reglab/housing_qa huggingface dataset:
CT Gen Stat § 38a-853. (Formerly Sec. 38-289) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 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 section 38a-837.(1971, P.A. 466, S. 17; P.A. 88-76, S. 4, 10.)History: P.A. 88-76 authorized the commissioner to adopt regulations defining the kinds of insurance specified in Sec. 38a-274; Sec. 38-289 transferred to Sec. 38a-853 in 1991.
CT Gen Stat § 38a-858. (Formerly Sec. 38-301) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 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. 1.)History: Sec. 38-301 transferred to Sec. 38a-858 in 1991.
CT Gen Stat § 38a-859. (Formerly Sec. 38-302) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 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 contracts specified in section 38a-860 due to the impairment of the insurer issuing such policies, plans or contracts, an association of member insurers is created to enable the guaranty of payment of benefits and of continuation of coverages. Members of the association are subject to assessment to provide funds to carry out the purpose of sections 38a-858 to 38a-875, inclusive, and the association is authorized to assist the commissioner in the prescribed manner in the detection and prevention of insurer impairments.(1972, P.A. 280, S. 2; P.A. 18-13, S. 1.)History: Sec. 38-302 transferred to Sec. 38a-859 in 1991; P.A. 18-13 substituted “persons covered under section 38a-860” for “policyowners, insureds, beneficiaries, annuitants, payees and assignees of life insurance policies, health insurance policies, annuity contracts, and supplemental contracts”, added “under life, health and annuity policies, plans or contracts specified in section 38a-860”, replaced “association of insurers” with “association of member insurers”, and made a conforming change, effective July 1, 2018.
CT Gen Stat § 38a-861. (Formerly Sec. 38-304) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 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 transferred to Sec. 38a-861 in 1991.
CT Gen Stat § 38a-863. (Formerly Sec. 38-306) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 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 a condition of their authority to transact insurance or conduct health care center business in this state. The association shall perform its functions under the plan of operation established and approved under section 38a-867 and shall exercise its powers through a board of directors established under section 38a-864. For purposes of administration and assessment, the association shall maintain two accounts:(1) The life insurance and annuity account which includes the following subaccounts:(A) Life insurance account;(B) Annuity account which shall include, but is not limited to, annuity contracts owned by a governmental retirement plan, or its trustee, established under Section 401, 403(b) or 457 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, but shall otherwise exclude unallocated annuities; and(C) Unallocated annuity account which shall exclude contracts owned by a governmental retirement benefit plan, or its trustee, established under Section 401, 403(b) or 457 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; and(2) The health account.(b) The association shall come under the immediate supervision of the commissioner and shall be subject to the applicable provisions of the insurance laws of this state.(1972, P.A. 280, S. 6; P.A. 88-76, S. 7, 10; P.A. 01-67, S. 3; P.A. 18-13, S. 4.)History: P.A. 88-76 amended Subsec. (a) restructuring the accounts to be maintained by the association by reducing their number from three to two, combining the life insurance account and the annuity account, and creating three subaccounts under such combined account; Sec. 38-306 transferred to Sec. 38a-863 in 1991; P.A. 01-67 amended Subsec. (a)(1)(B) and (C) to include in annuity accounts, and exclude from unallocated annuity accounts, those contracts owned by a governmental retirement plan or its trustee established under the internal revenue code; P.A. 18-13 amended Subsec. (a) by adding “or conduct health care center business”, replacing “health insurance account” with “health account” in Subdiv. (2), and making technical changes, effective July 1, 2018.
CT Gen Stat § 38a-864. (Formerly Sec. 38-307) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 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 insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term in the manner described in the plan of operation. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to one vote in person or by proxy. If the board of directors is not selected within sixty days after notice of the organizational meeting, the commissioner may appoint the initial members.(b) In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.(c) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors but members of the board shall not otherwise be compensated by the association for their services.(1972, P.A. 280, S. 7; P.A. 18-13, S. 5.)History: Sec. 38-307 transferred to Sec. 38a-864 in 1991; P.A. 18-13 amended Subsec. (a) by increasing minimum number of board members from 5 to 7 and increasing maximum number of board members from 9 to 11, effective July 1, 2018.
CT Gen Stat § 38a-867. (Formerly Sec. 38-310) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 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 operation and any amendments thereto shall become effective upon approval in writing by the commissioner. (2) If the association fails to submit a suitable plan of operation within one hundred and eighty days following October 1, 1972, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of sections 38a-858 to 38a-875, inclusive. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.(b) All member insurers shall comply with the plan of operation.(c) The plan of operation shall, in addition to requirements enumerated elsewhere in sections 38a-858 to 38a-875, inclusive: (1) Establish procedures for handling the assets of the association; (2) establish the amount and method of reimbursing members of the board of directors under section 38a-864; (3) establish regular places and times for meetings of the board of directors; (4) establish procedures for records to be kept of all financial transactions of the association, its agents and the board of directors; (5) establish the procedures whereby selections for the board of directors will be made and submitted to the commissioner; (6) establish any additional procedures for assessments under section 38a-866; (7) contain additional provisions necessary or proper for the execution of the powers and duties of the association.(d) The plan of operation may provide that any or all powers and duties of the association except those under subdivision (3) of subsection (k) of section 38a-865 and section 38a-866, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two or more states. Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this subsection shall take effect only with the approval of both the board of directors and the commissioner, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by sections 38a-858 to 38a-875, inclusive.(1972, P.A. 280, S. 10.)History: Sec. 38-310 transferred to Sec. 38a-867 in 1991.
CT Gen Stat § 38a-869. (Formerly Sec. 38-312) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-869. (Formerly Sec. 38-312) - Action by board of directors. Examination of insurer.

