§ 38a-1 — (Formerly Sec. 38-1). Definitions.

Connecticut § 38a-1

• Jurisdiction: Connecticut
• Title 38a: Insurance
• Ch. 697: General Provisions

Text

Terms used in this title, unless it appears from the context to the contrary, shall have a scope and meaning as set forth in this section. (1) “Affiliate” or “affiliated” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. (2) “Alien insurer” means any insurer that has been chartered by or organized or constituted within or under the laws of any jurisdiction or country without the United States. (3) “Annuities” means all agreements to make periodical payments where the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life or is for a specified term of years. This definition does not apply to payments made under a policy of life insurance. (4) “Commissioner” means the Insurance Commissioner. (5) “Control”, “controlled by” or “under common control with” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with the person. (6) “Domestic insurer” means any insurer that has been chartered by, incorporated, organized or constituted within or under the laws of this state. (7) “Domestic surplus lines insurer” means any domestic insurer that has been authorized by the commissioner to write surplus lines insurance. (8) “Foreign country” means any jurisdiction not in any state, district or territory of the United States. (9) “Foreign insurer” means any insurer that has been chartered by or organized or constituted within or under the laws of another state or a territory of the United States. (10) “Insolvency” or “insolvent” means, for any insurer, that it is unable to pay its obligations when they are due, or when its admitted assets do not exceed its liabilities plus the greater of: (A) Capital and surplus required by law for its organization and continued operation; or (B) the total par or stated value of its authorized and issued capital stock. For purposes of this subdivision “liabilities” shall include but not be limited to reserves required by statute or by regulations adopted by the commissioner in accordance with the provisions of chapter 54 or specific requirements imposed by the commissioner upon a subject company at the time of admission or subsequent thereto. (11) “Insurance” means any agreement to pay a sum of money, provide services or any other thing of value on the happening of a particular event or contingency or to provide indemnity for loss in respect to a specified subject by specified perils in return for a consideration. In any contract of insurance, an insured shall have an interest which is subject to a risk of loss through destruction or impairment of that interest, which risk is assumed by the insurer and such assumption shall be part of a general scheme to distribute losses among a large group of persons bearing similar risks in return for a ratable contribution or other consideration. (12) “Insurer” or “insurance company” includes any person or combination of persons doing any kind or form of insurance business other than a fraternal benefit society, and shall include a receiver of any insurer when the context reasonably permits. (13) “Insured” means a person to whom or for whose benefit an insurer makes a promise in an insurance policy. The term includes policyholders, subscribers, members and beneficiaries. This definition applies only to the provisions of this title and does not define the meaning of this word as used in insurance policies or certificates. (14) “Life insurance” means insurance on human lives and insurances pertaining to or connected with human life. The business of life insurance includes granting endowment benefits, granting additional benefits in the event of death by accident or accidental means, granting additional benefits in the event of the total and permanent disability of the insured, and providing optional methods of settlement of proceeds. Life insurance includes burial contracts to the extent provided by section 38a-464 . (15) “Mutual insurer” means any insurer without capital stock, the managing directors or officers of which are elected by its members. (16) “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a business trust, an unincorporated organization or other legal entity. (17) “Policy” means any document, including attached endorsements and riders, purporting to be an enforceable contract, which memorializes in writing some or all of the terms of an insurance contract. (18) “State” means any state, district, or territory of the United States. (19) “Subsidiary” of a specified person means an affiliate controlled by the person directly, or indirectly through one or more intermediaries. (20) “Unauthorized insurer” or “nonadmitted insurer” means an insurer that has not been granted a certificate of authority by the commissioner to transact the business of insurance in this state or an insurer transacting business not authorized by a valid certificate. (21) “United States” means the United States of America, its territories and possessions, the Commonwealth of Puerto Rico and the District of Columbia.

Legislative History

(1949 Rev., S. 6024; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 266, 345, 348; P.A. 81-111, S. 5; P.A. 90-243, S. 1; P.A. 95-79, S. 138, 189; P.A. 98-98, S. 1; 98-214, S. 28; P.A. 03-199, S. 1; P.A. 17-125, S. 2; P.A. 21-14, S. 1; 21-96, S. 1; 21-137, S. 1; 21-150, S. 1; 21-156, S. 1; 21-187, S. 1.) History: P.A. 77-614 made insurance department a division within the department of business regulation, retaining insurance commissioner as its head, effective January 1, 1979; P.A. 80-482 restored insurance commissioner and division to prior independent status and abolished the department of business regulation; P.A. 81-111 redefined “domestic insurance company” to include “incorporated” companies; P.A. 90-243 replaced previously existing provisions with new Subdivs. (1) to (19), inclusive, defining “affiliate”, “affiliated”, “annuities”, “commissioner”, “control”, “domestic insurer”, “foreign country”, “foreign insurer”, “insolvency”, “insolvent”, “insurance”, “insurer”, “insurance company”, “alien insurer”, “domestic insurer”, “foreign insurer”, “mutual insurer”, “unauthorized insurer”, “nonadmitted insurer”, “insured”, “life insurance”, “person”, “policy”, “state”, “subsidiary” and “United States”; Sec. 38-1 transferred to Sec. 38a-1 in 1991; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 98-98 and 98-214 both amended Subpara. (9)(A) to include capital and surplus required by law for continued operation, and P.A. 98-98 also amended Subpara. (9)(B) to require that regulations be adopted in accordance with chapter 54; P.A. 03-199 amended Subdiv. (11) re definition of “insurer” or “insurance company” to substitute “any person or combination of persons” for “any corporation, association, partnership or combination of persons”; P.A. 17-125 added new Subdiv. (7) defining “domestic surplus lines insurer”, redesignated existing provisions in Subdivs. (7) to (19) as Subdivs. (8) to (21), effective July 1, 2017; P.A. 21-14 added references to Secs. 38a-477ff, 38a-478w and 38a-477gg in introductory language, effective January 1, 2022; P.A. 21-96 added reference to Sec. 38a-477jj in introductory language, effective January 1, 2022; P.A. 21-137 added references to Secs. 38a-833 and 38a-316g in introductory language; P.A. 21-150 added reference to Sec. 38a-475a in introductory language, effective January 1, 2022; P.A. 21-156 added reference to Sec. 38a-834 in introductory language, effective January 1, 2022; P.A. 21-187 added reference to Sec. 38a-472 l in introductory language, effective January 1, 2022; (Revisor's note: References to Secs. 38a-316g, 38a-472 l , 38a-475a, 38a-477ff, 38a-477gg, 38a-477jj, 38a-478w, 38a-833 and 38a-834 in the introductory language were deleted for clarity because all sections are included in “this title”). “Insurance” does not include self-insurance for purposes of the guaranty act; “insurer” does not include self-insuring employer. 247 C. 442.