Title 38a — Title 38a: Insurance

Secs. 38a-811 to 38a-814. Reserved for future use.

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…

Sec. 38a-845. (Formerly Sec. 38-282). Exhaustion of rights under policy prior to claim against association. Claims recoverable from more than one association. Persons required to exhaust rights under governmental insurance or guaranty program. (a) Any person having a claim agains…

Sec. 38a-846. (Formerly Sec. 38-283). Detection and prevention of insurer insolvencies. To aid in the detection and prevention of insurer insolvencies: (1) The board of directors, upon majority vote, shall notify the commissioner of any information which it may have indicating an…

Sec. 38a-847. (Formerly Sec. 38-284). Association subject to examination and regulation by commissioner. Annual financial report. Said association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March thirtie…

Sec. 38a-848. (Formerly Sec. 38-285). Exemption from fees and taxes. Exception. Said association shall be exempt from payment of all fees and all taxes levied by the state or any of its subdivisions provided it shall not be exempt from the payment of real or personal property tax…

Sec. 38a-849. (Formerly Sec. 38-286). Rates and premiums to include recoupment of assessments. Section 38a-849 is repealed, effective July 1, 2000. (1971, P.A. 466, S. 14; P.A. 00-174, S. 82, 83.)

Sec. 38a-850. (Formerly Sec. 38-287). No liability for action taken in performance of powers and duties. No liability for failure to act. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, said association or it…

Sec. 38a-851. (Formerly Sec. 38-288). Association rights in proceedings to which insolvent insurer is party. Access to insolvent insurer's records. (a) All proceedings in which an insolvent insurer is a party or is obligated to defend an insured as a party in any court in this st…

Sec. 38a-852. (Formerly Sec. 38-288a). Prohibited unfair trade practice. It shall be a prohibited unfair trade practice and a violation of section 38a-815 for any person to make use in any manner of the protection afforded by sections 38a-836 to 38a-853, inclusive, in the solicit…

Sec. 38a-853. (Formerly Sec. 38-289). Regulations. The commissioner may promulgate such reasonable regulations as he deems necessary to carry out the intent of sections 38a-836 to 38a-853, inclusive. Such regulations may include definitions of the kinds of insurance specified in …

Secs. 38a-854 to 38a-857. Reserved for future use. PART II* CONNECTICUT LIFE AND HEALTH INSURANCEGUARANTY ASSOCIATION ACT *Annotation to former chapter 689: Cited. 173 C. 352.

Sec. 38a-858. (Formerly Sec. 38-301). Short title: Connecticut Life and Health Insurance Guaranty Association Act. Sections 38a-858 to 38a-875, inclusive, shall be known and may be cited as the “Connecticut Life and Health Insurance Guaranty Association Act”. (1972, P.A. 280, S. …

Sec. 38a-859. (Formerly Sec. 38-302). Association of member insurers. To provide protection for persons covered under section 38a-860, subject to certain limitations, against failure in the performance of contractual obligations under life, health and annuity policies, plans or c…

Sec. 38a-860. (Formerly Sec. 38-303). Application of chapter. Obligations of association. (a) Sections 38a-858 to 38a-875, inclusive, shall provide coverage for the policies and contracts specified in subsection (f) of this section: (1) To any person, except for a nonresident cer…

Sec. 38a-861. (Formerly Sec. 38-304). Liberal construction. Sections 38a-858 to 38a-875, inclusive, shall be liberally construed to effect the purpose under section 38a-859 which shall constitute an aid and guide to interpretation. (1972, P.A. 280, S. 4.) History: Sec. 38-304 tra…

Sec. 38a-862. (Formerly Sec. 38-305). Definitions. As used in sections 38a-858 to 38a-875, inclusive: (1) “Account” means either of the two accounts created under section 38a-863; (2) “Association” means the Connecticut Life and Health Insurance Guaranty Association created under…

Sec. 38a-863. (Formerly Sec. 38-306). Creation of association. Accounts. Supervision. (a) There is created a nonprofit legal entity to be known as the Connecticut Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as…

Sec. 38a-864. (Formerly Sec. 38-307). Board of directors. (a) The board of directors of the association shall consist of not less than seven nor more than eleven members serving terms as established in the plan of operation. The members of the board shall be selected by member in…

Sec. 38a-865. (Formerly Sec. 38-308). Powers. (a) If a member insurer is an impaired insurer, the association may, in its discretion, and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer and that are appro…

Sec. 38a-866. (Formerly Sec. 38-309). Assessments. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at such times and for such amounts …

Sec. 38a-867. (Formerly Sec. 38-310). Plan of operation. (a)(1) The 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 the association. The plan of operat…

Sec. 38a-868. (Formerly Sec. 38-311). Duties of commissioner. In addition to the duties and powers enumerated elsewhere in sections 38a-858 to 38a-875, inclusive: (a) The commissioner shall: (1) Notify the board of directors of the existence of an impaired insurer not later than …