Connecticut General Statutes
Chapter 700 - Property and Casualty Insurance
Section 38a-371. (Formerly Sec. 38-327). - Mandatory security requirements.

(a)(1) The owner of a private passenger motor vehicle required to be registered in this state shall provide and continuously maintain throughout the registration period security in accordance with sections 38a-334 to 38a-343, inclusive. (2) The owner of a private passenger motor vehicle not required to be registered in this state shall maintain security in accordance with this section, in effect continuously throughout the period of its operation, maintenance or use as a motor vehicle within this state with respect to accidents occurring in this state.

(b) The security required by this section, may be provided by a policy of insurance complying with this section issued by or on behalf of an insurer licensed to transact business in this state or, if the vehicle is registered in another state, by a policy of insurance issued by or on behalf of an insurer licensed to transact business in either this state or the state in which the vehicle is registered.
(c) Subject to approval of the Insurance Commissioner the security required by this section, may be provided by self-insurance by filing with the commissioner in satisfactory form: (1) A continuing undertaking by the owner or other appropriate person to perform all obligations imposed by this section; (2) evidence that appropriate provision exists for the prompt and efficient administration of all claims, benefits, and obligations provided by this section; and (3) evidence that reliable financial arrangements, deposits or commitments exist providing assurance for payment of all obligations imposed by this section substantially equivalent to those afforded by a policy of insurance that would comply with this section. A person who provides security under this subsection is a self-insurer. A municipality may provide the security required under this section by filing with the commissioner a notice that it is a self-insurer.
(d) Except as provided in subsection (b) of section 14-213b, the owner of any private passenger motor vehicle required to be registered in this state who operates it or permits it to be operated in this state is guilty of a class C misdemeanor if he fails to provide the security required by this section.
(e) An owner of a private passenger motor vehicle with respect to which security is required who fails to have such security in effect at the time of an accident shall have all of the rights and obligations of an insurer under sections 38a-363 to 38a-388, inclusive, and shall remain subject to all the obligations of the Financial Responsibility Law, sections 14-112 to 14-133, inclusive.
(f) Upon receipt of a signed written request for suspension from the owner of a registered motor vehicle stating that such vehicle will not be operated upon any highway during a period of not less than thirty consecutive days, the insurer of such vehicle shall suspend, to the extent requested by the owner, insurance coverage afforded under the policy providing the security required by sections 38a-363 to 38a-388, inclusive, for such vehicle until notified by the owner that the coverage should be reinstated. During the period of suspension only, the provisions of subsections (a) to (e), inclusive, of this section shall not apply with respect to such vehicle, except that if such vehicle is operated upon any highway by or with the permission of the owner during the period of suspension, the provisions of said subsections (a) to (e), inclusive, of this section, shall thereupon become applicable. As used in this subsection, “highway” has the same meaning as provided in section 14-1. This subsection shall not apply to a motor vehicle for which proof of financial responsibility is required under the provisions of sections 14-112 to 14-133, inclusive.
(1972, P.A. 273, S. 9; P.A. 73-174, S. 1, 2; P.A. 74-13; 74-338, S. 4, 94; P.A. 75-567, S. 62, 80; P.A. 81-36; P.A. 82-145; P.A. 88-73, S. 2; P.A. 92-60, S. 8; P.A. 93-297, S. 12, 29; Oct. 25 Sp. Sess. P.A. 05-3, S. 3; P.A. 17-15, S. 30.)
