reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article V - APPEALS TO COMMISSIONER › Section 38a-8-67 - Appeals under Sections 38a-329 and 38a-328-14

Current through July 10, 2024
(a)
General.
This section and section 38a-8-68 of the Regulations of
				Connecticut State Agencies set forth the procedure to be followed in the
				disposition of appeals to the Commissioner pursuant to section
				38a-329
				of the Connecticut General Statutes and section
				38a-328-14 of the
				Regulations of Connecticut State Agencies.
(b)
Time limit for appeal.
Appeals to the Commissioner under this section shall be made no later than
				thirty (30) days after the date notice was mailed of the final action, decision
				or ruling of the Connecticut Automobile Insurance Assigned Risk Plan, the
				Connecticut Insurance Placement Facility (Fair Plan), the Connecticut Worker's
				Compensation Insurance Plan or other residual market mechanism authorized under
				section
				38a-329
				of the Connecticut General Statutes to provide insurance coverage for
				applicants who are in good faith entitled to but are unable to procure the
				insurance through ordinary methods. Appeals to the Commissioner under this
				section that are filed beyond the appeal period as established by this section,
				will be accepted only in the discretion of the Commissioner.
(c)
Form of appeal.
All appeals
				to the Commissioner shall be in writing and conform to the general provisions
				of the Regulations of Connecticut State Agencies where applicable and, in
				addition, shall set forth clearly and concisely the basis for disputing the
				action, decision or ruling, together with all pertinent documents or exhibits
				attached thereto.
(d)
Scope
				of appeal.
Appeals made to the Commissioner under this section shall be
				limited to a review for compliance with applicable statutes, regulations, and
				the forms, procedure, rates, rating plans and rules of the Connecticut
				Automobile Insurance Assigned Risk Plan, the Connecticut Insurance Placement
				Facility (Fair Plan), the Connecticut Worker's Compensation Insurance Plan or
				other residual market mechanism established pursuant to Section
				38a-329
				of the Connecticut General Statutes.
(e)
Decision, hearing.
No later
				than thirty (30) days after receipt of the written appeal, the Commissioner
				shall review the matter in accordance with subsection (d) of this section, and
				affirm or reverse the decision or ruling from which appeal to the Commissioner
				was taken. When the Commissioner deems it necessary to decide the matter, the
				Commissioner in his or her discretion may solicit additional information from
				the appellant or the manager or committee designated to operate the particular
				plan or residual market mechanism, and in his or her discretion hold a hearing
				to hear and receive testimony.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VI - INFORMAL COMPLAINTS ALLEGING OLATIONS OF THE INSURANCE LAWS OR REGULATIONS › Section 38a-8-69 - Form

Current through July 10, 2024
The Commissioner will accept informal complaints alleging
				  violations of title 38a of the Connecticut General Statutes or the regulations
				  promulgated thereunder from any person. Although no form of informal complaint
				  is required, it is requested that such complaints clearly state the name,
				  address, and telephone number of the complainant; the name, address, and
				  telephone number of the person complained of; a brief description of the facts
				  relied upon; and, if the complaint concerns a rate, policy form or document of
				  any kind, that it be identified or a copy attached to the complaint. It is also
				  requested that any person filing a complaint indicate whether they will be
				  available to testify with regard to such complaint if formal proceedings
				  thereon are instituted by the Commissioner.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VI - INFORMAL COMPLAINTS ALLEGING OLATIONS OF THE INSURANCE LAWS OR REGULATIONS › Section 38a-8-70 - Disposition of informal complaints

Current through July 10, 2024
Where the Commissioner, in his or her discretion, determines
				  that an informal complaint alleges a violation of title 38a of the Connecticut
				  General Statutes or regulations promulgated thereunder, and where the
				  Commissioner determines that the complaint appears to be susceptible to
				  informal adjustment, a copy or a statement of the substance thereof will be
				  transmitted to each person complained of in an endeavor to have it satisfied by
				  correspondence and thus obviate the need for formal
				  proceedings.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Section 38a-8-72 - Notice of intent to adopt regulations

Current through July 10, 2024
Prior to the adoption of any regulation, the Commissioner
				  shall give such notice as is required by section
				  4-168
				  of the Connecticut General Statutes or other applicable
				  statutes.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Section 38a-8-73 - Request for paper copy advance notice of regulation adoption proceedings

