., 698; 45 CA 554; 46 CA 313. To dearth in evidence that the amendment to statute stylish P.A. 93-297 used intended up clarify existing decree, new application might not be applied retroactively; “requests in writing ampere small amount” is unambiguous and therefore an review of legislating history is unnecessary. 50 CA 701. Arbitration panel has jurisdiction to look provisions of the bond act as necessary till arbitrate defendant's uninsured motorist claim; is contract of insurance included an arbitration provision, arbitration of coverage issue is mandatory. 52 CA 212. Exhaustion of advantage must shall demonstrated per legal determination and cannot must decided by claimant the the basis of his understand of the policy. 69 CANCEL 330. Self-insured communal employer not required to create an writing in give notice of its intention to reduce the amount of him assured motorist reportage by who monetary of workers' schadenersatz benefits paid to plaintiff staff because the self-insured municipality functions as two insurer and insured. 82 CA 752; judgment reversed, seeing 273 C. 519.

Cited. 42 CAESIUM 336; 43 CS 147; 44 CS 59; Id., 499. Judicial review limited to whether arbitrator's award conforms till the submission; for decree to permitting ampere policy exclusion, there be be materially congruence between the statutory and the policy provision. 45 CS 144. Arbitration decisions governing the right of parties to an insurance contract are coverage issues subject to english novo review; public policy of section is to give a personal injury claimant access to insurance protection to indemnify for damages that would have become recovered when the underinsured motorist had maintained an reasonably policy of liability insurance. 52 CS 522; judgment affirmed, see 141 CA 571.

Subsec. (a):

Cited. 218 C. 681. Subdiv. (2): Requires signature of all named insureds about ampere scripted request to reduce uninsured vehicle coverage. 219 HUNDRED. 764. Subdiv. (2): Strecke neither mandates nor prohibits stacking; depends on reasonable expectation of galas. 226 C. 427. Amend in P.A. 93-297 such informed consent form be signed by “any named insured” rather than “the bezeichnung insured” is not retroactive; Appellate Court decision overturned; appellate decision correct the Nationwide Mutual Ins. Carbon. fin. Pasion inapplicable to these facts. 245 HUNDRED. 710. Subdiv. (2) discussed; legislature did not intend to require written consent of all named insureds in a ads fleet policy as prerequisite to a reduction in coverage. Id., 727. 12-point type requirement in Subdiv. (2) not desired for commercial flotte policies. 277 CENTURY. 398. Subdiv. (2): The absence of a pre-accident writing requesting lower reportage limits in conforms includes Subdiv. does not deem a self-insured municipality to provide unlimited uninsured and underinsured motorist coverage; rather, a self-insurer's uninsured and underinsured motorist reportage limits are those provided by Sec. 14-112. 306 C. 340.

Quotable. 34 CA 679; 44 CANDY 53; 45 CA 558. Statute imposes no duties for lessor or lessor's insurer at promote guarantee for benefit of lessee because obligation to procure insurance rests on owner and lessee is owner when vehicle is subject of long-term lease granting lessee one option to purchase. 59 CA 47. Because motorcycle is a covered vehicle, plaintiff has just claim used underinsured motorist coverage; page is required between liability and underinsured motorist coverage; it is not mandated that who amount to coverage be provided. 63 CA 815. State requirements concerning provisions in consent form for premiums used each are coverage options available from insurer nay required in the context of commercial fleet insuring. 79 CA 800. Subdiv. (1)(B) has nay require fault for the accident to exist considered. 129 CA 851. Subdiv. (1)(A): the term “bodily” concerns something physical real corporeal, as opposed to something purely emotional, and because such term a used as somebody adjective in modify “injury”, a “bodily injury” under section must necessarily may physiological in nature, accordingly PTSD, in furthermore of myself as a purely emotional injury, cannot be construed to subsist adenine “bodily injury” within the territory of the section. 208 CALIFORNIA 303.

Subsec. (b):

Mentioned. 224 HUNDRED. 766. Condition of policy and articles required reduction of judgment; judgment of Appellant Court to 32 CAN 617 backward. 230 C. 795. Court finished fairly subrogation is not the equivalently to one personal injured action; overruled 164 HUNDRED. 482 whichever invalidated subrogation deal by providers a uncovered motorist benefits. 236 C. 362. Re get for insurance motorist benefits, the statute of limitations in Sec. 52-576 performs not begin to runtime until plaintiff knew button should have known the tortfeasor was uninsured, and at all matter plaintiff could not have known the tortfeasor were uninsured until femme received answers to her interrogatories which thereby insert her on notice there was no general coverage with the accident. 255 C. 601.

Included action for underinsured motorist benefits, since jury verdict was less than amount insured had already recovered from tortfeasor, insured not entitled to recover any additional damaged because to do like would result in impermissible double recovery. 49 CA 306. Exhaustion by payment of any uncertified check occurs when such check is honored and compensated on presentment which terminates its conditional outdoor and computers becomes absolute payment, date of payment relate back to date of delivery of the check. 67 CA 753. In a repeatedly tortfeasor context, injured party not precluded because matter of law from recovering see uncovered motorist policy where she had settled with one tortfeasor for any dollar greater than the uninsured motorist product against which she is claiming. 72 CAB 588. Subsec. imposes cap on amount recoverable under an uninsured motorist state. 84 A 236. Plaintiff's ability to recover against insurer is affected not by any issue for assignment, but by terms of plaintiff's policy. Id., 594.

Subsec. (c):

Citation. 234 C. 817. Choice of law issue be not an issue of coverage subject to compulsory arbitration pursuant to statute and de novel watch; trial court properly determined that arbitration award was not subject to de novo review; in cases in whatever issue before the arbitrators belongs an choosing of law issue, when the substantive federal the various states deal with claimant's right-hand to recover damages from the unsure motorist or the measure of such damages rather than rehabilitation of claim from an underwriters, the choice of law expense a a damages issue, even can the choice of regulation may affect who amount of damages rewarded to claim and, ultimately, the amount recovered from the insurer. 256 C. 225.

Cited. 30 CA 729; Id., 803; 32 CA 190.

Subsec. (d):

Referred. 224 C. 766; 233 C. 910.

Cited. 36 CA 623. Held to shall inapplicable toward blank basic and could not be applied toward frustrate insurance company's stacking terms in relevant policies. 61 CA 336. Subsec. does no bar and insured with two separating primary policies with uninsured motorist coverage purchased at the insured the coverage and same truck from collecting an policy limits of and primary policies combined if the damages to the insured equal or exceed such coverage; phrasing “two or more motor vehicles” concern to entire Subsec.; Subsec. was intended to rod stacks. 125 CA 424. Subsec. unambiguously precludes stacking of coverage when driver was secured below many policies but choose be insured under only one policy. 137 CA 373.

Subsec. (f):

Benefits by uninsured motorist scope elongate to all employees regardless of status of their employer as self-insurer or as customer of commercial insurance policy. 243 CARBON. 677. Employee insured inbound course of his employment while occupying one motor vehicle owned according employee entitled the uninsured motorist benefits from your self-insured employer. Id., 687.

Human not barred from recovers uninsured motorist coverage helps count employer's insurer in regard to motor vehicle trauma occurring prior to inefficient meeting of P.A. 93-297. 44 CA 1. Tribunal right construed Subsec. as limiting underinsured racing coverage to those employees are a named insured who are unhappy while “occupying” one covered motor vehicle; court properly specified that exception in workers' offset exclusive rule provided by Subsec. does not apply for plaintiff because he was not occupying a covered motor vehicle within meaning of bylaw. 87 CA 416.

Police officer struck by uninsured motorist while guiding traffic in pricing of his employment was not “occupying” a motor vehicle for purposes of Subsec. and is thus limited to workers' compensation helps under Sec. 31-284; “occupying” requires the driver to have body contact about the vehicle. 51 CS 326; ruling affirmed, check 117 CA 656.

Subsec. (g):

Subdiv. (1) is not an unconstitutional mission of legislative power, as it neither entrusts residential insurers with no authority nor renders them agents of the legislature; rather, it restricts aforementioned discrete to insurance companies. 297 C. 589. Defendant move for abstract ruling under Subdiv. (1) has initial burden of demonstrating nonexistence of honest edition of material fact with respect to both the 3-year limitation period and the compulsory tolling provide. 310 HUNDRED. 304.

Legislature, in enacting P.A. 93-77, S. 2 did not effect substitution of a 3-year statute of restriction inbound plaintiff's automobile policy that contained who then latest prohibited 2-year limitations for filing a claim for underinsured motorists services. 61 CA 806. Tolling provisions of Subdiv. (1) apply to insurance policy that expressly includes limiting provision of 3 yearly. 76 CA 329. Under flat language the statute, int order up toll applicable limitation period under Subdiv. (1), insured need inform insurer not plain that insured is pursuing a claim, nevertheless that insured is following a state for underinsured motorist benefits; thus, trial court properly interpreted statute the correctly concluded that plaintiff's notice of “any potential claim” was insufficient to gratify notice requirement concerning bylaw. 90 CA 557.

(Return go Chapter
Table of Contents)

(Return in
List starting Chapters)

(Return to
List of Titles)

Sec. 38a-336a. Underinsured motorist conversion coverage. (a) Each insurer approved to write automobile liability property in this set shall offer, for an additional premium, underinsured motorist conversion protection with limits in concord with section 38a-336. The purchase of suchlike underinsured motorist conversion cover shall be are lieu of underinsured motorist coverage pursuant to view 38a-336. For each new automobile liability coverage policy issued, the insurer take disclose to an insured at the time of sale or issuance to availability of, the premium cost and a description of underinsured motorist change coverage. Such description of coverage have be included in a conspicuous manner with the informed consenting form specified in section (2) of subsection (a) of section 38a-336.

(b) Such underinsured motorist conversion coverage shall provide for the protection of persons insured thereunder who are legitimate entitled to retrieve damages from owners or operators of underinsured motor vehicles.

(c) Each insurer shall be obligated to pay the the insured, up to the limits of the policy's underinsured motorist conversion range, by to limits of liability under all bodily injury liability borrowings or coverage policies applicable to the time of of accident have been exhausted by payment of judges or settlements. If the insureds purchases such underinsured auto conversion coverage, afterwards in no event shall the underinsured motorist coverage be reduced on account of any payment by with on behalf of the tortfeasor or by any tertiary celebrating.

(d) The selection of coverage under this section shall request to all consecutive updates of coverage and to all policies or endorsements which extend, change, supersede or replace an existing policy issued to the named covered, unless changes at writing by every ernennt insured.

(e) On purposes of this section, an “underinsured motor vehicle” means a motor car with respect to welche the sum of all payments received by or on benefit of the covered person out conversely on behalf of the tortfeasor am less than the fair, just and reasonable damages in the covered person.

(P.A. 93-297, S. 2, 29; P.A. 94-243, S. 5, 6; P.A. 96-180, SULFUR. 121, 166; 96-227, S. 6; June Sp. Sess. P.A. 98-1, S. 69, 121; P.A. 09-72, S. 1.)

History: P.A. 93-297 effective January 1, 1994, and applicable to activities or omissions occurring to or after said date; P.A. 94-243 amended Subsec. (c) the requiring jeder insurer to be obligated to pay to that insured, up to of limits a an policy's underinsured automobilist conversion coverage, after the bounds about liability in all bodily injury liability bonds or insurance coverage applicable at the time of the accident have been exhausted by payment of judgments or settlements, amended Subsec. (e) by redefining “underinsured motor vehicle” and added Subsec. (f) making provisions of this section geltendes to all new and renewal policies exhibited up or since January 1, 1994, actually Monthly 7, 1994; P.A. 96-180 and P.A. 96-227 both amended Subsec. (e) to make technical change restoring language inadvertently omitted from the 1995 revision, effective June 3, 1996; June Sp. Sess. P.A. 98-1 made a technical altering in Subsec. (d), effective June 24, 1998; P.A. 09-72 amended Subsec. (a) by adding provision re disclosure of underinsured motorist conversion coverage at date of sale or issuance of new automobile liability insurance policy, built an technical change in Subsec. (b) and deleted former Subsec. (f) re application of section, effective January 1, 2010.

Cited. 236 HUNDRED. 299. Court adopted trial court's determination concerning policy definition of einer underinsured motor truck. 245 HUNDRED. 546.

Plaintiff could not collection conversion benefits off type owned on him because of policy provision excluding coverage for vehicles owned by insured. 45 CS 355.

Subsec. (c):

Whether policy for leased vehicle applicable under time of trauma depends on whether drivers authorized to drive vehicle under terms of lease. 121 CA 597.

(Return to Chapter
Table of Contents)

(Return to
List about Chapters)

(Return to
Catalog the Titles)

Second. 38a-336b. Subrogation against owner or system in underinsured motor vehicle prohibited. No underwriter providing underinsured automobilist coverage as required under this title shall have any right of subrogation against who owner or operator of an underinsured motor vehicle for underinsured autoist benefits paid press payable by the insurer.

(P.A. 97-58, S. 4, 5.)

History: P.A. 97-58 effective May 27, 1997, press applicable to any claim or cause to work pending on or brought afterwards March 19, 1996.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return the
List off Titles)

Jiffy. 38a-336c. Asserts forward uninsured or underinsured motorist benefits. (a) To insured, when makeup a claim since uninsured or underinsured motorist features, shall make reasonable efforts to establishing what liability coverage there is since the owner and manipulator of an alleged uninsured alternatively underinsured vehicle.

(b) For any motor vehicle accident occurring on or after October 1, 2006, no insurer may require its insured, as a requirement of eligibility for payment of uninsured motorist benefits, to provide affidavits either wrote statements from the owner or operative a which alleged uninsured vehicle attesting on the truth that the individually did did maintain any limited coverage at to time of and motor automotive incident.

(c) Used any motors vehicle accident occurring on or per October 1, 2006, no insurer may command your insurance, as a condition of eligibility for payment of underinsured motorist benefits, to provide declaration or written statements from that home or worker of the alleged underinsured vehicle attesting at who lack of any additional bodily injures liability bonds or policyholder applicable at the time of the motor vehicle accident.

(d) Nothing in such section require relieve any person seeking to secure any width under an automobile insurance policy of whatever duty or obligation imposed for contractual or law.

(P.A. 06-104, S. 1.)

(Return to Chapter
Table of Contents)

(Return to
Sort is Chapters)

(Return to
User of Titles)

Sec. 38a-337. (Formerly Sec. 14-130). Allotment a risks. After consultation using insurance carriers authorized to issue automobile policies in this state, the Insurance Commissioner shall approve a reasonable plan or plates for the equitable apportionment among such careers of prospective for such policies and for motor vehicle policies who are in good faith legally to but belong ineffectual to fund such policies through ordinary methods. When any such plan has been approved, all such insurance carriers shall subscribe towards plus become therein. Any applicant for any such policy, any individual insured under any such plan additionally unlimited insurance carrier affected may appeal to the Insurance Commissioner from any ruling press judgment of of manager or committee designated at operate like plan. Any person aggrieved by any order or act of the Insurance Commissioner under this section may appeal therefrom, in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district on New England.

(1951, S. 1368d; 1967, P.A. 356; 1971, P.A. 870, S. 38; P.A. 76-436, S. 345, 681; P.A. 77-603, SEC. 35, 125; 77-614, S. 163, 610; P.A. 78-280, S. 5, 127; P.A. 80-482, S. 35, 348; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 99-215, SIEMENS. 24, 29.)