History: P.A. 73-174 added Subsec. (f) re suspension of insurance; P.A. 74-13 deleted reference to car “owned by a nonresident” in provision which requires that security be in effect with regard to cars not registered in state while operated in Connecticut under Subsec. (a); P.A. 74-338 substituted reference to Sec. 14-133 for reference to Sec. 14-144 in Subsec. (f); P.A. 75-567 substituted reference to Sec. 14-133 for reference to Sec. 14-144 in Subsec. (e); P.A. 81-36 required that owners who are members of military service and who garage vehicle out-of-state provide security for payment of basic reparations benefits only while vehicle is operated in this state; P.A. 82-145 permitted municipalities to provide the required security by filing notice stating it is a self-insurer in Subsec. (c); P.A. 88-73 amended Subsec. (b) to require that the insurer be licensed rather than authorized to transact business in this state; Sec. 38-327 transferred to Sec. 38a-371 in 1991; P.A. 92-60 made technical corrections for statutory consistency; P.A. 93-297 amended Subsec. (a)(1) to require that security be maintained “in accordance with sections 38a-334 to 38a-343, inclusive,” rather than “in accordance with sections 38a-363 to 38a-388, inclusive, for payment of basic reparations benefits and the liabilities under residual liability insurance” and delete provision re security and coverage required to be maintained by a member of the military service who garages his vehicle outside of this state, amended Subsec. (a)(2) to require that security be maintained in accordance with “this section” rather than in accordance with “sections 38a-363 to 38a-388, inclusive”, amended Subsec. (b) to replace references to “sections 38a-363 to 38a-388, inclusive” with “this section”, amended Subsec. (c) to replace references to “sections 38a-363 to 38a-388, inclusive” with “this section” and delete provisions re payment of basic reparations benefits and the liabilities covered by residual liability insurance, amended Subsec. (d) to replace reference to “sections 38a-363 to 38a-388, inclusive” with “this section” and delete requirement that owner “provide the proof of financial responsibility required under section 14-112”, amended Subsec. (e) to delete provision re personal liability of the owner for payment of basic reparations benefits and amended Subsec. (f) to delete provisions re applicability of Sec. 38a-372 during the period of suspension, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date; Oct. 25 Sp. Sess. P.A. 05-3 amended Subsec. (d) to add exception re Sec. 14-213b(b), effective January 1, 2006; P.A. 17-15 made technical changes in Subsec. (f).
Annotations to former section 38-327:
Compulsory security requirement of no-fault insurance law applies only to owners of vehicles; criminal prosecution for failure to carry compulsory security cannot be based upon admission made pursuant to Sec. 14-108. 169 C. 267. Cited. 186 C. 507.
Cited. 19 CA 169; 22 CA 27; judgment reversed, see 217 C. 631.
Fault under section does not deprive the uninsured motorist of the benefits of Sec. 38-323; section gives the uninsured motorist the benefit of Sec. 38-323; Subsec. (e) and Sec. 38-323 are construed together. 31 CS 229. Cited. 36 CS 561; 37 CS 117; Id., 672; 38 CS 318.
Annotations to present section:
Cited. 217 C. 631; 219 C. 391; 222 C. 744. Self-insurance provision discussed. 248 C. 195. Legislature's requirement that vehicle owners maintain liability coverage does not require that such owner coverage be primary if other coverage that satisfies the statutory minimum standards is available. 282 C. 535.
Cited. 25 CA 492; judgment reversed, see 222 C. 744; 27 CA 346; 30 CA 742. Self-insured municipal employer not required to create a writing to give notice of its intention to reduce the amount of its uninsured motorist coverage by the amount of workers' compensation benefits paid to plaintiff employee because the self-insured municipality functions as both insurer and insured. 82 CA 752; judgment reversed, see 273 C. 519.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 38a - Insurance

