reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 37 - Interest › Chapter 673 - Interest › Section 37-3b. - Rate of interest recoverable in negligence actions.

(a) For a cause of action arising on or after May 27, 1997, interest at the rate of ten per cent a year, and no more, shall be recovered and allowed in any action to recover damages for injury to the person, or to real or personal property, caused by negligence, computed from the date that is twenty days after the date of judgment or the date that is ninety days after the date of verdict, whichever is earlier, upon the amount of the judgment.
(b) If any plaintiff in such action files a postverdict or postjudgment motion or an appeal, the recovery of interest by such plaintiff shall be tolled and interest shall not be added to the judgment for the period that such postverdict or postjudgment motion or appeal is pending before the court. The provisions of this subsection shall not apply if the reason for the filing of a postverdict or postjudgment motion or appeal by the plaintiff is to reply to or answer a motion or appeal filed by a defendant.
(P.A. 81-315, S. 2; P.A. 97-58, S. 2, 5.)
History: P.A. 97-58 designated existing provisions as Subsec. (a) and amended said Subsec. to make the recovery of interest mandatory, rather than discretionary, for causes of action arising on or after May 27, 1997 and to provide that the interest shall be computed “from the date that is 20 days after the date of judgment or the date that is 90 days after the date of verdict, whichever is earlier, upon the amount of the judgment” rather than “from the date of judgment”, and added Subsec. (b) re the effect on the recovery of interest when the plaintiff files a postverdict or postjudgment motion or an appeal, effective May 27, 1997.
Standard to determine award of interest under Sec. 37-3a is no different from the standard under version of this section in effect before 1997 amendment; interest is authorized when trial court determines, in its discretion, that considerations of fairness and equity warrant such an award; trial court misconstrued standard of Sec. 37-3a as requiring proof of wrongfulness over and above proof of the underlying legal claim, and because trial court did not exercise the discretion contemplated by said section, its decision to deny postjudgment interest under this section was improper. 310 C. 38. 2005 revision authorizes award of postjudgment interest at an annual rate of up to 10 per cent and does not restrict discretion of the trial court to choose any rate within that range or limit the trial court to a consideration of specific factors not enumerated in section; the legal duty to pay postjudgment interest arises when the trial court, in the exercise of its discretion, awards such postjudgment interest, and not beforehand, and the interest on the award of such postjudgment interest does not lawfully begin to accrue until such date. 316 C. 790.
Cited. 15 CA 381; 31 CA 455; 45 CA 543.
2023 Connecticut General Statutes › Title 37 - Interest › Chapter 673 - Interest › Section 37-3c. - Rate of interest recoverable in condemnation cases.

The judgment of compensation for a taking of property by eminent domain shall include interest at a rate that is reasonable and just on the amount of the compensation awarded. If a court does not set a rate of interest on the amount of compensation awarded, the interest shall be calculated as follows: (1) If the period for which interest is owed does not exceed one year, interest shall be calculated from the date of taking at an annual rate equal to the weekly average one-year constant maturity yield of United States Treasury securities, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of taking; and (2) if the period for which interest is owed exceeds one year, interest for the first year shall be calculated pursuant to the provisions of subdivision (1) of this section and interest for each additional year shall be calculated on the combined amount of principal, which is the amount by which the compensation award exceeds the original condemnation deposit, plus accrued interest at an annual rate equal to the weekly average one-year constant maturity yield of United States Treasury securities, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the beginning of each year for which interest is owed. Such judgment shall not include interest on any funds deposited by the condemnor as compensation for the taking for the period after such deposited funds become available for withdrawal by the condemnee. The interest shall accrue from the date of taking to the date of payment.
(P.A. 87-260, S. 3; P.A. 95-343, S. 1, 2; P.A. 02-52, S. 1.)
History: P.A. 95-343 added provisions re calculation of interest applicable if court does not set rate of interest on amount of compensation awarded, effective July 13, 1995; P.A. 02-52 changed the rate of interest from the coupon issue yield equivalent of the average accepted auction price of 52-week U.S. Treasury bills settled immediately prior to the date of taking to the weekly average one-year constant maturity yield of U.S. Treasury securities for the calendar week preceding the date of taking, effective May 9, 2002.
Section unambiguously dictates that when the “judgment of compensation” does not include a rate of interest, the default rate applies. There is no authority allowing a trial court to adopt another rate of interest. 330 C. 200.
Cited. 21 CA 359. Trial court's statement that final award included, “all claims for interest, costs and appraisal fees,” precluded proper application of statute by preventing landowner from claiming interest on damages awarded to him. 109 CA 16.
2023 Connecticut General Statutes › Title 37 - Interest › Chapter 673 - Interest › Section 37-5. - Notes not to be accepted for greater amounts than loaned.

