Sec. 38a-645. (Formerly Sec. 38-249). Applicability.
Sec. 38a-646. (Formerly Sec. 38-250). Definitions.
Sec. 38a-647. (Formerly Sec. 38-251). Forms of insurance.
Sec. 38a-648. (Formerly Sec. 38-252). Allowable amount of insurance.
Sec. 38a-649. (Formerly Sec. 38-253). Term of insurance.
Sec. 38a-650. (Formerly 38-254). Policy or certificate requirements.
Sec. 38a-652. (Formerly Sec. 38-256). Filing of rates.
Sec. 38a-654. (Formerly Sec. 38-258). Processing of claims.
Sec. 38a-655. (Formerly Sec. 38-259). Option of debtor in furnishing insurance.
Sec. 38a-656. (Formerly Sec. 38-260). Regulations. Enforcement.
Sec. 38a-657. (Formerly Sec. 38-261). Appeals.
Sec. 38a-658. (Formerly Sec. 38-262). Penalty.
Sec. 38a-659. Reserved
Sec. 38a-645. (Formerly Sec. 38-249). Applicability. The provisions of sections 38a-645 to 38a-658, inclusive, shall apply to all life insurance and all accident and health insurance sold in connection with loans or other credit transactions except that sections 38a-647 to 38a-650, inclusive, shall not apply to insurance sold in connection with real estate first mortgage loans and except that sections 38a-645 to 38a-658, inclusive, shall not apply to insurance where the issuance of such insurance is an isolated transaction on the part of the insurer not related to an agreement or a plan for insuring debtors of the creditor; but said provisions shall not apply to insurance for which no charge is made to the debtor. The commissioner may grant exemptions from any or all of the provisions of sections 38a-645 to 38a-658, inclusive, where he determines such exemptions to be not contrary to the public interest.
(1959, P.A. 576, S. 1; 1967, P.A. 416; 1969, P.A. 242, S. 8.)
History: 1967 act substituted new exception for “except such insurance sold in connection with a loan or other credit transaction of more than five years' duration” and authorized commissioner to grant exemptions from chapter provisions where he determines exemptions would not be contrary to public interest; 1969 act deleted statement that chapter provisions shall not affect requirements of Sec. 36-234; Sec. 38-249 transferred to Sec. 38a-645 in 1991.
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Sec. 38a-646. (Formerly Sec. 38-250). Definitions. As used in sections 38a-645 to 38a-658, inclusive, except as otherwise provided herein:
(1) “Credit life insurance” means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction;
(2) “Credit accident and health insurance” means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy;
(3) “Creditor” means the lender of money or vendor or lessor of goods, services, property, rights or privileges for which payment is arranged through a credit transaction or any successor to the right, title or interest of any such lender, vendor or lessor, and an affiliate, associate or subsidiary of any of them or any director, officer or employee of any of them or any other person in any way associated with any of them;
(4) “Debtor” means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction;
(5) “Indebtedness” means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction; and
(6) “Loss ratio” means annual incurred claims divided by earned premiums.
(1959, P.A. 576, S. 2; P.A. 00-105, S. 4, 5; P.A. 21-137, S. 5.)
History: Sec. 38-250 transferred to Sec. 38a-646 in 1991; P.A. 00-105 substituted numeric Subdiv. designators for alphabetic designators, effective July 1, 2000; P.A. 21-137 added Subdiv. (6) defining “loss ratio”.
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Sec. 38a-647. (Formerly Sec. 38-251). Forms of insurance. Credit life insurance and credit accident and health insurance shall be issued only in the following forms: (a) Individual policies of life insurance issued to debtors on the term plan; (b) individual policies of accident and health insurance issued to debtors on a term plan or disability benefit provisions in individual policies of credit life insurance; (c) group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan; (d) group policies of accident and health insurance issued to creditors on a term plan insuring debtors or disability benefit provisions in group credit life insurance policies to provide such coverage.
(1959, P.A. 576, S. 3.)
History: Sec. 38-251 transferred to Sec. 38a-647 in 1991.
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Sec. 38a-648. (Formerly Sec. 38-252). Allowable amount of insurance. (a) The amount of credit life insurance shall not exceed the initial indebtedness. Where an indebtedness repayable in substantially equal installments is secured by an individual policy of credit life insurance, the amount of insurance shall at no time exceed the scheduled amount of indebtedness and, where secured by a group policy of credit life insurance, shall at no time exceed the amount of unpaid indebtedness.
(b) The amount of periodic indemnity payable by credit accident and health insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of indebtedness or shall not exceed the original indebtedness divided by the number of periodic installments.
(1959, P.A. 576, S. 4.)
