reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 38a-702s. - Additional grounds for denial of producer licenses.

Notwithstanding the provisions of subsection (a) of section 38a-702e, subsection (a) of section 38a-702f or subsection (a) of section 38a-702g, in addition to the grounds for denial of an insurance producer's license set forth in section 38a-702k, the Insurance Commissioner may deny an application for an insurance producer license if said commissioner determines such applicant is not properly qualified or trustworthy and that granting such license is against the public interest. The provisions of subsection (b) of section 38a-702k shall apply to any such denial.
(P.A. 14-216, S. 2.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 38a-703. (Formerly Sec. 38-70). - Soliciting business for unlicensed insurance or surety company prohibited.

No person shall, within this state, solicit or procure insurance, except with regard to his own property or person, with or by any insurance company that does not hold a certificate then in force from the commissioner authorizing such insurance company to do such insurance business in this state, or deliver policies or collect premiums of or for any such company; nor shall any person aid in any way in the transaction in this state of any insurance business with or by any insurance company not thus authorized, except to obtain insurance upon his own property or person. Any person who aids any corporation, association or person not authorized to do insurance business in this state in soliciting such business from residents of this state, by means of any advertisement published in this state or by any other means, shall be fined not more than two thousand dollars or imprisoned not more than six months, or both.
(1949 Rev., S. 6058; P.A. 08-178, S. 24.)
History: Sec. 38-70 transferred to Sec. 38a-703 in 1991; P.A. 08-178 made technical changes and increased maximum fine from $100 to $2,000.
Annotation to former section 38-70:
Cited. 9 CA 622.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 38a-704. (Formerly Sec. 38-71). - Penalty for acting as insurance producer without license.

Any person, partnership, association, limited liability company or corporation, or any person, partnership, association, limited liability company or corporation acting under a trade name, that acts within this state, either on the person's own behalf or as a representative or agent of any other person or partnership, association, limited liability company or corporation or any other person, partnership, association, limited liability company or corporation acting under a trade name, as an insurance producer, as defined in section 38a-702a, unless such person holds an insurance producer license then in force from the commissioner authorizing the person so to act, shall be fined not more than ten thousand dollars or imprisoned not more than three months, or both.
(1949 Rev., S. 6059, 6066; P.A. 90-243, S. 24; P.A. 94-160, S. 4, 24; P.A. 95-79, S. 187
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189; P.A. 01-113, S. 19, 42; P.A. 08-178, S. 25.)
History: P.A. 90-243 removed public adjusters from purview of section; Sec. 38-71 transferred to Sec. 38a-704 in 1991; P.A. 94-160 amended the section to include partnerships, associations or corporations or any of such acting under a trade name to more accurately reflect the current modernization and nomenclature of the industry, effective January 1, 1996; P.A. 95-79 included a person who acts as representative of a limited liability company, effective May 31, 1995; P.A. 01-113 substituted “section 38a-702a” for “subsection (1) of section 38a-702” and made technical changes for the purpose of gender neutrality, effective September 1, 2002; P.A. 08-178 made technical changes and increased maximum fine from $500 to $10,000.
See Sec. 38a-413 re title agent and title insurer exemption.
Annotations to former section 38-71:
Cited. 162 C. 508.
Cited. 5 CA 616.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 38a-705. (Formerly Sec. 38-73). - Exemption of fraternal benefit societies.

The provisions of sections 38a-703, 38a-704 and 38a-769 shall not apply to any otherwise lawful activities of fraternal benefit societies.
(1949 Rev., S. 6065; 1957, P.A. 448, S. 45.)
History: Sec. 38-73 transferred to Sec. 38a-705 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 38a-706. (Formerly Sec. 38-75). - Sharing commission.

Section 38a-706 is repealed, effective September 1, 2002.
(1949 Rev., S. 6063; P.A. 94-160, S. 5, 24; P.A. 01-113, S. 41, 42.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 38a-707b. - Disclosure of producer fees and compensation upon request of municipality or board of education.

