Title 38a — Title 38a: Insurance

Sec. 38a-709. (Formerly Sec. 38-76b). Termination of producer's appointment and contract. (a) Any insurance company authorized to transact fire or casualty business in this state shall, upon termination of a producer's appointment by said company, permit the renewal of all contra…

Sec. 38a-710. (Formerly Sec. 38-76d). Insurers prohibited from cancelling or amending contract of independent producer solely because of adverse underwriting experience. No company shall cancel or amend the contract of an independent insurance producer for property or casualty in…

Sec. 38a-711. (Formerly Sec. 38-92). Payment of commissions to unlicensed persons. Section 38a-711 is repealed, effective September 1, 2002. (1949, S. 2797d; P.A. 94-160, S. 7, 24; P.A. 98-72; P.A. 01-113, S. 41, 42.)

Sec. 38a-712. (Formerly Sec. 38-92a). Report of failure of producer to remit premiums and of checks returned for insufficient funds or otherwise dishonored. Suspension of producer license. (a) Each insurance company authorized or permitted to do business in this state and each re…

Sec. 38a-713. (Formerly Sec. 38-89). Signing or countersigning insurance policies in blank. Penalties. Any insurance producer who signs or countersigns any policy of insurance or countersigns any endorsement thereon in blank shall be fined not more than one thousand dollars, and …

Sec. 38a-714. (Formerly Sec. 38-90). Personal liability of person acting on behalf of insurance company not licensed to do business in this state. Any person making within this state directly or indirectly any contract of insurance on behalf of any insurance company which is not …

Sec. 38a-715. (Formerly Sec. 38-90a). Payment by insured to producer as payment to company. Any payment made by or on behalf of an insured to any producer for policies of insurance which have been issued to such producer for delivery to the insured or issued directly to the insur…

Sec. 38a-716. (Formerly Sec. 38-90b). Premium advancing by producer. Cancellation of policy. (a) If any insurance producer advances, on behalf of an insured, premium for a policy to an insurer, with respect to any property or casualty insurance policy other than one providing cov…

Sec. 38a-717. (Formerly Sec. 38-91). Payment of commissions to producers. Section 38a-717 is repealed, effective September 1, 2002. (1949 Rev., S. 6076; 1961, P.A. 7; 1967, P.A. 11; P.A. 94-160, S. 11, 24; P.A. 01-113, S. 41, 42.)

Sec. 38a-718. (Formerly Sec. 38-76c). Restrictions on negotiation of insurance incidental to extension of credit. (a) As used in this section (1) “bank holding company” has the same meaning as provided in section 36-419, and (2) “lending institution” includes, but is not limited …

Sec. 38a-719. Reserved for future use. PART II THIRD-PARTY ADMINISTRATORS

Sec. 38a-720. Definitions. As used in sections 38a-720 to 38a-720n, inclusive: (1) “Adjuster” means an independent or contracted individual who investigates or settles loss claims. “Adjuster” does not include an employee of an insurer who investigates or settles claims incurred u…

Sec. 38a-720a. License. Exemptions. Written agreement required. (a) No person shall offer to act as or hold himself out to be a third-party administrator in this state unless such person is licensed pursuant to section 38a-720j, or is exempt from licensure pursuant to subsection …

Sec. 38a-720b. Payments of premiums or charges to a third-party administrator. (a) If an insurer or other person utilizes the services of a third-party administrator, the payment of any premiums or charges by or on behalf of an insured to the third-party administrator shall be de…

Sec. 38a-720c. Maintenance of and access to books and records. Examination, audit and inspection. Confidentiality of information. (a)(1) Each third-party administrator shall maintain and make available to the insurer or other person utilizing the services of the third-party admin…

Sec. 38a-720d. Advertising. A third-party administrator shall only use advertising pertaining to the business underwritten by an insurer that has been approved, in writing, by the insurer prior to its use. A third-party administrator that mentions any customer or person utilizing…

Sec. 38a-720e. Responsibilities of insurer or other person utilizing a third-party administrator. (a) Each insurer or other person utilizing the services of a third-party administrator shall be responsible for determining the benefits, premium rates, underwriting criteria and cla…

Sec. 38a-720f. Collection of premiums or charges. Payment of claims. (a) All premiums or charges collected by a third-party administrator on behalf of or for an insurer or other person utilizing the services of a third-party administrator, and the return of premiums received from…

Sec. 38a-720g. Compensation prohibitions. (a) A third-party administrator shall not enter into any written or oral agreement or understanding with an insurer or other person utilizing the services of the third-party administrator that makes or has the effect of making the amount …

Sec. 38a-720h. Disclosures. (a) When the services of a third-party administrator are utilized, such third-party administrator shall issue a benefits identification card to each insured that includes disclosure of, and relationship among, the third-party administrator, the policyh…

Sec. 38a-720i. Delivery of written communications to insureds. Any policies, certificates, booklets, termination notices or other written communications delivered by an insurer or other person utilizing the services of a third-party administrator to such third-party administrator…

Sec. 38a-720j. Surety bond required. Audited annual financial statements in lieu of bond. Application. License renewal. (a)(1) A third-party administrator applying for licensure shall execute a surety bond in an amount determined by the commissioner to be sufficient to protect in…

Sec. 38a-720k. Registration of certain persons not required to be licensed as third-party administrator. A person who is not required to be licensed as a third-party administrator under subdivision (11) of section 38a-720 or section 38a-720a and who directly or indirectly underwr…

Sec. 38a-720l. License renewal filing. (a) Each third-party administrator seeking to renew a license issued pursuant to section 38a-720j shall submit a renewal filing in the form and containing such information as the commissioner prescribes, including evidence that the surety bo…

Sec. 38a-720m. Suspension or revocation of license. (a) The commissioner shall suspend or revoke the license of a third-party administrator, or shall issue a cease and desist order if the third-party administrator does not have a license if, after notice and hearing, the commissi…

Sec. 38a-720n. Regulations. The Insurance Commissioner may adopt regulations, in accordance with chapter 54, to implement the provisions of sections 38a-720 to 38a-720m, inclusive. (P.A. 11-58, S. 34.)

