Title 38a — Title 38a: Insurance

Sec. 38a-444. (Formerly Sec. 38-147b). Life insurance policy loans. Interest rate allowable. (a) For purposes of this section: (1) “Policy” means all contracts of life insurance which provide for policy loans, certificates insuring persons against loss of life issued by a fratern…

Sec. 38a-445. (Formerly Sec. 38-160). Deferring the granting of loans and surrender values. No policy of life or endowment insurance shall be issued or delivered in this state unless it contains a provision that the company may, at its option, defer the granting of any loan other…

Sec. 38a-446. (Formerly Sec. 38-149). Discrimination in favor of individuals prohibited. No life insurance company doing business in this state shall make or permit any distinction or discrimination in favor of individuals between insurants of the same class and expectation of li…

Sec. 38a-447. (Formerly Sec. 38-150). Discrimination against persons on the basis of race, sexual orientation, gender identity, status as a victim of domestic violence or erased criminal history record information prohibited. No life insurance company doing business in this state…

Sec. 38a-447a. Exclusion of coverage on the basis of naloxone prescription prohibited. Notwithstanding any provision of the general statutes, no life insurance or annuity policy or contract shall be delivered, issued for delivery, renewed or continued in this state that excludes …

Secs. 38a-448 and 38a-449. (Formerly Secs. 38-151 and 38-152). Affidavit of examining physician. Sections 38a-448 and 38a-449 are repealed. (1949 Rev., S. 6141, 6142; P.A. 92-60, S. 28.)

Sec. 38a-450. (Formerly Sec. 38-159). Certain corporations and associations may be made beneficiaries. Any life insurance company doing business within the state may issue policies of insurance predicated upon the life or lives of any person or persons, payable at maturity to any…

Sec. 38a-451. (Formerly Sec. 38-159a). Trustee as beneficiary of policy. (a) Unless prohibited by the policy there may be designated, as beneficiary of any policy issued by any life insurance company, the trustee of a trust to be created in and by the last will of the insured or …

Sec. 38a-452. (Formerly Sec. 38-159b). Payment of interest on life insurance death benefits. (a) In the event an action to recover the proceeds due under a life insurance policy or annuity contract is commenced and results in a judgment against the insurer, interest thereon shall…

Sec. 38a-453. (Formerly Sec. 38-161). Rights of creditors of insured against beneficiary. (a) The beneficiary of any life insurance policy, being a person other than the insured, whether named as beneficiary in the original policy or subsequently named as beneficiary in accordanc…

Sec. 38a-454. (Formerly Sec. 38-162). Proceeds of insurance policies and annuities may be held in trust. Any domestic life insurance company shall have power to hold the proceeds of any policy issued by it under a trust or other agreement upon such terms and restrictions as to re…

Sec. 38a-455. Assignment of incidents of ownership under group life policy. Any person whose life is insured under any policy of group life insurance is permitted to make an assignment of all or any part of his incidents of ownership in such insurance, including, without limitati…

Sec. 38a-456. Notice of cancellation or discontinuation of group life insurance coverage. Penalty. (a) Any individual, partnership, corporation or unincorporated association providing group life insurance coverage for its employees shall furnish each insured employee, upon cancel…

Sec. 38a-457. Accelerated benefits of life insurance policies. (a) As used in this section: (1) “Accelerated benefits” means benefits payable under a life insurance policy sold in this state: (A) During the lifetime of the insured, in a lump sum or in periodic payments, as specif…

Sec. 38a-458. Life insurance policies and annuities providing long-term care benefits. Regulations. (a) Provided such company is licensed for both life and health insurance in this state, any life insurance company doing business in this state may issue life insurance policies or…

Sec. 38a-458a. Option for certain insurers to combine long-term care coverage with certain life, endowment or annuity coverages. Section 38a-458a is repealed, effective October 1, 2013. (P.A. 00-34, S. 2; P.A. 13-280, S. 2.)