Chapter 700 - Property and Casualty Insurance

Section 38a-305. (Formerly Sec. 38-107). - Additional powers of fire insurance companies.

Section 38a-306. (Formerly Sec. 38-97). - Standard form of fire insurance policy; designation; penalty.

Section 38a-307. (Formerly Sec. 38-98). - Standard form.

Section 38a-307a. - Terrorism exclusion in condominium association master policy prohibited. Conditions re terrorism exclusion in other commercial risk insurance policy.

Section 38a-308. (Formerly Sec. 38-99). - Provisions of policy or contract.

Section 38a-309. (Formerly Sec. 38-100). - Binders for temporary insurance. Written binder as evidence of insurance on mortgaged property.

Section 38a-310. (Formerly Sec. 38-101). - Combination standard form of fire insurance policy.

Section 38a-311. (Formerly Sec. 38-102). - Forms of supplemental contracts or extended coverage endorsements.

Section 38a-312. (Formerly Sec. 38-103). - Renewal certificates.

Section 38a-313. (Formerly Sec. 38-104). - Replacement insurance.

Section 38a-313a. - Notice to insured and contract or document re repair, remediation or mitigation work under a personal or commercial risk policy.

Section 38a-313b. - Coverage for perishable food donated by certain food establishments.

Section 38a-313c. - Coverage for canned or perishable food donated by food relief organization or supermarket.

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-316a. - Failure to install or have on premises storm shutters prohibited as sole basis for refusal to renew or issue homeowners insurance policy. Imposition of hurricane deductibles.

Section 38a-316b. - Premium discount on homeowners insurance policies for installation of permanent storm shutters or impact-resistant glass.

Section 38a-316c. - Coastal market assistance program established to assist coastal area residents to obtain homeowners insurance. Regulations.

Section 38a-316d. - Prohibitions on declination, cancellation and nonrenewal of homeowners insurance policies.

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-318. (Formerly Sec. 38-114h). - Information to be furnished relative to fire or explosion losses. Limitation on liability. Confidentiality of information. Testimony concerning information given authorized agencies.

Section 38a-318a. - Information to be furnished to Commissioner of Administrative Services re filed liability insurance claims. Confidentiality of information. Costs and reimbursement. Immunity from liability.

Section 38a-319. (Formerly Sec. 38-31). - Agreement of indemnification for injury from future accident to constitute contract.

Section 38a-320. (Formerly Sec. 38-31a). - Home warranty contract or home warranty service agreement. Definition. Constitutes insurance contract.

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-323. (Formerly Sec. 38-185w). - Notice of nonrenewal, conditional renewal and premium billing for personal and commercial risk policies.

Section 38a-323a. - Designation of a third party to receive nonrenewal and cancellation notices. Option available for automobile and homeowners policies.

Section 38a-323b. - Written notice of personal risk claim denial. Notice to include Insurance Department contact information.

Section 38a-323c. - Notice of late fee amount and applicability re personal risk insurance policies.

Section 38a-324. (Formerly Sec. 38-185x). - Cancellation of commercial risk insurance policies. Notice requirements. Applicable to surplus lines insurers.

Section 38a-325. - Notice of cancellation or discontinuation of professional liability insurance to covered employees.

Section 38a-326. (Formerly Sec. 38-185y). - History report provided upon nonrenewal or cancellation of commercial risk policy. Claim information provided upon request. Regulations.

Section 38a-327. (Formerly Sec. 38-17a). - Regulations on claims-made policies.

Section 38a-328. (Formerly Sec. 38-114f). - Adoption of a fire, liability and allied lines underwriting facility.

Section 38a-329. (Formerly Sec. 38-185l). - Residual market mechanism for property and casualty insurance.

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-335. (Formerly Sec. 38-175b). - Minimum coverages. Applicability. Statement of coverage for rented motor vehicle.

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-338. (Formerly Sec. 38-175d). - Policies deemed to provide coverage in accordance with regulations.

Section 38a-339. (Formerly Sec. 38-175t). - Comprehensive automobile coverage to include optional coverage for repair or replacement of damaged safety glass without deductible or minimum amount.

Section 38a-340. (Formerly Sec. 38-175e). - Binders, renewal endorsements and evidences of renewal.

Section 38a-341. (Formerly Sec. 38-175f). - Cancellation of motor vehicle liability policy: Definitions.

Section 38a-342. (Formerly Sec. 38-175g). - Bases for cancellation.

Section 38a-343. (Formerly Sec. 38-175h). - Receipt of cancellation notice. Reason for cancellation. Notice of cancellation. Requirements. Cancellation fee limited.

Section 38a-343a. - Notice of policy cancellation, addition or issuance and policy information provided to Commissioner of Motor Vehicles.

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-347. (Formerly Sec. 38-175m). - Safe driver classification plans for motor vehicle insurance. Review.

Section 38a-348. (Formerly Sec. 38-175n). - Mandatory medical examination; cost to be paid by insurer.

Section 38a-349. (Formerly Sec. 38-175p). - Insurer to file automobile liability policy underwriting rules and regulations with commissioner. Approval procedure.