Current through July 10, 2024
(a)
Filing and form.
Any person
				or group may file a request with the Commissioner for advance notice of
				regulation adoption proceedings. The request shall be clearly titled "Request
				for Advance Notice of Regulation Adoption Proceedings" and shall state in
				order:
(1) the name of the person or group
				making the request,
(2) the address
				of the person or group to which paper copies should be mailed;
(3) the date of the request; and
(4) that the person or group is aware of the
				option to subscribe to electronic advance notification of department regulation
				adoption proceedings and chooses to request paper copies instead.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Section 38a-8-74 - Submission of data, views, and argument

Current through July 10, 2024
All interested persons may submit data, views, and arguments
				  in writing to the Commissioner not more than thirty (30) days after notice of
				  intent to adopt the regulation has been published. Oral presentations may be
				  allowed by the Commissioner in his or her discretion, but an opportunity to
				  present oral argument shall be granted if requested by fifteen (15) persons, by
				  a governmental subdivision or agency, or by an association having not less than
				  fifteen (15) members, provided notice of such request is made to the
				  Commissioner no later than fourteen (14) days after the date of publication of
				  the notice of intent to adopt regulations in the Connecticut Law Journal. The
				  Commissioner, in his or her discretion, may require that the oral argument be
				  recorded or transcribed at the expense of the persons making oral argument or
				  that a written summary be provided which shall be open to inspection by the
				  public.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Section 38a-8-75 - Availability of regulations

Current through July 10, 2024
All the regulations and currently pending proposed
				  regulations of the Commissioner shall be available for inspection during normal
				  business hours at the Commissioner's principal office. Copies of all such
				  regulations shall be available to any person on request. The Commissioner may
				  charge a reasonable fee for each copy in accordance with the Freedom of
				  Information Act, chapter 14 of the Connecticut General
				  Statutes.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Personal Data › Section 38a-8-76 - Personal data

Current through July 10, 2024
(a)
Definitions
The following definitions shall apply to this
					 section:
(1) "Other data" means any
				  information, other than personal data, which because of name, identification
				  number, mark or description can be readily associated with a particular
				  person.
(2) "Licensee" means
				  individuals licensed by the Insurance Commissioner as producers, public
				  adjusters, temporary agents, casualty claim adjusters, surplus lines brokers,
				  fraternal agents, motor vehicle physical damage appraisers, and certified
				  insurance consultants.
(3) Terms
				  defined in section 4-190 of the Connecticut General Statutes shall apply to
				  this section.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Standards on Hazardous Financial Condition › Section 38a-8-101 - Authority

Current through July 10, 2024
Sections 38a-8-101 to
					 38a-8-104,
					 inclusive, are adopted pursuant to the authority of Section
					 38a-8
					 of the General Statutes as necessary to implement Sections
					 38a-71,
					 38a-72,
					 38a-256,
					 38a-620,
					 and
					 38a-911
					 of the General Statutes.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Standards on Hazardous Financial Condition › Section 38a-8-102 - Purpose

Current through July 10, 2024
The purpose of this regulation is to set forth the
					 standards which the Insurance Commissioner may use for identifying insurers
					 found to be in such condition as to render the continuance of their business
					 hazardous to the public or to holders of their policies or certificates of
					 insurance.
Sections
					 38a-8-101 to
					 38a-8-104,
					 inclusive, shall not be interpreted to limit the powers granted the
					 Commissioner by any laws or parts of laws of this state, nor shall this
					 regulation be interpreted to supercede any laws or parts of laws of this
					 state.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Standards on Hazardous Financial Condition › Section 38a-8-104 - Commissioner's authority

Current through July 10, 2024
(a) For the
				  purposes of making a determination of an insurer's financial condition under
				  this regulation, the Commissioner may:
(1)
				  disregard any credit or amount receivable resulting from transactions with a
				  reinsurer that is insolvent, impaired or otherwise subject to a delinquency
				  proceeding;
(2) make appropriate
				  adjustments including disallowance to asset values attributable to investments
				  in or transactions with parents, subsidiaries or affiliates, consistent with
				  the National Association of Insurance Commissioners Accounting Policies and
				  Procedures Manual, state laws or regulations;
(3) refuse to recognize the stated value of
				  accounts receivable if the ability to collect receivables is highly speculative
				  in view of the age of the account or the financial condition of the
				  debtor;
(4) increase the insurer's
				  liability in an amount equal to any contingent liability, pledge, or guarantee
				  not otherwise included if there is a substantial risk that the insurer will be
				  called upon to meet the obligation undertaken within the next 12-month
				  period.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-105 - Scope

