Title 38a, Title 38a: Insurance

Sec. 38a-792. (Formerly Sec. 38-77). Casualty claims adjusters. Penalty. Exemptions. (a)(1) No person may act as an adjuster of casualty claims for any insurance company or firm or corporation engaged in the adjustment of casualty claims unless such person has first secured a lic…

Sec. 38a-793. Reserved for future use. PART VII SURPLUS LINES BROKERS

Sec. 38a-794. (Formerly Sec. 38-78). Surplus lines broker's license. (a) Any applicant for a surplus lines broker's license shall be a person, firm, association or corporation who or which is domiciled and maintains an office in this state or a nonresident who or which desires to…

Sec. 38a-795. (Formerly Sec. 38-83). Bond of applicant. Section 38a-795 is repealed, effective September 1, 2002. (1953, S. 2804d; P.A. 87-21; P.A. 01-113, S. 41, 42.)

Sec. 38a-796. Reserved for future use. PART VIII (INSURANCE ADMINISTRATORS)CAR RENTAL COMPANIES

Secs. 38a-797 and 38a-798. (Formerly Secs. 38-92s and 38-92t). Insurance administrators. Sections 38a-797 and 38a-798 are repealed. (P.A. 88-298, S. 3, 4, 14; P.A. 90-243, S. 42; P.A. 91-29, S. 7, 8.)

Sec. 38a-799. Sale of insurance by car rental companies. Permits. Regulations. (a) As used in this section: (1) “Commissioner” means the Insurance Commissioner; (2) “Rental agreement” means a written agreement setting forth the terms and conditions governing the use of a vehicle …

Sec. 38a-800. (Formerly Sec. 38-234). Agents to be licensed. (a) Agents of societies shall be licensed in accordance with the provisions of this section. (b) (1) The commissioner may issue a license to any person who has paid the license fee specified in section 38a-11, and who h…

Sec. 38a-802. (Formerly Sec. 38-185m). Mass marketing of personal lines of property and casualty insurance: Definitions. The following terms as used in sections 38a-802 to 38a-810, inclusive, unless the context otherwise requires or a different meaning is specifically prescribed,…

Sec. 38a-803. (Formerly Sec. 38-185n). Issuance of insurance policy pursuant to mass marketing plan; conditions. An insurance policy may be issued in this state to eligible members pursuant to a mass marketing plan provided the following conditions are complied with: (1) Mandator…

Sec. 38a-804. (Formerly Sec. 38-185o). Maintenance of policy on termination of employment, membership or plan. Continuation during temporary interruption. (a) Upon termination of his employment, other than by retirement, or his membership or upon the termination of the mass marke…

Sec. 38a-805. (Formerly Sec. 38-185p). Insurer to maintain statistics. Inspection by commissioner. An insurer issuing policies under a mass marketing plan shall maintain separate statistics as to loss and expense experience pertinent thereto. Such data shall be available for insp…

Sec. 38a-806. (Formerly Sec. 38-185q). Underwriting standards. Conditions on sale. Guaranteed issue required for limited time. (a) No insurer shall use underwriting standards for individual risk selection in a mass marketing plan which are significantly more restrictive than the …

Sec. 38a-807. (Formerly Sec. 38-185r). Disclosure of conditions and terms of policy. Disclosure of sponsor's financial interest in plan. An insurer or producer issuing a policy under a mass marketing plan shall, prior to the issuance of such policy, make a full and fair disclosur…

Sec. 38a-808. (Formerly Sec. 38-185s). Applicability of statutes. On and after July 1, 1971, no insurer shall issue a policy to an eligible member under a mass marketing plan unless such plan complies with the provisions of sections 38a-802 to 38a-810, inclusive, provided said se…

Sec. 38a-809. (Formerly Sec. 38-185t). Regulations. The commissioner may promulgate such regulations as he deems necessary to carry out the purposes of sections 38a-802 to 38a-810, inclusive. (1971, P.A. 464, S. 9.) History: Sec. 38-185t transferred to Sec. 38a-809 in 1991.

Sec. 38a-810. (Formerly Sec. 38-185u). Mass marketing plans for other lines of insurance. Nothing in sections 38a-802 to 38a-810, inclusive, shall be deemed to prohibit the establishment of mass marketing plans for other lines of insurance in addition to those specifically mentio…

Sec. 38a-815. (Formerly Sec. 38-60). Unfair practice prohibited. No person shall engage in this state in any trade practice which is defined in section 38a-816 as, or determined pursuant to sections 38a-817 and 38a-818 to be, an unfair method of competition or an unfair or decept…

Sec. 38a-816. (Formerly Sec. 38-61). Unfair practices defined. The following are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) Misrepresentations and false advertising of insurance policies. Making, issuing o…

Sec. 38a-817. (Formerly Sec. 38-62). Hearings. Subpoenas. Violations. Penalties. Restitution orders. Appeals. (a) Whenever the commissioner has reason to believe that any such person has been engaged or is engaging in violation of sections 38a-815 to 38a-819, inclusive, in any un…

Sec. 38a-818. (Formerly Sec. 38-63). Hearing on unfair practice not so defined. Injunction. Whenever the commissioner has reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the…

Sec. 38a-819. (Formerly Sec. 38-64). Powers to be additional. Regulations. The powers vested in the commissioner by sections 38a-815 to 38a-819, inclusive, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the…

Secs. 38a-820 to 38a-823. Reserved for future use. PART II OTHER PROHIBITED PRACTICES