Section 38a-350. (Formerly Sec. 38-175q). - Automobile liability policy information to be filed with commissioner.

Section 38a-351. (Formerly Sec. 38-175r). - Automobile liability insurance for volunteer firemen and members of volunteer ambulance companies. Nonrenewal and surcharge prohibited.

Section 38a-351a. - Collision deductible included in subrogation demand.

Section 38a-352. (Formerly Sec. 38-175s). - Motor vehicle claims to be paid by check, electronic transfer or other immediately accessible means.

Section 38a-353. (Formerly Sec. 38-175y). - Calculation of settlement amount on totalled motor vehicle. Disclosures required.

Section 38a-354. (Formerly Sec. 38-175u). - Automobile appraisers and insurers prohibited from requiring where repairs should be made or making certain statements. Notice required on appraisals or estimates.

Section 38a-354a. - Automobile appraisers and insurers prohibited from requiring where automotive glass work should be performed or making certain statements. Statement required during initial contact with insured.

Section 38a-355. (Formerly Sec. 38-175z). - Notice required concerning parts used to repair damaged private passenger motor vehicles.

Section 38a-356. (Formerly Sec. 38-175v). - Disclosure of information by insurance company re motor vehicle losses or fraudulent claims. Insurance company reports to commissioner. Immunity from liability. Confidentiality.

Section 38a-357. (Formerly Sec. 38-175w). - Insurer to report motor vehicle theft or fire loss to National Insurance Crime Bureau. Bureau to establish central index file.

Section 38a-358. (Formerly Sec. 38-175x). - Declination, cancellation or nonrenewal of private passenger nonfleet auto insurance policies prohibited for certain reasons.

Section 38a-358. (Formerly Sec. 38-175x). *(See end of section fo - Declination, cancellation or nonrenewal of private passenger nonfleet auto insurance policies prohibited for certain reasons.

Section 38a-363. (Formerly Sec. 38-319). - Definitions.

Section 38a-364. (Formerly Sec. 38-319a). - Insurance identification cards. Temporary card to be issued with binder.

Section 38a-365 to 38a-369. (Formerly Secs. 38-320 to 38-323, 38-325). - Liability of owner's insurer for basic reparations benefits. Payees of basic reparations benefits. Injury to employee. Cause of action allowable, when. Subrogation.

Section 38a-370. (Formerly Sec. 38-326). - Residual liability insurance.

Section 38a-371. (Formerly Sec. 38-327). - Mandatory security requirements.

Section 38a-372. (Formerly Sec. 38-328). - Insurers required to declare that policies deemed to provide required security.

Section 38a-373 to 38a-378. (Formerly Secs. 38-329 to 38-334). - Property damage coverage not included. Optional reparations coverage. Converter of private passenger vehicle disqualified. Person intentionally causing injury not covered. Payments as e...

Section 38a-379. (Formerly Sec. 38-335). - Civil action to enforce rights and obligations.

Section 38a-380 to 38a-384. (Formerly Secs. 38-336 to 38-340). - Benefits exempt from garnishment, etc. Insurer's liability for rehabilitation treatment or training. Benefits available through assigned claims plan, when. Assigned claims bureau and pl...

Section 38a-385. (Formerly Sec. 38-341). - Assigned risk plan.

Section 38a-386. (Formerly Sec. 38-342). - Submission of data to commissioner. Plan for allocation and compilation of claims and loss experience data.

Section 38a-387. (Formerly Sec. 38-344). - Special surety or guaranty filings. Order to suspend or modify filing requirements.

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-393. (Formerly Sec. 38-370a). - Record of cancellation of professional liability policies. Regulations.

Section 38a-394. (Formerly Sec. 38-370c). - Mandatory provisions for professional liability insurance policies issued on a claims-made basis. Additional requirements for certain claims-made medical malpractice policies.

Section 38a-395. (Formerly Sec. 38-370d). - Medical malpractice data: Closed claims reports. Database. Annual report.

Section 38a-397. - Portable electronics insurance.

Section 38a-398. - Travel Insurance.

Section 38a-398a. - Travel insurance and suicide. Prohibition on coverage exclusion.