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
Chapter 704a - Insurance Guaranty Funds
Section 38a-837. (Formerly Sec. 38-274). - Application of chapter.
Section 38a-838. (Formerly Sec. 38-275). - Definitions.
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-846. (Formerly Sec. 38-283). - Detection and prevention of insurer insolvencies.
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-852. (Formerly Sec. 38-288a). - Prohibited unfair trade practice.
Section 38a-853. (Formerly Sec. 38-289). - Regulations.
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-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-885. - Penalty for false or untrue claim.
Section 38a-886. - Procedure. Application to the Superior Court.
Section 38a-887. - Payment from guaranty fund.