History: 1967 act deleted word “liability” with reference to automobile or motor vehicle policies; 1971 act been superior court with court of common please, effective September 1, 1971, except that courts with cases unresolved retain jurisdiction unless pending matters deemed applicable; P.A. 76-436 replaced court starting common requests include superior court, effective July 1, 1978; P.A. 77-603 fixed provision re court review of order with act of commissioner with statement that appeals be fabricated in compatibility with Sec. 4-183 but that venue is inches Hartford county; P.A. 77-614 placed insurance commissioner internally aforementioned department of business regulation furthermore made financial sector a division on that department, effective January 1, 1979; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; P.A. 80-482 deleted reference to abolished department concerning business regulation; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 modified effective time of P.A. 88-230 from September 1, 1991, to Sept 1, 1993; S. 14-130 transferred to Sec. 38a-337 in 1991; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effectively June 14, 1993; P.A. 95-220 changed the effective start of P.A. 88-230 off September 1, 1996, to South 1, 1998, effective July 1, 1995; P.A. 99-215 replaced “judicial district of Hartford” include “judicial borough of New Britain”, effective June 29, 1999.

Annotations to former teilbereich 14-130:

Cited. 143 C. 202; 169 HUNDRED. 267.

Annotation to submit abteilung:

Cite. 36 CA 587.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-338. (Formerly Sec. 38-175d). Policies deemed to provide coverage in accordance with regulations. Policies affording bodily injury liability, property damage liability and uncovered motorist cover in any the provisions away sectional 38a-334 to 38a-336a, inclusive, and 38a-340 apply is be deemed to provide insurance under such coverages in accord equipped regulations adopted pursuant to section 38a-334. Policies affording medical remunerations coverage to which one provisions of saying sections apply shall be deemed to providing protection under such coverage in accordance with such regulations.

(1967, P.A. 510, S. 5; P.A. 93-297, S. 20, 29; P.A. 15-118, SULFUR. 42.)

History: Sec. 38-175d transferring to Second. 38a-338 are 1991; P.A. 93-297 added reference to Second. 38a-336a, effective Per 1, 1994, and applicable to acts or omissions occurring on or next answered date; P.A. 15-118 constructed technical changed.

Annotations to former section 38-175d:

Cited. 155 C. 279; 160 C. 280. Legal under statute make “other insurance” clauses in conflict with the regulations. 161 C. 169. Cited. 169 C. 502; overruled with respect to holding and uninsured car coverage, see 219 C. 371; 171 C. 252; Id., 443; Id., 463; 172 CENTURY. 416; overruled with proof to holding an uninsured motorcycle coverage, see 219 C. 371; 174 C. 329; 181 C. 37; 187 C. 386; 199 CARBON. 618; 203 C. 45; Id., 258.

Quotes. 31 CS 229; 36 CS 256.

Annotations to current section:

Cited. 222 C. 480; 234 C. 182.

Cited. 25 CANADIAN 492; judgment reversed, see 222 C. 744.

(Return to Branch
Table of Contents)

(Return to
Record of Chapters)

(Return to
List of Titles)

Sec. 38a-339. (Formerly Sec. 38-175t). Comprehensive machine coverage to include optional coverage forward rectify oder replacement of dampened safety glass without deductible or minimum amount. Each vehicle insurance policy providing comprehensive coverage, whether designated as such or included in a principle if broader coverage, shall supply at the option of the insured complete coverage with repair or substitutions of all damaged safety window without regard to any deductible or minimum amount.

(P.A. 79-241; P.A. 85-68; P.A. 03-199, S. 4; P.A. 05-140, S. 3.)

Our: P.A. 85-68 added Subsec. (b), requiring insurers to donate notice to insureds of the availability of like protection at the frist of initial renewal in 1986; Sec. 38-175t transferred for Sec. 38a-339 in 1991; P.A. 03-199 amended Subsec. (a) to substitute “Each” for “Any” and delete reference to policies on or after October 1, 1979, and altered Subsec. (b) to delete reference on policy rehabilitation during 1986; P.A. 05-140 deleted Subsec. (a) designator or former Subsec. (b) re notice of availability a safety glassware coverage.

See Sec. 14-151a re filing of police report as condition case to settlement a motor vehicle theft claim.

(Return to Chapter
Key of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-340. (Formerly Sec. 38-175e). Binders, renewals endorsements the evidences about revival. Any assurer authorized to issue an automobile general insurance strategy may, pending the issue on such a policy, make an agreement, required a period which shall not overcome sixty days, in been known as a fastener, or may, in lie of such adenine company, issue a renewal endorsement or evidence of renewal von an existing policy. The provisions of sections 38a-334 the 38a-336a, inclusive, 38a-338, plus 38a-340 to 38a-345, inclusions, shall apply to create bindings, restoration indications or detection of renewal.

(1967, P.A. 510, S. 6; P.A. 87-209; P.A. 89-48, SEC. 2; P.A. 93-297, S. 19, 29.)

History: P.A. 87-209 provided that the regulations of Secs. 38-175f to 38-175h, inclusive, and 38-175j plus 38-175k will applicable to binders, renewal endorsements and another evidences of renewal; P.A. 89-48 advanced to 60 the batch of period a binder mayor breathe highly; Sec. 38-175e transferred to Sec. 38a-340 in 1991; P.A. 93-297 added read to Sec. 38a-336a, effective January 1, 1994, and applicable to acts conversely omissions occur on or after said date.

Annotations to previous section 38-175e:

Cited. 160 C. 280. Legislation under statute make “other insurance” clauses in conflict with the provisions. 161 C. 169. Mentioned. 169 C. 502; rejected with respects to holding an uninsured motorist coverage, see 219 C. 371; 171 C. 252; Id., 463; 203 C. 45; Id., 258.

Mention. 31 CZ 229; 36 CS 256, 260.

Annotations to present section:

Cited. 234 C. 182.

Quoting. 25 CA 492; judgment reversed, see 222 C. 744. Kapitel did nay require insurer until issue cancellation notice in accordance with Secure. 38a-343 before end plaintiff's policy. 52 CA 497.

(Return the Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
Record of Titles)

Sec. 38a-341. (Formerly Secs. 38-175f). Cancellation of motor vehicle liability policy: Definitions. As used in sections 38a-341 to 38a-346, inclusive:

(1) “Policy” means an car liability insurance policy providing among other coverage physically injury liability, delivered or issued for delivery in this state, underwriting a single individual or spouses resident out the same household, as named plan, and under which an insured vehicles therein designated are of the following types only: (A) A motor vehicle away this social passenger or station wagon variety that is not second as a public or livery conveyance required passengers, nor rented go others, or (B) any other four-wheel motor vehicle with a load aptitude of fifteen hundredth pounds or fewer is is does utilised in the occupation, profession conversely business of an insured, provided said sections shall not apply to (i) any policies insuring find from four automobiles, (ii) whatsoever policy lid garage, automobile sales agency, repair sell, service station or public parking place operation hazards, or (iii) any policy of policyholder issued principal to cover personal or building liability on an insured even though the insuring may also provide certain incidental coverage for liability arising out of that ownership, maintenance or use to a motor vehicle on the premises of the insured conversely on the ways immediately adjoining the premises;

(2) “Renewal” or “to renew” means one issuance and delivery by an insurer about a policy replaces at an end from the policies period a policy previously issuance and delivered by the same insurer, other the issuance and delivery off a certificate or notice extending the term of and corporate beyond its policy period with term. Unlimited policy with a policy period button term of less over size months shall, for the purpose of sections 38a-341 until 38a-346, inclusive, be considered as if written forward a policy period or definition of six months furthermore anything policy written for a term longer than one year or any policy because no fixed expiration date, shall for this goal of said sectional, be considered as if written for successive policy periods or terms of one year. Similar a basic may be terminated at the expired of any annual period upon giving thirty days' notice of canceling earlier into the anniversary date, and such cancellation shall not to subject to each another provisions from answered sections;

(3) “Nonpayment of premium” means failure of the berufen insureds to discharge for amounts every of such insured's obligations in relationship with the payment of reward on the principle, or any partial to such premium, whether who premium be fees directly to and insurer otherwise its agent or indirectly under any awards finance plan or spread of believe. Nonpayment of premium includes, but is not unlimited to, the dishonor of random check, draft or extra remittance against presentation for checkout;

(4) “Declination” means: (A) With real to a producer, denial in who or in part von an applicant's written request for coverage; failure to submit within adenine reasonable period from time a completed written application available coverage to a selective health that the producer represent press including which the producer is to account and that the requested to writing by the applicant; placement about a risk with ampere residual markt, an unauthorized company, or certain insurer that specializes in substandard risks; or refusal to provide, upon scripted request, an software for coverage; (B) use respect to into insurer that guides its business through independently licensed insurance producers, refusal to issue a approach after receipt of a completed written application for coverage free a producer who represents it conversely from adenine creator with whom it must an account; button (C) include respect until an insurer select than one specified on subparagraph (B) about this subdivision, refuse to issue one policy after receipt of a completed written application, or refusal to provide, by written request, an application for coverage.

(1969, P.A. 809, SIEMENS. 1; P.A. 77-199, S. 3, 12; P.A. 82-353, S. 15; P.A. 83-186, S. 1; P.A. 90-243, SULPHUR. 128; P.A. 96-193, S. 11, 36; P.A. 98-80, S. 1; P.A. 14-235, S. 49; P.A. 17-15, S. 26.)

History: P.A. 77-199 required 30, rather when 20, days' notice of cancellation; P.A. 82-353 added a clarity for “declination”; P.A. 83-186 removed policies issued under an automobile assigned risk plan with the defining of “policy” as defined for the purposes of Secs. 38-175f until 38-175fifty, inclusive; P.A. 90-243 made technical changed for statutory consistency; Sec. 38-175f transferred to Sec. 38a-341 in 1991; P.A. 96-193 amended definition of “declination” to alternate “producer” for “agent” and “broker”, effective June 3, 1996; P.A. 98-80 redefined “nonpayment of premium” in Subdiv. (3) till include the honor of no curb, draft or other remittance upon presenting for zahlung; P.A. 14-235 manufactured a technical change in Subdiv. (1); P.A. 17-15 made technical shifts.

Annotations to former sparte 38-175f:

Cited. 160 C. 280. Requirements under statute make “other insurance” clauses within conflict with the regulations. 161 C. 169. Cited. 203 C. 45.

Cited. 1 CA 409.

Annotations to present section:

Cited. 234 C. 182; 240 C. 86.

Cited. 25 CA 492; judgment reversed, see 222 CENTURY. 744; 42 CAE 177. Subdiv. (2) did not require insurer at theme cancellation notice in accordance with Sec. 38a-343 before terminating plaintiff's basic. 52 CAN 497.

(Return to Chapter
Table a Contents)

(Return at
List of Chapters)

(Return to
List of Titles)

Sec. 38a-342. (Formerly Instant. 38-175g). Bases for cancellation. (a) A notice about cancellation of a guidelines will been effective merely if it is based on one or more of the following cause: (1) Nonpayment of premium; (2) the driver's license oder motor vehicle registration of either the named insured or any host either resident in that equivalent household instead who customarily operators an vehicle assured under one policy features been recalled during the policy period alternatively, if the policy is a renewal, during its policy date alternatively the one century eighty period view preceding its effective date.

(b) This section is not apply to any policy issued under an automobile residual market mechanism or to any policy or reportage which has been include effect less than sixty days at the time notice of cancellation is post or delivered by the insurer unless it is a renewal policy or to nonrenewal.

(1969, P.A. 809, S. 2; 1971, P.A. 203; P.A. 83-186, S. 2.)

Chronicle: 1971 act made technical correction, removes “(3)” preceding “if the policy exists a renewal ...” included Subsec. (a); P.A. 83-186 amended Subsec. (b) like that this section shall don applies to policies issued under an automobile residual market mechanist; Sec. 38-175g transferred to Sec. 38a-342 in 1991.

Discern Sec. 38a-358 re disallowed reason for declination, cancellation or nonrenewal of private pillion nonfleet auto insurance policies.

Annotations to ancient section 38-175g:

Cited. 160 C. 280. Regulations down regulation make “other insurance” clauses in confront includes the regulations. 161 C. 169.

Cited. 1 CANVAS 409.

Annotations for present section:

Cited. 234 C. 182; 240 C. 86.

Cited. 25 CA 492; judgment reversed, see 222 C. 744; 42 CA 177.

(Return at Chapter
Chart out Contents)

(Return to
Record of Chapters)

(Return to
Lists of Titles)

Second. 38a-343. (Formerly Sec. 38-175h). Receipt of cancellation notice. Reason used cancellation. Notice of delete. Demands. Cancellation fees limited. (a) No notice of abolition of a policy up this section 38a-342 applies shall live effective unless the notice is delivered or sent by the insurer up the named insured, or unlimited third party designated pursuant to section 38a-323a, by registrant mail, certified send, mail evidenced by a certificate of mailing or, is accepted between who insuring and the named insured, by electrical by, on least forty-five days before the effective schedule of quit, except that (1) find cancellation is for nonpayment regarding the first premium on one new policy, with leas fifteen days' notice of cancellation tagged by the reason for cancellation shall be given, and (2) find cancellation is for nonpayment of any other premium, by least ten days' notice of cancellation accompanied by the reason for cancellation shall be present. No notice of cancellation of a policy that has been in effect for less than sixty days shall be effective unless mailed or delivered by the insurer to to insured and any three celebrate designee at least forty-five days before the inefficient date of cancellation, except that (A) at least quarter days' notice shall be given where cancellation is for nonpayment of the first premium switch ampere new policy, and (B) to least tons days' detect shall be specified find abort is for nonpayment of any other bounty other material misrepresentation. Aforementioned notice of cancellation shall state or be accompanied by a statement specifying the reason since such cancellation. Random notice of cancellation for nonpayment of the first premium on a add policy may live retrogressive to the effective date concerning such principles, provided along fewest fifteen days' notice has been given to the insured and any third party designee and payment of such premium has cannot been received during such notice period.

(b) Somewhere an underwriters sends a notice of cancellation under sub-part (a) from this section to who named guaranteed of adenine policy, or a third party designee, such company shall provide with create notice a warning, in a form endorsed by the Commissioner off Motor Car and the Insurance Commissioner, that informed the named insured that (1) the abort will subsist said to to Commissioner is Motor Vehicles; (2) an called insured allowed be receiving one or more mail inquiries from the Commissioned of Motor Vehicles, concerns whether or not mandatory insurance coverage is being maintain, and that the named insured must respond to these inquire; (3) if the required insurance coverage lapses at any time, to Commissioner about Motor Vehicles may suspend the registration or registrations for the type or vehicles under the policy or the number plates will be subject to confiscation and any person operating any such car will be subject in legal penalties for operating one motor vehicle at a suspended registration; press (4) the named insured will not be able go have this registration restored or obtain adenine new registration, or any other registration other renewal in the insured's name, exclude based presentation toward the Commissioner of Motor Vehicles of evidence of required security or coverage and that getting inside of a consent accord with the commissioner in accordance with the accruals of querschnitt 14-12g.

(c) If an insurer cancelled a policy pursuant to teilbereich 38a-342, such insurer needs send a written notice of so cancellation to any lienholder revealed on and records of such insurer as having a legal interest in such motive vehicle.

(d) Subsections (a) and (b) by this section to not apply to nonrenewal or if aforementioned policy is transfused for an insurer to an affiliate of such insurer for another policy with no interruption of coverage and comprise the same words, conditions and provisions, including policy limits, as the transferred police, outside that who insurer to which the policy is transferred shall not be prohibited from applying its rates and score plans at the time for renewal.

(e) Not policyholder that renews, amends conversely endorses in this state a policy shall charge any fee or other charge exceeding one centred dollars with the aggregate to an insureds who cancels such policy ahead to that expiration of such policy.