Current through July 10, 2024
Sections 38a-8-105 to
					 38a-8-123 of the
					 Regulations of Connecticut State Agencies govern the treatment of nonpublic
					 personal financial information about individuals by all licensees of the
					 Connecticut Insurance Department and are applicable to nonpublic personal
					 financial information about individuals who obtain or are beneficiaries of
					 products or services primarily for personal, family, or household purposes from
					 licensees. Sections 38a-8-105 to
					 38a-8-123 of the
					 Regulations of Connecticut State Agencies shall not apply to information about
					 companies or about individuals who obtain products or services for business,
					 commercial, or agricultural purposes, but are applicable to nonpublic personal
					 financial information about individuals who obtain products or services for
					 personal, family, or household purposes from licensees.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-106 - Definitions

Current through July 10, 2024
As used in sections
					 38a-8-105 to
					 38a-8-123,
					 inclusive, of the Regulations of Connecticut State Agencies:
(1) "Affiliate" means any company that
				  controls, is controlled by or is under common control with another
				  company;
(2) "Affinity program" is
				  a relationship between a financial institution and an unaffiliated third party
				  in which the unaffiliated third party facilitates the financial institution's
				  efforts to market the financial institution's products or services to the
				  unaffiliated third party's customers or members or endorses such financial
				  institution's products or services;
(3) "Clear and conspicuous" means that a
				  notice is reasonably understandable and designed to call attention to the
				  nature and significance of the information in the notice;
(4) "Collect" means to obtain information
				  that the licensee organizes or can retrieve by the name of an individual or by
				  identifying number, symbol, or other identifying particular assigned to the
				  individual, irrespective of the source of the underlying information;
(5) "Commissioner" means the Insurance
				  Commissioner of the State of Connecticut;
(6) "Company" means any corporation, limited
				  liability company, business trust, general or limited partnership, association,
				  sole proprietorship, or similar organization;
(7) "Consumer" means an individual or that
				  individual's legal representative, who seeks to obtain, obtains, or has
				  obtained an insurance product or service from a licensee, that is to be used
				  primarily for personal, family, or household purposes, and about whom the
				  licensee has nonpublic personal financial information.
(A) "Consumer" includes, but is not limited
				  to:
(i) An individual who provides nonpublic
				  personal financial information to a licensee in connection with obtaining or
				  seeking to obtain financial, investment, or economic advisory services relating
				  to an insurance product or service regardless of whether the licensee
				  establishes an ongoing advisory relationship; or
(ii) An applicant for insurance prior to the
				  inception of insurance coverage.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-107 - Initial privacy notice to consumers required

Current through July 10, 2024
(a) A
				  licensee shall provide a clear and conspicuous notice that accurately reflects
				  its privacy policies and practices to:
(1) A
				  consumer, before the licensee discloses any nonpublic personal financial
				  information about the consumer to any nonaffiliated third party, if the
				  licensee makes a disclosure other than as authorized by section
				  38a-8-117
				  or section
				  38a-8-118
				  of the Regulations of Connecticut State Agencies; and to
(2) An individual who becomes the licensee's
				  customer, not later than when the licensee establishes a customer relationship,
				  except as provided in subsection (d) of this section. A licensee establishes a
				  customer relationship when the licensee and the consumer enter into a
				  continuing relationship such as when the consumer:
(A) Becomes a policyholder of a licensee that
				  is an insurer when the insurer delivers an insurance policy or contract to the
				  consumer, or in the case of a licensee that is an insurance producer or
				  insurance broker, obtains insurance through that licensee; or
(B) Agrees to obtain financial, economic, or
				  investment advisory services relating to insurance products or services for a
				  fee from the licensee.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-108 - Annual privacy notice to customers required

Current through July 10, 2024
(a) A
				  licensee shall provide a clear and conspicuous notice to customers that
				  accurately reflects its privacy policies and practices not less than annually
				  during the continuation of the customer relationship. Annually means at least
				  once in any period of twelve consecutive months during which that customer
				  relationship exists. A licensee may define the twelve-consecutive-month period,
				  but the licensee shall apply it to the customer on a consistent basis. A
				  licensee provides a notice annually if it defines the twelve-consecutive-month
				  period as a calendar year and provides the annual notice to the customer once
				  in each calendar year following the calendar year in which the licensee
				  provided the initial notice.
(b)
				  Notwithstanding the provisions of subsection (a) of this section, a licensee
				  that (1) provides nonpublic personal financial information to nonaffiliated
				  third parties only in accordance with section
				  38a-8-116,
				  38a-8-117 or
				  38a-8-118 of the Regulations of
				  Connecticut State Agencies, and
(2)
has not changed its
				  policies and practices with regard to disclosing nonpublic personal financial
				  information from the policies and practices that were disclosed in the most
				  recent disclosure sent to consumers in accordance with this section or section
				  38a-8-107 of the Regulations of
				  Connecticut State Agencies shall not be required to provide an annual
				  disclosure under this section until such time as the licensee fails to comply
				  with any provision of subdivision (1) or
(2)
of this
				  subsection.
(c) A licensee is not
				  required to provide an annual notice to a former customer.
(d) When a licensee is required by this
				  section to deliver an annual privacy notice, the licensee shall deliver it
				  according to section
				  38a-8-112 of the Regulations of
				  Connecticut State Agencies.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-110 - Form of opt out notice to consumers and opt out methods

