Connecticut General Statutes
Chapter 704a - Insurance Guaranty Funds
Section 38a-863. (Formerly Sec. 38-306). - Creation of association. Accounts. Supervision.

(a) There is created a nonprofit legal entity to be known as the Connecticut Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance or conduct health care center business in this state. The association shall perform its functions under the plan of operation established and approved under section 38a-867 and shall exercise its powers through a board of directors established under section 38a-864. For purposes of administration and assessment, the association shall maintain two accounts:

(1) The life insurance and annuity account which includes the following subaccounts:
(A) Life insurance account;
(B) Annuity account which shall include, but is not limited to, annuity contracts owned by a governmental retirement plan, or its trustee, established under Section 401, 403(b) or 457 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, but shall otherwise exclude unallocated annuities; and
(C) Unallocated annuity account which shall exclude contracts owned by a governmental retirement benefit plan, or its trustee, established under Section 401, 403(b) or 457 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended; and
(2) The health account.
(b) The association shall come under the immediate supervision of the commissioner and shall be subject to the applicable provisions of the insurance laws of this state.
(1972, P.A. 280, S. 6; P.A. 88-76, S. 7, 10; P.A. 01-67, S. 3; P.A. 18-13, S. 4.)
History: P.A. 88-76 amended Subsec. (a) restructuring the accounts to be maintained by the association by reducing their number from three to two, combining the life insurance account and the annuity account, and creating three subaccounts under such combined account; Sec. 38-306 transferred to Sec. 38a-863 in 1991; P.A. 01-67 amended Subsec. (a)(1)(B) and (C) to include in annuity accounts, and exclude from unallocated annuity accounts, those contracts owned by a governmental retirement plan or its trustee established under the internal revenue code; P.A. 18-13 amended Subsec. (a) by adding “or conduct health care center business”, replacing “health insurance account” with “health account” in Subdiv. (2), and making technical changes, effective July 1, 2018.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 38a - Insurance

Chapter 704a - Insurance Guaranty Funds

Section 38a-836. (Formerly Sec. 38-273). - Short title: Connecticut Insurance Guaranty Association Act.

Section 38a-837. (Formerly Sec. 38-274). - Application of chapter.

Section 38a-838. (Formerly Sec. 38-275). - Definitions.

Section 38a-839. (Formerly Sec. 38-276). - Connecticut Insurance Guaranty Association created. Membership. Function. Accounts.

Section 38a-840. (Formerly Sec. 38-277). - Board of directors. Selection. Reimbursement for expenses.

Section 38a-841. (Formerly Sec. 38-278). - Obligations and rights of association. Limitations. Assessments. Investigation of claims. Right to intervene in court proceedings.

Section 38a-842. (Formerly Sec. 38-279). - Plan of operation.

Section 38a-843. (Formerly Sec. 38-280). - Insolvent insurers. Penalty. Petition to show cause.

Section 38a-844. (Formerly Sec. 38-281). - Assignment of rights under policy. Receiver or liquidator bound by settlements. Preservation of rights of association. Right of recovery.

Section 38a-845. (Formerly Sec. 38-282). - Exhaustion of rights under policy prior to claim against association. Claims recoverable from more than one association. Persons required to exhaust rights under governmental insurance or guaranty program.

Section 38a-846. (Formerly Sec. 38-283). - Detection and prevention of insurer insolvencies.

Section 38a-847. (Formerly Sec. 38-284). - Association subject to examination and regulation by commissioner. Annual financial report.

Section 38a-848. (Formerly Sec. 38-285). - Exemption from fees and taxes. Exception.

Section 38a-849. (Formerly Sec. 38-286). - Rates and premiums to include recoupment of assessments.

Section 38a-850. (Formerly Sec. 38-287). - No liability for action taken in performance of powers and duties. No liability for failure to act.

Section 38a-851. (Formerly Sec. 38-288). - Association rights in proceedings to which insolvent insurer is party. Access to insolvent insurer's records.

Section 38a-852. (Formerly Sec. 38-288a). - Prohibited unfair trade practice.

Section 38a-853. (Formerly Sec. 38-289). - Regulations.

Section 38a-858. (Formerly Sec. 38-301). - Short title: Connecticut Life and Health Insurance Guaranty Association Act.

Section 38a-859. (Formerly Sec. 38-302). - Association of member insurers.

Section 38a-860. (Formerly Sec. 38-303). - Application of chapter. Obligations of association.

Section 38a-861. (Formerly Sec. 38-304). - Liberal construction.

Section 38a-862. (Formerly Sec. 38-305). - Definitions.

Section 38a-863. (Formerly Sec. 38-306). - Creation of association. Accounts. Supervision.

Section 38a-864. (Formerly Sec. 38-307). - Board of directors.

Section 38a-865. (Formerly Sec. 38-308). - Powers.

Section 38a-866. (Formerly Sec. 38-309). - Assessments.

Section 38a-867. (Formerly Sec. 38-310). - Plan of operation.

Section 38a-868. (Formerly Sec. 38-311). - Duties of commissioner.

Section 38a-869. (Formerly Sec. 38-312). - Action by board of directors. Examination of insurer.

Section 38a-870. (Formerly Sec. 38-313). - Special deputy to supervise liquidation, rehabilitation or conservation.

Section 38a-871. (Formerly Sec. 38-314). - Liability for unpaid assessments. Records. Use of assets of impaired insurer. Distributions.

Section 38a-872. (Formerly Sec. 38-315). - Examination and regulation of association. Reports.

Section 38a-873. (Formerly Sec. 38-316). - Exemption from fees and taxes.

Section 38a-874. (Formerly Sec. 38-317). - Immunity.

Section 38a-875. (Formerly Sec. 38-318). - Stay of proceedings in which impaired insurer a party.

Section 38a-880. - Brokered Transactions Guaranty Fund.

Section 38a-881. - Fee payable to fund.

Section 38a-882. - Level of guaranty fund. Credits to General Fund. Assessment of additional fee.

Section 38a-883. - Limitation of actions.

Section 38a-884. - Procedure.

Section 38a-885. - Penalty for false or untrue claim.

Section 38a-886. - Procedure. Application to the Superior Court.

Section 38a-887. - Payment from guaranty fund.

Section 38a-888. - Regulations.

Section 38a-889. - Department rulings: Appeal.