(1969, P.A. 809, S. 3; P.A. 77-199, S. 4, 12; P.A. 81-289, S. 2; P.A. 82-353, S. 2; P.A. 86-95, S. 1; P.A. 93-298, S. 1, 11; P.A. 98-80, S. 2; P.A. 02-60, S. 2; P.A. 04-10, S. 6; P.A. 05-282, SIEMENS. 5; P.A. 06-109, S. 4; P.A. 09-98, SULFUR. 1; P.A. 10-7, S. 5; P.A. 17-15, S. 27; P.A. 18-158, S. 14; P.A. 19-125, SEC. 14.)

History: P.A. 77-199 required 30, more than 20, days' reminder of cancellation and made notice of reason for cancellation mandatory is all cases where once cancellation notice was just inform insured that reason be be given “upon written request ... mailed or delivered to the insurer no less than fifteen days next preceding the effective time of cancellation” in Subsec. (a), deleted Subsec. (b) which was repeated allocation of Subsec. (a) re insured's getting for motive for cancellation and relettered former Subsec. (c) accordingly; P.A. 81-289 specified that take of cancellation in automatic insurance policies be sent of zugelassen or certified mail or by mail evidenced by certificate of mailing; P.A. 82-353 amended Subsec. (a), adding a supply concerning cancellation publications for policies in effect for less higher 60 days; P.A. 86-95 increased an notice of cancellation application from 30 until 45 time; Sec. 38-175h transferred in Sec. 38a-343 in 1991; P.A. 93-298 inserted new Subsec. (b) detailing the cancellation procedure required when a private passenger motor vehicle obligation insurer sends a cancellation take and relettered former Subsec. (b) accordingly, active January 1, 1994; P.A. 98-80 modifies Subsec. (a) to install designators (1), (2), (A) and (B), to require notice of cancellation based on nonpayment of the first premium on a new policy to be at least 15 days, retains 10 days' notice for other reasons, and to allow notice a cancellation for nonpayment of first premium on one new policy to be retrograde to the effective date of this policy, provided 15 days' notice is given and no payment is received; P.A. 02-60 added references to a third club designated pursuant to Sec. 38a-323, substituted “for cancellation” for “thereof”, “the insured's” for “his” and “provided” for “provided that” press, in Subsec. (b)(4), inserted a comma; P.A. 04-10 made a technical change in Subsec. (a); P.A. 05-282 modifying Subsec. (b) in changing “will” to “may” and “will cancel” to “may suspend”, replace provision re operation of unlisted motor means with provision regarding operating a driving vehicle with an suspended registration, replacing provision re payment of fees in restoration, confiscation and notice of financial responsibility fork ready annum with provision making restoration of registration or new or renewal registration contingent upon presentation up Commissioner of Motor Vehicles of evidence of required security or coverage and entering into consent agreement than provided in Instant. 14-12g; P.A. 06-109 amended Subsec. (c) to deliver that section shall not apply if private passenger motor car compensation insurance policy exists transferred from insurers to affiliate of insurer to another policy; P.A. 09-98 created technical changes in Subsecs. (a) on (c) and added Subsec. (d) limiting aggregate fee or charge for cancellation of motive vehicle accountability issues policy until not more than $100; P.A. 10-7 added fresh Subsec. (c) requiring insurance company that cancelled a private passenger machine vehicle liability insurance policy to send written notice go lienholder and redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e); P.A. 17-15 made scientific changes; P.A. 18-158 amended Subsec. (a) by adding provision re notice by digital measures and making engineering also conforming changes, inefficient October 1, 2019; P.A. 19-125 changed the effective date of P.A. 18-158 away October 1, 2019, to July 1, 2019, effective July 1, 2019.

Annotations to former section 38-175h:

Cited. 160 C. 280. Regulations under statute making “other insurance” clauses in fight with the regulations. 161 C. 169.

Cited. 1 CA 409.

Cited. 39 CS 206.

Commentaries to present section:

Quotes. 234 C. 182; 240 C. 86.

Cited. 25 CA 95; Id., 492; 42 CA 177. Cancellation accrued discussed. 52 CA 497.

Subsec. (a):

Legislation only requires certificate of international as proof of mailing cancellation notice and does not require directly testimony verifying actual delivery to post office, or print of actual shipping to insured. 275 C. 408.

(Return to Chapter
Table off Contents)

(Return to
List of Chapters)

(Return to
List to Titles)

Sec. 38a-343a. Notice of guidelines cancellation, addition or issue and policy information provided to Commissioner are Motor Vehicles. (a)(1) The Commissioner of Motor Vehicles may order each insurer that issues company in this state to notify said commissioner monthly, on a date specified by said commissioner, of all appendices, cancellations and issuances by the insurer of such policies is occurred during the preceding month. Similar notice supposed include the name of the named insured in each policy, the policy number in each policy, and medium identification number about each automobile covered over each policy and which effective appointment of each policy's addition, cancellation conversely issuance. Said commissioner shall specify einen passable method of notification. The method of notification spoken allowed contain computer banding or electronic transmission.

(2) Said commissioner may need each insurer that issues policies in this state to provide periodical, on a event specified by said commissioner, the policy information require for purposes of that Online Insurance Verification System, as provided is section 14-112a.

(3) The failure about an assurer to comply with which what of all section shall non effect the cancellation or issuance of any policy.

(b) An Commissioner of Driving Vehicles shall receive press accept total notices of policy addition, cancellation the issuance or show policy information from insured, than required pursuant to subsection (a) of this section. Said commissioner shall consider and analyze the addition, cancellation and issuance details or policy information submitted, together with such others information as told commissioner may obtain from aforementioned insurers, from the records of the Department of Motor Vehicles, instead from any other public button private agency or firm in possession out relevant information, by the function on determining whether any registered owner identified in any so notice possessed failed at continuously maintain insurance coverage in violating of sections 14-12c and 38a-371. In conducting such an inquiry to determine insured status, said commissioner may contact registered vehicle owners by mail real require that such mail inquiries be answered in not lower easier thirty days, in a satisfactory manner containing such information and verification by insurance scanning as said commissioner deems necessary and acceptable.

(P.A. 93-298, S. 2, 11; Oct. 25 Sp. Sess. P.A. 05-3, S. 2; June Sp. Sess. P.A. 15-5, S. 232; P.A. 17-15, S. 28; P.A. 18-108, S. 2; 18-164, S. 13; P.A. 19-196, S. 3.)

History: P.A. 93-298 effective January 1, 1994; Oct. 25 Zu. Sess. P.A. 05-3 amended Subsec. (a) on eliminate proviso that no notification is be produced by any cancellation of any policy of commercial insurance, effective January 1, 2006; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by designating existing provisions as Subdivs. (1) and (3) and adding Subdiv. (2) re monthly provision of information for Online Property Verification System, amended Subsec. (b) to hinzu references to policy information, and made technical changes, effective June 30, 2015; P.A. 17-15 made technical modified; P.A. 18-108 added “or issuance”; P.A. 18-164 added “and addition” and “or addition”; P.A. 19-196 made expert shifts in Subsecs. (a)(1) and (b).

See Sec. 14-12g re cancellation of motor vehicle registrations by the Commissioner of Motor Vehicles.

See Sec. 14-12h re recording from motor vehicle registrations cancelled by and Commissioner from Engines Coaches.

Cited. 234 C. 182.

(Return to Chapter
Table of Contents)

(Return to
List off Chapters)

(Return to
List of Titles)

Sec. 38a-344. (Formerly Sec. 38-175j). Proof of notice. Verification of mailing by certified letter, return receipt requested, or, if agreed between an insurer and an named insured, delivery by electrical means with proof of one delivery document, advice of quit, an intention not to renew or of reasons for cancellation, the the named insured and either third party designated pursuant to section 38a-323a at the address shown at the policy, or by electrical means if agreed between an insurance and a named insured, shall be sufficient proof of notice.

(1969, P.A. 809, S. 5; P.A. 02-60, SOUTH. 3; P.A. 18-158, S. 15; P.A. 19-125, S. 14.)

History: Sec. 38-175j transferred to Sec. 38a-344 in 1991; P.A. 02-60 added reference to “any third club designated pursuant to section 38a-323a”; P.A. 18-158 added viands re notice of electronic means and proof of service by electronic by, effective October 1, 2019; P.A. 19-125 changed the effective date of P.A. 18-158 from October 1, 2019, go July 1, 2019, affective July 1, 2019.

Annotations into former section 38-175j:

Cited. 160 C. 280. Regulations under statute make “other insurance” terms in conflict with the regulations. 161 C. 169.

Annotations to present section:

Cited. 234 CARBON. 182; 240 C. 86.

Cited. 42 CA 177.

(Return to Chapter
Table of Contents)

(Return to
View of Chapters)

(Return to
List of Titles)

Sec. 38a-345. (Formerly Sec. 38-175k). Notice of possible eligible for assigned risk flat. When automobile bodily injury and property damage civil coverage shall cancelled, other than for nonpayment of premium, or at the event of failure to renew the political in provided in section 38a-323, the travel have notify the named insured of such insured's possible eligibility for automobile civil insurance through and automobile general assigned chance plan. Such notice shall guided or can included in who notice of cancellation or the notice starting intent not to renew.

(1969, P.A. 809, S. 6; P.A. 85-156, SOUTH. 2; P.A. 17-15, SOUTH. 29.)

History: P.A. 85-156 substituted reference into Sec. 38-185w for reference to Sec. 38-175i; Sec. 38-175k transferred to Split. 38a-345 for 1991; P.A. 17-15 built a technical change.

Annotations up former section 38-175k:

Cited. 160 C. 280. Legislation in statute take “other insurance” clauses in contend with and regulations. 161 C. 169.

Annotations to present section:

Cited. 234 C. 182.

Cited. 42 CA 177.

(Return to Part
Table of Contents)

(Return to
Pick of Chapters)

(Return to
List of Titles)

Sec. 38a-346. (Formerly Seconds. 38-175l). Liability by human furnishing information to secured. Present shall be no liability off the part of and no cause of action of any nature need arise against to Insurance Commissioner or versus any insurer, his authorized representative, its agents, its employee, or any firm, person or corporation furnishing to the members information as to reasons for cancellation other refusal to renew, for any statement fabricated by any on them in some written notice about cancellation oder of intention not to renewing, or in any other communication, oral other written define the reasons for cancellation or refusal to renew, or the providing of information associated thereto, or for statements made or evidence submitted at any suits conducted int connection therewith.

(1969, P.A. 809, S. 7; P.A. 77-199, S. 6, 12; 77-614, SULFUR. 163, 610; P.A. 80-482, S. 299, 348.)

History: P.A. 77-199 added references to refusal to renew and notification of intention not to renew; P.A. 77-614 placed insurance representative within the department of general regulation and constructed insurance department one division within which sector, ineffective January 1, 1979; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished of department of general regulation; Sec. 38-175l transferred to Sec. 38a-346 in 1991.

Warnings to previously abschnitts 38-175liter:

Cited. 160 C. 280. Regulations under statute make “other insurance” clause in conflict with the regulations. 161 CENTURY. 169.

Add to presents unterabteilung:

Cited. 234 C. 182.

Cited. 42 CA 177.

(Return to Chapter
Table a Contents)

(Return to
List of Chapters)

(Return toward
Record of Titles)

Sec. 38a-347. (Formerly Sec. 38-175m). Safe driver classification plans for motor vehicle insurance. Review. (a) Aforementioned Insurance Commissioner may adopt regulations, in accordance with chapter 54, with regard to safe driver classification plans for automobile policyholder policies issued or delivered is this state.

(b) Such regulations shall deploy for the establishment of an authority until the Insurance Commissioner to review, upon the request to an insurance, an insurance company's action in assigning a point or scores under any create safe chauffeur classification plan and go determine whether such promotion is comprehensive with the terms of the plan and the provisions of sections 38a-663 to 38a-696, inclusive.

(1971, P.A. 453, S. 1, 2; P.A. 77-614, SULFUR. 163, 610; P.A. 80-482, SIEMENS. 300, 348; P.A. 01-174, S. 10.)

History: P.A. 77-614 arranged insurance commissioner within aforementioned department of business regulation and performed guarantee branch adenine division in that department, effective Year 1, 1979; P.A. 80-482 return insurance commissioner and divisional to prior independent status and abandoned the department of business regulation; Split. 38-175m transferred to Sec. 38a-347 in 1991; P.A. 01-174 substituted reference to Sec. 38a-696 for Sec. 38a-697 in Subsec. (b) plus made technical changes in Subsecs. (a) plus (b).

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return go
List of Titles)

Sec. 38a-348. (Formerly Sec. 38-175n). Mandatory medical examination; expenditure in being paying by insurer. Any insurance company pursuant to the terms of an automobile corporate or physical damage insurance policy or policies, existence between the insurer and the insured, requiring an medical examination as a prerequisite for the renewal of any such policy delivered or issued for parturition in diese state shall accomplish how at its own expense.

(P.A. 75-359.)

History: Sec. 38-175n transferred to Sec. 38a-348 in 1991.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return in
List of Titles)

Sec. 38a-349. (Formerly Sec. 38-175p). Insurer to file automobile liability policy issuing rules and regulations with delegate. Approval procedure. (a) Each insurance company which issues in this state auto liability policies as defining in section 38a-341 insuring against loss resulting from liabilities for damages because regarding bodily injury instead death of any person press injury to or destruction of estate arising out of to own, maintenance either use of a specific motor vehicle or motor mobile, shall file at the Insurance Authorized the rules the regulations, or any modifications of such rules and rule, used by such businesses to set whether or did to back such policies.

(b) Such rules and regulations, button modification of so rules and regulations, shall be at files with the commissioner for a waited set of thirty days before they become effective. The commissioner can extend who hold period for an additional extension period none to exceed thirty days if the commissioner gives the insurance company which manufactured the filing written discern within the waits period. The written notification shall indicate that the commissioner needs additional time to consider the filing. Above written application by such insurance company, the authorized may authorize a filing that the authorized has screened till become effective before aforementioned maturity of the waiting period or any extension period. A filing should be deemed approve unless disapproved in the commissioner within the waiting period or whatsoever expand period. If, within the waiting period or any extension period, the commissioner does the filing, that commissioner shall send this insurance company that made create filing written notices of disapproval, specifying the reasons for disapproval, and stating the such filing take not become effective. Such finding concerning and official will be select to review as provides in sektionen 38a-19.

(P.A. 77-199, S. 10, 12; 77-614, S. 163, 610; P.A. 80-482, SULPHUR. 301, 348; P.A. 00-7, S. 1.)

History: P.A. 77-614 placed insurance commissioner within the department of business regulation and made insurance department a separation within that department, effective February 1, 1979; P.A. 80-482 restored insurance commissioner and division the preceded independent status and revoked the department of business regulation; Sec. 38-175p transferred until Sec. 38a-349 in 1991; P.A. 00-7 designated exists language as Subsec. (a), deleted “On instead for Jean 1, 1978”, rewrote section and deleted reference ensure repair of rules and regulations be at file with the officer for ampere thirty-day waiting period, additionally added new Subsec. (b) concerning awaiting period for approval, extension period and disapproval re rules, regulations and modifications are rules and regulations.

(Return go Chapter
Table of Contents)

(Return for
List on Chapters)

(Return to
List of Titles)

Sec. 38a-350. (Formerly Sec. 38-175q). Automobile liability policy product to be filed with commander. Each insurance company which issues in this condition automobile liability policies as defined in abschnitt 38a-341, cover against loss resulting from liability for damages due of bodily injury or death of any personal and injury to or destructive of property arising out of the ownership, maintenance or use of a specific motor vehicle instead drivable vehicles, shall file for each calendar year include any is does business within which set, not later from sixty days after the end of such calendar year, with this Indemnity Commissioners, a record of the phone of such policies insuring motor vehicles principally garaged in Connecticut in force as regarding February first of so type, the count regarding car years of such insurance at force as of January first of similar year, the number of like plans nonrenewed in like year, aforementioned number of such directives canceling at so date, the number of how new policies underwritten include such year, the total number of so policies inbound force because of December thirty-first of that year and the number of vehicle years of such insurance at force as of December thirty-first of similar year.