Current through July 10, 2024
(a) If a licensee is required to provide an
				  opt out notice as set forth in section
				  38a-8-113(a)
				  of the Regulations of Connecticut State Agencies, it shall provide a clear and
				  conspicuous notice to each of its consumers that accurately explains that right
				  to opt out. The opt out notice shall:
(1)
				  State that the licensee discloses or reserves the right to disclose nonpublic
				  personal financial information about its consumer to a nonaffiliated third
				  party;
(2) State that the consumer
				  has the right to opt out of that disclosure; and
(3) Provide a reasonable means by which the
				  consumer may exercise the opt out right.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-111 - Revised privacy notices

Current through July 10, 2024
(a) Except as
				  otherwise permitted by section
				  38a-8-116,
				  38a-8-117,
				  or
				  38a-8-118
				  of the Regulations of Connecticut State Agencies, a licensee shall not,
				  directly or through an affiliate, disclose any nonpublic personal financial
				  information about a consumer to a nonaffiliated third party other than as
				  described in the initial notice that the licensee provided to that consumer as
				  set forth in section
				  38a-8-107
				  of the Regulations of Connecticut State Agencies, unless:
(1) The licensee has provided to the consumer
				  a clear and conspicuous revised notice that accurately describes its policies
				  and practices;
(2) The licensee has
				  provided to the consumer a new opt out notice;
(3) The licensee has given the consumer a
				  reasonable opportunity, before the licensee discloses the information to the
				  nonaffiliated third party, to opt out of the disclosure; and
(4) The consumer does not opt out.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-112 - Delivery

Current through July 10, 2024
(a) A licensee shall provide all notices that
				  sections
				  38a-8-105 to
				  38a-8-123 of the
				  Regulations of Connecticut State Agencies require so that each consumer can
				  reasonably be expected to receive actual notice in writing or, if the consumer
				  agrees, electronically.
(b) A
				  licensee may reasonably expect that a consumer will receive actual notice if
				  the licensee:
(1) Hand-delivers a printed
				  copy of the notice to the consumer;
(2) Mails a printed copy of the notice to the
				  last known address of the consumer separately, or in a policy, billing, or
				  other written communication;
(3)
				  For a consumer who conducts transactions electronically, posts the notice on
				  the electronic site and requires the consumer to acknowledge receipt of the
				  notice as a necessary step to obtaining a particular insurance product or
				  service;
(4) For an isolated
				  transaction with a consumer, such as the licensee providing an insurance quote
				  or selling the consumer travel insurance, posts the notice and requires the
				  consumer to acknowledge receipt of the notice as a necessary step to obtaining
				  the particular insurance product or service.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-113 - Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties

Current through July 10, 2024
(a) Except as
				  otherwise authorized in sections
				  38a-8-105 to
				  38a-8-123 of the
				  Regulations of Connecticut State Agencies, a licensee shall not, directly or
				  through any affiliate, disclose any nonpublic personal financial information
				  about a consumer to a nonaffiliated third party unless:
(1) The licensee has provided to the consumer
				  an initial notice as set forth in section
				  38a-8-107
				  of the Regulations of Connecticut State Agencies;
(2) The licensee has provided to the consumer
				  an opt out notice as required in section
				  38a-8-110
				  of the Regulations of Connecticut State Agencies;
(3) The licensee has given the consumer a
				  reasonable opportunity, before it discloses the information to the
				  nonaffiliated third party, to opt out of the disclosure; and
(4) The consumer does not opt out. "Opt out"
				  means a direction by the consumer that the licensee not disclose nonpublic
				  personal financial information about that consumer to a nonaffiliated third
				  party, other than as permitted by section
				  38a-8-116,
				  38a-8-117,
				  or
				  38a-8-118
				  of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-114 - Limits on redisclosure and reuse of nonpublic personal financial information

