Connecticut General Statutes
Chapter 701 - Personal and Commercial Risk Insurance Rating Practices
Section 38a-663. (Formerly Sec. 38-201a). - Definitions.

The following words and phrases, as used in sections 38a-663 to 38a-696, inclusive, shall have the following meanings unless the context otherwise requires:

(1) “Rating organization” means an individual, partnership, corporation, unincorporated association, other than an admitted insurer, whether located within or outside this state, who or that has as a primary object or purpose the making of rates, rating plans or rating systems. Two or more admitted insurers that act in concert for the purpose of making rates, rating plans or rating systems, and that do not operate within the specific authorizations contained in sections 38a-667, 38a-669, 38a-670 and 38a-672 shall be deemed to be a rating organization. No single insurer shall be deemed to be a rating organization.
(2) “Advisory organization” means every group, association or other organization of insurers, whether located within or outside this state, that assists insurers or rating organizations in rate-making by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, provided the term shall not include actuarial, legal or other consultants.
(3) “Member” means an insurer that participates in or is entitled to participate in the management of a rating, advisory or other organization.
(4) “Subscriber” means an insurer that is furnished at its request (A) with rates and rating manuals by a rating organization of which it is not a member, or (B) with advisory services by an advisory organization of which it is not a member.
(5) “Wilful” and “wilfully” in relation to an act or omission that constitutes a violation of sections 38a-663 to 38a-681, inclusive, means with actual knowledge or belief that such act or omission constitutes such violation and with specific intent to commit such violation.
(6) “Market” means the interaction between buyers and sellers consisting of a product market component and a geographic market component, as determined by the commissioner in accordance with the provisions of subsection (b) of section 38a-687.
(7) “Noncompetitive market” means a residual market or a market for which there is a ruling in effect pursuant to section 38a-687, that a reasonable degree of competition does not exist.
(8) “Competitive market” means a market that has not been found to be noncompetitive pursuant to section 38a-687.
(9) “Personal risk insurance” means homeowners, tenants, private passenger nonfleet automobile, mobile manufactured home and other property and casualty insurance for personal, family or household needs except workers' compensation insurance.
(10) “Homeowners insurance” means property and casualty insurance for owner-occupied buildings with four or fewer dwelling units.
(11) “Commercial risk insurance” means insurance within the scope of sections 38a-663 to 38a-696, inclusive, that is not personal risk insurance.
(12) “Supplementary rate information” includes any manual or plan of rates, classification, rating schedule, minimum premium, rating rule, and any other similar information needed to determine the applicable rate in effect or to be in effect.
(13) “Supporting information” means (A) the experience and judgment of the filer and the experience or data of other insurers or organizations relied upon by the filer, (B) the interpretation of any statistical data relied upon by the filer, and (C) descriptions of methods used in making the rates, and other similar information required to be filed by the commissioner.
(14) “Residual market” means an arrangement for the provision of insurance in accordance with the provisions of section 38a-328, 38a-329 or 38a-670.
(1969, P.A. 665, S. 1; P.A. 82-353, S. 3; June Sp. Sess. P.A. 83-3, S. 1; P.A. 01-174, S. 12; P.A. 15-118, S. 55; P.A. 16-136, S. 1.)
History: P.A. 82-353 subdivided the section, amended the definition of “advisory organization” to exclude actuarial, legal and other consultants and defined “market”, “noncompetitive market”, “competitive market”, “personal risk insurance”, “commercial risk insurance”, “supplementary rate information”, “supporting information” and “residual market”; June Sp. Sess. P.A. 83-3 changed term “mobile home” to “mobile manufactured home” in Subdiv. (i); Sec. 38-201a transferred to Sec. 38a-663 in 1991; P.A. 01-174 substituted references to Sec. 38a-696 for Sec. 38a-697 in the introductory language and in Subdiv. (j) and made a technical change in Subdiv. (l); P.A. 15-118 redesignated existing Subdivs. (a) to (m) as Subdivs. (1) to (13) and made technical and conforming changes; P.A. 16-136 added Subdiv. (10) defining “homeowners insurance” and redesignated existing Subdivs. (10) to (13) as Subdivs. (11) to (14).

Structure Connecticut General Statutes

Connecticut General Statutes

Title 38a - Insurance

Chapter 701 - Personal and Commercial Risk Insurance Rating Practices

Section 38a-663. (Formerly Sec. 38-201a). - Definitions.

Section 38a-664. (Formerly Sec. 38-201b). - Insurance excepted from regulation.

