§ 38a-316a — Failure to install or have on premises storm shutters prohibited as sole basis for refusal to renew or issue homeowners insurance policy. Imposition of hurricane deductibles.

(a) No insurer that delivers, issues for delivery, renews, amends or endorses a homeowners insurance policy in this state on or after October 1, 2014, shall refuse to renew or issue such a policy solely on the basis that the insured or prospective insured has failed to install storm shutters on, or failed to have storm shutters on the premises of, his or her residential dwelling as a means of mitigating loss from hurricanes or other severe storms. (b) (1) For a (A) personal risk insurance policy, as defined in section 38a-663 , other than a private passenger nonfleet automobile insurance policy, (B) condominium association master policy under section 47-83 , or (C) unit owners' association property insurance policy under section 47-255 , issued or renewed on or after October 1, 2012, an insurer may impose a hurricane deductible in such policy in lieu of an overall policy deductible during the period commencing with the issuance of a hurricane warning by the National Hurricane Center of the National Weather Service in any part of the state if such hurricane results in a maximum sustained surface wind of seventy-four miles per hour or more for any part of this state. (2) Such imposition shall be applied during the period (A) commencing not earlier than the National Weather Service National Hurricane Center's issuance of a hurricane warning for any part of this state, and (B) ending twenty-four hours after said National Hurricane Center's termination of the last hurricane warning for any part of this state or twenty-four hours after said National Hurricane Center's last downgrade of the hurricane from hurricane status for any part of this state, whichever is earlier. (3) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of subdivision (1) of this subsection and the most current guidelines and bulletins issued by the Insurance Department and in effect that pertain to hurricane deductibles.

Legislative History

(P.A. 07-77, S. 1; June Sp. Sess. P.A. 07-4, S. 26; P.A. 12-162, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 95; P.A. 14-175, S. 1.) History: P.A. 07-77 effective January 1, 2008; June Sp. Sess. P.A. 07-4 changed effective date from January 1, 2008, to July 1, 2007; P.A. 12-162 designated existing provisions as Subsec. (a) and added Subsec. (b) re hurricane deductibles; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (b)(1) to substitute “October 1, 2012” for “July 1, 2012”; P.A. 14-175 amended Subsec. (a) to add “on or after October 1, 2014,” delete “permanent” re storm shutters, and add provision re failure to have storm shutters on premises as prohibited sole basis for refusal to renew or issue homeowners insurance policy.