Connecticut 2013 Regular Session

Connecticut Senate Bill SB01030 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		General Assembly Raised Bill No. 1030
2	2		January Session, 2013 LCO No. 3667
3		-	_____~~SB01030FIN~~___~~050713~~____
	3	+	_____SB01030INS___031513____
4	4		Referred to Committee on INSURANCE AND REAL ESTATE
5	5		Introduced by:
6	6		(INS)
7	7
8	8		General Assembly
9	9
10	10		Raised Bill No. 1030
11	11
12	12		January Session, 2013
13	13
14	14		LCO No. 3667
15	15
16		-	_____~~SB01030FIN~~___~~050713~~____
	16	+	_____SB01030INS___031513____
17	17
18	18		Referred to Committee on INSURANCE AND REAL ESTATE
19	19
20	20		Introduced by:
21	21
22	22		(INS)
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24	24		AN ACT CONCERNING SERVICE OF PROCESS ON THE INSURANCE COMMISSIONER.
25	25
26	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28		Section 1. Section 38a-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
29	29
30	30		(a) The Insurance Commissioner is the agent for receipt of service of legal process on the following:
31	31
32	32		(1) [Foreign] In accordance with subdivision (2) of subsection (b) of this section, foreign and alien insurance companies authorized to do business in this state in any proceeding arising from or related to any transaction having a connection with this state.
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34	34		(2) Fraternal benefit societies authorized to do business in this state.
35	35
36	36		(3) Insurance-support organizations as defined in section 38a-976, transacting business outside this state which affects a resident of this state.
37	37
38	38		(4) Risk retention groups, as defined in section 38a-250.
39	39
40	40		(5) Purchasing groups designating the Insurance Commissioner as agent for receipt of service of process pursuant to section 38a-261.
41	41
42	42		(6) Eligible surplus lines insurers authorized by the commissioner to accept surplus lines insurance.
43	43
44	44		(7) Except as provided by section 38a-273, unauthorized insurers or other persons assisting unauthorized insurers who directly or indirectly do any of the acts of insurance business as set forth in subsection (a) of section 38a-271.
45	45
46	46		(8) The Connecticut Insurance Guaranty Association and the Connecticut Life and Health Insurance Guaranty Association.
47	47
48	48		(9) Insurance companies designating the Insurance Commissioner as agent for receipt of service of process pursuant to subsection (h) of section 38a-85.
49	49
50	50		(10) Nonresident insurance producers and nonresident surplus lines brokers licensed by the Insurance Commissioner.
51	51
52	52		(11) Life settlement providers and life settlement brokers licensed by the commissioner.
53	53
54	54		(12) Nonresident reinsurance intermediaries designating the commissioner as agent for receipt of service of process pursuant to section 38a-760b.
55	55
56	56		(13) Workers' compensation self-insurance groups, as defined in section 38a-1001.
57	57
58	58		(14) Persons alleged to have violated any provision of section 38a-130.
59	59
60	60		(15) (A) Captive insurers, as defined in section 38a-91k, and (B) captive insurance companies, as defined in section 38a-91aa, if a registered agent cannot be found with reasonable diligence at the registered office of a captive insurance company.
61	61
62	62		(b) (1) Each foreign and alien insurance company authorized to do business in this state shall appoint a person in this state as agent for receipt of service of legal process in any proceeding arising from or related to any transaction having a connection with this state.
63	63
64	64		(2) If (A) such company fails to appoint or maintain an agent pursuant to subdivision (1) of this subsection, (B) the agent appointed pursuant to subdivision (1) of this subsection cannot, with reasonable diligence, be found, or (C) such company's certificate of authority is revoked, the Insurance Commissioner is the agent for receipt of service of legal process for such company.
65	65
66	66		[(b)] (c) Each foreign and alien insurer by applying for and receiving a license to do insurance business in this state, each fraternal benefit society by applying for and receiving a certificate to solicit members and do business, each surplus lines insurer declared to be an eligible surplus lines insurer by the commissioner, each insurance-support organization transacting business outside this state that affects a resident of this state, and each unauthorized insurer by doing an act of insurance business prohibited by section 38a-272, shall be considered to have irrevocably appointed the Insurance Commissioner as agent for receipt of service of process in accordance with subsection (a) of this section. Such appointment shall continue in force so long as any certificate of membership, policy or liability remains outstanding in this state.
67	67
68	68		[(c)] (d) The commissioner shall be the agent for the executors, administrators or personal representatives, receivers, trustees or other successors in interest of the persons specified under subsection (a) of this section.
69	69
70	70		[(d)] (e) Any legal process that is served on the commissioner pursuant to this section shall be of the same legal force and validity as if served on the principal.
71	71
72	72		[(e)] (f) The right to effect service of process as provided under this section shall not limit the right to serve legal process in any other manner provided by law.
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77	77		This act shall take effect as follows and shall amend the following sections:
78	78		Section 1 October 1, 2013 38a-25
79	79
80	80		This act shall take effect as follows and shall amend the following sections:
81	81
82	82		Section 1
83	83
84	84		October 1, 2013
85	85
86	86		38a-25
87	87
88	88
89	89
90	90		INS Joint Favorable
91		-	FIN Joint Favorable
92	91
93	92		INS
94		-
95		-	Joint Favorable
96		-
97		-	FIN
98	93
99	94		Joint Favorable