Current through July 10, 2024
(a) If a licensee
				  receives nonpublic personal financial information from a nonaffiliated
				  financial institution under an exception in section
				  38a-8-117
				  or
				  38a-8-118
				  of the Regulations of Connecticut State Agencies, the licensee's disclosure and
				  use of that information is limited as follows:
(1) The licensee may disclose the information
				  to the affiliates of the financial institution from which the licensee received
				  the information;
(2) The licensee
				  may disclose the information to its affiliates, but the licensee's affiliates
				  may, in turn, disclose and use the information only to the extent that the
				  licensee may disclose and use the information; and
(3) The licensee may disclose and use the
				  information pursuant to an exception in section
				  38a-8-117
				  or
				  38a-8-118
				  of the Regulations of Connecticut State Agencies in the ordinary course of
				  business to carry out the activity covered by the exception under which the
				  licensee received the information.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-115 - Limits on sharing account number information for marketing purposes

Current through July 10, 2024
(a) A licensee shall not, directly or through
				  an affiliate, disclose, other than to a consumer reporting agency, a policy
				  number or similar form of access number or access code for a consumer's policy
				  or transaction account to any nonaffiliated third party for use in
				  telemarketing, direct mail marketing, or other marketing through electronic
				  mail to the consumer.
(b)
				  Subsection (a) of this section shall not apply if a licensee discloses a policy
				  number or similar form of access number or access code:
(1) To the licensee's service provider solely
				  in order to perform marketing for the licensee's own products or services, as
				  long as the service provider is not authorized to directly initiate charges to
				  the account;
(2) To a licensee who
				  is a producer solely in order to perform marketing for the licensee's own
				  products or services.
(3) To a
				  participant in an affinity program where the participants in the program are
				  identified to the customer when the customer enters into the program.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-116 - Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

Current through July 10, 2024
(a) The opt out requirements in sections
				  38a-8-110
				  and
				  38a-8-113
				  of the Regulations of Connecticut State Agencies shall not apply when a
				  licensee provides nonpublic personal financial information to a nonaffiliated
				  third party to perform services for the licensee or functions on the licensee's
				  behalf, if the licensee:
(1) Provides the
				  initial notice in accordance with section
				  38a-8-107
				  of the Regulations of Connecticut State Agencies; and
(2) Enters into a contractual agreement with
				  the third party that prohibits the third party from disclosing or using the
				  information other than to carry out the purposes for which the licensee
				  disclosed the information, including use under an exception in section
				  38a-8-117
				  or
				  38a-8-118
				  of the Regulations of Connecticut State Agencies, in the ordinary course of
				  business to carry out those purposes.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-117 - Exceptions to notice and opt out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions

Current through July 10, 2024
(a) The requirements for the initial notice
				  in section
				  38a-8-107
				  of the Regulations of Connecticut State Agencies, the annual notice in section
				  38a-8-108
				  of the Regulations of Connecticut State Agencies, the revised notice in section
				  38a-8-111
				  of the Regulations of Connecticut State Agencies, and opt out in section
				  38a-8-110
				  and
				  38a-8-113
				  of the Regulations of Connecticut State Agencies do not apply if the licensee:
(1) Is an employee, agent, or other
				  representative of another licensee ("the principal") including, but not limited
				  to:
(A) An insurance broker, public adjuster,
				  or other licensee who is employed by another insurance broker, public adjuster,
				  or other licensee;
(B) An
				  independent adjuster adjusting a claim or benefit on behalf of an
				  insurer;
(C) An insurance agent of
				  an insurer;
(D) An insurance broker
				  that has binding authority for an insurer; or
(E) A sublicensee of a licensee, whether or
				  not the sublicensee is licensed in any other capacity; and
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-119 - Protection of federal fair credit reporting act

Current through July 10, 2024
Nothing in sections
					 38a-8-105 to
					 38a-8-123 of the
					 Regulations of Connecticut State Agencies shall be construed to modify, limit,
					 or supersede the operation of the federal Fair Credit Reporting Act (
					 15 USC
					 1681 et seq.), and no inference shall be
					 drawn on the basis of the provisions of the Regulations of Connecticut State
					 Agencies regarding whether information is transaction or experience information
					 as set forth in section 603 of the federal Fair Credit Reporting
					 Act.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-120 - Nondiscrimination