 To aid in the detection and prevention of insurer impairments:(a) The board of directors shall, upon majority vote, notify the commissioner of any information indicating any member insurer may be unable or potentially unable to fulfill its contractual obligations.(b) The board of directors may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be unable or potentially unable to fulfill its contractual obligations. The commissioner may conduct such examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated as are other examination reports. In no event shall such examination report be released to the board of directors of the association prior to its release to the public, but this shall not excuse the commissioner from his obligation to comply with subsection (c) of this section. The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the commissioner but it shall not be open to public inspection prior to the release of the examination report to the public and shall be released at that time only if the examination discloses that the examined insurer is unable or potentially unable to meet its contractual obligations.(c) The commissioner shall report to the board of directors when he has reasonable cause to believe that any member insurer examined at the request of the board of directors may be unable or potentially unable to fulfill its contractual obligations.(d) The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public documents.(e) The board of directors may, upon majority vote, make recommendations to the commissioner for the detection and prevention of insurer impairments.(f) The board of directors shall, at the conclusion of any insurer impairment in which the association carried out its duties under sections 38a-858 to 38a-875, inclusive, or exercised any of its powers under said sections, prepare a report on the history and causes of such impairment, based on the information available to the association, and submit such report to the commissioner.(1972, P.A. 280, S. 12.)History: Sec. 38-312 transferred to Sec. 38a-869 in 1991.
CT Gen Stat § 38a-870. (Formerly Sec. 38-313) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-870. (Formerly Sec. 38-313) - Special deputy to supervise liquidation, rehabilitation or conservation.

 The association may recommend a natural person to serve as a special deputy to act for the commissioner and under his supervision in the liquidation, rehabilitation or conservation of any member insurer.(1972, P.A. 280, S. 13.)History: Sec. 38-313 transferred to Sec. 38a-870 in 1991.
CT Gen Stat § 38a-872. (Formerly Sec. 38-315) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-872. (Formerly Sec. 38-315) - Examination and regulation of association. Reports.

 The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner, not later than May first of each year, a financial report for the preceding calendar year in a form approved by the commissioner and a report of its activities during the preceding calendar year.(1972, P.A. 280, S. 15.)History: Sec. 38-315 transferred to Sec. 38a-872 in 1991.
CT Gen Stat § 38a-873. (Formerly Sec. 38-316) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-873. (Formerly Sec. 38-316) - Exemption from fees and taxes.

 The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property.(1972, P.A. 280, S. 16.)History: Sec. 38-316 transferred to Sec. 38a-873 in 1991.
CT Gen Stat § 38a-874. (Formerly Sec. 38-317) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-874. (Formerly Sec. 38-317) - Immunity.

 There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or his representatives, for any action taken by them in the performance of their powers and duties under sections 38a-858 to 38a-875, inclusive.(1972, P.A. 280, S. 17.)History: Sec. 38-317 transferred to Sec. 38a-874 in 1991.
CT Gen Stat § 38a-875. (Formerly Sec. 38-318) (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-875. (Formerly Sec. 38-318) - Stay of proceedings in which impaired insurer a party.

 All proceedings in which the impaired insurer is a party in any court in this state shall be stayed one hundred eighty days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. The association may apply to have any judgment under any decision, order, verdict, or finding based on default set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits.(1972, P.A. 280, S. 18.)History: Sec. 38-318 transferred to Sec. 38a-875 in 1991.
CT Gen Stat § 38a-880 (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-880 - Brokered Transactions Guaranty Fund.

 The Insurance Department shall establish and maintain a Brokered Transactions Guaranty Fund from which any resident aggrieved by an action of an insurance producer duly licensed in this state under section 38a-769, or an unlicensed person acting as a producer engaged in the business of insurance, concerning the business of insurance, by reason of the embezzlement of money or property, or the unlawful obtainment of money or property from any person by false pretenses, artifice, trickery or forgery, or by reason of any fraud, misrepresentation or deceit, by or on the part of any such producer or unlicensed person acting as a producer engaged in the business of insurance, excluding the failure in performance of contractual obligations due to the impairment of an insurer, may recover, upon approval by the department of an application brought pursuant to section 38a-884, compensation in an amount not exceeding in the aggregate the sum of ten thousand dollars.(P.A. 89-106, S. 1; P.A. 93-236, S. 1; P.A. 96-193, S. 24, 36.)History: P.A. 93-236 clarified that an “unlicensed person” would be a person acting as an insurance agent or broker, allowed payment from the guaranty fund except in cases when the insurer is impaired and decreased the compensation allowed from the guaranty fund from $25,000 to $10,000; P.A. 96-193 substituted “producer” for “agent” and “broker”, effective June 3, 1996.
CT Gen Stat § 38a-881 (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-881 - Fee payable to fund.

