General Assembly Raised Bill No. 6476
January Session, 2013 LCO No. 3270
*03270_______INS*
Referred to Committee on INSURANCE AND REAL ESTATE
Introduced by:
(INS)
General Assembly
Raised Bill No. 6476
January Session, 2013
LCO No. 3270
*03270_______INS*
Referred to Committee on INSURANCE AND REAL ESTATE
Introduced by:
(INS)
AN ACT CONCERNING CERTIFICATES OF INSURANCE FOR PROPERTY AND CASUALTY INSURANCE COVERAGE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2013) (a) As used in this section, "certificate of insurance" means a document or instrument that is prepared or issued by an insurer or insurance producer as evidence of personal risk insurance or commercial risk insurance, as both terms are defined in section 38a-663 of the general statutes, that is issued on property, operations or risks located in this state. "Certificate of insurance" does not include an insurance policy, a binder, an endorsement or an automobile insurance identification or information card.
(b) (1) All certificates of insurance forms for personal or commercial risk insurance delivered or issued for delivery in this state shall be filed with the Insurance Commissioner. The commissioner shall establish a procedure for review of such forms and shall disapprove any such form at any time if it contains any provision that is unfair, misleading or deceptive or that is contrary to any provision of the insurance laws of this state or any rule or regulation promulgated thereunder. 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 the order of disapproval. The provisions of section 38a-19 of the general statutes shall apply to any such order issued by the commissioner.
(2) In lieu of filing such forms, an insurer or insurance producer may use standard certificate of insurance forms developed by an industry organization that has been approved by the commissioner. The commissioner shall approve at least two such organizations for such use. Any insurer or insurance producer using such forms shall certify to the commissioner that such insurer or insurance producer is using such forms and shall identify each specific form being used and the industry organization that developed such form. Any such insurer or insurance producer shall update such certification when such insurer or insurance producer changes its use of any such form.
(c) No person shall (1) alter or modify the format of a certificate of insurance form that has been filed with the commissioner or developed by an approved industry organization, (2) prepare, deliver or issue for delivery a certificate of insurance that contains false or misleading information about the coverage provided by the referenced insurance policy, (3) prepare the alteration or amendment of a certificate of insurance or deliver or issue for delivery a new certificate of insurance unless such alteration, amendment or new certificate accurately reflects the provisions of the referenced insurance policy, or (4) represent that (A) a certificate of insurance confers new or additional rights to any person beyond those provided for in the referenced insurance policy, (B) amending such certificate will alter, amend or extend the coverage provided by the referenced insurance policy, or (C) the inclusion of a contract number on a certificate of insurance warrants that the referenced insurance policy complies with the insurance or indemnification requirements in such referenced contract.
(d) No person shall request or require another person to perform any act that violates the provisions of subsection (c) of this section.
(e) The commissioner may conduct an investigation, pursuant to section 38a-16 of the general statutes, of any person the commissioner reasonably believes has been or is engaged in a violation of any provision of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
New section
Statement of Purpose:
To regulate certificates of insurance.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]