Current through July 10, 2024
A licensee does not unfairly discriminate against any
					 consumer or customer because that consumer or customer has opted out from the
					 disclosure of their nonpublic personal financial information pursuant to the
					 provisions of sections
					 38a-8-105 to
					 38a-8-123 of the
					 Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-122 - Effective date and compliance

Current through July 10, 2024
(a) Until July 1,
				  2002, a contract that a licensee has entered into with a nonaffiliated third
				  party to perform services for the licensee or functions on the licensee's
				  behalf satisfies the provisions of section
				  38a-8-116(a)(2)
				  of the Regulations of Connecticut State Agencies, even if the contract does not
				  include a requirement that the third party maintain the confidentiality of
				  nonpublic personal financial information, as long as the licensee entered into
				  the agreement on or before the date sections
				  38a-8-105 to
				  38a-8-123 of the
				  Regulations of Connecticut State Agencies becomes effective.
(b) The examples and sample clauses included
				  in sections
				  38a-8-105 to
				  38a-8-123 of the
				  Regulations of Connecticut State Agencies and Appendix to sections
				  38a-8-105 to
				  38a-8-123 of the
				  Regulations of Connecticut State Agencies are not exclusive. Compliance with an
				  example or use of a sample clause, to the extent applicable, constitutes
				  compliance with sections
				  38a-8-105 to
				  38a-8-123 of the
				  Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Privacy of Consumer Financial Information › Section 38a-8-123 - Severability

Current through July 10, 2024
If any portion of sections
					 38a-8-105 to 38a-8-123 of
					 the Regulations of Connecticut State Agencies or its applicability to any
					 person or circumstance is held invalid by a court, the remainder of the
					 regulation or the applicability of the provision to other persons or
					 circumstances shall not be affected.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Safeguarding Customer Financial Information › Section 38a-8-124 - Definitions

Current through July 10, 2024
As used in sections 38a-8-124 to
					 38a-8-126,
					 inclusive, of the Regulations of Connecticut State Agencies:
(1) "Customer" means "customer" as defined in
				  section
				  38a-8-106 of the
				  Regulations of Connecticut State Agencies.
(2) "Customer information" means "nonpublic
				  personal financial information" as defined in section
				  38a-8-106 of the
				  Regulations of Connecticut State Agencies, about a customer, whether in paper,
				  electronic, or other form that is maintained by or on behalf of the
				  licensee.
(3) "Customer information
				  systems" means the methods used to access, collect, store, use, transmit,
				  protect or dispose of customer information, and includes, but is not limited
				  to, an "information processing system" as defined in section
				  1-267 of the
				  Connecticut General Statutes.
(4)
				  "Licensee" means "licensee" as defined in section
				  38a-8-106 of the
				  Regulations of Connecticut State Agencies.
(5) "Service provider" means a person that
				  provides services to the licensee and maintains, processes or otherwise is
				  permitted access to customer information.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Safeguarding Customer Financial Information › Section 38a-8-125 - Information security program

Current through July 10, 2024
Each licensee shall implement a comprehensive written
					 information security program that includes administrative, technical and
					 physical safeguards for the protection of customer information that are
					 appropriate to the size and complexity of the licensee and the nature and scope
					 of its activities. Each information security program shall be designed to:
					 ensure the security and confidentiality of customer information; protect
					 against any anticipated threats or hazards to the security or integrity of
					 customer information; and protect against unauthorized access to, or use of,
					 customer information that could result in substantial harm or inconvenience to
					 any customer.
Connecticut Administrative Code › Title 38a - Insurance Department › 8 - Organization and Rules of Practice › Article VII - REGULATIONS › Safeguarding Customer Financial Information › Section 38a-8-126 - Developing and implementing an information security program

