Connecticut General Statutes
Chapter 704a - Insurance Guaranty Funds
Section 38a-887. - Payment from guaranty fund.

When the commissioner has caused to be paid from the Brokered Transactions Guaranty Fund any sum to the aggrieved person, the department shall be subrogated to all of the rights of the aggrieved person up to the amount paid, and the aggrieved person shall assign all of his right, title and interest in the claim. By accepting payment from the guaranty fund the aggrieved person shall agree to cooperate with the department in any action it takes against the licensed insurance producer or unlicensed person acting as a producer engaged in the business of insurance. Any amount and interest recovered by the department shall be deposited to said guaranty fund.

(P.A. 89-106, S. 8; P.A. 93-236, S. 5; P.A. 96-193, S. 29, 36; P.A. 98-27, S. 4.)
History: P.A. 93-236 substituted “commissioner” for “department” and “aggrieved person” for “judgment creditor” and clarified the procedures in accepting payment from the guaranty fund; P.A. 96-193 substituted “producer” for “agent” and “broker”, effective June 3, 1996; P.A. 98-27 substituted “the Brokered Transactions Guaranty Fund” for “such guaranty fund” and substituted “said” for “such”.

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.