No person and no firm or corporation, or agent thereof, shall, with intent to evade the provisions of section 37-4, accept a note or notes for a greater amount than that actually loaned.
(1949 Rev., S. 6780.)
Unlawful intent as well as acceptance must be proved. 94 C. 148; 101 C. 558; 118 C. 4. Intent to violate statute as a matter of law. 130 C. 552. Cited. 113 C. 571; 117 C. 255; 120 C. 665; 123 C. 95; 126 C. 338. Transactions between plaintiff and defendant were sales of notes and contracts and not usurious even though interest exceeded 12 per cent. 139 C. 424. Cited. 145 C. 465. Unless the difference between the actual amount of the loan and the face amount of the note are explained to show that interest does not exceed 12 per cent, the loan is per se usurious and in violation of Sec. 37-4. 151 C. 21. Where lender was a 78-year-old woman and borrower, an astute businessman, persuaded lender not to seek legal counsel and to accept his note in an usurious amount, held no intent to evade provisions of Sec. 37-4. 153 C. 400. Cited. 172 C. 395; 188 C. 477; 211 C. 613.
Cited. 6 CA 691; 21 CA 131.
Cited. 1 CS 160. Does not apply to any loan made by any national bank or any state bank or trust company incorporated in Connecticut. 32 CS 245.
2023 Connecticut General Statutes › Title 37 - Interest › Chapter 673 - Interest › Section 37-6. - Certain expenses not to be charged to the borrower.

No person and no firm or corporation, or agent thereof, shall charge a borrower with any expense of inquiry as to his financial responsibility or expense of negotiating a loan, or charge, at the time of making the loan, the expense of collecting the interest and principal of the loan, unless the total of such charges and of the interest agreed upon is, during any one year, twelve per cent of the loan or less.
(1949 Rev., S. 6781.)
Cited. 113 C. 571; 120 C. 665; 145 C. 342, 465; 172 C. 395; 211 C. 613.
Cited. 6 CA 691.
Cited. 1 CS 160.
2023 Connecticut General Statutes › Title 37 - Interest › Chapter 673 - Interest › Section 37-7. - Penalty.

Any person who, individually, or as a member of any firm, or as an officer of any corporation, or as an agent of any firm or corporation, violates any provision of section 37-4, 37-5 or 37-6 shall be fined not more than one thousand dollars or imprisoned not more than six months or both.
(1949 Rev., S. 6782.)
Cited. 126 C. 338; 149 C. 12.
Cited. 6 CA 691; 44 CA 439; Id., 471.
Cited. 8 CS 245.
Cited. 6 Conn. Cir. Ct. 283.
2023 Connecticut General Statutes › Title 37 - Interest › Chapter 673 - Interest › Section 37-8. - Actions not to be brought on prohibited loans.

No action shall be brought to recover principal or interest, or any part thereof, on any loan prohibited by sections 37-4, 37-5 and 37-6, or upon any cause arising from the negotiation of such loan.
(1949 Rev., S. 6783.)
Cited. 111 C. 87; 120 C. 665. Acceptance of note appearing to be usurious on its face is not sufficient to invoke ban of this section; intent to evade Sec. 37-4 must also be proved. 118 C. 4. Voluntary taking or reservation of more than legal interest is per se usurious; specific intent to violate Sec. 37-4 is not essential. 123 C. 94; 130 C. 552. Where no evidence is offered to explain difference between amount of note and actual loan, court may justifiably find note usurious. 126 C. 339. Statute makes no distinction between rights of an accommodation party who has participated in the usurious transaction and one who has not. 138 C. 636. Cited. 139 C. 425. Where note which would be usurious in Connecticut was executed in New York and payable there, action could be brought thereon in Connecticut, since controlling statute re usury was that of New York. 149 C. 9. Same result where note was executed in Connecticut for convenience of defendant cosigner but delivery was in Massachusetts. Id., 159. Where lender was a 78-year-old woman and borrower, an astute businessman, persuaded her not to seek legal counsel and to accept his note in an usurious amount, action on note allowed. 153 C. 400, 406. Cited. 193 C. 304; 211 C. 613.
Cited. 3 CA 306. Provisions of this statute and Sec. 37-4 bar a deficiency judgment in this case. 6 CA 691. Cited. 21 CA 131; 44 CA 439; Id., 471.
A conditional bill of sale given to avoid the usury statute is void. 1 CS 160. A first mortgage given to secure the performance of an illegal and unenforceable loan is equally ineffective. 8 CS 245. Cited. 33 CS 554.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-2. (Formerly Sec. 38-2). - General penalty.

Any person or corporation violating any provision of this title for the violation of which no other penalty is provided shall be fined not more than fifteen thousand dollars.
(1949 Rev., S. 6275; P.A. 83-255, S. 1, 2; P.A. 08-178, S. 1.)
History: P.A. 83-255 increased maximum fine from $500 to $7,500; Sec. 38-2 transferred to Sec. 38a-2 in 1991; P.A. 08-178 increased maximum fine from $7,500 to $15,000.
Annotation to former section 38-2:
Cited. 162 C. 504.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-7. (Formerly Sec. 38-3). - Appointment of commissioner.

