(a)(1) Except as provided in subsection (b) of this section, no insurer that delivers, issues for delivery, renews, amends or endorses a homeowners insurance policy in this state on or after July 1, 2021, that is subject to the requirements of sections 38a-663 to 38a-696, inclusive, shall cancel such policy unless:
(A) If such policy is not a renewal policy and has been in effect for fewer than sixty days, such insurer sends a written cancellation notice to the named insured:
(i) At least ten days before the effective date of such cancellation for nonpayment of premium disclosing:
(I) Such cancellation;
(II) That the named insured may avoid such cancellation and continue coverage under such policy by paying, before the effective date of such cancellation, such unpaid premium; and
(III) That any excess premium, if not tendered by the insurer, shall be refunded to the named insured upon demand by the named insured; or
(ii) At least thirty days before the effective date of such cancellation for any reason other than nonpayment of premium disclosing:
(I) Such cancellation;
(II) The reason for such cancellation;
(III) The effective date of such cancellation; and
(IV) That any excess premium, if not tendered by the insurer, shall be refunded to the named insured upon demand by the named insured; or
(B) If such policy is not a renewal policy and has been in effect for at least sixty days, or if such policy is an effective renewal policy, such insurer sends a written cancellation notice to the named insured:
(i) At least ten days before the effective date of such cancellation for nonpayment of premium disclosing:
(I) Such cancellation;
(II) That the named insured may avoid such cancellation and continue coverage under such policy by paying, before the effective date of such cancellation, such unpaid premium; and
(III) That any excess premium, if not tendered by the insurer, shall be refunded to the named insured upon demand by the named insured; or
(ii) At least thirty days before the effective date of such cancellation for fraud or misrepresentation of any material fact made by the named insured in obtaining coverage under such policy that, if discovered by such insurer, would have caused such insurer not to issue or renew such policy, as applicable, or any physical change in the covered property that materially increases a hazard insured against under such policy disclosing:
(I) The effective date of such cancellation; and
(II) That any excess premium, if not tendered by the insurer, shall be refunded to the named insured upon demand by the named insured.
(2) No insurer may cancel a homeowners insurance policy described in subparagraph (B) of subdivision (1) of this subsection for any reason other than:
(A) Nonpayment of premium;
(B) Fraud or misrepresentation of any material fact made by the named insured in obtaining coverage under such policy that, if discovered by the insurer, would have caused the insurer not to issue or renew such policy, as applicable; or
(C) Any physical change in the covered property that materially increases a hazard insured against under such policy.
(3) No notice of cancellation required under subdivision (1) of this subsection shall be effective unless such notice is sent to the named insured by registered mail, certified mail or mail evidenced by a certificate of mailing, or, if agreed by the insurer and the named insured, by electronic means evidenced by a delivery receipt.
(b) No notice of cancellation is required under subsection (a) of this section if the homeowners insurance policy is transferred from the insurer to an affiliate of such insurer for another policy with no interruption of coverage and the same terms, conditions and provisions, including policy limits, as the transferred policy, except that the insurer to which the policy is transferred shall not be prohibited from applying such insurer's rates and rating plans at the time of renewal.
(c) The named insured under a homeowners insurance policy described in subsection (a) of this section may cancel such policy at any time by sending to the insurer that delivered, issued for delivery, renewed, amended or endorsed such policy a written notice disclosing the effective date of such cancellation.
(P.A. 21-137, S. 4.)
History: P.A. 21-137 effective July 1, 2021.
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.