Sec. 38a-459. (Formerly Sec. 38-33a). Funding agreements by domestic life insurance companies. Establishment of companies' obligations. Segregation of moneys. (a) Notwithstanding any inconsistent provision in its charter, any domestic life insurance company may enter into written…

Sec. 38a-460. Accumulation fund arrangements. Definition. (a) Any domestic life insurance company may provide accumulation fund arrangements in connection with the making of any life insurance contract or annuity contract, including any contract that makes life insurance or annui…

Secs. 38a-461 to 38a-463. Reserved for future use. PART II BURIAL CONTRACTS

Sec. 38a-464. (Formerly Sec. 38-32). Burial contracts; license from Insurance Commissioner. A “burial contract” or “burial certificate”, within the meaning of this section, is any instrument in writing whereby any person, firm, corporation or association, in consideration of the …

Sec. 38a-465. Definitions. As used in sections 38a-465 to 38a-465q, inclusive, and subdivision (21) of section 38a-816: (1) “Advertisement” means any written, electronic or printed communication or any communication by means of recorded telephone messages or transmitted on radio,…

Sec. 38a-465a. Licensing of life settlement providers and brokers. (a) Except as otherwise provided in this part, no person shall act as a provider or broker until the person is licensed by the commissioner pursuant to this section. (b) Any applicant for a license as a provider o…

Sec. 38a-465b. Denial, suspension or revocation of license. Refusal to renew license. Appeals. (a) The commissioner may deny a license application, or suspend, revoke or refuse to renew the license of any licensee if the commissioner determines that: (1) There was a material misr…

Sec. 38a-465c. Contract form and disclosure statements. Filing and approval requirements. Disclosure of life settlement contract availability and lawful assignment not to be prohibited. (a) No person shall use any form of life settlement contract or disclosure statement in this s…

Sec. 38a-465d. Annual statements. Penalty. Confidentiality of insured's information. Reasons for disclosure of insured's identity. (a) On or before March first of each year, each provider shall file with the commissioner an annual statement containing such information as the comm…

Sec. 38a-465e. Examination of licensees and applicants. Commissioner's access to records. Retention of records. Expenses of examination. Confidentiality of examination workpapers and reports. (a) When the commissioner deems it reasonably necessary to protect the interests of the …

Sec. 38a-465f. Required disclosures. (a) The provider or broker shall provide, in writing, in a separate document that is signed by the owner and provider, the following disclosures to the owner not later than the date the life settlement contract is signed by all parties. The di…

Sec. 38a-465g. Prerequisites to a life settlement contract wherein insured is terminally or chronically ill. Medical release and confidentiality of medical information. Verification of coverage. Notice to insurer. Change of ownership or beneficiary. Rescission. Escrow agent or tr…

Sec. 38a-465h. Premium finance loans. Disclosures and certifications. (a) Without limiting the ability of an insurer to assess the insurability of a policy applicant and in addition to other questions an insurance company may lawfully pose to a life insurance applicant, an insura…

Sec. 38a-465i. Violations. (a) It shall be a violation of this part for any person to: (1) Enter into a life settlement contract if such person knows or reasonably should have known that the life insurance policy was obtained by means of a false, deceptive or misleading applicati…

Sec. 38a-465j. Fraudulent life settlement acts prohibited. Confidentiality of documents and evidence. Antifraud plans. (a)(1) A person shall not commit a fraudulent life settlement act. (2) “Fraudulent life settlement act” includes, but is not limited to: (A) Acts or omissions co…

Sec. 38a-465k. Injunctions. Cease and desist orders. Damages. (a) In addition to the penalties and other enforcement provisions of this part, if any person violates this part or any regulation implementing this part, the commissioner may seek an injunction in a court of competent…

Sec. 38a-465l. Penalties. (a) It shall be a violation of this part for any person, provider, broker or any other party related to the business of life settlements to commit a fraudulent life settlement act. (b) A person that commits a fraudulent life settlement act is guilty of c…