In accordance with the provisions of sections 4-5 to 4-8, inclusive, the Governor shall appoint some suitable person, not a director, officer or agent of an insurance company, to be Insurance Commissioner.
(1949 Rev., S. 6025; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 267, 345, 348.)
History: P.A. 77-614 made insurance department a division within the department of business regulation, retaining insurance commissioner as its head, effective January 1, 1979; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished the department of business regulation; Sec. 38-3 transferred to Sec. 38a-7 in 1991.
Annotation to former section 38-3:
Cited. 140 C. 222.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-8a. - Regulations on security and privacy standards.

The Insurance Commissioner may adopt regulations, in accordance with chapter 54, to establish security and privacy standards consistent with Title V of the Gramm-Leach-Bliley Financial Modernization Act of 1999, Public Law 106-102 (15 USC 6801 et seq.). Such regulations may be made applicable to any person regulated under this title.
(P.A. 02-40, S. 1.)
History: P.A. 02-40 effective May 6, 2002.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-8b. - Stop loss policies. Sale in this state. Regulations.

No stop loss policy may be issued or delivered in this state unless a copy of the stop loss policy form has been submitted to, and approved by, the Insurance Commissioner pursuant to regulations that the commissioner may adopt in accordance with chapter 54. Such regulations, if adopted, shall include, but need not be limited to, a definition of a stop loss policy and the standards for filing and review of stop loss policies.
(P.A. 04-49, S. 2.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-10. (Formerly Sec. 38-4c). - Regulations on arbitration procedure.

The Insurance Commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of subsection (b) of section 38a-9. Copies of the regulations shall be provided to any person upon request.
(P.A. 88-326, S. 10.)
History: Sec. 38-4c transferred to Sec. 38a-10 in 1991; (Revisor's note: In 1997 a reference to “Commissioner of Insurance” was changed editorially by the Revisors to “Insurance Commissioner” for consistency with customary statutory usage).
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-12. (Formerly Sec. 38-5). - Annual report to Governor.

The commissioner shall, annually, submit to the Governor a report of the commissioner's official acts and of the condition of all insurance companies doing business in this state, with a condensed statement of their reports made to the commissioner or accepted by the commissioner, together with an abstract of all accounts rendered to any court by any receiver of a domestic insurance company, a statement of the fees received by the commissioner and paid by the commissioner to the Treasurer and such other facts as are required by law.
(1949 Rev., S. 6030; P.A. 00-211, S. 3; P.A. 09-74, S. 3; P.A. 15-118, S. 31; P.A. 21-157, S. 2.)
History: Sec. 38-5 transferred to Sec. 38a-12 in 1991; P.A. 00-211 designated existing provisions as Subsec. (a) and made provisions gender neutral, and added new Subsec. (b) re annual reports to the insurance committee of the General Assembly re information received pursuant to Secs. 29-311, 31-290d, 38a-356 and 53-445; P.A. 09-74 made a technical change in Subsec. (b), effective May 27, 2009; P.A. 15-118 amended Subsec. (b) to replace “January 15, 2001, and annually thereafter,” with “January fifteenth annually,”; P.A. 21-157 deleted former Subsec. (b) and made a conforming change, effective July 12, 2021.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-13. (Formerly Sec. 38-13). - Annual report to state names of companies.

The commissioner shall, in his annual report to the Governor, state the names of the companies so taken possession of, whether the same have resumed business or have been liquidated, and such other facts as shall acquaint the policyholders, creditors, stockholders and public with his proceedings relating thereto; and, to that end, any special deputy in charge of any such company shall file, annually, with the commissioner, a report of the affairs of such company.
(1949 Rev., S. 6039.)
History: Sec. 38-13 transferred to Sec. 38a-13 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-16. (Formerly Sec. 38-7a). - Investigations and hearings by Insurance Commissioner. Subpoenas. Injunctive relief.

(a)(1) The Insurance Commissioner or the commissioner's authorized representative may, as often as the commissioner deems necessary, conduct investigations and hearings in aid of any investigation on any matter under the provisions of this title. Pursuant to any such investigation or hearing, the commissioner or the commissioner's authorized representative may issue data calls, subpoenas, administer oaths, compel testimony, order the production of books, records, papers and documents, and examine books and records. If any person refuses to allow the examination of books and records, to appear, to testify or to produce any book, record, paper or document when so ordered, a judge of the Superior Court, upon application of the commissioner or the commissioner's authorized representative, may make such order as may be appropriate to aid in the enforcement of this section.
(2) Data provided in response to a data call under this section shall not be subject to disclosure under section 1-210.
(b) The Attorney General, at the request of the commissioner, is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of this title.
(P.A. 86-95, S. 2, 3; P.A. 09-74, S. 7; P.A. 16-213, S. 2.)
History: Sec. 38-7a transferred to Sec. 38a-16 in 1991; P.A. 09-74 made technical changes in Subsec. (a), effective May 27, 2009; P.A. 16-213 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and amending same by authorizing commissioner to issue data calls and by adding Subdiv. (2) re data provided in response to data call.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-17. (Formerly Sec. 38-8). - Authority of commissioner when business is being conducted improperly.