 Any individual who is licensed as an insurance broker or an insurance agent on October 1, 1989, shall pay a fee of ten dollars which shall be credited to the Brokered Transactions Guaranty Fund. Any individual who receives an insurance broker's license or an insurance agent's license for the first time prior to June 3, 1996, or an insurance producer's license for the first time on or after June 3, 1996, shall pay a fee of ten dollars, in addition to all other fees payable, to be credited to the Brokered Transactions Guaranty Fund.(P.A. 89-106, S. 2; P.A. 96-193, S. 25, 36.)History: P.A. 96-193 substituted “producer” for “agent” and “broker” re licenses, effective June 3, 1996.
CT Gen Stat § 38a-882 (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-882 - Level of guaranty fund. Credits to General Fund. Assessment of additional fee.

 (a) The Insurance Department shall maintain the Brokered Transactions Guaranty Fund at a level not to exceed one hundred thousand dollars and to this intent moneys received under section 38a-881 shall be credited to such guaranty fund whenever the fund balance is below one hundred thousand dollars and any such moneys may be invested or reinvested in the same manner as funds of the state employees retirement system, and the interest arising from such investments shall be credited to the General Fund. Any moneys received under section 38a-881 not required to maintain such guaranty fund balance shall be deposited to the General Fund. All moneys in such guaranty fund in excess of one hundred thousand dollars shall be transferred by the Treasurer to the General Fund.(b) If, at any time, the amount deposited in the Brokered Transactions Guaranty Fund is under one hundred thousand dollars, the department, in its discretion, may assess all persons licensed as insurance producers a fee not to exceed ten dollars which shall be credited to said guaranty fund.(P.A. 89-106, S. 3; P.A. 96-193, S. 26, 36; P.A. 98-27, S. 9; P.A. 18-137, S. 24.)History: P.A. 96-193 amended Subsec. (b) to substitute “producer” for “agent” and “broker”, effective June 3, 1996; P.A. 98-27 amended Subsec. (b) to substitute “said” for “such”; P.A. 18-137 amended Subsec. (a) to decrease required level of fund from $500,000 to $100,000, effective July 1, 2018.
CT Gen Stat § 38a-883 (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-883 - Limitation of actions.

 No application to recover compensation under sections 38a-880 to 38a-889, inclusive, which might subsequently result in an order for collection from the Brokered Transactions Guaranty Fund shall be brought later than two years from the action of an insurance producer duly licensed in this state under section 38a-769, or an unlicensed person acting as a producer engaged in the business of insurance, by reason of the embezzlement of money or property, or the unlawful obtainment of money or property from any person by false pretenses, artifice, trickery or forgery, or by reason of any fraud, misrepresentation or deceit by or on the part of any such producer or unlicensed person acting as a producer engaged in the business of insurance, excluding the failure in performance of contractual obligations due to the impairment of an insurer.(P.A. 89-106, S. 4; P.A. 93-236, S. 2; P.A. 96-193, S. 27, 36; P.A. 98-27, S. 8.)History: P.A. 93-236 deleted ambiguous language and substituted clear language regarding the limitation of actions which may be brought and outlined the specific actions covered by the limitation; P.A. 96-193 substituted “producer” for “agent” and “broker”, effective June 3, 1996; P.A. 98-27 substituted “the Brokered Transactions Guaranty Fund” for “such guaranty fund”.
CT Gen Stat § 38a-885 (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-885 - Penalty for false or untrue claim.

 Any person filing with the department any notice, statement or other document required under the provisions of section 38a-884 that is false or untrue or contains any material misstatement of fact shall be fined not less than three hundred dollars.(P.A. 89-106, S. 6; P.A. 08-178, S. 44.)History: P.A. 08-178 made a technical change and increased minimum fine from $200 to $300.
CT Gen Stat § 38a-886 (2020)
2020 Connecticut General Statutes|Title 38a - Insurance|Chapter 704a - Insurance Guaranty Funds|Section 38a-886 - Procedure. Application to the Superior Court.

 When the department receives an application, as provided in section 38a-884, the Attorney General, at the request of the commissioner, may apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining the continuance of such act or acts, for an order directing restitution to any aggrieved person, payment to the guaranty fund for any payments the fund made to aggrieved persons, attorney's fees, costs, a civil penalty of not more than one thousand five hundred dollars per violation and such other relief as may be granted in equity.(P.A. 89-106, S. 7; P.A. 93-236, S. 4; P.A. 08-178, S. 45.)History: P.A. 93-236 replaced prior general provisions re attorney general's authority with more specific provisions; P.A. 08-178 increased maximum penalty from $1,000 to $1,500 per violation.