Connecticut General Statutes
Chapter 700 - Property and Casualty Insurance
Section 38a-389. - Filing of rates to reflect premium savings. Prior rate approval.

(a) The General Assembly finds and concludes that the system of bodily injury liability, basic and added reparations benefits and uninsured and underinsured motorist insurance, as amended by the provisions of public act 93-297*, will generate premium savings for policyholders with such coverages.

(b) Each insurer licensed to sell private passenger automobile insurance in this state shall refile, with the Insurance Commissioner, its base rates for such coverages to reflect the elimination of mandatory basic and added reparations benefits pursuant to public act 93-297* and any additional premium savings attributable to said act. Such rates shall be refiled, as soon as practicable, for use with policies effective on or after January 1, 1994.
(c) Upon receipt of the initial base rate filing made under this section, the Insurance Commissioner, before permitting such filing to become effective, shall consult with an independent actuary for the purpose of assuring that such rates reflect both (1) the insurer's rates on file on May 1, 1993, adjusted for cost trends from the date of filing to January 1, 1994; and (2) the elimination of mandatory basic and added reparations benefits pursuant to public act 93-297* and any additional premium savings attributable to said act. Such revised rates shall be applicable to all new and renewal policies effective on or after January 1, 1994.
(d) The base rates for bodily injury liability coverage and uninsured and underinsured motorist coverage that are filed subsequent to the initial filing of base rates pursuant to this section shall be subject to prior rate approval in the same manner as in a noncompetitive market pursuant to subdivision (2) of subsection (a) of section 38a-688.
(P.A. 93-297, S. 27, 29; P.A. 97-303.)
*Note: Public act 93-297 is entitled “An Act Concerning Automobile Insurance Reform”. (See Reference Table captioned “Public Acts of 1993” in Volume 16 which lists the sections amended, created or repealed by the act.)
History: P.A. 93-297 effective July 1, 1993; P.A. 97-303 made a technical change in Subsec. (b) and amended Subsec. (d) to eliminate sunset provision ending December 31, 1997.

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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.