If, in the opinion of the commissioner, any insurance company, fraternal benefit society, health care center or residual market mechanism is doing business in an illegal or improper manner or is failing to adjust and pay losses and obligations when they become due, except claims to which, in the judgment of the commissioner there is a substantial defense, the commissioner may order it to discontinue such illegal or improper method of doing business and may order it to adjust and pay its losses and obligations as they become due.
(1949 Rev., S. 6031; P.A. 92-60 S. 1; P.A. 09-74, S. 8.)
History: Sec. 38-8 transferred to Sec. 38a-17 in 1991; P.A. 92-60 applied provisions of section to fraternal benefit societies, health care centers and residual market mechanisms; P.A. 09-74 made technical changes, effective May 27, 2009.
Annotation to former section 38-8:
Commissioner may inquire into reasons why company denies liability on policy. 86 C. 556.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-18. (Formerly Sec. 38-9). - Application by commissioner to act as receiver.

Section 38a-18 is repealed, effective July 1, 2017.
(1949 Rev., S. 6035; 1957, P.A. 448, S. 44; 1967, P.A. 518; 1971, P.A. 179, S. 24; P.A. 77-614, S. 486, 610; P.A. 78-280, S. 2, 127; P.A. 90-243, S. 5; P.A. 00-99, S. 83, 154; P.A. 09-74, S. 9; P.A. 11-51, S. 134; P.A. 17-198, S. 34.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-19. (Formerly Sec. 38-349). - Hearings on orders of commissioner. Appeals.

(a) Any person or insurer aggrieved by any order or decision of the commissioner made without a hearing may, not later than thirty days after notice of the order to the person or insurer, make written request to the commissioner for a hearing on the order or decision. The commissioner shall hear such party or parties not later than thirty days after receipt of such request and shall give not less than ten days' written notice of the time and place of the hearing. Not later than forty-five days after such hearing, the commissioner shall affirm, reverse or modify his previous order or decision, specifying his reasons therefor. Pending such hearing and decision on such hearing the commissioner may suspend or postpone the effective date of his previous order or decision.
(b) Nothing contained in this section or sections 38a-363 to 38a-388, inclusive, shall require the observance at any hearing of formal rules of pleading or evidence.
(c) The provisions of this section shall not apply to an order or decision of the commissioner made pursuant to section 38a-591g.
(d) Any order or decision of the commissioner shall be subject to appeal therefrom in accordance with the provisions of section 4-183.
(1972, P.A. 273, S. 31; P.A. 76-436, S. 636, 681; P.A. 77-603, S. 121, 125; P.A. 92-60, S. 2; P.A. 98-98, S. 2; P.A. 06-54, S. 1; P.A. 07-113, S. 2; P.A. 11-58, S. 68.)
History: P.A. 76-436 replaced court of common pleas with superior court in Subsec. (c), effective July 1, 1978; P.A. 77-603 replaced previous appeal provisions of Subsec. (c) with statement requiring that appeals be made in accordance with Sec. 4-183; Sec. 38-349 transferred to Sec. 38a-19 in 1991; P.A. 92-60 made technical changes in Subsec. (a) for statutory consistency; P.A. 98-98 amended Subsec. (a) to substitute “not later than” for “within” re days, to replace references to “thereon” and to substitute “order or decision” for “action”, added new Subsec. (c) to make section inapplicable to an order or decision made pursuant to Sec. 38a-478n, and redesignated existing Subsec. (c) as Subsec. (d); P.A. 06-54 amended Subsec. (a) to require commissioner to hold hearing not later than 30 days after receipt of request, in lieu of 20 days, to require commissioner to render decision not later than 45 days after hearing, in lieu of 15 days, and to make a technical change; P.A. 07-113 amended Subsec. (c) to make section inapplicable to order or decision made pursuant to Sec. 38a-477b; P.A. 11-58 amended Subsec. (c) to substitute reference to Secs. 38a-477b and 38a-478n with reference to Sec. 38a-591g, effective July 1, 2011.
Annotations to former section 38-349:
Cited. 169 C. 267; 186 C. 507.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-20. (Formerly Sec. 38-17). - Emergency regulations.