Sec. 38a-824. (Formerly Sec. 38-64a). Commissioner to adopt regulations prohibiting redlining. Not later than September 1, 1980, the Insurance Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to ensure the availability of insurance on real pr…

Sec. 38a-825. (Formerly Sec. 38-59). Premium rebate or other special favor. Permissible benefits for value-added products or services. (a) For the purposes of this section, “customer” means an applicant, certificate holder, insured, potential insured or potential certificate hold…

Sec. 38a-826. (Formerly Sec. 38-55). Misrepresentation to induce change of insurance. Penalty. No insurance company, producer or any other person, copartnership or corporation shall make or issue, or cause to be made or issued, any written or oral statements, misrepresenting or m…

Sec. 38a-827. (Formerly Sec. 38-93a). Fictitious grouping for insurance purposes prohibited. (a) As used in this section, a fictitious grouping means a grouping for rating purposes whereby a differentiation in rate is based solely upon membership in the group, but does not includ…

Sec. 38a-827a. Discrimination on basis of lawful travel destination prohibited. No life insurance company doing business in this state may deny or refuse to accept an application for life insurance, refuse to renew, cancel, restrict or otherwise terminate a policy of life insuran…

Sec. 38a-828. (Formerly Sec. 38-56). False statement of assets prohibited. No insurance company or health care center authorized to transact business in this state, nor any agent thereof, shall state or represent, either by advertisement in any newspaper, magazine or periodical o…

Sec. 38a-829. (Formerly Sec. 38-57). Advertisements to conform to last filed statement. Each advertisement or public announcement and each circular or card made or issued by any insurance company authorized to transact business in this state, which purports to make known the fina…

Sec. 38a-830. (Formerly Sec. 38-58). Penalty. Any person or corporation which violates any provision of section 38a-828 or 38a-829 shall, for the first offense, forfeit to the state ten thousand dollars and, for each subsequent offense, twenty thousand dollars. (1949 Rev., S. 608…

Sec. 38a-831. (Formerly Sec. 38-32a). Solicitation of insurance contracts from credit cardholders prohibited. Exception. Section 38a-831 is repealed, effective October 1, 1999. (1967, P.A. 729; 1969, P.A. 669; P.A. 96-193, S. 23, 36; P.A. 99-59, S. 4.)

Sec. 38a-832. Written or oral communication advising against retention of attorney in personal injury case prohibited. (a) No insurer licensed to transact business in this state may, on behalf of itself or its insured, send or knowingly permit to be sent any written communication…

Sec. 38a-833. Nonconsensual acquisition or use of genetic information and required genetic testing prohibited. Exception. No insurer, health care center or fraternal benefit society doing business in this state shall: (1) In connection with the issuance, withholding, extension or…

Sec. 38a-834. Discrimination against living organ donors prohibited. (a) Notwithstanding any provision of the general statutes, no insurer delivering, issuing for delivery or amending a life insurance policy, long-term care insurance policy or a policy providing disability income…

Sec. 38a-835. Adverse action based on provision of reproductive health care services prohibited. (a) As used in this section, (1) “health care provider” means a person licensed pursuant to title 20 who provides reproductive health care services, (2) “insurer” means an insurer tha…

Sec. 38a-836. (Formerly Sec. 38-273). Short title: Connecticut Insurance Guaranty Association Act. Sections 38a-836 to 38a-853, inclusive, shall be known and may be cited as the “Connecticut Insurance Guaranty Association Act”. (1971, P.A. 466, S. 1.) History: Sec. 38-273 transfe…

Sec. 38a-837. (Formerly Sec. 38-274). Application of chapter. Sections 38a-836 to 38a-853, inclusive, shall apply to all kinds of direct insurance, except: (1) Life, annuity, health or disability insurance; (2) Mortgage guaranty, financial guaranty or other forms of insurance off…

Sec. 38a-838. (Formerly Sec. 38-275). Definitions. The following terms as used in sections 38a-836 to 38a-853, inclusive, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meanings: (1) “Account” means any one of the…

Sec. 38a-839. (Formerly Sec. 38-276). Connecticut Insurance Guaranty Association created. Membership. Function. Accounts. There is created a nonprofit unincorporated legal entity to be known as the Connecticut Insurance Guaranty Association. All insurers defined as member insurer…

Sec. 38a-840. (Formerly Sec. 38-277). Board of directors. Selection. Reimbursement for expenses. (a) The board of directors of said association shall consist of not less than five nor more than nine persons serving terms as established in the plan of operation under section 38a-8…

Sec. 38a-841. (Formerly Sec. 38-278). Obligations and rights of association. Limitations. Assessments. Investigation of claims. Right to intervene in court proceedings. (a) Said association shall: (1) Be obligated to the extent of the covered claims existing prior to the determin…

Sec. 38a-842. (Formerly Sec. 38-279). Plan of operation. (a)(1) Said association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of said association. The plan of ope…

Sec. 38a-843. (Formerly Sec. 38-280). Insolvent insurers. Penalty. Petition to show cause. (a) The commissioner shall: (1) Notify said association of the existence of an insolvent insurer, and notify the chairman of the Workers' Compensation Commission and the State Treasurer of …

Sec. 38a-844. (Formerly Sec. 38-281). Assignment of rights under policy. Receiver or liquidator bound by settlements. Preservation of rights of association. Right of recovery. (a) Any person recovering any moneys under sections 38a-836 to 38a-853, inclusive, shall be deemed to ha…