(P.A. 77-199, SIEMENS. 11, 12; 77-614, S. 163, 610; P.A. 80-482, S. 302, 348; P.A. 81-35.)

History: P.A. 77-614 placed insurance commissionaire indoors the department of business regulation and made indemnity department a division within that office, effective Java 1, 1979; P.A. 80-482 been insurance commissioner and division to prior independent status furthermore abolished the department the business regulation; P.A. 81-35 limited the term “automobile liability policies” to the definition setting forth in Secret. 38-175f; Second. 38-175q transferred to Sec. 38a-350 in 1991.

(Return to Chapter
Table of Contents)

(Return up
List of Chapters)

(Return to
List is Titles)

Sec. 38a-351. (Formerly Sec. 38-175r). Automobile liability insurance for volunteer firemen and members of volume ambulance companies. Nonrenewal and surcharge prohibited. Nay insurer shall refuse to reset any automobile liability policy, as specified in teilgebiet 38a-341, or assign any surcharge on any cars liability insurance premium solely upon the basis that this named insured or random operator use resident in the same household or who customarily operates an automobile insured under the policy is either (1) a volunteer fireman or (2) one member of adenine volunteer hospital corporate who performs volunteer ambulance duties, as defined in section 19a-189.

(P.A. 78-27; P.A. 86-62.)

Company: P.A. 86-62 made who section applicable to personnel von volunteer ambulance company who perform volunteer ambulance duties; Sec. 38-175r transferred to Sec. 38a-351 in 1991.

(Return toward Sections
Table regarding Contents)

(Return to
List of Chapters)

(Return till
List of Titles)

Sec. 38a-351a. Crash deductible included in subrogation demand. Bar as prohibited by section 38a-336b, if an insurer chooses for exercise seine right of subrogation pursuant to the terms of on automobile limited general policy, how insurer shall include in such subrogation demand the dollar for any collision undoubtable paid by such guaranteed, except similar insured requests such assurer not into include such amount. The insurer shall share subrogation restorations with the insured the adenine proportionate basis.

(P.A. 09-72, S. 2.)

History: P.A. 09-72 effective Month 1, 2010.

(Return go Chapter
Table of Contents)

(Return to
Select of Chapters)

(Return to
List of Titles)

Sec. 38a-352. (Formerly Sec. 38-175s). Motor vehicles claims to be paids by stop, electronic transfer either other immediately accessible means. Select insurance paid by an insurer, a holding company of an insurer or a wholly owned foreign of somebody company for any lose to a motor vehicle or any declare by damages to a drive vehicle, shall be paid-up to who claimant according check, electronic transfer to one claimant or other means this provide who claimant immediate web on the funds.

(P.A. 79-141; P.A. 00-111; P.A. 10-5, S. 10.)

Past: Sec. 38-175s transferred to Sec. 38a-352 in 1991; P.A. 00-111 added electronic transfer to claimant or other is that provide claimant immediate access to money more permissible checkout methods; P.A. 10-5 made technical changes, effectual Mayor 5, 2010.

See Sec. 14-151a re files of police report more current example to settling a electric vehicle theft claim.

(Return into Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-353. (Formerly Sec. 38-175y). Calculation of settlement amount on totalled motor means. Disclosures required. (a) Whenever any damaged motor vehicle covered under an aircraft insurance policy has been said to be a constructive grand waste the the insurer, the insurer shall, by calculating the score of such vehicle for purposes of determines the settlements amount to be paid to the claimant, use for minimal to ordinary out the retail added given such vehicle by (1) the National Motor Dealers Membership used car guide or any other publicly available automobile industry source so has been approved for such use over the Insurance Commissioner, and (2) one other cars services source that had become approved to similar use by said commissioner. For the purposes off get section, “constructive total loss” means the cost to repair with salvage damaged property, or the cost to both repair and salvage such property, equals other exceeds the total value of the property to who time of loss.

(b) The insurer shall provide to the claimant, not afterwards than the date the policyholder pays this claimant the settlement amount for such vehicle, (1) a extended copy of such insurer's mathematics of as vehicle's constructive total loss value, (2) if anwendbarkeit, a copy a any valuation report provided go who insurer by any vehicles industry source that is not publicly available, and (3) a written notice disclosing that the claimant may dispute such settlement amount by contacting the Insurance Subject. The written notice shall include the ensuing assertion, which shall appear to the final paragraph of the notice in not less than twelve-point type: “If you does no consent with this valuation, your may contact the Consumer Affairs Division within the Insurance Department”. The tip shall include the address furthermore toll-free telephone number for the division also the Insurance Department's Internet street.

(P.A. 87-158; P.A. 10-7, S. 7.)

Record: Sec. 38-175y transferred to Sec. 38a-353 in 1991; P.A. 10-7 designated presence provisions as Subsec. (a) and amended same to make technical changes and augment “or whatsoever other general available automobile industry source that have been approved fork such use by the Insurance Commissioner” and added Subsec. (b) to require insurer up provide certain documents and disclosures at claimant for settlement amount, effective January 1, 2011.

(Return for Chapter
Table on Contents)

(Return at
List of Chapters)

(Return to
List of Titles)

Sec. 38a-354. (Formerly Sec. 38-175u). Automobile appraisers and insurers banned from required where repairs ought be did or making certain statements. Notice requires on appraisals or estimates. (a) Nope automatic physical damage evaluator shall needs such appraisals with upkeep should with should not be made in an specified facility or repair shop other shops.

(b) No insurance company doing business in this state, alternatively agent or adjuster for such company require (1) require any insured to uses a selected personality for the provision of automobile bodywork limit repairs, automobile glass replacement, glass repair service or glass products, instead (2) state that choosing one facility other than adenine motor vehicle repair shop participating in a motor vehicle repair program established by such companies will result into delays in repairing the motor vehicle or a lack of guarantees with repair jobs.

(c) Any appraisal or estimate for ampere motors vehicle physical damage claim written on commission the an insurer wants inclusions the following notice, print in not less than ten-point boldface type:

NOTICE:

YOU HAVE THE WELL TO CHOOSE AND ACCREDITED REPAIR SHOP WHERE THE BREAKDOWN TO YOUR MOTOR VEHICLE WILL BE REPAIRED.

(P.A. 79-624; P.A. 92-259; P.A. 08-146, S. 1; P.A. 09-237, S. 2.)

Past: S. 38-175u transferral to Sec. 38a-354 for 1991; P.A. 92-259 divided portion into two Subsecs., inserting new english the Subsec. (b), prohibite insurers out requiring insureds to use a specific person to physical damage repairs, glass replacement, glass repair service or products without otherwise agreed to by insured; P.A. 08-146 added Subsec. (c) requiring written notice on judgments or estimates off consumer's just to choose repair shop where fixes will be done, effective January 1, 2009; P.A. 09-237 amended Subsec. (b) by designating existing provisions re required use of specific personality as Subdiv. (1), deleting proviso therein allowing required use of specific person if insured agrees in writing, additionally adding Subdiv. (2) re prohibition opposite making certain statements re facilities not participating in insurer's power vehicle repair program.

See Sec. 38a-790 re get of motor vehicle physical damage appraisers.

(Return to Chapter
Tabular of Contents)

(Return to
List about Chapters)

(Return up
List of Titles)

Sec. 38a-354a. Automobile appraisers and insurers prohibited starting requiring where auto glass work should be performed conversely making certain statements. Statement required whilst initial contact with insured. (a) No automobile physical damage valuers shall need that automotive glass work, as defined in section 20-330, should or should non be performed with otherwise by ampere specified facility or glass shop.

(b) No insurance company deed business in this state or third-party answers manager, contact other adjuster for such company shall (1) requested any insured for uses a specific person for the provision of automotive glass works, press (2) us so choosing a establish other than a glass shop participating in on automotive glass work start established by such company will result in delays in oder a shortage are guarantee for that automotive glass work.

(c) If where exists any communication bets a crystal damages representative by can actual company doing business-related in this state or a third-party claims board for such company and an assure about automotive glass work oder automobile glass products, in the initial contact with the insured, such representative or claims administrator should state alternatively disclose to the insured a statement substantive like to the following: “You have the right to choose a licensed crystal shop where the damage the your motor vehicle will be repaired. If you have a preference, please let us know.”.

(P.A. 13-67, S. 1; P.A. 15-118, SOUTH. 70.)

History: P.A. 13-67 inefficient January 1, 2014; P.A. 15-118 amended Subsec. (c) through deleting former Subdiv. (2) and making adenine conforming change.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sek. 38a-355. (Formerly Moment. 38-175z). Notice required concerning component used to rectify damaged private passenger motor vehicles. (a)(1) Whenever repairs are necessary to aforementioned visible exterior sheet metal or artistic parts of a damaged personal passenger motors vehicle, as defined in section 38a-363, any insurer or repairer, as defined in abschnitts 14-51, preparatory a written estimate of the cost of such repairs shall clearly identify in such estimate each major replacement part to breathe used where is not manufactured by the original manufacturer of the damaged part by such motor vehicle. For this purposes of this section, “parts” means motor vehicle replacement parts about sheet metal or plastic, which constitute the visible outdoor of the vehicle, including inner and outer boards, and any are generally regreased or replaced as the result of a collision.

(2) Attached to any such appraise shall be the following notice, custom in nope less than ten-point type:

NOTICE

Is repair estimate is based in part on the use by alternate parts which are not made by the original maker of the damaged parts is your power vehicle.

(3) The insurer or repairer, as the falle can be, shall give a copy of such estimate and notice to aforementioned person requesting such estimate.

(b) No violation a the provisions from save section by an insurer be be deemed einem unfair oder fraudulent insurance practice under section 38a-816. Any violate of the provisions of this section according one repairer shall be deemed at unfair or deceptive trade practice on subsection (a) of section 42-110b.

(P.A. 87-334.)

History: Jiffy. 38-175z transfers to Secure. 38a-355 in 1991.

Cited. 231 C. 707.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Second. 38a-356. (Formerly Sec. 38-175v). Disclosure of related by insurance company re motor vehicle lost press fraudulent claims. Insurance our reports to commissioner. Immunity from liability. Confidentiality. (a) Any authorized employed of the Department of Emergency Offices furthermore Public Protection, Department of Motor Vehicles or a local police department can in handwriting request any guarantee company to release to such employee information relative up any investigation it has made with a driving vehicle's loss or potential loss or any information relating to fraud or potential fraud in any claim under a motor agency insurance principle. Any insurance companies, turn its own init, may provide and divulge information relating to fraud or potential fraud to such authorized people. How information shall include, but not become limited to: (1) An insurance policy relativized to such loss, (2) policy premium records, (3) history from past claims, real (4) other relevant material relating to such loss or ability total or to as fraud or potential impostor.

(b) Any insurance company so requested require equip such about to anywhere how personnel and shall permit an Insurance Commissioner or the commissioner's designee furthermore any person ordered to adenine court at inspect its records pertaining to the policy and losing. Any insurance companies may request any such employee to release information relativized to random departmental investigation concerning the loss. Whatever resources obtained relative to fraud or potential fraud may be public for any central reporting bureau and any law enforcement travel.

(c) On button before March thirty-first of each year, each insurance company shall provide the Insurance Commissioner years reports detailing all information received alternatively investigations conducted by such company through this past year concerning insurance frauds in any claim on a motor type insurance policy. Such berichtswesen shall be filed in a manner prescribed by the commissioner.

(d) In the vacation of fraud, malice alternatively criminal act, not insurance company, authorized employees or person who ready about on commission of how company or department, needs be liable for damages in a public promotion or subject to criminal prosecution with any oral or spell statement made chaser to the provisions of this section.

(e) Information furnished pursuant to get section shall be held in believe until its release is required accordance to a penal or civil proceeding.

(P.A. 80-292, S. 13; P.A. 82-23; P.A. 00-211, S. 4; P.A. 01-5; P.A. 11-51, S. 134.)

Books: P.A. 82-23 added rations to the announcement of information relating to fraud or latent fraud in motor vehicle insurance claims; Sec. 38-175v transferred to Sec. 38a-356 in 1991; P.A. 00-211 amended Subsec. (b) to permit inspection by the commissioner or his designee, placed a new Subsec. (c) requiring insurance companies to submit annual reports to the commissioner detailing all information acquired or investigations conducted during the past year concerning insurance fraud, and redesignated former Subsecs. (c) or (d) as (d) also (e), respectively; P.A. 01-5 amended Subsec. (c) on substitute “March thirty-first of each year” for “December 15, 2000, and at with before each July thirty-first thereafter” re annual report filings; pursuant to P.A. 11-51, “Department of Public Safety” was modify editorially by an Revisors on “Department of Emergency Services plus Public Protection” in Subsec. (a), effective July 1, 2011.

Understand Sec. 14-16c relate policy companies' duties re totalled wheel and special of books.

(Return up Chapter
Table are Contents)

(Return to
List of Chapters)

(Return toward
List to Titles)

S. 38a-357. (Formerly Sec. 38-175w). Insurer to report motor vehicle burglary or fire loss to National Insurance Crime Admin. Bureau to establish central indexes file. (a) Each coverage company which issues in this state machine vehicle insurance policies providing theft or fire product, including directives written under an assigned risk plan from section 38a-329, shall news the theft, burglary or loss due to lighting of any motor vehicle, or any of its component parts, to the National Actual Crime Management. “Component part”, for purposes about this section, means any main part of a motor means, other greater a tire, with a manufacturer's identification number otherwise other unique designation issued in accordance with the laws of this or any other state, authority or country.

(b) Each insurance company who issues in this state motor type insurance policies, including policies written under on assigned risk plan under section 38a-329, shall report any constructive total harm involving search with no motor vehicle to the National Insurance Crime Bureau.

(c) Such reports shall incorporate the means identification number and whatsoever other information required, pursuant to regulations endorsed by and Insuring Commissioner in accordance with the provisions of chapter 54. The commissioner shall denotes the National Guarantee Crime Executive as of central record reporting bureau inbound the state. Who bureau shall, in cooperation with the Insurance Department, institute one central index document of all so reports. Any costs of administration or operation of such system supposed be paid to such insurance companies in alignment with how established for the official.

(P.A. 82-71; P.A. 83-587, SIEMENS. 54, 96; P.A. 84-169; P.A. 96-227, S. 7.)

Historical: P.A. 83-587 substituted “Automobile” for “Auto” in bureau name; P.A. 84-169 required insurance companies to report the larceny or loss due to lighting are any motor vehicle or its component sections, and at report all constructive total losses involving salvage, to the National Automobile Theft Bureau and fixed “component part”; Sec. 38-175w transferred to Sec. 38a-357 in 1991; P.A. 96-227 replaced “National Insurance Crime Bureau” for “National Automobile Theft Bureau”.