Whenever the Governor declares, by proclamation, bank and credit union holidays or periods of banking emergency, under section 36a-23, or whenever the Governor determines, and by proclamation declares, that the conditions in another state or in other states, affecting insurance companies located in Connecticut, create an emergency, the commissioner, with the approval of the Governor, during such period or periods may issue and enforce regulations for the management and operation of the insurance companies located or doing business within this state for the protection of the policyholders and stockholders of such companies, having special regard to the financial conditions resulting from such holiday and emergency periods.
(1949 Rev., S. 6043; 1969, P.A. 504, S. 22; P.A. 00-6, S. 4.)
History: 1969 act substituted reference to Sec. 36-28a for reference to Sec. 36-28, repealed by same act; Sec. 38-17 transferred to Sec. 38a-20 in 1991; P.A. 00-6 replaced “bank holiday” with “bank and credit union holidays”.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-22. - Electronic filing and submission.

(a) Notwithstanding any provision of the general statutes, the Insurance Commissioner may require that any person required by any provision of this title to make a filing or submission to the commissioner make such filing or submission to the commissioner by electronic means.
(b) Any person required to make a filing or submission to the commissioner by electronic means pursuant to subsection (a) of this section may submit a request to the commissioner seeking an exception to the requirement.
(c) The commissioner shall grant a request submitted pursuant to subsection (b) of this section if the commissioner determines that compliance with the requirement imposed pursuant to subsection (a) of this section is impractical, would cause the person seeking the exception to suffer undue hardship or that good cause exists to grant the requested exception.
(P.A. 18-158, S. 1.)
History: P.A. 18-158 effective June 13, 2018.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-23. - Biannual report by commissioner re climate-related risks and climate change.

(a) Not later than April 1, 2022, and biennially thereafter until April 1, 2032, the Insurance Commissioner shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to insurance. The report shall disclose, for the preceding two calendar years, the Insurance Department's:
(1) Progress toward:
(A) Addressing climate-related risks, including, but not limited to, the department's progress toward integrating such risks into:
(i) Risk-based capital requirements;
(ii) Regular supervisory examinations; and
(iii) Own risk and solvency assessments; and
(B) Incorporating the reduced levels of emissions of greenhouse gas established in section 22a-200a into the department's regulatory and supervisory actions by, among other things, addressing the impacts of thermal coal, tar sands and Arctic oil and gas; and
(2) Regulatory and supervisory actions to bolster the resilience of insurers to the physical impacts of climate change.
(b) The commissioner may engage the services of third-party actuaries, professionals and specialists that the commissioner deems necessary to assist the commissioner in fulfilling the requirements of this section.
(June Sp. Sess. P.A. 21-2, S. 312.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-26. - Procedure for service of process.

(a) Service of process on the commissioner as provided in section 38a-25 shall be made by delivering two copies thereof to the commissioner, or to the office of the commissioner, or to an official or office of an official designated by the commissioner to receive service. The person serving process shall pay to the office of the commissioner the fee set for that service by section 38a-11, for each person or insurer to be served.
(b) The commissioner shall immediately send by registered or certified mail one copy of the process to the person to be served as follows: (1) To that person's last-known principal place of business, residence, or post-office address, or (2) if a foreign insurance company, to the secretary of the company or designee of the company, or (3) if an alien insurance company, to the resident manager, if any, in this country, or (4) if a fraternal benefit society, to the secretary or corresponding officer of the society.
(c) The commissioner shall retain the second copy of the process for his files. The commissioner shall keep a record of all process served, showing the day and hour of service.
(d) Proof of service shall be evidenced by a certificate signed by the commissioner or by the official designated to receive service of process, showing the service made on him and mailing by him, attached to the second copy of the process.
(e) No plaintiff or complainant shall be entitled to a judgment or determination by default in any action or proceeding in which the process is served under this section until the expiration of forty-five days from the date of service of process commencing the action or proceeding.
(P.A. 90-243, S. 8; P.A. 92-60, S. 4; P.A. 93-239, S. 10; P.A. 01-139, S. 1.)
History: P.A. 92-60 amended Subsec. (a) by reducing the number of copies to be delivered to the commissioner for service of process from “three” to “two”; P.A. 93-239 amended Subsec. (d) replacing reference to the third copy of the service of process with second copy; P.A. 01-139 amended Subsec. (b)(2) to add reference to the designee of a foreign insurance company.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 697 - General Provisions › Section 38a-32 to 38a-36. (Formerly Secs. 38-19b to 38-19f). - Malpractice Screening Panel established. Selection of panel to screen malpractice claim. Hearing by panel; transcripts. Confidentiality of proceedings, records, findings and deliberations. Finding as to liability.

Sections 38a-32 to 38a-36, inclusive, are repealed, effective July 13, 2005.
(P.A. 77-249, S. 1
–
5; 77-614, S. 163, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 3, 269
–
271, 345, 348; P.A. 82-472, S. 160, 183; P.A. 05-278, S. 28.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-41a. - Certificate authorizing formation of insurance company or health care center. Information required by commissioner. Costs.