(a) For purposes of this section, “insurance”, “insurance producer” and “insurer” have the same meanings as provided in section 38a-702a, and “municipality” means any town, city or borough, consolidated town and city or consolidated town and borough.
(b) Any insurance producer who sells, solicits or negotiates insurance on behalf of an insurer to a municipality or local or regional board of education shall, upon request from the municipality or local or regional board of education, fully disclose, in writing, the amount of any fees or compensation such insurance producer receives from the insurer for such services pursuant to the written memorandum required under section 38a-707 or the Investment Advisers Act of 1940, 15 USC 80b-1, et. seq., as amended from time to time.
(P.A. 10-174, S. 2.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 38a-708. (Formerly Sec. 38-76a). - Company to furnish facts relative to termination of agent's appointment. False statement sole grounds for cause of action by agent.

Upon the request of the Insurance Commissioner, any insurance company shall furnish to the Insurance Department the facts relative to the termination of an agent's appointment and the causes thereof. No agent shall have a cause of action against any insurance company as a result of such company's having furnished to said department pursuant to this section any statement, oral or written, unless such statement is false and was known by such company to be false when made.
(1961, P.A. 85; P.A. 77-614, S. 163, 610; P.A. 79-173; P.A. 80-482, S. 287, 345, 348.)
History: P.A. 77-614 placed insurance commissioner within the department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 79-173 replaced provision which had deemed every statement made pursuant to this section a privileged communication and had prohibited statements use as evidence in court action or proceedings with provision re agents cause of action; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished the department of business regulation; Sec. 38-76a transferred to Sec. 38a-708 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 contracts of insurance written by such producer for a period of eighteen months from the date of such termination, as determined by the individual underwriting requirements of said company, provided, in the event of any contract not meeting such underwriting requirements, the company shall give the producer sixty days' notice of its intention not to renew said contract, and provided further that such period of time may be reduced, in whole or in part, as the commissioner may deem necessary for the purpose of adequately protecting the insured or securing the solvency of such company.
(b) No insurance agency contract entered into in this state, by a licensed insurer with an insurance producer licensed under section 38a-769, shall be terminated by the licensed insurer appointing such producer unless the licensed insurer upon terminating such contract shall give not less than ninety days' written notice in advance to the other party unless the contract shall be terminated by the licensed insurer for failure of the producer, after receiving a written demand, to pay over moneys due to such insurer, provided during said ninety-day period after any such notice, the producer shall not write or bind any new business on behalf of the licensed insurer without the specific written approval by such insurer of such business.
(c) Any insurance company renewing contracts of insurance in accordance with this section shall pay commissions for such renewals to the terminated producer in the same amount as had been paid to him on similar policies during the twelve months immediately preceding the notice of termination.
(d) The provisions of this section shall not apply to any contract with a producer for the sale of life or accident and health insurance.
(1969, P.A. 485, S. 1, 2; 1971, P.A. 176; P.A. 77-199, S. 1, 12; P.A. 85-102, S. 2; P.A. 96-193, S. 15, 36.)
History: 1971 act inserted new Subsec. (c) concerning renewal commissions and relettered former Subsec. (c) accordingly; P.A. 77-199 authorized renewals for 18 months rather than one year and added proviso re reduction of time period to protect insured or secure company's solvency in Subsec. (a); P.A. 85-102 amended Subsec. (d) to specifically exclude accident and health insurance from the provisions of the section; Sec. 38-76b transferred to Sec. 38a-709 in 1991; P.A. 96-193 substituted “producer” for “agent”, effective June 3, 1996.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 insurance, solely because of adverse underwriting experience for the two years preceding the date of such cancellation or amendment on such lines of insurance for which the company requires submission of an application for approval or for which the company accepts without approval policies issued by its appointed producers, if the information on any such application or on the company copy of any policy issued by an appointed producer is substantially complete and not intentionally or substantially incorrect or misleading. In calculating the average loss ratio for purposes of determining adverse underwriting experience for such preceding two years, reserves against claims pending shall not be included.
