§ 38a-341 — (Formerly Sec. 38-175f). Cancellation of motor vehicle liability policy: Definitions.

Connecticut § 38a-341

• Jurisdiction: Connecticut
• Title 38a: Insurance
• Ch. 700: Property and Casualty Insurance

Text

As used in sections 38a-341 to 38a-346, inclusive: (1) “Policy” means an automobile liability insurance policy providing among other coverage bodily injury liability, delivered or issued for delivery in this state, insuring a single individual or spouses resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only: (A) A motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers, nor rented to others, or (B) any other four-wheel motor vehicle with a load capacity of fifteen hundred pounds or less that is not used in the occupation, profession or business of the insured, provided said sections shall not apply to (i) any policy insuring more than four automobiles, (ii) any policy covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards, or (iii) any policy of insurance issued principally to cover personal or premises liability of an insured even though the insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of the insured or on the ways immediately adjoining the premises; (2) “Renewal” or “to renew” means the issuance and delivery by an insurer of a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of the policy beyond its policy period or term. Any policy with a policy period or term of less than six months shall, for the purpose of sections 38a-341 to 38a-346 , inclusive, be considered as if written for a policy period or term of six months and any policy written for a term longer than one year or any policy with no fixed expiration date, shall for the purpose of said sections, be considered as if written for successive policy periods or terms of one year. Such a policy may be terminated at the expiration of any annual period upon giving thirty days' notice of cancellation prior to the anniversary date, and such cancellation shall not be subject to any other provisions of said sections; (3) “Nonpayment of premium” means failure of the named insured to discharge when due any of such insured's obligations in connection with the payment of premiums on the policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit. Nonpayment of premium includes, but is not limited to, the dishonor of any check, draft or other remittance upon presentment for payment; (4) “Declination” means: (A) With respect to a producer, denial in whole or in part of an applicant's written request for coverage; failure to submit within a reasonable period of time a completed written application for coverage to a specific insurer that the producer represents or with which the producer has an account and that is requested in writing by the applicant; placement of a risk with a residual market, an unauthorized insurer, or an insurer that specializes in substandard risks; or refusal to provide, upon written request, an application for coverage; (B) with respect to an insurer that conducts its business through independent licensed insurance producers, refusal to issue a policy after receipt of a completed written application for coverage from a producer who represents it or from a producer with whom it has an account; or (C) with respect to an insurer other than one specified in subparagraph (B) of this subdivision, refusal to issue a policy after receipt of a completed written application, or refusal to provide, upon written request, an application for coverage.

Legislative History

(1969, P.A. 809, S. 1; P.A. 77-199, S. 3, 12; P.A. 82-353, S. 15; P.A. 83-186, S. 1; P.A. 90-243, S. 128; P.A. 96-193, S. 11, 36; P.A. 98-80, S. 1; P.A. 14-235, S. 49; P.A. 17-15, S. 26.) History: P.A. 77-199 required 30, rather than 20, days' notice of cancellation; P.A. 82-353 added a definition for “declination”; P.A. 83-186 removed policies issued under an automobile assigned risk plan from the definition of “policy” as defined for the purposes of Secs. 38-175f to 38-175 l , inclusive; P.A. 90-243 made technical changes for statutory consistency; Sec. 38-175f transferred to Sec. 38a-341 in 1991; P.A. 96-193 amended definition of “declination” to substitute “producer” for “agent” and “broker”, effective June 3, 1996; P.A. 98-80 redefined “nonpayment of premium” in Subdiv. (3) to include the dishonor of any check, draft or other remittance upon presentment for payment; P.A. 14-235 made a technical change in Subdiv. (1); P.A. 17-15 made technical changes. Annotations to former section 38-175f: Cited. 160 C. 280. Regulations under statute make “other insurance” clauses in conflict with the regulations. 161 C. 169. Cited. 203 C. 45. Cited. 1 CA 409. Annotations to present section: Cited. 234 C. 182; 240 C. 86. Cited. 25 CA 492; judgment reversed, see 222 C. 744; 42 CA 177. Subdiv. (2) did not require insurer to issue cancellation notice in accordance with Sec. 38a-343 before terminating plaintiff's policy. 52 CA 497.