Current through July 10, 2024
The actions and procedures described in this section are
					 examples of methods of implementation of the requirements of section
					 38a-8-125
					 of the Regulations of Connecticut State Agencies. These examples are
					 non-exclusive illustrations of actions and procedures that licensees may follow
					 to implement section
					 38a-8-125
					 of the Regulations of Connecticut State Agencies.
(1) The licensee identifies reasonably
				  foreseeable internal or external threats that could result in unauthorized
				  disclosure, misuse, alteration or destruction of customer information or
				  customer information systems. The licensee assesses the likelihood and
				  potential damage of the risks presented by the threats it has identified,
				  taking into consideration the sensitivity of customer information. The licensee
				  assesses the sufficiency of the policies and procedures it has in place to
				  control the risks it has identified.
(2) The licensee designs its information
				  security program to control the identified risks, commensurate with the
				  sensitivity of the information and the complexity and scope of the licensee's
				  activities. The licensee trains staff, as appropriate, to implement the
				  licensee's information security program and regularly tests or otherwise
				  regularly monitors the key controls, systems and procedures of its information
				  security program. The frequency and nature of these tests or other monitoring
				  practices are determined by the licensee's risk assessment.
(3) The licensee exercises due diligence in
				  selecting service providers, and requires its service providers to implement
				  measures designed to meet the objectives of section
				  38a-8-125
				  of the Regulations of Connecticut State Agencies and takes appropriate steps to
				  confirm that its service providers have done so.
(4) The licensee monitors, evaluates and
				  adjusts, as appropriate, its information security program to reflect any
				  relevant changes in technology, the sensitivity of its customer information,
				  internal or external threats to information, and the licensee's own changing
				  business arrangements, such as mergers and acquisitions, alliances and joint
				  ventures, outsourcing arrangements and changes to its customer information
				  systems.
Connecticut Administrative Code › Title 38a - Insurance Department › 10 - Arbitration Procedure for Automobile Physical Damage and Property Damage Claims › Section 38a-10-1 - Applicability

Current through July 10, 2024
This regulation shall apply to any person engaged in the
				settlement of claims with respect to first party motor vehicle physical damage
				claims and third party property damage liability claims of residents of this
				state arising under an insurance policy insuring a private passenger motor
				vehicle when coverage and liability are not in dispute.
Connecticut Administrative Code › Title 38a - Insurance Department › 10 - Arbitration Procedure for Automobile Physical Damage and Property Damage Claims › Section 38a-10-2 - Definitions

Current through July 10, 2024
As used in this regulation:
(a) "Arbitration" means the process in which
			 each party presents its case at a hearing to the arbitrator for a final
			 decision.
Arbitration may be conducted, at the option of the claimant,
				either upon the submission of documents to the arbitrator or at an oral
				hearing.
(b) "Arbitrator"
			 means a person selected by the Commissioner in accordance with subsection (b)
			 of Section 38a-9 of the General Statutes to hear and decide disputes between a
			 claimant and an insurance company concerning automobile physical damage and
			 automobile property damage liability claims in which liability and coverage are
			 not in dispute.
(c) "Claimant"
			 means any person who attempts to obtain a benefit from his insurer in relation
			 to a first party automobile physical damage claim or presents a third party
			 claim against an insured for property damage liability to his private passenger
			 motor vehicle, when liability and coverage are not in dispute.
(d) "Commissioner" means the Insurance
			 Commissioner of this state.
(e)
			 "Insurer" or "insurance company" means any insurance company licensed by the
			 Commissioner to write automobile liability insurance or automobile physical
			 damage insurance.
(f) "Loss of Use"
			 means the amount representing the reasonable value to the claimant for the
			 deprivation of the use of the claimant's vehicle during the period reasonably
			 required to make repairs or replace the vehicle, regardless of whether the
			 claimant has incurred expenses.
(g)
			 "Private passenger motor vehicle" has the same meaning as provided in
			 subsection (e) of Section 38a-363 of the General Statutes.
(h) "Storage" means the holding of a vehicle
			 at a place designated under Section 14-66 of the General Statutes for a
			 specific rate which has been filed with the Commissioner of Motor Vehicles.
Connecticut Administrative Code › Title 38a - Insurance Department › 10 - Arbitration Procedure for Automobile Physical Damage and Property Damage Claims › Section 38a-10-4 - Records

Current through July 10, 2024
(a) The Insurance Department shall maintain a
			 record of each arbitration which shall include the docket number, names of the
			 parties involved, decision of the arbitrator, and information concerning
			 compliance and judicial review of the decision.
(b) The Insurance Department shall annually
			 compile a report on the arbitration proceedings and send a copy to the
			 committee of the Connecticut General Assembly having cognizance of "matters
			 relating to insurance." The public shall have the right to inspect such report
			 during regular business hours of the Insurance Department or receive a copy of
			 it in accordance with Section
			 1-15 of the General
			 Statutes.
Connecticut Administrative Code › Title 38a - Insurance Department › 41 - Requirements for Insurance Companies Applying for a License to do Business in the State of Connecticut › Section 38a-41-2 - Provisions of regulation