(P.A. 79-277; P.A. 90-243, S. 33; P.A. 92-53, S. 1, 2; P.A. 96-193, S. 16, 36.)
History: P.A. 90-243 substituted “property” for “fire” insurance; Sec. 38-76d transferred to Sec. 38a-710 in 1991; P.A. 92-53 prohibited amending the contract of an independent insurance agent because of adverse underwriting experience; P.A. 96-193 substituted “producer” for “agent” and “appointed” for “licensed”, effective June 3, 1996.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 the commissioner shall revoke the producer's license.
(1949 Rev., S. 6074; P.A. 01-113, S. 31, 42; P.A. 08-178, S. 26.)
History: Sec. 38-89 transferred to Sec. 38a-713 in 1991; P.A. 01-113 substituted “producer” for “agent” and “the producer's” for “his”, effective September 1, 2002; P.A. 08-178 increased maximum fine from $100 to $1,000.
See Sec. 38a-774 re suspension or revocation of license.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 licensed to do business in this state shall be personally liable to the insured for the performance of such contract by the insurance company.
(1949 Rev., S. 6075; P.A. 10-32, S. 122.)
History: Sec. 38-90 transferred to Sec. 38a-714 in 1991; P.A. 10-32 made a technical change, effective May 10, 2010.
See Sec. 38a-744 re liability of licensee.
Annotation to former section 38-90:
Cause of action founded on statute is of a contractual nature. 2 CS 50.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 insured on the order of such producer shall, in controversies between the insured and the company, be deemed to have been paid to the company.
(1963, P.A. 142; P.A. 94-160, S. 9, 24.)
History: Sec. 38-90a transferred to Sec. 38a-715 in 1991; P.A. 94-160 substituted “producer” for “broker” to accurately reflect the modernization and nomenclature of the industry, effective January 1, 1996.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 coverage for homeowners, tenants, private passenger nonfleet automobile, mobile manufactured home and other property and casualty insurance for personal, family or household needs and such insured has not paid the premium due, the producer may request cancellation of such policy by the insurer, provided the producer has sent, by certified or registered mail, return receipt requested, to the insured at the address shown on the policy, a written notice that includes: (1) The name and address of the insured and the insurer, (2) policy number, (3) an itemization of the premium due the insurance producer stated separately for each policy or endorsement, including separate itemization of all payments received for and credits applied to, each policy, (4) a statement of the insurance producer's intent to request, in writing, cancellation of the policy by the insurer for nonpayment of premium, unless the default is cured not later than fifteen days after the date the notice is postmarked, (5) a statement specifying that in the event the insured submits any written response to the notice, it shall be forwarded to the insurer with the request for cancellation. If written response is received following submission of written request for cancellation, it shall be immediately forwarded to the insurer by the insurance producer. The insurer shall reply directly to the insured not later than ten days after receipt of the insured's response and forward a copy of its response to the producer.
(b) If upon receipt of the written request from the insurance producer, the insurer cancels the policy, such cancellation shall be made in accordance with the policy provisions regarding cancellation for nonpayment of premium and on a pro-rata basis. The producer is entitled to and has a lien on any return premium for the policy, to the extent of the amount owed by the insured to the producer, for such policy.
(c) Any insurance producer or insurer who violates any provisions of this section shall be subject to the provisions of section 38a-817.
(P.A. 82-59; June Sp. Sess. P.A. 83-3, S. 1; P.A. 94-160, S. 10, 24; P.A. 17-15, S. 82.)
History: June Sp. Sess. 83-3 changed term “mobile home” to “mobile manufactured home” in Subsec. (a); Sec. 38-90b transferred to Sec. 38a-716 in 1991; P.A. 94-160 substituted “producer” for “agent or insurance broker” to accurately reflect the modernization and nomenclature of the industry, effective January 1, 1996; P.A. 17-15 made technical changes in Subsec. (a).