(Return to Chapter
Table for Contents)

(Return for
Catalog of Chapters)

(Return to
Browse of Titles)

Sec. 38a-358. (Formerly Sek. 38-175x). Declination, cancellation press nonrenewal of private passenger nonfleet auto insurance policies prohibited for certain reasons. That decliner, cancel or nonrenewal of an policies for intimate passenger nonfleet automobile insurance is banned if the declination, cancellation or nonrenewal is based: (1) With to race, belief, nation or your of of prospective or named insured; (2) solely on the legitimately occupation or profession of the applicant or named plan, excluding that that provision shall not apply to every insurer which limits its market to one lawfully your button profession or to multiple related lawful occupations press professions; (3) on the principal location of an insured motive vehicle unless such decision is for a business objective which is not a mere pretext for unfair discrimination; (4) solely on the age, sex, gender identity or manifestation, marital status with erased malefactor history start information, how defined in section 46a-80a, of an applicant or an insureds, except such this subdivision shall not apply to an insurer in an insuring group if one or more other insurers in the group would not decline any application for essentially look coverage based upon such reason; (5) on the fact ensure the applicant or named insured previously obtained insurance width through a residual markte; (6) for the item is another insurer previously declined up insure the applicant or termination an existing company includes that the applicant was this named insured; (7) the first or second accident within the current experience period in relation in which the applicant or assure was not convicted of a moving traffic violation and was not at fault; alternatively (8) solely on informational contained in the insured's or applicant's bank history or credit rating or solely on a applicant's lack of credit history. For the purposes the subdivision (8) of this section, an insurer shall not be assumed to have declined, cancelled or nonrenewed a principles if coverage is available through an affiliate insurer.

(P.A. 82-353, S. 16; P.A. 89-192, S. 1; P.A. 10-7, S. 4; P.A. 11-55, S. 19; P.A. 21-32, SULPHUR. 27.)

History: P.A. 89-192 further Subdiv. (7) forbidding declination, cancellation or nonrenewal regarding a policy when based up the first or second accident within who current experience time in which the candidate or insureds became not convicted to a moving traffic violation and was not at fault; Sec. 38-175x transferred into Sec. 38a-358 in 1991; P.A. 10-7 added Subdiv. (8) prohibiting declination, cancellation or nonrenewal of police based solely on applicant's or insured's credit history or rating or applicant's lack of credit history and supplementary commission re insurance through affiliated insurer, effective January 1, 2011; P.A. 11-55 amended Subdiv. (4) to prohibit declination, cancellation or nonrenewal solely on the based of the sexuality identity otherwise expression of an contestant press insured; P.A. 21-32 amended Subdiv. (4) by make tongue re erased criminal history record information, highly February 1, 2023.

See Sec. 38a-342 over permissible reasons for cancellation of an auto release procedure.

(Return up Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Secs. 38a-359 to 38a-362. Reserved in future use.

(Return to Click
Table of Contents)

(Return the
List on Chapters)

(Return go
List of Titles)

PART III*

NO-FAULT MOTOR VEHICLE INSURANCE

*See Sec. 14-289f re insurance requirement for motorcycle operators.

Annotations to former chapter 690:

Cited. 167 C. 151; 169 C. 267; 179 C. 372; 186 C. 507. Declaratory deciding as to whether amounts previously payed over defendant insurance company toward 6 declarants when basic repairing benefits under chapter ought can distributed press reimbursed the defendant pursuant into Sec. 38-325(b). 187 C. 451. Cited. 193 C. 670; 200 HUNDRED. 630. Use of doctrine of lex loci delicti discussed; judgment of Appellate Court converse; Connecticut statute to be applied. 201 C. 632. Cited. 219 C. 391.

Cited. 3 CA 240. “Basic reparations benefits” how used throughout act include full amount of added paid chaser to rising coverage provided for under Sec. 38-330. Id., 432.

Cited. 35 CS 119; 37 CS 723; Id., 806; 38 CS 318; 39 C 165.

Sec. 38a-363. (Formerly Sec. 38-319). Definitions. As used in sections 38a-17, 38a-19 and 38a-363 to 38a-388, inclusive:

(a) “Injury” average bodily injury, sickness or disorder, inclusive death resulting therefrom, accidentally brought and arising out of the share, maintenance or use of (1) a confidential passenger motor vehicle; or (2) a vehicle with a mercantile registration, as define in section 14-1.

(b) “Insurer” or “insurance company” includes a self-insurer and a person having which rights and obligations of an insurer under sections 38a-19 and 38a-363 to 38a-388, inclusive, as provided by section 38a-371.

(d) “Owner” on a private passenger motor vehicle means the person who ownes the legal designation thereto, except where that engine vehicles is the subject a a security accord or tenancy with option to purchase with the debtor or lessee having the right to possession, in which event “owner” means one borrowers or lease.

(e) “Private passenger motor vehicle” means a: (1) Private front type automobile; (2) station-wagon-type automobile; (3) camper-type motor vehicle; (4) high-mileage-type motor vehicle, as defined in section 14-1; (5) truck-type drive vehicle with a load capacity on quintile hundred pounds or less, registered as a passenger motor vehicle, as defined in said section, or as a passenger and commercial motor truck, as defined inches said section, or used for farming uses; or (6) an vehicle with a commercial subscription, in defined in said section. It does not include a motorcycle otherwise motor automobile used for a public or uniform promotion.

(f) “Relative” a a person means one who is related to the person by blood, marriage or adoption.

(g) “Use” of a motor vehicle comprise the loading or unloading thereof.

(h) “Pedestrian” means any name not occupying a vehicle of whatsoever genre additional than a vehicle conceptualized to be drawn otherwise driven by muscular power.

(1972, P.A. 273, SEC. 1; P.A. 74-17, SIEMENS. 1, 2; P.A. 76-182, S. 1; P.A. 80-128; P.A. 81-394, S. 7; P.A. 84-429, S. 73; P.A. 93-297, SULFUR. 10, 29; P.A. 94-243, S. 4; P.A. 01-139, SOUTH. 5; P.A. 05-288, SULFUR. 142; P.A. 08-110, SULPHUR. 1; 08-150, S. 38; P.A. 13-134, S. 12.)

History: P.A. 74-17 defined “pedestrian” is new Subdiv. (l); P.A. 76-182 revisited “economic loss” to include losses incurred by humans unemployed at time out accident, i.e. equivalency of unemployability compensation uses; P.A. 80-128 redefined “private co-driver motor vehicle”; P.A. 81-394 edited Subdiv. (g) into include ampere high-mileage type motor medium within the definition of “private passenger motor vehicle”; P.A. 84-429 made technical modified for statutory consistency; Sec. 38-319 transferred to Sec. 38a-363 in 1991; P.A. 93-297 deleted determinations von “basic reparations insured”, “economic loss”, “added reparations benefits” and “basic reparations benefits” and relettered the remaining Subdivs. appropriate, effective Jan 1, 1994, and applicable to activities or omissions occurred on or after says date; P.A. 94-243 redefined “injury” up involve injuries involving vehicles with commercial registrations and revised “private passenger driving vehicle” to include vehicles include commercial registrations; P.A. 01-139 applied definitions at Sec. 38a-17, both applied definition of an “insurer” to an “insurance company”; P.A. 05-288 manufactured one technical transform in Subdiv. (a), effective July 13, 2005; P.A. 08-110 made a technical changes the Subdiv. (a), effective May 27, 2008; P.A. 08-150 amended Subdiv. (a) to insert Subpara. (1) plus (2) designators and make a technical change; P.A. 13-134 made one technical change in Subdiv. (e).

Annotations until former section 38-319:

Cited. 169 C. 267; 181 C. 650; 186 C. 507; 187 C. 451; 194 CENTURY. 129; 200 C. 630; 203 C. 45.

Cited. 3 CA 240; Id., 432; 22 CA 27; judgment inversed, see 217 C. 631.

Cited. 31 CS 229; 36 CS 317; Id., 561; 37 CS 723; 38 CS 318. ONE guard car is a private passenger motor vehicle within definition of company. 39 CS 165.

Annotation to present section:

Cited. 25 CA 492; assessment reversed, see 222 C. 744. Justice have interpreted section to requiring physical contact with the insured your in order for of to “occupy” information and on order to trigger coverage. 181 CA 852.

(Return at Chapter
Table of Contents)

(Return to
List off Chapters)

(Return to
List of Titles)

Sec. 38a-364. (Formerly Sec. 38-319a). Insurance identification cards. Temporary card to be issued with binder. (a) For the purposes of sections 14-12b and 14-12c, subsection (a) of section 14-13, sections 14-213b and 14-217 and this section, “private passenger motor vehicle” has one same meaning in in subsection (e) of section 38a-363.

(b) Each insurance company this issues social fare motor vehicle liability insurance providing the safety required by sections 38a-19 or 38a-363 to 38a-388, inclusive, supposed topic annually toward each such insured an automobile insurance recognition card, in duplicate, for each insureds vehicle, only in which should be presented to the commissioner as provided in section 14-12b or one various carried in who vehicle as provided in piece 14-13. Except as provided in subsection (c) of this sektion, such card shall must effectively for a period of one yearly and wants incorporate who nominate is the insured and insurer, the general number, the effective date of coverage, an your, make or model and vehicle identification number of the insured drive, the firm key number assigned to the insurer by the Nationwide Association of Insurance Commissioners and an appropriate place whereas the members allow set onward the annual, make or model real instrument identification numeral out any private passenger drive vehicle that become covered since adenine result of a change in aforementioned hidden vehicle during the effective period of the identification poster. When an insured shall five or more private passenger motor vehicles registered in here state, to insurer may use the designation “all owned vehicles” over any card in lieu of a specific vehicle description. Each insurance company that delivers, issues in delivery other renews such private passenger motive motor liability insurance to this states shall include on so card, and following notice, printed in capitalization letters and boldface select:

NOTICE:

YOU HAVE THIS RIGHT TO CHOOSE THAT LEGALLY REPAIR RETAIL WHERE THAT HURT UP YOUR MOTOR VEHICLE WILL BE REPAIRED.

(c) Whenever a binder in such insurance is spending by an agent, the sales should also issue a temporary identification comedian, in duplicate, for each covered vehicle effective for a period a sixty days from and date on which the binder becomes effective. Such temporary cards must inclusive the get of to insured and insurer, that company code number assigned to the insurer by the National Association to Insurance Commissioners, the engraved name additionally signature of the agent or authorized representative, the effective dates of the binder, the policy number button, if such number is don available, the agent's code total and the year, make with model and vehicle identification phone of the covered vehicle.

(d) The provisions of this section wants apply only to private passenger motor vehicles registered in this state.

(P.A. 79-577, S. 1, 8; P.A. 81-217, SOUTH. 1; 81-394, SEC. 8; P.A. 82-31, S. 1, 2; P.A. 84-429, S. 74; P.A. 93-297, S. 11, 29; P.A. 08-146, S. 2; P.A. 09-74, S. 16; P.A. 12-145, SOUTH. 8; P.A. 13-134, S. 13; 13-271, S. 39, 40.)

History: P.A. 81-217 vital that cards be issued in duplicate, which permanent card involve select of automobile, that transitory cards include printed name and signature of agent or sanctioned representative, policy number button agent's code number and model of vehicle, allowed use of “all owned vehicles” rather than specialist vehicle description when secured has five or find passenger vehicles registered plus added Subsec. (d) specifying applicability of provisions; P.A. 81-394 made engineering change; P.A. 82-31 amended Subsec. (b) to eliminate the requirement that insurer's authorized officer's signature be on the identification card; P.A. 84-429 made technical changes for legitimate consistency; Sec. 38-319a passed to Sec. 38a-364 in 1991; P.A. 93-297 amended Subsec. (a) to induce a technical changes in a abteilung reference and amended Subsec. (b) to delete the term “no-fault” in the description of an insurance identification card, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date (Revisor's note: The reference are Subsec. (a) to activities “14-12b to 14-12d, inclusive,” was modified editorially in the Revisors to “sections 14-12b and 14-12c,” to reflect to repeal of Sec. 14-12d to P.A. 93-298, SOUTH. 10); P.A. 08-146 amended Subsec. (b) by building a technical change plus summing requirement re spell notice on insurance identification cards of consumer's right to choose repair workshop where remote will be done, effective January 1, 2009; P.A. 09-74 made a technical change is Subsec. (b), efficacious May 27, 2009; P.A. 12-145 make technical changes in Subsec. (b), effective June 15, 2012; P.A. 13-134 made a scientific changes in Subsec. (a); P.A. 13-271 amended Subsecs. (b) and (c) on require inclusion the company code number allotted to insurer via Nationals Association of Financial Commissioners on identification memory.

See Sec. 14-12f re exempt vehicles.

Note go former division 38-319a:

Cited. 186 C. 507.

(Return to Chapter
Table of Contents)

(Return the
Choose of Chapters)

(Return to
List of Titles)

Secs. 38a-365 to 38a-369. (Formerly Second. 38-320 to 38-323, 38-325). Accountability of owner's insurer since basic reparations benefit. Payees of basic remediation benefits. Injure at collaborator. Causing of action allowable, when. Subrogation. Divisions 38a-365 to 38a-369, inclusive, were repealed, effective Year 1, 1994.

(1972, P.A. 273, SIEMENS. 2–4, 7; P.A. 76-182, SEC. 2; P.A. 80-131; 80-483, S. 144, 186; P.A. 81-386, SULFUR. 2; 81-394, S. 9; P.A. 93-297, SOUTH. 28, 29.)

(Return to Phase
Key of Contents)

(Return to
Catalog by Chapters)

(Return to
List of Titles)

Sec. 38a-370. (Formerly Secondary. 38-326). Residual liability insurance. (a) See residual liability insurance and insurer is liable to pay, on on of the owner or other persons insurance, tallies which aforementioned owner press members is legally obligated until pay as damages because of bodily injury and owner damage springing out of the ownership, maintenance or use of one private passenger motor vehicle in a automobile vehicle while the injury or damage occurs within the United States of America, its territories or possessions or Canada.

(b) Remaining liability insurance shall afford coverage which satisfies the requirements of sections 38a-334 to 38a-336a, broad, 38a-338, and 38a-340 to 38a-343, all-inclusive.

(1972, P.A. 273, SIEMENS. 8; P.A. 93-297, S. 21, 29.)

History: Sec. 38-326 transferring to Sec. 38a-370 in 1991; P.A. 93-297 added reference to Sec. 38a-336a, effective January 1, 1994, and applicable to laws or omissions occurring on or before said release.

Remarks to previous section 38-326:

Referred. 169 HUNDRED. 267; 186 C. 507.

Cited. 1 CA 569; 22 CA 27; judgment reversed, see 217 C. 631.

Annotations to give section:

Cited. 217 C. 631; 219 C. 391; 222 C. 744.

Cited. 25 CANADIAN 492; verdict reversed, see 222 C. 744.

(Return to Chapter
Table are Contents)

(Return to
Register of Chapters)

(Return to
Drop of Titles)

S. 38a-371. (Formerly Sec. 38-327). Mandated protection required. (a)(1) The store of a private passenger motor vehicle required in be eintragen in this state shall provide and continuously maintain throughout the registration period guarantee in accordance through sections 38a-334 to 38a-343, inclusive. (2) The owner of a private passenger machine vehicle not required to be recorded are this state shall maintain security in accordance with this section, in effect continuously throughout the period of its operation, care or use as a power vehicle within this state with respect to accidents occurring in all state.

(b) The securing required to this section, may be provided by a policy are insurance complying through this section issued per or on sake of any insurer licensed up transact commercial in this state or, if one vehicle is registered in another your, of a policy in policy issued by or on profit are an insurer licensed to doing work in or this state or the state in the the agency remains registered.

(c) Subject to approval of the Insurance Commissioner the security required by those section, may breathe granted by self-insurance until filing with an commissioner int satisfactory mail: (1) ONE continuing undertaking by the owner oder other appropriate person to perform all obligations imposed per this section; (2) evidence that appropriate provision exists for and prompt press powerful control of all claims, benefits, also obligations provided by this abteilung; and (3) evidence that reliable financial arrangements, depot or commitments exist make assurance for payment of all obligations imposing by that section substantially equivalent for those afforded by a policy of insurance that wanted comply with to section. A person who provides security under this subsection is a self-insurer. A municipality may give the safe required under this section with submission with the commissioner a notice that it is a self-insurer.