History: Sec. 38-252 transferred to Sec. 38a-648 in 1991.
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Sec. 38a-649. (Formerly Sec. 38-253). Term of insurance. The term of any credit life insurance or credit accident and health insurance shall, subject to the acceptance of the insurer, commence on the date when the debtor becomes obligated to the creditor, except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. The term of such insurance shall not extend more than fifteen days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in section 38a-652.
(1959, P.A. 576, S. 5.)
History: Sec. 38-253 transferred to Sec. 38a-649 in 1991.
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Sec. 38a-650. (Formerly 38-254). Policy or certificate requirements. (a) All credit life insurance and credit accident and health insurance sold shall be evidenced by an individual policy or, in the case of group insurance, by a certificate of insurance, which individual policy or group certificate of insurance shall be delivered to the debtor.
(b) Each individual policy or group certificate of credit life insurance or credit accident and health insurance shall, in addition to other requirements of law, set forth the name and home-office address of the insurer, the name or names of the debtor, the premium or amount of payment, if any, by the debtor separately for credit life insurance and credit accident and health insurance, a description of the coverage including the amount and term thereof, and any exceptions, limitations or restrictions, and shall state that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate.
(c) Such individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred except as hereinafter provided.
(d) If such individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy signed by the debtor or a notice of proposed insurance, setting forth the name or names of the debtor, the premium rate or amount of payment by the debtor, if any, separately for credit life insurance and credit accident and health insurance, the amount, term and a brief description of the coverage provided, shall be delivered to the debtor at the time such indebtedness is incurred. The copy of the application for or notice of proposed insurance shall refer exclusively to insurance coverage and shall be separate and apart from the loan, sale or other credit statement of account, instrument or agreement, unless the information required by this subsection is prominently set forth therein. Upon acceptance of the insurance by the insurer and within fifteen days of the date upon which the indebtedness is incurred, the insurer shall deliver the individual policy or group certificate of insurance to the debtor. Such application or notice of proposed insurance shall state that, upon acceptance by the insurer, the insurance shall become effective as of the date the indebtedness is incurred.
(1959, P.A. 576, S. 6.)
History: Sec. 38-254 transferred to Sec. 38a-650 in 1991.
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Sec. 38a-651. (Formerly Sec. 38-255). Filing of policies, certificates, riders with commissioner. Disapproval. (a) All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered in this state shall be filed with the commissioner.
(b) The commissioner shall adopt regulations in accordance with the provisions of chapter 54, establishing a procedure for review of such policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders, and shall disapprove any such form at any time if:
(1) The schedule of premium rates charged or to be charged is, by reasonable assumptions and as determined according to benchmark loss ratio calculations, excessive in relation to the benefits provided; or
(2) Such form:
(A) Has a prima facie loss ratio of less than fifty per cent for any single or joint credit life insurance or credit accident and health insurance policy unless the commissioner approves a premium rate deviation for such policy; or
(B) Contains provisions which (i) are unjust, unfair, inequitable, misleading, deceptive, (ii) encourage misrepresentation of the coverage, or (iii) are contrary to any provision of the insurance laws or of any rule or regulation promulgated thereunder.
(c) If the commissioner issues an order disapproving the use of such form, such insurer shall not thereafter issue or use such form. In such notice, the commissioner shall specify the reason for his order of disapproval. The provisions of section 38a-19 shall apply to any such order issued by the commissioner.
(1959, P.A. 576, S. 7; P.A. 88-326, S. 8; P.A. 21-137, S. 6.)
History: P.A. 88-326 required the commissioner to adopt regulations establishing a procedure for review of policies and certificates, and rephrased existing provisions; Sec. 38-255 transferred to Sec. 38a-651 in 1991; P.A. 21-137 amended Subsec. (b) by redesignating existing provision re excessive premium rates as Subdiv. (1) and amended same by adding provision re benchmark loss ratio calculations, adding Subdiv. (2)(A) re prima facie loss ratios of less than 50 per cent and exception, and redesignating existing provisions re unjust, unfair, inequitable, misleading or deceptive provisions as Subdiv. (2)(B)(i), existing provision re provisions encouraging misrepresentation of coverage as Subdiv. (2)(B)(ii) and provisions contrary to insurance laws, rules or regulations as Subdiv. (2)(B)(iii) and making technical changes.
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Sec. 38a-652. (Formerly Sec. 38-256). Filing of rates. (a) Each insurer issuing credit life insurance or credit accident and health insurance shall file with the commissioner its schedules of premium rates for use in connection with such insurance. Any insurer may revise such schedules from time to time and shall file such revised schedules with the commissioner. No insurer shall issue any credit life insurance policy or credit accident and health insurance policy with a premium rate exceeding the schedules of such insurer then on file with the commissioner. The commissioner may require the filing of the schedule of premium rates for use in connection with and as a part of the specific policy filings as provided in section 38a-651.