See Sec. 1-2a re construction of references to “United States mail”, “postmark” or “registered or certified mail”.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 to, banks, savings and loan associations and credit unions.
(b) No person, partnership, association or corporation licensed under the provisions of section 38a-769, which is owned or controlled, directly or indirectly, by a bank holding company or lending institution, shall negotiate any policy of insurance applicable to any real or personal property which is security for an extension of credit by any lending institution, if approval of the transaction is contingent on the purchase of said insurance.
(c) The terms of this section shall not be construed to apply to any person, partnership, association or corporation owned or controlled by a bank holding company or any lending institution engaged in the activity prohibited hereby on December 31, 1971.
(1972, P.A. 109, S. 1
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3; P.A. 07-217, S. 158; P.A. 14-122, S. 171.)
History: Sec. 38-76c transferred to Sec. 38a-718 in 1991; P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007; P.A. 14-122 made technical changes in Subsec. (a).
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 deemed to have been received by the insurer or other person utilizing the services of the third-party administrator.
(b) Return premium payments or claim payments forwarded by the insurer or other person utilizing the services of the third-party administrator to the third-party administrator shall not be deemed to have been paid to the insured or claimant until such payments are received by such insured or claimant.
(c) Nothing in this section shall limit any right of an insurer or other person utilizing the services of a third-party administrator to bring a cause of action arising from the failure of such third-party administrator to make payments to the insurer, other person utilizing the services of the third-party administrator, insureds or claimants.
(P.A. 11-58, S. 22.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 the services of the third-party administrator in its advertising shall obtain such customer's or person's prior written consent.
(P.A. 11-58, S. 24.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 claims payment procedures for the lines, classes or types of insurance such third-party administrator is authorized to administer, and for securing reinsurance, if any. The insurer or other person utilizing the services of a third-party administrator shall provide to such third-party administrator, in writing, procedures pertaining to such third-party administrator's administration of benefits, premium rates, underwriting criteria and claims payment. Each insurer or other person utilizing the services of a third-party administrator shall be responsible for the competent administration of such insurer's or other person's benefit and service programs.
(b) If a third-party administrator administers benefits for more than one hundred certificate holders on behalf of an insurer or other person utilizing the services of a third-party administrator, such insurer or other person shall, at least semiannually, conduct a review of the operations of the third-party administrator. At least one such review shall be an on-site audit of the operations of the third-party administrator.
(P.A. 11-58, S. 25.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 such insurer or other person, shall be held by the third-party administrator in a fiduciary capacity. The funds shall be immediately remitted to the person entitled to them or deposited promptly in a fiduciary account established and maintained by the third-party administrator in a federal or state chartered, federally insured financial institution. The third-party administrator shall render an accounting to the insurer or other person utilizing the services of a third-party administrator that details all transactions performed by the third-party administrator pertaining to the business underwritten by the insurer or the business of the person utilizing the services of a third-party administrator.
(b) Each third-party administrator that deposits in a fiduciary account charges or premiums collected on behalf of or for one or more insurers or other persons utilizing the services of the third-party administrator shall keep clear records of the deposits in and withdrawals from the account on behalf of each insurer or other person utilizing the services of the third-party administrator. The third-party administrator shall keep copies of all the records and, upon request by the insurer or other person utilizing the services of the third-party administrator, shall furnish such insurer or other person with a copy of the records of the deposits and withdrawals pertaining to such insurer or other person.
(c) A third-party administrator shall not pay any claim by making withdrawals from a fiduciary account in which premiums or charges are deposited. Withdrawals from the account shall be made as provided in the written agreement set forth in subsection (c) of section 38a-720a.
(d) All claims paid by the third-party administrator from funds collected on behalf of or for an insurer or other person utilizing the services of the third-party administrator shall be paid only by drafts or checks of, and as authorized by, such insurer or other person.
