(a)(1) Subject to the provisions of subsection (b) of this section, any insurer that delivers, issues for delivery, renews, amends or continues in this state a commercial risk insurance policy or rider to such policy that provides coverage for the spoilage of perishable food shall provide coverage to the same extent for perishable food that is donated to a temporary emergency shelter operated or supervised by a municipality or the state during a state of emergency for a limited time period, if: (A) The Governor proclaims that a state of emergency exists; (B) as a result or as part of such emergency, an electrical outage or interruption of electrical service to an insured under such policy or rider has occurred and is forecast by the electric supplier for such insured to last longer for the insured location than the time period prescribed by the Department of Public Health or local director of health, or an authorized agent thereof, for the safe handling of perishable food; (C) such perishable food is donated prior to the expiration of the time period described in subparagraph (B) of this subdivision; and (D) the insured provides to the insurer written documentation from such shelter that states the date and time of such donation.
(2) The provisions of subdivision (1) of this subsection shall apply to an insurance policy or rider delivered, issued for delivery, renewed, amended or continued in this state for a food establishment classified as a class 3 or class 4 food establishment pursuant to regulations adopted under section 19a-36h.
(b) No such food establishment shall donate perishable food pursuant to subdivision (1) of subsection (a) of this section if (1) the Department of Public Health or a local director of health, or an authorized agent thereof, has embargoed or ordered destroyed such perishable food, (2) the Department of Consumer Protection or its authorized agent has deemed such perishable food adulterated, as defined in section 21a-101, or (3) such perishable food is not fit for human consumption.
(c) To the extent a tax deduction or tax credit is allowed under state law for a donation made pursuant to this section, no food establishment that donates perishable food in accordance with the provisions of this section and receives payment from an insurer for such donation shall avail itself of a tax deduction or tax credit for the amount of such payment.
(P.A. 12-123, S. 1; P.A. 17-93, S. 14.)
History: P.A. 17-93 amended Subsec. (a)(2) by replacing “class III or class IV” with “a class 3 or class 4 food establishment” and replacing reference to Sec. 19a-36 with reference to Sec. 19a-36h.
See Sec. 52-557l re immunity from liability for food establishments donating perishable food.
Structure Connecticut General Statutes
Chapter 700 - Property and Casualty Insurance
Section 38a-305. (Formerly Sec. 38-107). - Additional powers of fire insurance companies.
Section 38a-307. (Formerly Sec. 38-98). - Standard form.
Section 38a-308. (Formerly Sec. 38-99). - Provisions of policy or contract.
Section 38a-310. (Formerly Sec. 38-101). - Combination standard form of fire insurance policy.
Section 38a-312. (Formerly Sec. 38-103). - Renewal certificates.
Section 38a-313. (Formerly Sec. 38-104). - Replacement insurance.
Section 38a-313b. - Coverage for perishable food donated by certain food establishments.
Section 38a-314. (Formerly Sec. 38-105). - Conditions to be stated in body of policy.
Section 38a-315. (Formerly Sec. 38-106). - Form of policies in other states.
Section 38a-316. (Formerly Sec. 38-114). - Premium notes subject to set-off.
Section 38a-316e. - Matching of adjacent items under real property covered loss.
Section 38a-316f. - Flood insurance coverage offering.
Section 38a-316g. - Cancellation of homeowners insurance policies. Notice refund of excess premium.
Section 38a-317. (Formerly Sec. 38-114g). - Owner of mobile home eligible for homeowners policy.
Section 38a-321. (Formerly Sec. 38-175). - Liability of insurer under liability policy.
Section 38a-322. (Formerly Sec. 38-185v). - Binders for personal and commercial risk insurance.
Section 38a-322a. - Certificate of insurance. Prohibitions. Investigation.
Section 38a-323c. - Notice of late fee amount and applicability re personal risk insurance policies.
Section 38a-327. (Formerly Sec. 38-17a). - Regulations on claims-made policies.
Section 38a-330. - Transfer of policy to affiliate due to merger or acquisition. Notice.
Section 38a-331. - Healthy Homes Fund. Surcharge.
Section 38a-334. (Formerly Sec. 38-175a). - Minimum provisions in automobile liability policies.
Section 38a-335a. - Disclosure of automobile insurance policy limits.
Section 38a-336. (Formerly Sec. 38-175c). - Uninsured and underinsured motorist coverage.
Section 38a-336a. - Underinsured motorist conversion coverage.
Section 38a-336b. - Subrogation against owner or operator of underinsured motor vehicle prohibited.
Section 38a-336c. - Claims for uninsured or underinsured motorist benefits.
Section 38a-337. (Formerly Sec. 14-130). - Apportionment of risks.
Section 38a-340. (Formerly Sec. 38-175e). - Binders, renewal endorsements and evidences of renewal.
Section 38a-342. (Formerly Sec. 38-175g). - Bases for cancellation.
Section 38a-344. (Formerly Sec. 38-175j). - Proof of notice.
Section 38a-345. (Formerly Sec. 38-175k). - Notice of possible eligibility for assigned risk plan.
Section 38a-346. (Formerly Sec. 38-175l). - Liability of persons furnishing information to insured.
Section 38a-351a. - Collision deductible included in subrogation demand.
Section 38a-363. (Formerly Sec. 38-319). - Definitions.
Section 38a-370. (Formerly Sec. 38-326). - Residual liability insurance.
Section 38a-371. (Formerly Sec. 38-327). - Mandatory security requirements.
Section 38a-379. (Formerly Sec. 38-335). - Civil action to enforce rights and obligations.
Section 38a-385. (Formerly Sec. 38-341). - Assigned risk plan.
Section 38a-388. (Formerly Sec. 38-350). - Conflict with chapters 246, 247, 248.
Section 38a-389. - Filing of rates to reflect premium savings. Prior rate approval.
Section 38a-397. - Portable electronics insurance.
Section 38a-398. - Travel Insurance.
Section 38a-398a. - Travel insurance and suicide. Prohibition on coverage exclusion.