General Assembly Substitute Bill No. 6378
January Session, 2013 *_____HB06378INS___031513____*
General Assembly
Substitute Bill No. 6378
January Session, 2013
*_____HB06378INS___031513____*
AN ACT CONCERNING CHANGES TO PROPERTY AND CASUALTY INSURANCE STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 38a-313a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Prior to commencing any repair, remediation or mitigation pursuant to a loss occurring on or after [July 1, 2012] October 1, 2013, and covered under a personal risk insurance policy, as defined in section 38a-663, or a commercial risk policy, as defined in section 38a-663, the person who will perform the repair, remediation or mitigation shall provide an insured with a written notice that indicates the scope of the work to be completed and the estimated total price. Such notice shall not be required for (1) any repair of an automobile that is subject to this chapter, or (2) any repair that is subject to chapter 400.
(b) If the person performing the repair, remediation or mitigation fails to provide the written notice in accordance with subsection (a) of this section to an insured, any contract between such person and such insured for such repair, remediation or mitigation shall be void.
(c) For a loss occurring on or after October 1, 2013, and covered under a homeowners insurance policy, no insurer shall authorize a direct payment to a person performing such repair or remediation unless and until such insurer has confirmed with the insured that the written notice required under subsection (a) of this section has been provided to the insured.
[(c)] (d) As used in this section, "remediation" includes, but is not limited to, cleaning services.
Sec. 2. Subsection (a) of section 38a-316a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) (1) No insurer that delivers, issues for delivery, renews, amends or endorses a homeowners insurance policy in this state shall refuse to renew or issue such a policy solely on the basis that the insured or prospective insured has failed to install permanent storm shutters on his or her residential dwelling as a means of mitigating loss from hurricanes or other severe storms.
(2) No insurer that delivers, issues for delivery, renews, amends or endorses a homeowners insurance policy shall refuse to renew or issue such a policy on a residential dwelling located more than one thousand feet landward of the shoreline solely on the basis of the absence of windstorm mitigation items or systems, including, but not limited to, storm shutters or impact-resistant glass.
Sec. 3. Section 38a-724 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The use of an employment contract between a public adjuster and the insured shall be mandatory. Such contract shall contain a provision, prominently displayed on the first page of such contract in not less than twelve-point boldface type, specifying that the insured may cancel the contract, provided such insured notifies the public adjuster at such public adjuster's main office or branch office at the address shown in the contract, by certified mail, return receipt requested, posted not later than midnight of the [second] fourth calendar day after the day on which the insured signs the contract, except that if the signing is on a Friday, Saturday or Sunday, the cancellation shall be posted not later than midnight of the [Tuesday] Thursday immediately following, and thereafter the contract shall be void ab initio.
(b) No public adjuster shall solicit an insured between the hours of eight o'clock p.m. and eight o'clock a.m.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 38a-313a
Sec. 2 October 1, 2013 38a-316a(a)
Sec. 3 October 1, 2013 38a-724
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
38a-313a
Sec. 2
October 1, 2013
38a-316a(a)
Sec. 3
October 1, 2013
38a-724
INS Joint Favorable Subst.
INS
Joint Favorable Subst.