(a) A certificate authorizing the formation of a corporation to transact the business of an insurance company or a health care center shall be issued by the commissioner if the following is submitted to the commissioner by the incorporators and is deemed to be satisfactory: (1) The proposed articles of incorporation, which shall state that the corporation has, as a purpose, the doing of an insurance business or health care center business; (2) the proposed bylaws of the corporation; and (3) such information as the commissioner shall require to evaluate the objectives, management and control of the proposed corporation, pursuant to the provisions of chapter 54.
(b) All expenses incurred by the commissioner in connection with proceedings under this section shall be paid by the person filing the application.
(P.A. 96-106, S. 3; P.A. 99-9, S. 3, 6.)
History: P.A. 99-9 amended Subsec. (a) to add reference to a “health care center” and “health care center business” and to substitute “commissioner” for “him” and “Insurance Commissioner”, effective May 12, 1999.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-42. (Formerly Sec. 38-20b). - Contracts with life, accident or health insurance producers.

(a) Except as provided in subsection (b) of this section, no insurance company shall enter into any contract of remuneration with any life or accident and health insurance producer where the initial or any renewal commission is contingent upon (1) such contract being in effect more than two years, or (2) any continuing premium or other volume requirement contained in such contract.
(b) Any insurance company may enter into a contract of remuneration of the kind prohibited in subsection (a) of this section with any such insurance producer if the company has offered to such producer a contract which contains no such contingent provisions as described in subdivisions (1) and (2) of subsection (a) of this section and which provides actuarially equivalent remuneration to the contract containing such contingent provisions.
(1969, P.A. 263, S. 1, 2; P.A. 96-193, S. 1, 36; P.A. 04-10, S. 1.)
History: Sec. 38-20b transferred to Sec. 38a-42 in 1991; P.A. 96-193 substituted “producer” for “agent” and “broker”, effective June 3, 1996; P.A. 04-10 made technical changes.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-43. (Formerly Sec. 38-22). - Certain insurance companies and health care centers may be prohibited from transacting business in this state.

Whenever it appears to the commissioner that permission to transact business within any state of the United States or within any foreign country has been refused to any domestic insurance company or domestic health care center after (1) a certificate of the solvency and good management of such company or health care center has been issued to it by the commissioner, and (2) such company or health care center has complied with any reasonable laws of such state or foreign country requiring deposits of money or securities with the government of such state or country, the commissioner may immediately cancel the authority of each company or health care center organized under the laws of such state or foreign government and licensed to do business in this state and may refuse a certificate of authority to each such company or health care center thereafter applying for authority to do business in this state, until the commissioner's certificate has been recognized by the government of such state or country.
(1949 Rev., S. 6053; P.A. 04-10, S. 2; P.A. 16-213, S. 11.)
History: Sec. 38-22 transferred to Sec. 38a-43 in 1991; P.A. 04-10 made technical changes; P.A. 16-213 added references to domestic health care center and health care center, added Subdiv. (1) and (2) designators and made a technical change, effective July 1, 2016.
Annotation to former section 38-22:
Cited. 122 C. 295.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-44. (Formerly Sec. 38-64b). - Notice to commissioner of intent to discontinue line of insurance.

Any insurer licensed to do business in this state, or authorized to do business on a nonadmitted basis, which intends to discontinue offering or substantially reduce its writings in a line or subline of insurance in this state shall send, by registered or certified mail, or deliver to the Insurance Commissioner written notice of its intent to take such action at least sixty days before the initial notice of cancellation or nonrenewal is delivered or mailed to the insureds. This section shall not apply to life insurance policies or annuity contracts.
(P.A. 86-98, S. 4, 6; P.A. 93-273, S. 1.)
History: Sec. 38-64b transferred to Sec. 38a-44 in 1991; P.A. 93-273 required notification of commissioner 60 days before the initial notice of cancellation or nonrenewal is delivered or mailed to the insureds, rather than 60 days before effective date of action to discontinue offerings of insurance lines or sublines, and added provision specifically excluding life insurance policies or annuity contracts from section provisions.
Annotation to former section 38-64b:
Cited. 207 C. 77.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-45. (Formerly Sec. 38-29). - Limitation on title insurance and mortgage guaranty insurance.

No corporation shall insure or guarantee titles to real estate situated in this state except subject to and in accordance with all laws of this state relating to insurance or insurance companies generally or relating to the powers or duties of the commissioner. No corporation doing title insurance business may do any other line of insurance business. No corporation doing mortgage guaranty insurance business may do any other line of insurance business. The commissioner may adopt regulations, in accordance with chapter 54, which set requirements concerning the amount of deposits and the establishment and maintenance of unearned premium and loss reserves and other liabilities of domestic title insurance companies and foreign mortgage guaranty insurance companies for the purpose of protecting their policyholders.
(1949 Rev., S. 6087; February, 1965, P.A. 530; P.A. 77-23; P.A. 90-243, S. 11; P.A. 04-10, S. 3.)
History: 1965 act added provision re commissioner's power to regulate deposit amounts, unearned premium and loss reserves, etc.; P.A. 77-23 prohibited corporations doing title insurance business or mortgage guaranty insurance business from engaging in any other business; P.A. 90-243 substituted “foreign” for “nonresident” companies; Sec. 38-29 transferred to Sec. 38a-45 in 1991; P.A. 04-10 added reference to chapter 54 re adoption of regulations.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-46. (Formerly Sec. 38-30). - Writing of participating and nonparticipating insurance by domestic stock and mutual insurance companies.

