(a)(1) There is imposed a twelve-dollar surcharge on the issuance or renewal of each insurance policy providing:
(A) Personal risk insurance coverage for an owned dwelling in this state with four or fewer units, except for a mobile home;
(B) Coverage for an individual unit in this state that is part of a condominium, as such terms are defined in section 47-68a; or
(C) Coverage for an individual unit in this state that is part of a common interest community and exclusively used for residential purposes, as such terms are defined in section 47-202.
(2) The surcharge imposed under this subsection shall be assessed on insurance policies issued or renewed during the period beginning on January 1, 2019, and ending on December 31, 2029. Such surcharge is not premium and shall not be considered premium for any purpose.
(b) Payment of the surcharge imposed under subsection (a) of this section shall be the obligation of the person that is first listed as an insured under the policy, provided collection and remittance of such surcharge may be effected in such manner as the insurer, insured and any mortgagee may reasonably determine. Such surcharge is payable in full upon commencement or renewal of coverage, and no portion of such surcharge shall be reimbursed, whether on policy cancellation or otherwise.
(c) (1) Acting on behalf of, and as a collection agent of the Healthy Homes Fund established pursuant to section 8-446, each admitted insurer, or, for nonadmitted insurers, one or more surplus lines brokers licensed pursuant to section 38a-794 procuring from the nonadmitted insurer an insurance policy providing coverage of a type described in subdivision (1) of subsection (a) of this section, shall remit to the Insurance Commissioner, not later than the thirtieth day of April annually, all surcharges imposed under subsection (a) of this section on the named insured that were collected during the calendar year next preceding. Each such remittance shall include documentation, in the form and manner prescribed by the commissioner, to substantiate the total surcharge amount being remitted by such insurer or licensee.
(2) All such remittances under subdivision (1) of this subsection, except for the amount of remittances equal to the cost of funding an administrative officer position at the Insurance Department to facilitate the surcharge collection, shall be deposited in the Healthy Homes Fund established in section 8-446. Not later than thirty days after such deposit in the Healthy Homes Fund, eighty-five per cent of such deposits shall be transferred to the Crumbling Foundations Assistance Fund established in section 8-441.
(3) The surcharge imposed under subsection (a) of this section shall constitute a special purpose assessment for the purposes of section 12-211.
(d) The commissioner may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(P.A. 18-160, S. 1; P.A. 19-192, S. 3.)
History: P.A. 18-160 effective January 1, 2019, and applicable to policies delivered, issued or renewed on or after January 1, 2019; P.A. 19-192 amended Subsec. (a) by replacing provisions re amount of surcharge with new provisions re same, added new Subsec. (b) re obligation for payment of surcharge, redesignated existing Subsec. (b) as Subsec. (c) and amended same by adding provision re nonadmitted insurers, deleting “for each such policy delivered, issued or renewed before January first of the then current calendar year” in Subdiv. (1), and replacing “pursuant to” with “under” in Subdiv. (3), redesignated existing Subsec. (c) as Subsec. (d) and made technical and conforming changes, effective July 8, 2019.
See Sec. 8-446 for additional provisions re Healthy Homes Fund.
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.