(P.A. 11-58, S. 26.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 of the third-party administrator's commissions, fees, or charges contingent upon savings effected in the adjustment, settlement or payment of losses covered by the insurer's or other person utilizing the services of the third-party administrator's obligations. This provision shall not prohibit a third-party administrator from receiving performance-based compensation for providing hospital auditing or other auditing services.
(b) This section shall not prevent the compensation of a third-party administrator from being based on premiums or charges collected or the number of claims paid or processed.
(P.A. 11-58, S. 27.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 policyholder and the insurer or other person utilizing the services of the third-party administrator.
(b) When a third-party administrator collects premiums, charges or fees, the reason for collection of each item shall be identified to the insured and each item shall be shown separately. Additional charges shall not be made for services to the extent the services have been paid for by the insurer or other person utilizing the services of the third-party administrator.
(c) The third-party administrator shall disclose to the insurer or other person utilizing the services of the third-party administrator all charges, fees and commissions that the third-party administrator receives arising from services it provides for the insurer or other person utilizing the services of the third-party administrator, including any fees or commissions paid by insurers providing reinsurance or stop loss coverage.
(P.A. 11-58, S. 28.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 for delivery to such insurer's or other person's insureds shall be delivered by the third-party administrator promptly after receipt of instructions to deliver them from an insurer or other person utilizing the services of the third-party administrator.
(P.A. 11-58, S. 29.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, only in connection with life, annuity or health coverage provided by a self-funded plan other than governmental or church plans, shall register annually with the commissioner not later than October first on a form designated by the commissioner.
(P.A. 11-58, S. 31.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701a - Insurance Producers, Agents and Third-Party Administrators › Section 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 bond required under subdivision (1) of subsection (a) of section 38a-720j and, if applicable, subsection (h) of section 38a-720j, remain in force. The information contained in such renewal filing shall be verified by at least two officers of the third-party administrator.
(b) The renewal filing shall include the complete names and addresses of all insurers or other persons with which the third-party administrator had written agreements during the preceding fiscal year.
(P.A. 11-58, S. 32; P.A. 12-145, S. 26; P.A. 15-187, S. 5; P.A. 17-15, S. 84.)
History: P.A. 12-145 amended Subsec. (a) to replace reference to “this section” with reference to Sec. 38a-720j, effective June 15, 2012; P.A. 15-187 amended Subsecs. (a) and (b) to replace references to and filing deadline for annual report with references to renewal filing and deleted former Subsecs. (c) and (d) re payment of annual report filing fee and review of annual reports by commissioner; P.A. 17-15 made technical changes in Subsec. (a).
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701b - Public Adjusters › Section 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 compensation or anything of value, (A) prepares, documents and submits a first-party property claim to an insurance company for loss or damage by a covered peril under a personal or commercial risk insurance policy, as defined in section 38a-663, issued by such company, or (B) negotiates, adjusts or effects the settlement of such claim;
(2) Advertises or solicits business as a public adjuster; or
(3) Holds himself or itself out to the public as engaging in the activities set forth in subparagraphs (A) and (B) of subdivision (1) of this section as a business. Lawyers settling claims of clients shall not be deemed to be public adjusters.
(P.A. 90-243, S. 23; P.A. 95-79, S. 147, 189; P.A. 10-32, S. 123; 10-79, S. 1.)
History: P.A. 95-79 redefined “public adjuster” to include a limited liability company, effective May 31, 1995; P.A. 10-32 made technical changes, effective May 10, 2010; P.A. 10-79 redefined “public adjuster” and made technical changes.