Secs. 38a-721 and 38a-722. Reserved for future use.

Sec. 38a-723. Definition. As used in this title, unless the context or subject matter otherwise requires, “public adjuster” means any person, partnership, association, limited liability company or corporation who or which: (1) On behalf of an insured and for monetary or other com…

Sec. 38a-724. Employment contract required. Cancellation. Solicitation prohibition. (a) The use of an employment contract between a public adjuster and the insured shall be mandatory. (1) Any such contract signed on or after July 1, 2019, shall contain a provision, prominently di…

Sec. 38a-725. Penalty. Any person who acts within this state, either on the person's own behalf or as representative or agent of any other person or any partnership, association or corporation as a public adjuster, unless such person holds a license then in force from the commiss…

Sec. 38a-726. Fees charged. (a) No public adjuster shall charge or collect a fee if, within thirty days of a loss to a structure covered by a fire insurance policy, the insurer offers in writing to pay the full policy limits. (b) Any fee charged to an insured by a public adjuster…

Secs. 38a-727 to 38a-730. Reserved for future use.

Sec. 38a-731. (Formerly Sec. 38-92c). Certified insurance consultants, license required. No person shall, for a fee received or to be received, offer to examine, or examine or aid in examining, any policy of insurance or any annuity or pure endowment contract for the purpose of g…

Sec. 38a-732. (Formerly Sec. 38-92f). Contracts or agreements by certified insurance consultants unenforceable, when. No contract or agreement with a certified insurance consultant of the type referred to in section 38a-731 shall be enforceable by him unless it is in writing and …

Sec. 38a-733. (Formerly Sec. 38-92g). Required acknowledgments by certified consultant. A certified insurance consultant who furnishes any advice or counsel as such consultant, makes any recommendation or gives any information except under the terms of a previously executed writt…

Sec. 38a-734. (Formerly Sec. 38-92h). Certified consultants not to receive payments from insurers or producers for sale of insurance. Exemption for registration under the federal Investment Advisers Act. Disclosures. No person, acting in the capacity of a certified insurance cons…

Sec. 38a-735. (Formerly Sec. 38-92i). Penalty for acting as certified consultant without license. Any person who acts as a certified insurance consultant without such license or during a suspension of the person's license shall be fined not less than two hundred fifty or more tha…

Secs. 38a-736 to 38a-739. Reserved for future use.

Sec. 38a-740. Regulations. The commissioner may by regulation adopted in accordance with the provisions of chapter 54: (1) Establish such proper standards as the commissioner deems necessary to guide surplus lines brokers procuring any such policy of insurance, as is permitted un…

Sec. 38a-741. (Formerly Sec. 38-81). List of unavailable lines of insurance. Diligent effort as to attempt to procure insurance from authorized insurers. Exceptions. (a) The commissioner shall maintain on a current basis a list of those lines of insurance or their components for …

Sec. 38a-742. (Formerly Sec. 38-82). Record of policies procured from unauthorized insurers. The licensee shall keep a complete and separate record of all policies procured from unauthorized insurers under such license. Such records shall be open to the examination of the commiss…

Sec. 38a-743. (Formerly Sec. 38-84). Payments by licensees on gross premiums charged for insurance and for nonadmitted insurance. Penalty. Federal preemption. Applicability. Agreement to allocate nonadmitted insurance premiums taxes. (a) Every person, firm, association or corpora…

Sec. 38a-744. (Formerly Sec. 38-85). Liability of licensee. Any licensee acting in conformance with sections 38a-741 to 38a-744, inclusive, and 38a-794 shall not be subject to personal liability as set forth in section 38a-714. (1953, S. 2806d; P.A. 01-113, S. 36, 42; P.A. 12-145…

Sec. 38a-745. (Formerly Sec. 38-86a). Notice on policies issued or renewed by surplus lines insurers. Each insurance policy issued or renewed on or after January 1, 2015, pursuant to sections 38a-741 to 38a-744, inclusive, and 38a-794 by a surplus lines insurer shall bear on its …

Secs. 38a-746 to 38a-749. Reserved for future use.

Secs. 38a-750 to 38a-759. (Formerly Secs. 38-92r and 38-92u to 38-92cc). Insurance administrators. Sections 38a-750 to 38a-759, inclusive, are repealed. (P.A. 88-298, S. 1, 2, 5–14; P.A. 90-243, S. 172; P.A. 91-29, S. 7, 8.)

Sec. 38a-760. Short title: Reinsurance Intermediary Act. Sections 38a-760 to 38a-760j, inclusive, may be cited as the “Reinsurance Intermediary Act”. (P.A. 92-112, S. 22, 35; P.A. 12-145, S. 33.) History: P.A. 12-145 replaced reference to Sec. 38a-760i with reference to Sec. 38a-…

Sec. 38a-760a. Definitions. As used in sections 38a-760 to 38a-760j, inclusive: (1) “Actuary” means a person who is a member in good standing of the American Academy of Actuaries; (2) “Controlling person” means any person, firm, association or corporation who directly or indirect…

Sec. 38a-760b. Licensing. Service of process. (a) No person, firm, association or corporation shall act as a reinsurance intermediary-broker in this state if the reinsurance intermediary-broker maintains an office either directly or as a member or employee of a firm or associatio…

Sec. 38a-760c. Written authorization in certain transactions. Transactions between a reinsurance intermediary-broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party. The a…