Connecticut General Statutes
Chapter 701 - Personal and Commercial Risk Insurance Rating Practices
Section 38a-688a. - Rate filing re personal risk insurance. Powers of commissioner.

(a) Notwithstanding the requirements of sections 38a-389 and 38a-688 with respect to personal risk insurance with the exception of residual market rates, and on and after July 1, 2006, and until July 1, 2025, an insurer may file a rate with the Insurance Commissioner pursuant to this section and such rate shall take effect the date it is filed provided the rate provides for an overall state-wide rate increase or decrease of not more than six per cent in the aggregate and not more than a fifteen per cent increase in any individual territory for all coverages that are subject to the filing. Such percentage limits shall not apply on an individual insured basis. Not more than one filing may be made by an insurer pursuant to this section within any twelve-month period unless the filing, when combined with one or more filings made by the insurer within the preceding twelve months, does not result in an overall state-wide increase or decrease of more than six per cent in the aggregate and not more than a fifteen per cent increase in any individual territory for all coverages that are subject to the filing.

(b) A filing that does not meet the criteria set forth in subsection (a) of this section shall be subject to sections 38a-389 and 38a-688 unless the filing is otherwise exempt from said sections.
(c) A filing submitted pursuant to subsection (a) of this section shall be deemed to comply with the requirements of this chapter, except that the commissioner shall have the authority to determine whether the filing is inadequate or unfairly discriminatory. In the event the commissioner determines that the filing is inadequate or unfairly discriminatory, the commissioner shall issue a written order specifying in detail the reasons why the filing is inadequate or unfairly discriminatory. The order shall indicate a future date on which the filing shall no longer be effective. An order by the commissioner pursuant to this subsection that is issued more than thirty days after the date the rate is filed with the commissioner shall be prospective only and shall not affect any contract issued or made before the effective date of the order.
(d) No rate increase that meets the criteria set forth in subsection (a) of this section may be implemented with respect to an individual policy in effect on the date of the filing unless the increase is applicable no earlier than the date of policy renewal and the insurer provides notice of the increase to the insured pursuant to section 38a-323.
(P.A. 06-104, S. 2; P.A. 09-217, S. 1; P.A. 11-253, S. 1; P.A. 13-167, S. 1; P.A. 14-235, S. 32; P.A. 15-185, S. 1; P.A. 17-121, S. 1; June Sp. Sess. P.A. 21-2, S. 311.)
History: P.A. 06-104 effective July 1, 2006; P.A. 09-217 amended Subsec. (a) to extend filing date from July 1, 2009, to July 1, 2011, effective July 8, 2009; P.A. 11-253 amended Subsec. (a) to extend filing date to July 1, 2013, effective July 13, 2011; P.A. 13-167 amended Subsec. (a) to extend filing date to July 1, 2015, to add limit of not more than 15 per cent increase in any individual territory, and to make a conforming change, effective June 21, 2013; P.A. 14-235 made a technical change in Subsec. (a); P.A. 15-185 amended Subsec. (a) to extend filing date to July 1, 2017, effective June 30, 2015; P.A. 17-121 amended Subsec. (a) to replace “July 1, 2017” with “July 1, 2021”, effective June 30, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (a) to replace “July 1, 2021” with “July 1, 2025”, effective June 30, 2021.

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.