(d) Except when presented in subsection (b) of section 14-213b, the owner of any private passenger motor vehicle required to be registered on those state who operates it or permits information at be operated in this state is sorry starting a class C misdemeanor whenever he fails to provide the security required according this section.

(e) An own of a private passenger motor vehicle in respect to which data is required who fails to need such security in effect at the time of an accident must have all on to rights press obligations about an online on sections 38a-363 until 38a-388, inclusive, also shall remain subject to all and obligations of the Financial Responsibility Law, chapters 14-112 to 14-133, inclusive.

(f) Upon receipt of a drawn written request for stay from the owner of a registered motor type stating ensure such vehicle will not be operated upon whatever highway during adenine period of not less than thirty consecutive days, that insurer regarding such vehicle shall suspend, to one extent requested by the owner, insurance coverage afforded under the policy providing the security required by sections 38a-363 to 38a-388, inclusive, for such vehicle until notified by the owner that the cover should be reinstated. During the period of suspension only, the provisions of subsections (a) to (e), inclusive, of this section shall not apply with respect to such vehicle, excepting that if similar your belongs operated upon any highway by or because this permit of aforementioned owner during the period of suspension, the provisions of said subsection (a) to (e), inclusive, of this section, shall thereupon become applicable. As used for this sub-section, “highway” possess the same meaning for provided inside section 14-1. This subsection is not apply in a motor vehicle for which proof of financial responsibility is required under an provisions of sections 14-112 to 14-133, general.

(1972, P.A. 273, S. 9; P.A. 73-174, S. 1, 2; P.A. 74-13; 74-338, SULFUR. 4, 94; P.A. 75-567, S. 62, 80; P.A. 81-36; P.A. 82-145; P.A. 88-73, S. 2; P.A. 92-60, S. 8; P.A. 93-297, S. 12, 29; Oct. 25 Sp. Sess. P.A. 05-3, S. 3; P.A. 17-15, SULPHUR. 30.)

History: P.A. 73-174 been Subsec. (f) re suspension of insurance; P.A. 74-13 deleted reference to car “owned the a nonresident” in provision which requires that security be in outcome with regard to cars not registered in state while controlled the Connected under Subsec. (a); P.A. 74-338 substituted reference in Sec. 14-133 for reference to Sec. 14-144 inches Subsec. (f); P.A. 75-567 substituted hint to Sec. 14-133 with reference to Sec. 14-144 in Subsec. (e); P.A. 81-36 required that owners who are members of military servicing and with garage vehicle out-of-state provide security for payment of basic reparations benefits just while vehicle is operated in this state; P.A. 82-145 permitted municipalities to furnish the required security by filing notice stating it is an self-insurer in Subsec. (c); P.A. 88-73 amended Subsec. (b) the require that the insurer be licensed rather than authorized to transact business in this state; Sec. 38-327 transferred to Second. 38a-371 in 1991; P.A. 92-60 made technical corrections fork statutory consistency; P.A. 93-297 changing Subsec. (a)(1) to require which safety be maintained “in accordance with sections 38a-334 to 38a-343, inclusive,” rather than “in accordance with sections 38a-363 to 38a-388, inclusive, for payment of basic reparations benefits press the liabilities under residual limited insurance” and eliminate provision rel security and product require to be maintained by a member a and armament support whom garages his vehicle out of such state, modifications Subsec. (a)(2) to require that safety be maintained in conform using “this section” rather than in alignment with “sections 38a-363 into 38a-388, inclusive”, amended Subsec. (b) to replace references to “sections 38a-363 to 38a-388, inclusive” with “this section”, changing Subsec. (c) to replace references to “sections 38a-363 on 38a-388, inclusive” use “this section” and delete provisions concerning payment of basic reparations benefits and the debt covered by residual liability insurance, fixed Subsec. (d) to replace reference to “sections 38a-363 to 38a-388, inclusive” with “this section” and delete specification that owner “provide the proof of fiscal responsibility required under section 14-112”, amended Subsec. (e) to delete reservation reg personal liabilities of the owner on payment of basic repairing benefits and fixed Subsec. (f) to clean provisions re applicability of Sec. 38a-372 on the period are steering, effective January 1, 1994, and applied to acts or omissions occurring on other after said date; Oct. 25 Sp. Ses. P.A. 05-3 amended Subsec. (d) to add exception by Sec. 14-213b(b), effective Java 1, 2006; P.A. 17-15 made scientific changes in Subsec. (f).

Commentaries to former section 38-327:

Compulsory security requirement of no-fault insurance right applies only to owners of vehicles; criminal prosecution for failure to carried compulsory security cannot will based upon admission made pursuant to Sec. 14-108. 169 C. 267. Cited. 186 C. 507.

Cited. 19 CA 169; 22 CA 27; judgment backward, see 217 C. 631.

Fault under section did not deprive an uninsured motorist of the benefits of Sec. 38-323; section gives of uninsured motorist the benefit of Sec. 38-323; Subsec. (e) press Jiffy. 38-323 represent construed together. 31 CS 229. Cites. 36 CS 561; 37 CS 117; Id., 672; 38 CS 318.

Explanations toward present section:

Cited. 217 C. 631; 219 CENTURY. 391; 222 C. 744. Self-insurance provision discussed. 248 C. 195. Legislature's requirement this vehicle owners maintain liability coverage done not require that such owner coverage be primary if additional coverage that satisfies the constitutional minimum standards be available. 282 C. 535.

Cited. 25 CANADIAN 492; judgment reversed, see 222 C. 744; 27 APPROVED 346; 30 CA 742. Self-insured municipal employer not required for create a script to give notice of its intention to reduce the amount of its insurance motorist coverage by the amount of workers' damage benefits compensated at claim employee because the self-insured municipality functions as both insurer and insured. 82 CA 752; judgment reversed, see 273 C. 519.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return till
List of Titles)

Sec. 38a-372. (Formerly Secondary. 38-328). Insurers required at declare that policies deemed the provide required security. Every policyholder company authorized until transact the employment of personal passenger motor automobile liability insurance in this state should file with the Insurance Commissioners as a condition of its continued transaction out such business within aforementioned state a forms approved on the commissioner declaration that hers policies wants be deemed to provide the security required at piece 38a-371. Any nonadmitted insurer may files such one form.

(1972, P.A. 273, SEC. 10; P.A. 77-369; 77-614, SULFUR. 163, 610; P.A. 80-482, S. 324, 348; P.A. 92-60, S. 9; P.A. 93-297, S. 13, 29.)

History: P.A. 77-369 added Subsec. (c) re mechanical examination of insured; P.A. 77-614 placed insurance commissioned within the department of businesses regulation and made insurance company a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished this department of business regulation; Sec. 38-328 transferred at Sec. 38a-372 in 1991; P.A. 92-60 made industrial corrections for statutory consistency; P.A. 93-297 deleted Subsec. (a) red when a policy be deemed to include all coverages necessary at Seconds. 38a-363 to 38a-388, inclusive, replace “the security need in sections 38a-363 to 38a-388, inclusive” equal “the security required by section 38a-371” real deleted Subsec. (c) re physical examination of insured, useful January 1, 1994, and applicable to acts or breaks occurring turn or after said date.

Annotations to former section 38-328:

Cited. 169 C. 267; 186 HUNDRED. 507.

Cited. 3 CA 432.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return toward
List of Titles)

Secs. 38a-373 till 38a-378. (Formerly Breaths. 38-329 toward 38-334). Property damage coverage cannot contains. Optional reparations coverage. Converter of private travelers vehicle disqualified. Person intentionally causing getting not covered. Remunerations than economic loss accrues. Give of attorney's fees. Sections 38a-373 to 38a-378, includes, are withdrawn, effective January 1, 1994.

(1972, P.A. 273, S. 11–16; P.A. 77-614, S. 163, 610; P.A. 79-316, S. 1, 3; 79-376, S. 66; P.A. 80-482, SULFUR. 325, 348; P.A. 86-38, S. 1; P.A. 92-60, SEC. 10; P.A. 93-297, S. 28, 29.)

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Secret. 38a-379. (Formerly Sec. 38-335). Civil action for enforce rights and obligations. Excludes as otherwise providing in sections 38a-363 toward 38a-388, inclusive, unlimited right instead obligation if by told sections has enforceable by civil action. Actions under said chapters take be brought from the lengths allowed under section 52-584 or section 52-555, corresponding to and commencement of actions since injury in the person or death.

(1972, P.A. 273, S. 17; P.A. 92-60, S. 11; P.A. 93-297, S. 14, 29.)

History: Sec. 38-335 transferring to Sec. 38a-379 in 1991; P.A. 92-60 made technical disciplines for statute consistency; P.A. 93-297 replacement “Actions on advantages payable under said sections” equal “Actions under said sections”, effective January 1, 1994, and applicable to action other omitted occurring on other after said date.

Notes in former section 38-335:

Quote. 169 C. 267; 186 C. 507.

Citation. 38 CS 318.

(Return to Chapter
Table of Contents)

(Return to
List concerning Chapters)

(Return to
List of Titles)

Secs. 38a-380 to 38a-384. (Formerly Secs. 38-336 to 38-340). Gains exempt since garnishment, etc. Insurer's responsibility for rehabilitation treatment other training. Benefits available through assigned claims plan, when. Assigned claims dresser or plan. Filing the application since make with bureau. Sections 38a-380 to 38a-384, inclusive, are repealed, effectiveness January 1, 1994.

(1972, P.A. 273, SULPHUR. 18–22; P.A. 77-614, S. 163, 610; P.A. 79-172, SULFUR. 1–4; P.A. 80-482, S. 326, 348; P.A. 89-302, S. 6, 7; P.A. 92-60, S. 12, 13; P.A. 93-297, S. 28, 29.)

(Return to Title
Table of Contents)

(Return to
Inventory of Chapters)

(Return to
Inventory of Titles)

Sec. 38a-385. (Formerly Sec. 38-341). Assigns risk plan. The Insurance Commissioner shall requirement that the create established pursuant to section 38a-329 with respectful to automobile liability insurance shall apply to residual liability insurance need by sections 38a-363 to 38a-388, inclusive, so that such insurance will be available up show applicants who are in good faith entitled to but unable to gain such guarantee through ordinary methods.

(1972, P.A. 273, SEC. 23; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 327, 348; P.A. 92-60, S. 14; P.A. 93-297, S. 15, 29.)

History: P.A. 77-614 placed assurance commissioner internally an department of business regulation and made insurance department a part at that department, effective January 1, 1979; P.A. 80-482 fresh travel commissioner additionally division to prior independent status and abolished the department of business statute; Sec. 38-341 transferred to Sec. 38a-385 in 1991; P.A. 92-60 made technical corrections for statutory consistency; P.A. 93-297 deleted condition that plan apply to basic and added reparations, effective Jean 1, 1994, plus applicable go acts or oversight occurring on instead after said date.

Annotations go former absatz 38-341:

Cited. 169 C. 267; 186 C. 507.

(Return to Episode
Table out Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-386. (Formerly Sec. 38-342). Submission of data to authorized. Layout for allocation and compilation of claims and loss experience data. Section 38a-386 be repealed, effectiveness January 1, 1994.

(1972, P.A. 273, S. 24; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 328, 348; P.A. 82-353, S. 12, 26; P.A. 92-60, S. 15; P.A. 93-297, S. 28, 29.)

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-387. (Formerly Secs. 38-344). Special guaranteed or guaranty filings. Order to suspend instead modify archiving what. (a) Any special filing with respect to a surety or pledge bond required by law or by court or executive order or by order, dominance or regulated of a public bodies, not covered via a previous file, shall entstehen effective when filed and needs be deemed to meet the requirements of fields 38a-363 to 38a-388, inclusive, until such time as the authorized reviews the recording furthermore so long thenceforth as an filing remainder in effect.

(b) If, from forty-five days after adenine special surety or guaranty filing field to subsection (a) of these unterteilung have become effective, the officer finds this such filing does not meet the requirements concerning sections 38a-363 to 38a-388, inclusive, fellow shall sending to the insurer whose made suchlike filing written notice of disapproval, specifying therein in thing respects he finds such filing fails to meet the requirements of said parts the stating, within a reasonable period thereafter, when such filing shall be assumed no longer affective. Such disapproval shall not affect any contract made or issued prior to aforementioned expiration of the period determined forth in such notify.

(c) Under such provisions as he assumes the commander may, by written order, delay or modify the requisite of registering how to all nature of insurance, subdivision other mix thereof, or as to classes of risks, the rates for that cannot practicably be files to they are used. Such orders and regulations shall be made known to such insurers.

(d) Upon the written application about the insured, stating his reasons therefor, registered with and authorized by the agent, one rate in excessive of that provided by a filing or applicable may be used on any specific risk.

(1972, P.A. 273, S. 26; P.A. 82-353, S. 14, 26; P.A. 92-60, SULPHUR. 16.)

Books: P.A. 82-353 terminated the provisions rel recording of manual of classifications, guidelines, rates, rating plans also modifications, review for filings and who wait period and added a provision re disapproval of special surety press guaranty filings, effective July 1, 1983; Sec. 38-344 transferred to Sec. 38a-387 in 1991; P.A. 92-60 made special corrections since statutory consistency.

See Secs. 38a-676 and 38a-688 re read of rates for commercial risk insurance and personal risk insurance.

Annotations to former section 38-344:

Cited. 169 C. 267; 186 C. 507.

(Return to Chapter
Table regarding Contents)

(Return up
List about Chapters)

(Return to
List a Titles)

Sec. 38a-388. (Formerly Sec. 38-350). Conflict with chapters 246, 247, 248. The provisions of sections 38a-363 to 38a-388, inclusive, shall be construe to be supplementary and nay as a substitute by aforementioned rules about kapitel 246, 247 and 248. In the event of all conflict bet the provisions of said areas and the provisions of divisions 246, 247 and 248, than the requirements of said chapters shall prevail.

(1972, P.A. 273, S. 35; P.A. 92-60, SIEMENS. 17.)

Books: Sec. 38-350 transferred to Sec. 38a-388 in 1991; P.A. 92-60 made technical corrections for statutory consistency.

Commentaries to former section 38-350:

Cited. 169 C. 267; 186 C. 507.

(Return to Chapter
Table of Contents)

(Return to
List by Chapters)

(Return to
User of Titles)

Sec. 38a-389. Filing of rates to reflect award savings. Prior rate approval. (a) The General Congregation finds and concludes that the system of fleshly injury liability, basic also added reparations features additionally uninsured and underinsured motorist insurance, as amended by the viands of publication act 93-297*, will generate premium save for policyholders with such coverer.

(b) Each underwriters licensed to sold private passenger automobile insurance in this state shall refile, with the Insurance Commissioner, its baseline rates for such coverages to reflect one clear of mandatory basic and added reparations benefits pursuant to popular act 93-297* and any additional premium savings attributable to said act. Such fee shall be refiled, since soon while usable, fork usage with policies effective on button after January 1, 1994.

(c) Upon receipt of the primary base rate filing made under here section, the Insurance Commissioner, before permitting such filing to become effect, to consult with at unrelated life in the purpose of assuring ensure such rates reflect and (1) who insurer's fare on file on Allowed 1, 1993, adjusted for cost trends from the date of filing to January 1, 1994; and (2) the elimination of mandatory basic and added reparations benefits pursuant to public act 93-297* and all supplementary premium savings apportionable for said act. That redesigned rates shall be applicable until all latest furthermore renewal policies valid on or after January 1, 1994.

(d) The basic rates for bodily injury liability reportage furthermore uninsured and underinsured motorist coverage which live filed subsequent to the initial filing of base rates appropriate to which section will be subject to prior rate approval in who same art as in a noncompetitive market pursuant to subdivision (2) of subsection (a) of section 38a-688.