Sec. 38a-465m. Regulations. Imposition of bond or other mechanism as proof of financial accountability. Conflict of laws. (a) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 38a-465 to 38a-465l, incl…

Sec. 38a-465n. Life settlement advertisements. (a) Each person licensed pursuant to this part may conduct or participate in advertisements within this state. Such advertisements shall be accurate, truthful and not misleading in fact or by implication. (b) No person or trust shall…

Sec. 38a-465o. Life settlement broker deemed to represent only the owner. Fiduciary duty to owner. Notwithstanding the manner in which the life settlement broker is compensated, a life settlement broker is deemed to represent only the owner and owes a fiduciary duty to the owner …

Sec. 38a-465p. Provider or broker lawfully transacting business in the state or person lawfully negotiating life settlement contracts prior to October 1, 2008. (a) Any provider or broker lawfully transacting business in this state prior to October 1, 2008, may continue to do so p…

Sec. 38a-465q. Related provider trusts. A related provider trust shall have a written agreement with the licensed provider under which the licensed provider is responsible for ensuring compliance with all statutory and regulatory requirements and under which the trust agrees to m…

Secs. 38a-466 to 38a-468. Reserved for future use.

Sec. 38a-469. Definitions. As used in this title, unless the context otherwise requires or a different meaning is specifically prescribed, “health insurance” policy means insurance providing benefits due to illness or injury, resulting in loss of life, loss of earnings, or expens…

Sec. 38a-470. (Formerly Sec. 38-174n). Lien on workers' compensation awards for insurers. Notice of lien. (a) For purposes of this section, “controverted claim” means any claim in which compensation is denied either in whole or in part by the workers' compensation carrier or the …

Sec. 38a-471. (Formerly Sec. 38-174o). Third party prescription programs. Notice of cancellation. Applicability of section. (a) As used in this section, a “third party prescription program” means a system of providing for reimbursement for the cost of drugs or pharmaceutical serv…

Sec. 38a-472. (Formerly Sec. 38-174a). Assignment of insurance proceeds to doctor, hospital or state agency. Lien for state care. Notice of lien. (a) Whenever a contract by a third party agency provides for payment to a beneficiary under the contract on account of bills incurred …

Sec. 38a-472a. Medical provider indemnification agreements prohibited. No contract between a managed care company, other organization or insurer authorized to do business in this state and a medical provider practicing in this state for the provision of services may require that …

Sec. 38a-472b. Medical provider indemnification contracts. Professional actions and related liability. Notwithstanding the provisions of section 38a-472a, every medical provider participating in a contract pursuant to said section shall be responsible for his professional actions…

Sec. 38a-472c. Dental policies. Estimate of reimbursement. Material adjustments to fee schedules for in-network providers. Notice. (a) For any policy delivered, issued for delivery, renewed, amended or continued in this state that provides coverage for inpatient or outpatient den…

Sec. 38a-472d. Public education outreach program re health insurance availability and eligibility requirements. (a) Not later than January 1, 2006, the Insurance Commissioner, in consultation with the Commissioner of Social Services and the Healthcare Advocate, shall develop a co…

Sec. 38a-472e. Health insurer. Requirements re offer to contract with a school-based health center. Each health insurer licensed to do business in this state shall, at the request of any school-based health center or group of school-based health centers, offer to contract with su…

Sec. 38a-472f. Network adequacy. Health carrier duties and responsibilities. Access plan filing. (a) As used in this section: (1) “Authorized representative” means (A) an individual to whom a covered person has given express written consent to represent the covered person, (B) an…

Sec. 38a-472g. Restrictions applicable to prior authorization or precertification. (a)(1) No insurer, health care center, fraternal benefit society, hospital service corporation or medical service corporation or other entity, delivering, issuing for delivery, renewing, amending o…