Any domestic insurance company, either mutual or having capital stock, empowered to write fire, marine, casualty, fidelity and surety or boiler and machinery insurance, may issue any or all of its policies with or without participation in profits, savings or unabsorbed portions of premiums, may classify policies issued on a participating or nonparticipating basis and may determine the right to participate and the extent of participation of any class or classes of policies.
(1949 Rev., S. 6089.)
History: Sec. 38-30 transferred to Sec. 38a-46 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-49. (Formerly Sec. 38-51). - Fraternal benefit societies and foreign or alien companies to reimburse state for costs of examination.

All fraternal benefit societies and all foreign and alien insurance companies and other entities examined by the Insurance Commissioner shall annually reimburse the state for the costs of such examinations. The total cost of all examinations conducted during the fiscal year, including supervision and other overhead, shall be one hundred and thirty-five per cent of the total salaries paid to the examining personnel of the Insurance Department engaged in such examinations less any salary reimbursements. The commissioner shall apportion such total cost of examinations for the fiscal year among such insurance companies and other entities examined during such fiscal year on the basis of time involved in the several examinations and shall assess such fraternal benefit societies, foreign and alien insurance companies and other foreign and alien entities for their respective apportionments of the total cost. Such assessments shall be in addition to any taxes and fees otherwise payable to the state.
(1953, S. 2808d; 1959, P.A. 687, S. 1; P.A. 75-290, S. 1; P.A. 77-614, S. 163, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 277, 345, 348; P.A. 90-243, S. 18.)
History: 1959 act increased the cost of examinations to 135%; P.A. 75-290 deleted “domestic” where the word precedes references to companies and entities; P.A. 77-614 and 78-303 placed insurance commissioner within the department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished the department of business regulation; P.A. 90-243 inserted references to “foreign” and “alien” insurance companies replacing references to “nonresident” and “foreign” companies; Sec. 38-51 transferred to Sec. 38a-49 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-50. (Formerly Sec. 38-52). - Fraternal, foreign and alien life insurers to reimburse state for costs of valuation.

All fraternal benefit societies and all foreign and alien life insurance companies and other foreign and alien life insurers whose policy or contract reserves are valued by the Insurance Commissioner shall annually reimburse the state for the costs of such valuations. The total cost of all valuations during the fiscal year, including supervision and other overhead, shall be one hundred and thirty-five per cent of the total salaries paid to the valuation personnel of the Insurance Department engaged in valuing such policy and contract reserves less any salary reimbursements. The commissioner shall apportion such total cost of valuations for the fiscal year among such life insurance companies and other life insurers whose policy or contract reserves are valued during such fiscal year on the basis of time involved in the several valuations and shall assess such fraternal benefit societies, foreign and alien insurance companies and other foreign and alien entities for their respective apportionments of the total cost. Such assessments shall be in addition to any other taxes and fees otherwise payable to the state.
(1953, S. 2809d; 1959, P.A. 687, S. 2; P.A. 75-290, S. 2; P.A. 77-614, S. 163, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 278, 345, 348; P.A. 90-243, S. 19.)
History: 1959 act increased the cost of valuations to 135% of salaries and added the provision for charges in punchcard machine rentals; P.A. 75-290 made provisions applicable to all insurance companies and other life insurers where previously applicable to “domestic” companies and other insurers; P.A. 77-614 and 78-303 placed insurance commissioner within the department of business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished the department of business regulation; P.A. 90-243 inserted references to “foreign” and “alien” insurance companies and deleted the provision for charges in punchcard machine rentals; Sec. 38-52 transferred to Sec. 38a-50 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-51. (Formerly Sec. 38-53). - Assessment of costs of examination and valuation. Payments credited to Insurance Fund.