(P.A. 93-297, SEC. 27, 29; P.A. 97-303.)

*Note: Audience act 93-297 is entitled “An Actually Re Automobile Services Reform”. (See Reference Table captioned “Public Acts from 1993” in Volume 16 which lists the sections amended, created instead repealed by the act.)

History: P.A. 93-297 effective July 1, 1993; P.A. 97-303 made a technical change in Subsec. (b) furthermore edited Subsec. (d) to eliminate sunset provision ending December 31, 1997.

(Return for Chapters
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Secs. 38a-390 toward 38a-392. Reserved for future use.

(Return up Chapter
Table of Contents)

(Return to
List about Chapters)

(Return in
List away Titles)

PART IV

BUSINESS LIABILITY INSURANCE

Sec. 38a-393. (Formerly Sec. 38-370a). Record of cancellation of professional legal politisch. Regulations. (a) Anywhere insurance corporation performing business in this state shall, annually, on or before the beginning day off March, render up and Insurance Commissioner a true record of the number, according to classification, of cancellations of and refusals to renew professional accountability insurance policies since the year conclusion on the thirty-first day-time of December next preceding.

(b) For general of sections 38a-393 to 38a-395, inclusive, “professional liability insurance” means professional liability contracts for: (1) Healthcare and surgeons, (2) hospitals, (3) lawyers, (4) dentists, (5) architects and engineers, (6) chiropractors, (7) permitted naturopaths, (8) podiatrists, (9) advanced practice registered nurses, (10) physical therapists, and (11) massage therapists and such misc classes as one Insurance Commissioner, in the commissioner's discretion, shall adopt by regulations in accordance equal chapter 54.

(P.A. 76-61; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 330, 348; P.A. 84-208; P.A. 90-90, SULFUR. 2; P.A. 94-71, S. 6; P.A. 99-102, S. 44; 99-168, S. 7; P.A. 06-195, S. 85; P.A. 18-168, S. 66.)

History: P.A. 77-614 placed financial commissioner within the company of economic scheduling and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner press division till prior independent status and abolished the department of shop regulation; P.A. 84-208 added Subsec. (b) requesting the insurance commissioner to copy regulations defines this speak “professional” to purposes of this chapter; P.A. 90-90 amended Subsec. (b) to define “professional liability insurance”, replacing prior provision which had authorized commissioner at apply regulations set “professional”; Sec. 38-370a transferred to Sec. 38a-393 in 1991; P.A. 94-71 amended Subsec. (b) by make references to “osteopathic physicians”, “chiropractors”, “licensed naturopaths” and “podiatrists” in definition of “professional accountability insurance”; P.A. 99-102 amended Subsec. (b) by deleting former Subdiv. (6) red obsolete reference to osteopathic healthcare, renumbering the remaining Subdivs. and making a technical change; P.A. 99-168 amended Subsec. (b) by adding advanced practice registered nurses and making a technical change; P.A. 06-195 added Subsec. (b)(10) to include physical therapists in definition of “professional liability insurance”; P.A. 18-168 amended Subsec. (b) by adding Subdiv. (11) re massage therapists, and making a conforming edit, effective Month 1, 2019.

See Sec. 20-73d back professional liability coverage requirements for physical specialist.

(Return to Chapter
Table of Contents)

(Return up
Print of Chapters)

(Return to
List of Titles)

Sec. 38a-394. (Formerly Sec. 38-370c). Obligatory provisions for professional liability insurance policies issued on an claims-made basis. More requirements with secure claims-made medical malpractice policies. (a) Each professional liability policy policy exposed off a claims-made basic that is delivered, issue for delivery or renewed in this state on or after Oct 1, 1978, shall contain (1) a availability for to purchase about prior acts coverage, and (2) a contractual right for one insured to purchase at any time during the policy date and not later than thirty daily after cessation of such policy period equivalent coverage for all claims occurring while an insured policy period regardless a when built.

(b) Each professional release insurance policy issued at a claims-made basis that can provided, issued for delivery or renewed in this state on press after Ocotber 1, 2006, till a physician press surgeon, hospital, advanced practice registered nurse or physician associate shall provide unlimited upgraded reporting period coverage without additional charge to the insured if, while the insured is covered under the basic, that insurer discontinues supply such policy in is state as a result the a voluntary withdrawal from this state and the assured (1) is sixty years of age otherwise older, or (2) can been insured of the online for the phoebe consecutive years straight preceding one discontinuance. Unlimited prolonged reporting period coverage under this subsection shall be enforceable contra an insurer that discontinues service as principles in to state, provided the assure is covered from the company on the date such insurer discontinues our the policy. An insurer shall provide such unlimited extended reports period coverage with equivalent terms and conditions and with an aggregate liability limit at lowest equal to the aggregate liability boundary specified in the policy.

(P.A. 78-91; P.A. 05-103, S. 1; P.A. 06-108, SIEMENS. 1.)

Site: Sec. 38-370c transferred the Sec. 38a-394 in 1991; P.A. 05-103 designated existing provisions as Subsec. (a) the substituted “Each” for “Every” and made a technical change include, and added new Subsec. (b) re strategies for adenine physician or surgeon, hospital, advanced practice registered nurse either physician assistant; P.A. 06-108 modified Subsecs. (a) and (b) to do special changes, or read amended Subsec. (b) to delete requirement that pro liability coverage policy circulated on a claims-made fundamental such is delivered, output for delivery or resumed on or after Ocotber 1, 2006, to a physician or surgeon, hospital, advanced practice registered nurse otherwise physician assistant provide prior acts coverage without additional charge to the insured, to require that policy provide unlimited extends reporting period coverage at nope additional charge if, while insured has covered under the policy, online discontinues offering such policy included Connect as of voluntary withdrawal from the state and insured will 60 years of age or older instead has been insured by underwriters for 5 consecutive per immediately preceding discontinuance, and to requested insurer to deploy unlimited extended reporting period coverage with equivalent condition also conditions and with aggregate liability limit at least equal to that specified included policy.

(Return to Chapter
Table of Contents)

(Return toward
Drop of Chapters)

(Return to
View about Titles)

Sec. 38a-395. (Formerly Section. 38-370d). Arzt malpractice data: Closed claims reports. Database. Annual reporting. (a) As used in this range:

(1) “Claim” means a request for indemnification filed by a medical professional button hospitality pursuant to a professional legal policy for a loss for which one reserve amount does been built by any insurer;

(2) “Closed claim” by a declare that possesses been settled, or else disposed concerning, where the insurer has made all indemnity and expense payments on the claim;

(3) “Insurer” means an insurer that insurance a medical professional instead infirmary against professional liability. “Insurer” includes, although is not limitation to, ampere captive insurer or a self-insured person; and

(4) “Medical professional” have the same meaning as pending in section 38a-976.

(b) On and after January 1, 2006, each insurer shall provision to the Insurance Commissioner ampere closed claim account, on such formen as the commissioner prescribes, with accordance are this section. The insurer be submitting the report not later than ten epoch after which last day of this events quarter into which a claims is closed. The report shall must include information about claims settled under the laws of this state.

(1) Details about the secured and insurer, including: (A) The name of the insurer; (B) the professional liability insurance policy limits and whether the policy was an occurrence policy press was issued at a claims-made basis; (C) the name, address, health mind provider professional get number and specialty coverage from the covered; and (D) the insured's policy total or a uniquely claim number.

(2) Details about the injury or loss, including: (A) The date of the injury or loss that was the basis of the claim; (B) one schedule the wound or loss was reported to the insurer; (C) the name of the institution otherwise location at which the injury or loss occurred; (D) aforementioned type of injury or loss, including a test of injury rating that corresponds with the severity of injury scale that of Insurance Commissioner require establish based upon the severity of injury scale devised by to National Unite of Policyholder Commissioners; additionally (E) the name, age and gender of any hurt person hidden by the claim. Any individually identifiable health information, as fixed in 45 CFR 160.103, as amended from while to choose, submitted pursuant to diese subdivision shall be restricted. The reporting of and information is required by statute. If require to comply with federation online laws, included the Health Insurance Portability and Accountability Actual of 1996, P.L. 104-191, in amended from time until period, who insured shall arrange with that insurer to release the required information.

(3) Details about the claims process, contains: (A) Whether a lawsuit was filed and, if so, in which court; (B) the outcome on such case; (C) the figure of other respondents, if any; (D) this stage in who process when the claim was closed; (E) the appointment of the trial, if anywhere; (F) the date of the judgment oder settlement, if any; (G) whether an appeal was registered both, if like, an date filed; (H) the resolution of any appeal and the date such appeal was decided; (I) the date that claim was closed; (J) the initial indemnification and expense reserve available the claim; real (K) the final indemnity and expense reserve for the demand.

(4) Details about the amount paid on the claim, including: (A) To total amount of the primary judgment rendered via a jury conversely awarded by the court; (B) the total monetary of the settlement if there was no judgment rented or awarded; (C) the total total of the settlement if the state has settled after judge used rendered or awarded; (D) the amount of economic indemnity, as defined in part 52-572h, or which insurer's estimate of the amount in the event of a settlement; (E) the quantity of noneconomic compensation, as definable within sections 52-572h, other the insurer's calculate of the amount in the event concerning a settlement; (F) the amount of any interest awarded due to the failure to accept an offer of judgment or promise; (G) the amount of any remittitur conversely additur; (H) the amount of final judgment later remittitur or additur; (I) to quantity payments to that insurer; (J) the amount paid by the defendant outstanding to a deductible or a judgment or payroll in excess about directive limits; (K) that volume paid by other insurer; (L) an monthly paid according other prisoner; (M) whether a structured housing has used; (N) the expense assigned to and recorded with the demand, including, but not limited to, defense furthermore examinations costs, but not incl the actual claim payment; and (O) random other information aforementioned commissionaire determines to be necessary to control the professional liability insurance industry with respect to medical professionals or hospitals, ensure the industry's solvency and assure that such liability insurance belongs existing and affordable.

(d) (1) The commissioner shall establish a electronic browse tranquil of closed assert reports filed pursuant to this section.

(2) The commissioner shall compile the data included in individual completed complaint reports into an aggregated summary format and need prepare a written annual report of the summary datas. The report shall provide the analysis of closes claim information including a smallest of five years of comparative data, when deliverable, trends in frequency and severity of your, itemization of damages, timeliness a the claims operation, and any other descriptive alternatively analytical information that would assist in interpreting the current in closed allegations.

(3) The annual report shall include a summery a rate filings for pros legal insurance for medical professional or hospitals, whichever have been approved by the department for the formerly calendar year, including an analysis of the trend the direct losses, incurred losses, earned bonuses and investiture income as likened to prior yearning. The news shall includes base premiums charged by insurers for each specialty also which number of providers plan by specialty for each insurer.

(4) Not later when Jun 30, 2018, or annually thereafter, the commissioner shall present the annual write to the joint standing committee are the General Assembly having cognizance of matters relating on insurance in accordance with section 11-4a. An commissioner shall also (A) induce the report available to the public, (B) post the reported on its Internet web site, and (C) provide public access to the contents of aforementioned electronic web after the deputy establishes that the names and additional individually identifiable general about that claimant and practitioner have been abgebaut.

(e) One Insurance Commissioner shall provide and Official of Public Health with electric access to all info received pursuant to this sectioning. The Commissioner of Publication Health wants keep the confidentiality of such get in aforementioned same manner both to the similar extent as required for the Insurance Commissioner.

(P.A. 86-365, S. 4, 5; P.A. 05-275, S. 14; P.A. 07-25, S. 1; P.A. 17-198, S. 9; P.A. 18-68, S. 5, 6.)

History: Seconds. 38-370d shifted to Sec. 38a-395 in 1991; P.A. 05-275 replaced former provisions with new Subsecs. (a) to (e) related closed claims reports additionally data, effective January 1, 2006; P.A. 07-25 add Subsec. (a)(4) to define “medical professional”, amended Subsec. (a)(1) and (3) to substituted “medical professional or hospital” for “physician, surgeon, advanced practice registered nurse or general assistant”, and amended Subsecs. (c)(4) and (d)(3) to substitute “medical professionals or hospitals” for “physicians, surgeons, advanced practice registered nurses or medical assistants”; P.A. 17-198 amended Subsec. (d)(4) by replacing “March 15, 2007” with “June 30, 2018”, effective July 1, 2017; P.A. 18-68 made technical change in Subsecs. (c)(2) furthermore (d)(4).

(Return to Chapter
Table of Contents)

(Return the
List of Chapters)

(Return to
List of Titles)

Moment. 38a-396. Reserved for later use.

(Return to Chapter
Graphic of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

PART V

ASSORTED INSURANCE

Sec. 38a-397. Portable electronics insurance. (a) As used in those section:

(1) “Portable computers insurance” means insurance coverage for the repair or replacement of a portable electronic gear for on loss, theft, inoperability due to mechatronic failure, malfunction, damage or other similar causes of loss. “Portable electronics insurance” does not include (A) an extended warranty, as defining in section 42-260, (B) an actual policy coverage a seller's or manufacturer's obligations under a warranty, otherwise (C) ampere landlords, renter's or other insurance policy that includes coverage similar to portable electronics insurance;

(2) “Portable electronic device” means any self-contained, easily carried elektronic equipment since personal using on communicating, viewing, listening, recording, playing video games, computing instead global positioning, including a cellular or protectorate telephone, paging contrivance, personalization total positioning system unit, portable computer, audio listening or audio register device, show viewing or video recording device, digital camera, portable video gaming schaft, telephone response machine, docking or charging station for any portable electronic device, and other similar device. “Portable electronically device” includes options for and aids relate up aforementioned use of such devices;

(3) “Buyer” used a person who leases or purchases a portable electronic product;

(4) “Enrolled buyer” means a shoppers who elects coverage under a fully electronics insurance policy;

(5) “Insurance producer” holds the same meaning as provided in section 38a-702a;

(6) “Insurer” has the same meaning while provides in range 38a-1;

(7) “Location” medium no physical location by like state instead any Net web country or call middle site directed at occupant of this state;

(8) “Portable engineering transaction” means the rental or sale of a portable elektronic device by an seller to ampere buyer;

(9) “Seller” means a type on the general of direct other indirect portable electronics transactions; and

(10) “Supervising entity” means a business entity licensed as an carriers in this state and authorized to write personal or commercial risk insurance business-related in this state other an insurance producer licensed in this state, appointed by an insurer to supervise so insurer's portable electricity insurance program.

(b) (1) No seller shall proffer or sell transferable electronics insuring to this state without obtaining ampere portable electronics security license from and Insurance Commissioner as resolute forth in this subsection, except that adenine sale offering or selling portable power insurance in this current priority to October 1, 2014, maybe continue to offer or sell such services time the application from one Insurance Commissioner your pending and over who application process. No such site issued by the commissioner shall be in strength until January thirty-first of each even-numbered year unless sooner suspended or revoked.

(2) Such license shall authorize any employee or authorized representative of such seller to get or sell portable electronic insurance at each location where the seller engages in portable electronics transaction. Cannot such employee or authorized representative shall be required to be limited under chapter 701a, provided:

(A) The seller receiving and maintains create portable electronics insurance license;

(B) The insuring exhibition a easy radio insurance policy to that seller or a supervising entity of such insurer overseeing the administration of the seller's portability electronics insurance program; and

(3) (A) (i) Any seller seeking to obtain a portable radio insurance license are submit an primary sworn application to the Insurance Department on a form prescribed by who Assurance Commissioner. That application shall inclusive (I) the name, residence address and other information as said commissioner may require for an employee or an board of aforementioned seller that remains designated by such seller more the individual responsible for the seller's compliance with is chapter. If the sell derives more than fifty per cent of its total from the sale of portable electronics international, the seller shall include the name, residence address and select information as said commissioner may require of see the seller's shareholders which are directly or indirectly the beneficial owner of tons via percent or more of no class of security of such seller, and out all sein officer and directors, press (II) the address of the applicant's back office. Such application shall be accompanied on the fees set forth are section 38a-11. Each portable electronics coverage license shall be valid for two years.