Employment contract between licensed public adjuster and property owner was unenforceable because statute and regulations governing public adjusters limit a licensed public adjuster's employment to adjusting losses and damages arising under a fire insurance policy on behalf of an insured under the policy; additionally, it was a condition precedent to enforcement of a licensed public adjuster's employment contract that such adjuster represent an insured party. 252 C. 400.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701b - Public Adjusters › Section 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 displayed on the first page of such contract in not less than twelve-point boldface type, specifying that the insured may cancel the contract, provided such insured notifies the public adjuster at such public adjuster's main office or branch office at the address shown in the contract, by certified mail, return receipt requested or, if agreed between the insured and the public adjuster, by electronic means with proof of a delivery receipt, posted or delivered not later than midnight of the fourth calendar day after the day on which the insured signs the contract, except that if the signing is on a Friday, Saturday or Sunday, the cancellation shall be posted not later than midnight of the Thursday immediately following, and thereafter the contract shall be void ab initio.
(2) Any such contract signed on or after July 1, 2019, that does not display the provision as specified in subdivision (1) of this subsection shall be void ab initio.
(b) No public adjuster shall solicit an insured between the hours of eight o'clock p.m. and eight o'clock a.m. Any public adjuster employment contract that results from a public adjuster's solicitation between such hours shall be void ab initio.
(P.A. 90-243, S. 169; P.A. 10-79, S. 2; P.A. 13-138, S. 3; P.A. 14-175, S. 4; P.A. 18-158, S. 17; P.A. 19-125, S. 6, 16.)
History: P.A. 10-79 designated existing provisions as Subsec. (a) and amended same to replace “client” with “insured” and make technical changes, and added Subsec. (b) re solicitation prohibition; P.A. 13-138 amended Subsec. (a) to designate existing provision re contract cancellation as Subdiv. (1) and amend same to add provision re prominent display of cancellation provision, replace “second calendar day” with “fourth calendar day” and replace “Tuesday immediately following” with “Thursday immediately following”, and to add Subdiv. (2) re penalty for failure to display cancellation provision; P.A. 14-175 amended Subsec. (b) to add provision re contract that results from solicitation during prohibited hours to be void ab initio; P.A. 18-158 amended Subsec. (a) by substituting “2019” for “2013” and adding provisions re notice by electronic means and proof of delivery, effective October 1, 2019; P.A. 19-125 amended Subsec. (a) by substituting “July 1, 2019” for “October 1, 2013” in Subdivs. (1) and (2) and adding provisions in Subdiv. (1) re notice by electronic means, and repealed P.A. 18-158, S. 17, effective July 1, 2019.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701b - Public Adjusters › Section 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 commissioner authorizing the person so to act, shall be fined not more than ten thousand dollars or imprisoned not more than three months, or both.
(P.A. 90-243, S. 25; P.A. 08-178, S. 27.)
History: P.A. 08-178 made technical changes and increased maximum fine from $500 to $10,000.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701b - Public Adjusters › Section 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 shall be based only on the amount of the insurance settlement proceeds actually received by the insured and shall be collected by such public adjuster after the insured has received such proceeds from the insurer.
(P.A. 90-326; P.A. 12-162, S. 4.)
History: P.A. 12-162 designated existing provision as Subsec. (a) and added Subsec. (b) re basis of fee charged by public adjuster, effective July 1, 2012.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701c - Certified Insurance Consultants › Section 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 giving, or give or offer to give, any advice, counsel, recommendation or information in respect to the terms, conditions, benefits, coverage or premium of any such policy or contract, or in respect to the expediency or advisability of altering, changing, exchanging, converting, replacing, surrendering, continuing, renewing or rejecting any such policy or contract, or of accepting or procuring any such policy or contract from any company, or, in or on advertisements, cards, signs, circulars or letterheads, or elsewhere, or in any other way or manner by which public announcements are made, use the title “certified insurance consultant”, “certified insurance advisor”, “certified insurance specialist”, “certified insurance counselor”, “certified insurance analyst”, “certified policyholders' advisor”, “certified policyholders' counselor”, or any other similar title, or any title, word or combination of words indicating that he gives, or is engaged in the business of giving, advice, counsel, recommendation or information to holders of policies of insurance or annuity or pure endowment contracts, unless he holds a license as a certified insurance consultant under the provisions of sections 38a-731 to 38a-735, inclusive, and 38a-786.