(b) Each individual policy, group certificate or notice of proposed insurance shall provide that, in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund of an amount paid by the debtor on insurance shall be paid or credited promptly to the person entitled thereto; provided the commissioner shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing such refund shall be filed with and approved by the commissioner.
(c) If a creditor requires a debtor to make any payment for credit life insurance or credit accident and health insurance and an individual policy or group certificate of insurance is not issued, the creditor shall immediately give written notice to such debtor and shall apply such payment to the next succeeding payment or payments on the debt.
(d) The amount charged by the creditor to the debtor for any credit life or credit health and accident insurance shall not exceed the cost of such insurance computed at the premium rate filed with the commissioner to be effective at the time the charge to the debtor is determined for the coverage provided.
(e) Nothing in sections 38a-645 to 38a-658, inclusive, shall be construed to authorize any payments for insurance now prohibited under any statute or regulation governing credit transactions.
(1959, P.A. 576, S. 8.)
History: Sec. 38-256 transferred to Sec. 38a-652 in 1991.
Cited. 24 CA 455.
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Sec. 38a-653. (Formerly Sec. 38-257). Policies to be delivered or issued only by authorized insurers. All policies of credit life insurance and credit accident and health insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do insurance business therein, and shall be issued only through holders of licenses issued by the commissioner.
(1959, P.A. 576, S. 9.)
History: Sec. 38-257 transferred to Sec. 38a-653 in 1991.
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Sec. 38a-654. (Formerly Sec. 38-258). Processing of claims. (a) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as reasonably possible and in accordance with the terms of the insurance contract.
(b) All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of such claimant to any person specified.
(c) No plan or arrangement shall be used whereby any person, firm or corporation other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims; provided a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due the group policyholder subject to audit and review by the insurer.
(1959, P.A. 576, S. 10.)
History: Sec. 38-258 transferred to Sec. 38a-654 in 1991.
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Sec. 38a-655. (Formerly Sec. 38-259). Option of debtor in furnishing insurance. When credit life insurance or credit accident and health insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business within this state.
(1959, P.A. 576, S. 11.)
History: Sec. 38-259 transferred to Sec. 38a-655 in 1991.
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Sec. 38a-656. (Formerly Sec. 38-260). Regulations. Enforcement. The commissioner may issue such regulations as are necessary for the implementation of sections 38a-645 to 38a-658, inclusive. Whenever the commissioner finds that there has been a violation of said sections or of any regulations issued pursuant thereto, after written notice thereof and hearing given to the affected party or parties, the commissioner shall set forth the details of his findings together with an order for compliance by a specified date. Such order shall be binding on such party or parties on the date specified unless sooner withdrawn by the commissioner or unless a stay thereof has been ordered by a court of competent jurisdiction.
(1959, P.A. 576, S. 12.)
History: Sec. 38-260 transferred to Sec. 38a-656 in 1991.
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Sec. 38a-657. (Formerly Sec. 38-261). Appeals. Any party aggrieved by an order or decision of the commissioner may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
(1959, P.A. 576, S. 13; P.A. 77-603, S. 119, 125; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 99-215, S. 24, 29.)
History: P.A. 77-603 replaced previous detailed appeal provisions with statement requiring that appeals be made in accordance with Sec. 4-183, but retaining venue in Hartford county; P.A. 78-280 substituted “judicial district of Hartford-New Britain” for “Hartford county”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; Sec. 38-261 transferred to Sec. 38a-657 in 1991; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced “judicial district of Hartford” with “judicial district of New Britain”, effective June 29, 1999.
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Sec. 38a-658. (Formerly Sec. 38-262). Penalty. Any person, firm or corporation violating any provision of sections 38a-645 to 38a-658, inclusive, shall be fined not more than three thousand five hundred dollars or imprisoned not more than two years, or both. The commissioner may revoke or suspend the license or certificate of authority of the person guilty of such violation. Such order for suspension or revocation shall be after notice and hearing, and shall be subject to judicial review as provided in section 38a-657.
(1959, P.A. 576, S. 14; P.A. 08-178, S. 22; P.A. 13-258, S. 18.)
History: Sec. 38-262 transferred to Sec. 38a-658 in 1991; P.A. 08-178 increased maximum fine from $250 to $1,500 and made a technical change; P.A. 13-258 increased maximum fine from $1,500 to $3,500.
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Sec. 38a-659. Reserved for future use.
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