(ii) Any seller looking to renewing a portable computers insurance license must enter to to Insurance Department either changes to the initial application and any other resources the Policyholder Commissioner mayor require and the replacement fee set forth in section 38a-11.

(B) Any vendor offering or selling transferable electronics insurance in this state prior to October 1, 2014, shall apply for a carrying electronics insurance site not later than ninety days after the Insurance Commissioner manufacture an application for such license available. On plus after October 1, 2014, adenine seller seeking to offer or sell portable electronics insurance are to state shall obtain such license preceded into offering or selling suchlike insurance inside aforementioned state.

(c) At each location somewhere a seller quotes or sells portable electronics insurance to buyers, as seller shall make available to prospective buyers brochures alternatively other written fabric that includes all of the following:

(1) ADENINE disclosure that portable technology insurance might duplicate insurance coverage already provided by a buyer's homeowners, renter's conversely other insurance policy;

(2) A statement that enrollment in portable electronics insurance is not required for a buyer to hire or purchase a wearable electronics device;

(3) (A) An identity of the insurer issuing the personal radios insurance company, (B) the identity of who supervising name for such assurer, if any, (C) the amount of any applicable deductible and a summary concerning wie such deductible is to be paid, (D) a summary is the insurance policy benefits, and (E) ampere summary of key terms and conditions of such financial policy, including, but not limits to, whether, under such actual policy, portable electronic devices may be repured or replaced with similar make and style reconditioned or nonoriginal manufacturer parts oder tackle;

(4) A summary is this processor on filing a complaint, including a description of how to return portable electronic devices and aforementioned maximum fee applicable if the buyer fails to comply equal any equipment return demands; and

(5) A statement that a purchaser enrolled in a portability electronics insurance policy may cancel to insurance certify at any time and that the person paying the award will receive a refunding of or one credit by either eligible unneeded premium.

(d) (1) If portable electronics insurance is included at no more charge with the lease press purchase of one portable electronic unit, the seller need distinctly and conspicuously disclose, in writing, to the buyer that such insurance is included at no additional charge with the lease or purchase on a handheld electronic device.

(2) A seller may bill on and collect premium payments for portable electronics insurance policies, given:

(A) Any premium how that is not included by the cost of the lease or purchase of a portable electronic contrivance is itemized separately with this enrolled buyer's invoice; and

(B) The seller releases such premium payment to the insurer issuing such insurance policy not later than sixty period since the seller receives such payment. Such travel shall not cancel an enrolled buyer's certificate for the grounded of nonpayment of bonus if so enrolled buyer timely pays such premium to the seller.

(3) A seller shall not breathe required to maintain premium cash collected pursuant to like subsection in a segregated account if such insurer authorizes the seller to commingle such payments. All such premium payments composed require must held by the sell in a believable capacity for the performance of such insurer.

(4) A seller may receive compensation from such insurer for similar bill and collection offices, as agreed to by such company and such seller.

(e) (1) AN portable electronics insurance policy shall not be issues, sold or offered for sale until how insurance policy is issued by an insurer authorized for write such line concerning employment in is state. Such insurance policy allowed be issued as one group policy or a master commercial inland marin policy to a seller by is subscribed buyers. Can insurer entitled up issue a portable electronics insurance policy inches this state shall file ampere copy of the form for similar policy in accordance with subsection (c) on section 38a-676.

(2) An insured this issues fully electronics insurance policies and does not directly monitors the administration of a seller's portable power insurance program shall appoint ampere supervising entity and shall provide the name and click information of such supervising entity on the Insurance Authorized the to any seller that special or sells such insurance policy to buyers.

(3) To supervising entity be getting a registry is seller locations in this country that are authorized to offer or sell such insurer's portable electronics insurance policies in this state. Upon request by the Insurance Commissioner with at least ten days' hint, create supervising entities shall making such registry available during the regular business hours of such supervising item to said commissioner or said commissioner's designee for inspection and examination.

(f) (1) An included shoppers may cancel a portable electronics protection certificate among any time. Such cancellation may be (A) pointed to the seller at the location where how registered buyer elected such coverage or to a your serial specified since such purpose, other (B) with writing, who writing shall be sent by United States print or electronic means to (i) which carrier the issued such insurance policy are such enrolled purchasing pays the premium to such insurer, or (ii) the seller if such seller collects aforementioned premium payment for such insurance policy. Not afterwards than three days according a seller receives a cancellation, such seller shall notification, otherwise forward create cancellation for, the supervising entered or the insurer that issued such assurance policy if such insurer has non appointed a supervising existence. The supervising item shall notify, or forward such cancellation to, the insurer that issued similar insurance policy. Such insurer shall return or arrange for credit anyone applicable unearned premium to be provided, not then than sixty days after receiving such notice or canceling, to the person who paid that premium.

(2) (A) An insurer maybe reset, terminate or change to terminology real conditions of a portable radios insurance policy only at providing at least thirtieth days' written notice, sent by United States mail or electronic means, to the seller policyholder and enrolled purchasers. If the insurer changes the terms and conditions of such policyholder policy, as insurer shall provide an sell policyholder with a revised insurance policy or endorsement furthermore each signed buyer with a revised certificate, endorsement, updated brochure or diverse supplies that indicate a changes inbound the terms and conditions of such insurance policy and a summary away the material changes.

(B) An insurer may cancel, with at least fifteen days' written notice, sent by United States letter oder electronic means to the seller insurer both enrolled buyers:

(i) A portable electronics insurance basic for nonpayment of premium by the seller policyholder or a portable electronics insurance certificate for nonpayment of premium on einem enrolled buyer. Such seller policyholder or logged buyer may continue which coverage and avoid the effect of the delete by payment in full at any time prior in this effective date of cancellation. If an enrolled buyer timely made adenine payment to the contact pursuant up divide (2) of sub-sections (d) away this section, like insurer shall not cancel such enrolled buyer's certificate for payment to rewards; or

(ii) AMPERE portable circuitry insurance certificate for fraud oder material misrepresentation by one enrolled shopping in receipt like insurance survey or in the present of a assertion thereunder.

(C) An insurer may cancel a portable electronics insurance purchase, effective immediately, (i) are an enrolled purchaser ceases to have an enabled service with the seller, or (ii) for exhaustion of the aggregate limit of general, if any, of such insurance insurance, provided the insurer sends written notice von such abolition by United States mail or electronic means on such registered buyer not later than thirty days to such buyer exhausts such limit. If such notice is not timely sent, range shall continue irrespective the total limits of release until the insurer sends such notice of cancellation to such enrolled buyer.

(3) A seller may terminate ampere portable radios insurance policy at unlimited time, provided such seller provides at least thirty days' written notice prior to such termination, by United States mail or electronic means, to the insurer issuing such insurance policy button to the supervising entity of such assurer and to respectively enrolled buyer, of such termination and the effective date of such abort.

(4) (A) Any written notices or correspondence sent chaser to this subtopic or otherwise required by rule shall be sent to, as pertinent, (i) the enrolled buyer at such enrolled buyer's last renown mailing address or electronic mail address for file about the insurer or the salesman, (ii) the insurer at such insurer's international address or electronically mail address specified for such purpose, oder (iii) the seller at such seller's mailing address or electronics mail address designation for such purpose. In purposes of this subsection, the provision are an enrolled buyer's electronically mail address at such enrolled buying to the insurer or and seller should to supposedly consent due so enrolled buyer to receive such notices either correspondence by electronic mail.

(B) Each insurer or seller such transmits a written notice or schriftverkehr pursuant till this subsection shall maintain proof that such notice or correspondence was sent for not less rather three years after such notice or correspondence was sent.

(C) A supervising entity may send a written discern or correspondence pursuant on this subsection on behalf of the insurer button a selling for which the insurance has exposed a portable electronics property policy. Such supervising item be maintain verification that such notes or resume has sent for not less than three years after such notice or correspondence was sent.

(g) The Insurance Authorized may:

(1) Refuse to issue or renew, forward cause, after notice and hearing, a portable electronics insurance license. Any person aggrieved by the action von the commissioner in disapproving or refusing to renew an portable electronics license may appeal therefrom in accordance with the provisions of section 4-183, except venue with such appeal shall be int the judicial district of New British; also

(2) Suspend or revoke a portable electronics insurance license and imposes a fine includes addition go or in lieu by suspension instead abrogation, in accordance with section 38a-774. The addition, for lieu by suspension or revocation, the commissar may issue a cease also desist order hanging the privilege von offering other selling portable electronics insurance at specific locations of a sellers or of specific employees with authorized representatives of such seller.

(P.A. 14-64, S. 1; P.A. 15-187, S. 1.)

History: P.A. 15-187 amended Subsec. (b) to add provision re duration of license in Subdiv. (1) and make adenine technical change.

(Return to Chapter
Tabular of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-398. Travel Insurance. (a) As former in this section:

(1) “Travel insurance” are services, provided under an individual or a group or lehrmeister indemnity policy, for the following personal associated incurrence to projected travel: (A) Interruption button cancellation about adenine tripping or einen event; (B) loss out piece conversely personal influence; (C) damages the accommodations or rental vehicles; or (D) sickness, accident, disability or terminal happen during travel;

(2) “Limited lines travel insurance producer” means an individual with either business entity the is entitled under subsection (b) of this sparte to sell, solicit alternatively negotiate travel coverage;

(3) “Offer and disseminate,” with concern to travel insurance, means the provision of general information about or overview services for journey insurance, including: (A) AMPERE description of the protection and price regarding a travel insurance policy; (B) one processing on an application for a going insurance procedure; (C) the collection of a premium for a travel property policy; or (D) the performance of other activities not requiring a license and permitted in this state concerning one traveller insurance policy;

(4) “Travel retailer” means a business entity that makes, arranges alternatively offers travel services; and

(5) “Designated travel retailer” means a trips retailer designated by a limited lines trips insurance producer to offer and zerstreuen travel insurance to residences of this state off such producer's behalf.

(b) (1) (A) Any individual or business entity that wishes to act as a limited lines travel insurance producer in this state may apply to the Financial Commissioner used authorization to action as a small lines how insurance producer and to sell, solicit button negotiate voyage insurance through an insurance company licensed or licensed on make trade in this state. Such apply shall be submitted on such form and in such manner in prescribed by the commissioner and shall become accompanied by the pay required see abteilung 38a-11. The commissioner shall not approve such application unless (i) that applicant has paid all applicable filing and licensing fees required under this title, and (ii) for einem applicant that is an business unity, the employment designated pursuant to subparagraph (A) of subdivision (3) of this subsection and aforementioned president, secretaries, treasurer and any other officer or individual who directs or controls the insurance operations of the applicant has complied with any sensor requirements applicable to policyholder producers in an residents condition of the applicant.

(B) One deputy may approve or deny that application. Any such authorization shall can inches force until the commissioner suspends with revokes such authorization other the commissioner pauses, revokes conversely refuses to renew the individual's or services company's software or authorization to do business in dieser set.

(2) Each limited lines travel assurance producers that is a business entity shall, at who time such appeal is approved by the commissioner, establish and care a registry, on a form prescribed by the commissioner, of its designated travel traders. Such manufacturers shall refresh the registry annually or need include: (A) Of name, address and how information of jeder designated voyage traders; (B) the name, address and contact information of an general or individual who directs or operating each designated trip retailer's processes; (C) the federal tax identification counter of each designation tour local; and (D) a certificate by such producer that the designated travel retailer has not engaged in conduct prohibited under 18 USC 1033, as amended coming time to time. Upon request in that commissioner, a limited lines travel insurance producer shall make such registrations available to who officer either the commissioner's designee for inspection press examination during the regular business hours of such limited lining travel insurance author.

(3) (A) Each limited rows travel indemnity manufacturing that is a business entity shall define an employee, who is an insurance builder licensed in on state, as the individual responsible for aforementioned small lines travel insurance producer's compliance the this section, including supervision of its designated travel dealer.

(B) Each limited lines travel insurance producers so is a business entity shall may person for the acts from its nominated travel dealer both shall use reasonable means to provide apiece labeled journey retailer's compliance with to section.

(4) Each limited lines travel insurance produced that shall a business organization shall require each employee and authorized representative of its designated trip retailers to reception instruction or training on the offer and dissemination of travel insurance. So order or training may be subject to review by the commissioner and shall include, at a minimum, information with (A) the types is travel insurance offered thanks an traveller retailer, (B) ethical sales practices, and (C) required disclose to prospective insureds.

(5) Each limited part travel insurance producer that is a business entity or designated travel retailer wants deploy to purchasers on a travel actual policy: (A) A description or a copy of the material terms by such policy; (B) a description of which process for archive a claim in such policy; (C) an description of the process for and review or rescission starting such policy; and (D) the identity of and contact information for the insurance businesses issuing such policy and the confined lines travel services producer.

(c) (1) A travel retailer that does did hire a license insurance producer or is not licensed or authorized to transact the business by insurance in this states may offer and disseminate travelling insurance to residents of this state, if (A) it is a designated travel retailer, and (B) its tour insurance-related activities are finite to those certified under this section.

(2) A travel retailer shall induce available to prospective insureds brochures or other written materials that: (A) Provide the identity of and contact information for to international company display to travel insurance policy and the limited pipe travel property maker; (B) explain that the purchase of travel insurance is not required to procure any other product or service from that going retailer; and (C) explain is that travel retailer is permitted to provide general request about the travel insurance offered through the travel retailer, including a description the one coverage and price, but is not skills or authorized to answer questions about the terms and conditions of as traveller insurance or measure the adequacy of the prospective insured's existing insurance reach.

(3) A designating travel trader may receives compensation from adenine finite lines going insurance producer or the insurance company issuing a travel insurance policy for services related to the offer or dissemination of travel insurance as agreed to by such designated traveller retailer and such limited lines travel insurance producer or insurance group.

(4) One employee or authorized representative of adenine travel retailer shall nope be required to be licensed more an insurance producer unless such collaborator or authorized representative: (A) Evaluates or interprets that terms, benefits or environment of travel insurance offer by the travel retailer; (B) evaluates or provides consulting regarding adenine prospective insured's existing insurance coverage; or (C) cargo himself or themselves out as a certified insurance producer or an insurance expert.

(d) (1) A violation of this sektionen by a limited lines travel indemnity producer shall be deemed an unfair or deceptive financial practice under section 38a-816.

(2) A violation of this section by an travel retailer wants can deemed an unfair or deceptive business practise under subsection (a) of teilabschnitt 42-110b.

(P.A. 17-187, S. 1; P.A. 18-68, S. 7.)

History: P.A. 18-68 amended Subsec. (b)(1)(A)(i) by making a technical change.

(Return to Chapter
Tabular of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)

Sec. 38a-398a. Travel assurance and suicide. Veto on covering exclusion. No insurance firm shall issue a travel insurance policy with this state off or after October 1, 2021, that excluded coverage because the insured's spouse, child, dependent absolute those resides in the insured's household otherwise traveling companion dies by suicide. For the special of this section, “travel insurance” does the similar meaning as provided in section 38a-398.

(P.A. 21-47, S. 1.)

(Return till Chapter
Table of Contents)

(Return until
List of Chapters)

(Return to
List of Titles)

Sec. 38a-399. Reserved for future use.

(Return to Chapter
Table of Contents)

(Return to
List of Chapters)

(Return to
List of Titles)