(1969, P.A. 817, S. 1; 1971, P.A. 292, S. 1.)
History: 1971 act added “certified” in titles the use of which is prohibited by unlicensed persons and substituted Secs. “38-92c, 38-92d and 38-92f to 38-92i” for Secs. “38-92c to 38-92j”; Sec. 38-92c transferred to Sec. 38a-731 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701c - Certified Insurance Consultants › Section 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 executed, in duplicate, by the person to be charged or by his legal representative, nor unless one of such duplicates is delivered to, or retained by, such person when it is signed by him, nor unless it plainly specifies the amount of the fee paid or payable by such person and the services to be rendered by such certified insurance consultant, nor unless it is in a form currently approved by the commissioner.
(1969, P.A. 817, S. 4; 1971, P.A. 292, S. 3.)
History: 1971 act specified applicability to “certified” consultants; Sec. 38-92f transferred to Sec. 38a-732 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701c - Certified Insurance Consultants › Section 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 written contract conforming to section 38a-732 and in full force and effect shall thereupon, in every case, give to the recipient thereof a statement in writing, signed by the consultant, in a form currently approved by the commissioner, specifying the advice, counsel, recommendation or information given, and a receipt, in a form currently approved by the commissioner, for the fee paid to the consultant or a statement, in a form currently approved by the commissioner, of the fee to be received by the consultant therefor. Any person who violates any provision of this section shall be fined not less than two hundred fifty or more than two thousand five hundred dollars.
(1969, P.A. 817, S. 5; 1971, P.A. 292, S. 4; P.A. 08-178, S. 28.)
History: 1971 act specified applicability to “certified” consultants; Sec. 38-92g transferred to Sec. 38a-733 in 1991; P.A. 08-178 made technical changes and increased minimum fine from $50 to $250 and maximum fine from $500 to $2,500.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701c - Certified Insurance Consultants › Section 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 consultant and as such serving any person, firm, association, organization or corporation, not engaged in the insurance business, for compensation paid or to be paid by the person served, shall directly or indirectly receive any part of any commission or compensation paid by any insurer or producer in connection with the sale or writing of any insurance which is within the subject matter of any such service. The provisions of this section shall not apply to an insurance producer who is an advisory representative of a registered investment adviser registered pursuant to the Investment Advisers Act of 1940, 15 USC 80b-1, et seq., provided the insurance producer makes full disclosure in a written memorandum, signed by the party to be charged, which specifies the amount of such fee or compensation for services performed pursuant to the Investment Advisers Act of 1940 and which also discloses that a commission may be paid to the insurance producer from the sale of any insurance. Any person violating the provisions of this section shall be fined not less than two hundred fifty dollars or more than two thousand five hundred dollars or imprisoned not less than thirty days or more than three months, or both.
(1969, P.A. 817, S. 6; 1971, P.A. 292, S. 5; P.A. 94-160, S. 12, 24; P.A. 96-48, S. 2; P.A. 08-178, S. 29; P.A. 12-80, S. 182.)
History: 1971 act specified applicability to “certified” consultants; Sec. 38-92h transferred to Sec. 38a-734 in 1991; P.A. 94-160 substituted “producer” for “agent of any insurer” to accurately reflect the modernization and nomenclature of the industry, effective January 1, 1996; P.A. 96-48 exempted producers who provide the prescribed disclosures and are advisory representatives of an investment advisor registered under the federal Investment Advisers Act; P.A. 08-178 made technical changes and increased minimum fine from $50 to $250 and maximum fine from $500 to $2,500; P.A. 12-80 replaced maximum term of imprisonment of “ninety days” with “three months” and made technical changes.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701c - Certified Insurance Consultants › Section 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 than two thousand five hundred dollars or be imprisoned not more than six months, or both.