On or before August first, annually, the commissioner shall render to each insurance company or other entity liable to assessment under section 38a-49 or 38a-50 a statement of the total cost of examinations or valuations, as the case may be, for the preceding fiscal year ending June thirtieth, together with proposed assessments against each of the several such companies and other entities. On September first annually, the commissioner, after receiving any objections to the proposed assessments and making such changes as in his opinion may be indicated, shall assess each such insurance company or other entity for the costs of examinations and valuations. Each such insurance company or other entity shall pay to the commissioner the amount assessed against it within twenty days from date of invoice, with interest at the rate of six per cent per annum if the assessment is unpaid at the end of such twenty-day period. The commissioner shall deposit such receipts with the State Treasurer. On and after June 6, 1991, the moneys so deposited with the State Treasurer shall be credited to the Insurance Fund established under section 38a-52a and shall be accounted for as expenses recovered from insurance companies.
(1953, S. 2810d; 1959, P.A. 687, S. 3; 1967, P.A. 88; P.A. 75-290, S. 3; P.A. 79-109, S. 1; June Sp. Sess. P.A. 91-14, S. 14, 30.)
History: 1959 act increased the maximum assessment to $300,000; 1967 act deleted provision setting maximum assessments under Sec. 38-51, 38-52 and this section at $300,000 and providing for pro rata deduction in assessments which would otherwise exceed that amount; P.A. 75-290 made provisions applicable to insurance companies and entities generally where previously applicable to “domestic” companies and entities; P.A. 79-109 required that assessments be made on September first rather than “during the month of September” and required payment within 20 days “from date of invoice” rather than within 20 days “after receipt of a statement of the amount due”; Sec. 38-53 transferred to Sec. 38a-51 in 1991; June Sp. Sess. P.A. 91-14 provided that on and after June 6, 1991, moneys deposited with treasurer shall be credited to insurance fund, rather than general fund.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-52a. - Insurance Fund established.

There is established a fund to be known as the “Insurance Fund”. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. The interest derived from the investment of the fund shall be credited to the fund. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding.
(June Sp. Sess. P.A. 91-14, S. 11, 30.)
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-53a. - Annual statement convention blank filing with the National Association of Insurance Commissioners. Financial statements and other information filing with the National Association of Insurance Commissioners.

Each domestic, foreign and alien insurer authorized to transact insurance in this state shall annually on or before March first of each year, file electronically with the National Association of Insurance Commissioners a copy of its annual statement convention blank, along with such additional filings as prescribed by the commissioner for the preceding year. The information filed with the National Association of Insurance Commissioners shall include additional filings as prescribed by the commissioner and shall include the signed jurat page and the actuarial certification. Any amendments and addendums to the annual statement or other financial statements subsequently filed with the commissioner shall also be filed with the National Association of Insurance Commissioners. Foreign insurers that are domiciled in a state that has a law substantially similar to the provisions of this section shall be deemed in compliance with this section. Upon written application of any insurer domiciled in this state that transacts no insurance business in another state, the commissioner may grant an exemption from compliance with this section if compliance would constitute a financial or organizational hardship upon the insurer. All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the Insurance Department by the National Association of Insurance Commissioners are confidential and may not be disclosed or otherwise made public by the department.
(P.A. 92-112, S. 5; P.A. 95-168, S. 8; P.A. 01-139, S. 2; P.A. 03-199, S. 2.)
History: P.A. 95-168 required that all financial statements filed subsequently to annual statement be filed with the National Association of Insurance Commissioners and required insurers to file, in diskette form, any information prepared in accordance with guidelines required by the insurance commissioner with the National Association of Insurance Commissioners; P.A. 01-139 required electronic filings and substituted “that” for “which”; P.A. 03-199 substituted “include additional filings as prescribed” for “be in the same format and scope as that required” re filings, deleted requirement that insurer also file a copy in electronic form, and deleted reference to the National Association of Insurance Commissioners' Insurance Regulatory Information System.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-56. (Formerly Sec. 38-19). - False returns to commissioner.

Any person who wilfully makes any false report to the commissioner or testifies or affirms falsely to any material fact in any matter wherein an oath or affirmation is required or authorized or makes any false entry or memorandum upon any book, paper, report or statement of any insurance company, with intent to deceive the commissioner or any agent appointed to examine the affairs of any such company or to deceive the stockholders or policyholders or any officer of any such insurance company or to injure or defraud any such company, and any person who, with like intent, aids or abets another in any violation of any provision of this section, shall be imprisoned not more than five years.
(1949 Rev., S. 8708.)
History: Sec. 38-19 transferred to Sec. 38a-56 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-57. (Formerly Sec. 38-26a). - Retention of records and assets in state.

Each domestic insurance company shall maintain, within the state, such records as the commissioner may require and such portion of its assets as the commissioner may deem necessary for the purpose of adequately protecting the insured.
(1967, P.A. 37.)
History: Sec. 38-26a transferred to Sec. 38a-57 in 1991.
2023 Connecticut General Statutes › Title 38a - Insurance › Chapter 698 - Insurers › Section 38a-58. (Formerly Sec. 38-40). - Change of location of domestic insurance company.

Any domestic insurance company may change its location from one town to another within this state, notwithstanding any inconsistent provision in its charter.
(1949 Rev., S. 6096; 1953, S. 2792d.)
History: Sec. 38-40 transferred to Sec. 38a-58 in 1991.