Current through July 10, 2024
Applicants seeking a Certificate of Authority to do any
				insurance business in the state of Connecticut shall comply with the provisions
				of law and this regulation, provided the commissioner may waive the
				applicability of any section(s) or any portion thereof as to
(a) a survivor corporation resulting from the
			 merger or reorganization of a company licensed in this state,
(b) a company domiciled in this state
			 and
(c) a company which is an
			 affiliate of an insurer licensed in this state, if he determines that
			 particular requirements are unnecessary or the information to be filed is
			 otherwise available.
Connecticut Administrative Code › Title 38a - Insurance Department › 41 - Requirements for Insurance Companies Applying for a License to do Business in the State of Connecticut › Section 38a-41-3 - General qualifications

Current through July 10, 2024
Any unlicensed insurance company seeking to solicit or market
				insurance products in this state is hereby declared subject to Sections
				38a-41-1 to
				38a-41-4, inclusive, of
				the Regulations of the Connecticut State Agencies. All companies desiring to
				become authorized to transact kinds of insurance permitted by title 38a of the
				Connecticut General Statutes shall submit an application as follows:
(1)
Capital and domiciliary licensure
			 requirements.
(A) The applicant shall
			 file an application on the form prescribed by the insurance commissioner
			 setting forth the lines of insurance which it desires to write. For each line
			 of insurance the applicant proposes to write it shall demonstrate that it is
			 possessed of adequate capital and/or surplus funds in a minimum amount as
			 prescribed in title 38a of the Connecticut General Statutes.
(B) A determination of financial condition
			 will be made regarding those companies which apply. In making this
			 determination there shall be deducted from unassigned funds any non-qualifying
			 assets or understatement in reserves or special deposits not held on account
			 for all policyholders. The difference between market value and amortized value
			 of investments in bonds may be taken into consideration and also the ratio of
			 earned premiums to surplus as regards policyholders for non-life companies when
			 the ratio exceeds 3:1, as well as any other ratios that are generally
			 acceptable among regulators and the insurance industry.
(C) Applicant shall hold a valid Certificate
			 of Authority from its state of domicile or jurisdiction which authorizes it to
			 transact those kinds of insurance it proposes to transact in this
			 state.
Connecticut Administrative Code › Title 38a - Insurance Department › 41 - Requirements for Insurance Companies Applying for a License to do Business in the State of Connecticut › Section 38a-41-4 - Procedure

Current through July 10, 2024
(1) As far as practicable, all applicants
			 having been assigned a sequential order respecting their application will have
			 their submission reviewed in that serial order.
(2) Applicants must keep filing current. Any
			 amendments to constituent documents on file must be timely dated.
(3) Any applications whose application is
			 rejected as a result of a review who reapplies will be assigned a new
			 sequential order respecting its application as provided above.
(4) Any applicant whose application is
			 rejected is entitled to a hearing.
(5) Any applicant whose application has been
			 rejected other than as provided in subdivision (6) of this section or who has
			 withdrawn its application may not reapply for a certificate of authority until
			 a minimum of two years has expired. For good cause shown, such waiting period
			 may be waived by the commissioner.
(6) Any applicant after written notice by the
			 insurance department that its application is incomplete or has not been made
			 current shall have its application rejected if the deficiency in the
			 application is not corrected within 30 days of notification.
Connecticut Administrative Code › Title 38a - Insurance Department › 41 - Requirements for Insurance Companies Applying for a License to do Business in the State of Connecticut › Section 38a-41-6 - Severability

Current through July 10, 2024
If any section or portion of a section of these regulations or
				the applicability thereof to any person or circumstances is held invalid by a
				court, the remainder of the regulations, or the applicability of such provision
				to other persons or circumstances, shall not be affected
				thereby.
Connecticut Administrative Code › Title 38a - Insurance Department › 53 - Statement of Actuarial Opinion › Section 38a-53-1 - Definitions

Current through July 10, 2024
As used in Sections 38a-53-1 to
				38a-53-4, inclusive of
				the Regulations of Connecticut State Agencies:
(a) "Qualified Actuary" and "Qualified Loss
			 Reserve Specialist" means a person who is either:
(1) A member in good standing of the Casualty
			 Actuarial Society; or
(2) A member
			 in good standing of the American Academy of Actuaries who has been approved as
			 qualified for signing casualty loss reserve opinions by the Casualty Practice
			 Council of the American Academy of Actuaries; or
(3) A member in good standing of the Society
			 of Actuaries; or
(4) In the case of
			 a health care center or life and health insurance company, an actuary who is
			 qualified to submit an actuarial opinion regarding a life insurance company's
			 accident and health reserves in accordance with Section
			 38a-78
			 of the General Statutes.