(1969, P.A. 817, S. 7; 1971, P.A. 292, S. 6; P.A. 08-178, S. 30.)
History: 1971 act specified applicability to “certified” consultants; Sec. 38-92i transferred to Sec. 38a-735 in 1991; P.A. 08-178 made technical changes and increased minimum fine from $50 to $250 and maximum fine from $500 to $2,500.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701d - Surplus Lines Brokers › Section 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 under subsection (a) of section 38a-794, from any such unauthorized insurer; (2) require any unauthorized insurer from which any surplus lines broker has procured or intends to procure any policy of insurance, as is permitted under subsection (a) of section 38a-794, to file with the commissioner such evidence and in such form as the commissioner prescribes to enable the commissioner to establish the financial stability, qualifications and general suitability of such unauthorized insurer to issue any policy of insurance through any surplus lines broker, under section 38a-794; and (3) establish such reasonable filing fees as may be necessary to defray the cost of examining evidence filed with the commissioner by an unauthorized insurer either voluntarily or pursuant to the provisions of this section.
(P.A. 90-243, S. 36; P.A. 15-118, S. 56.)
History: P.A. 15-118 added reference to Ch. 54 and made technical changes.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701d - Surplus Lines Brokers › Section 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 commissioner at all reasonable times and shall show: (1) The exact amount of each kind of insurance permitted under sections 38a-741 to 38a-744, inclusive, and 38a-794 that has been procured for each insured; (2) the gross premiums charged by the insurers for each kind of insurance permitted under section 38a-794; (3) the amount of each kind of premiums of insurance permitted by section 38a-794 that were returned to each insured; (4) the name of the insurer or insurers that issued each of such policies; (5) the effective dates of such policies; and (6) the terms for which they were issued.
(1953, S. 2803d; P.A. 01-113, S. 34, 42; P.A. 15-118, S. 57.)
History: Sec. 38-82 transferred to Sec. 38a-742 in 1991 (Revisor's note: In 1995 the reference to Sec. “38a-377” was deleted editorially by the Revisors to reflect the repeal of that section by public act 93-297, S. 28); P.A. 01-113 deleted reference to Sec. 38a-795, made a technical change and redesignated Subdivs. (a) to (f) as Subdivs. (1) to (6), effective September 1, 2002; P.A. 15-118 made technical changes.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701d - Surplus Lines Brokers › Section 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, S. 28.)
History: Sec. 38-85 transferred to Sec. 38a-744 in 1991; P.A. 01-113 deleted reference to Sec. 38a-795, effective September 1, 2002; P.A. 12-145 deleted reference to Sec. 38a-777, effective June 15, 2012.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 701d - Surplus Lines Brokers › Section 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 cover, in not less than twelve-point boldface type in capital letters, the following:
NOTICE
THIS IS A SURPLUS LINES POLICY AND IS NOT PROTECTED BY THE CONNECTICUT INSURANCE GUARANTY ASSOCIATION OR SUBJECT TO REVIEW BY THE CONNECTICUT INSURANCE DEPARTMENT. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THIS POLICY.
(P.A. 87-175, S. 3, 4; P.A. 90-243, S. 37; P.A. 01-113, S. 37, 42; P.A. 08-129, S. 1; P.A. 12-145, S. 29; P.A. 14-175, S. 6.)
History: P.A. 90-243 made a technical correction; Sec. 38-86a transferred to Sec. 38a-745 in 1991; P.A. 01-113 deleted reference to Sec. 38a-795, effective September 1, 2002; P.A. 08-129 amended notice required to appear on cover of insurance policy issued by surplus lines insurers; P.A. 12-145 deleted reference to Sec. 38a-777, effective June 15, 2012; P.A. 14-175 added provisions making section applicable to policy renewed on or after January 1, 2015, and amending notice required to appear on cover of policy, effective January 1, 2015.