Connecticut Administrative Code › Title 38a - Insurance Department › 334 - Minimum Provisions for Automobile Liability Insurance Policies Covering Motor Vehicles › Section 38a-334-5 - Minimum provisions for bodily injury liability and property damage liability

Current through July 10, 2024
(a)
Coverage.
The insurer shall undertake to pay on behalf of the
			 insured all sums which the insured shall become legally obligated to pay as
			 damages because of bodily injury or property damage caused by accident and
			 arising out of the ownership, maintenance or use of a motor vehicle owned or
			 long-term leased by the named insured. The policy shall designate by explicit
			 description or by appropriate reference the motor vehicles to which this
			 coverage applies.
(b)
Defense, settlement, supplementary payments.
The insurer shall
			 defend the insured against any suit seeking damages covered by the policy, and
			 may make such settlement of any claim or suit as it deems expedient, but the
			 insurer shall not be obligated to defend any suit after the exhaustion of its
			 liability by payment of judgments or settlements. The insurer shall pay, in
			 addition to the policy limits, all expenses incurred by the insurer, premiums
			 on attachment and appeal bonds, court costs, interest on judgments until the
			 insurer has offered to pay its portion of the judgment, the cost of bail bonds,
			 not to exceed one hundred dollars per bond, all expenses incurred by the
			 insured for first aid to others at the time of the accident and other
			 reasonable expenses, other than loss of earnings, incurred by the insured at
			 the insurer's request. The insurer shall, upon request of the named insured,
			 issue or arrange for the issuance of a bond which shall not exceed the
			 aggregate limit of bodily injury coverage for the purpose of obtaining release
			 of an attachment.
(c)
Exclusions.
The insurer's obligation to pay and defend may be made
			 inapplicable:
(1) To liability assumed under
			 contract;
(2) to intentionally
			 caused injury or damage;
(3) to any
			 obligation of the insured to provide workers' compensation or disability
			 benefits or to cover liability of an employer for employee injuries;
(4) to the use of a motor vehicle as a public
			 or livery conveyance;
(5) to bodily
			 injury or property damage resulting from the radioactive, toxic explosive or
			 other hazardous properties of source, special nuclear or byproduct material,
			 each as defined in the Atomic Energy Act of 1954, as amended;
(6) while the private passenger motor vehicle
			 is used for towing a trailer, designed for use with other than a private
			 passenger motor vehicle which is owned or hired by the insured and not covered
			 by like insurance in the same company;
(7) to damage to property (A) owned or
			 transported by the insured or (B) rented to or in the care, custody or control
			 of the insured or as to which the insured is for any purpose exercising
			 physical control, other than property damage to a residence or private garage
			 by a private passenger motor vehicle covered by this insurance;
(8) to the operation of a motor vehicle by an
			 individual or individuals specifically named by endorsement accepted by the
			 insured, the form of which has been accepted for filing by the insurance
			 commissioner;
(9) to liability
			 arising out of pollution or contamination;
(10) to bodily injury or property damage due
			 to war, whether or not declared, civil war, insurrection, rebellion or
			 revolution, or to any act or condition incident to any of the
			 foregoing;
(11) to bodily injury or
			 property damage arising out of the ownership, maintenance, use, loading or
			 unloading of any
(A) haulaway, tank truck or
			 tank trailer or any automobile used therewith owned, hired or held for sale by
			 the named insured;
(B) motor
			 vehicle
(i) while being used in any
			 prearranged or organized racing, speed or demolition contest or in any stunting
			 activity or in practice or preparation for any such contest or activity,
			 or
(ii) while rented to others by
			 the named insured unless to a salesman for use principally in the business of
			 the named insured, or
(iii) while
			 being used by the insured as a public or livery conveyance or for carrying
			 property for a charge.
(12) To bodily injury to any passenger while
			 occupying a motorcycle.