Section 38a-665. (Formerly Sec. 38-201c). - Standards for the making and use of rates re commercial risk insurance.

Section 38a-666. (Formerly Sec. 38-201d). - Permitted concerted action by insurers.

Section 38a-667. (Formerly Sec. 38-201e). - Insurers having common ownership or management.

Section 38a-668. (Formerly Sec. 38-201f). - Use of information of rating or advisory organizations.

Section 38a-669. (Formerly Sec. 38-201g). - Exchange of information re rate-making and rating systems.

Section 38a-670. (Formerly Sec. 38-201h). - Agreements to insure uninsurable applicants. Approval. Revocation.

Section 38a-671. (Formerly Sec. 38-201i). - Compliance with law prerequisite to operation. Insurer not to subscribe to noncomplying organization.

Section 38a-672. (Formerly Sec. 38-201j). - License required for rating organizations. Qualifications. Examination and investigation.

Section 38a-673. (Formerly Sec. 38-201k). - Advisory organizations.

Section 38a-674. (Formerly Sec. 38-201l). - Joint underwriting or joint reinsurance.

Section 38a-675. (Formerly Sec. 38-201m). - Records and information to be maintained. Approval of rules and statistical plans re loss and expense experience.

Section 38a-676. (Formerly Sec. 38-201n). - Review of classifications, rules, rates and form of commercial risk insurance contracts and portable electronics insurance. Waiting period for workers' compensation and employers' liability insurance. Prior...

Section 38a-676a. - Review of professional liability rates for physicians and surgeons, hospitals, advanced practice registered nurses and physician assistants. Working group. Recommendations.

Section 38a-677. (Formerly Sec. 38-201o). - Examinations.

Section 38a-678. (Formerly Sec. 38-201p). - Complaint and hearing. Practices prohibited. Suspension and revocation of certificate of authority or license. Appeals.

Section 38a-679. (Formerly Sec. 38-201q). - Withholding or giving of false or misleading information.

Section 38a-680. (Formerly Sec. 38-201r). - Penalties.

Section 38a-681. (Formerly Sec. 38-201s). - Payment of dividends, savings and unabsorbed premium deposits excepted.

Section 38a-682. (Formerly Sec. 38-201t). - Rate credit for driver training courses.

Section 38a-683. (Formerly Sec. 38-201u). - Premium discount for senior citizens completing an accident prevention course. Regulations.

Section 38a-684. (Formerly Sec. 38-201ee). - Rate credit for safe boat handling courses.

Section 38a-685. (Formerly Sec. 38-201hh). - Premium discount for motorcyclists completing novice or advanced training course.

Section 38a-686. (Formerly Sec. 38-201v). - Standards for the making and use of rates re personal risk insurance. Limitations on use of credit history and financial history measurement programs. Regulations.

Section 38a-687. (Formerly Sec. 38-201w). - Existence of competitive market re personal risk insurance. Determination of competition. Hearing.

Section 38a-688. (Formerly Sec. 38-201x). - Review of rates re personal risk insurance and residual markets in competitive or noncompetitive markets.

Section 38a-688a. - Rate filing re personal risk insurance. Powers of commissioner.

Section 38a-688b. - Declination, cancellation or nonrenewal of personal risk insurance policy based on credit history or rating prohibited.

Section 38a-688c. - Allowance of suit against insurer under personal risk policies, master policies and certain property policies. Time limitation.

Section 38a-689. (Formerly Sec. 38-201y). - Insurers issuing homeowners policies to file underwriting rules and regulations with commissioner. Approval procedure.

Section 38a-690. (Formerly Sec. 38-201z). - Commissioner to approve statistical plan for workers' compensation insurance.

Section 38a-691. (Formerly Sec. 38-201aa). - Commissioner to develop consumer information system for personal risk insurance needs.

Section 38a-692. (Formerly Sec. 38-201bb). - Rulings by commissioner exempting market.

Section 38a-693. (Formerly Sec. 38-201cc). - Regulations.

Section 38a-694. (Formerly Sec. 38-201dd). - Legislative finding. Deregulation.

Section 38a-695. (Formerly Sec. 38-201ff). - Effective dates for revised insurance rates and supplementary rate information.

Section 38a-696. (Formerly Sec. 38-201ii). - Annual report of commercial risk insurance writings and experience. Required financial data. Compilation by commissioner.

Section 38a-697. (Formerly Sec. 38-201gg). - Submittal to commissioner of data relating premiums charged to filed rates for certain insurance lines.