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General Assembly Substitute Bill No. 981
January Session, 2019
AN ACT CONCERNING SE LF-SERVICE STORAGE INSU RANCE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 38a-1 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
Terms used in this title and section 2 of this act, unless it appears 3
from the context to the contrary, shall have a scope and meaning as set 4
forth in this section. 5
(1) "Affiliate" or "affiliated" means a person that directly, or 6
indirectly through one or more intermediaries, controls, is controlled 7
by or is under common control with another person. 8
(2) "Alien insurer" means any insurer that has been chartered by or 9
organized or constituted within or under the laws of any jurisdiction 10
or country without the United States. 11
(3) "Annuities" means all agreements to make periodical payments 12
where the making or continuance of all or some of the series of the 13
payments, or the amount of the payment, is dependent upon the 14
continuance of human life or is for a specified term of years. This 15
definition does not apply to payments made under a policy of life 16
insurance. 17 Substitute Bill No. 981
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(4) "Commissioner" means the Insurance Commissioner. 18
(5) "Control", "controlled by" or "under common control with" 19
means the possession, direct or indirect, of the power to direct or cause 20
the direction of the management and policies of a person, whether 21
through the ownership of voting securities, by contract other than a 22
commercial contract for goods or nonmanagement services, o r 23
otherwise, unless the power is the result of an official position with the 24
person. 25
(6) "Domestic insurer" means any insurer that has been chartered 26
by, incorporated, organized or constituted within or under the laws of 27
this state. 28
(7) "Domestic surplus lines insurer" means any domestic insurer 29
that has been authorized by the commissioner to write surplus lines 30
insurance. 31
(8) "Foreign country" means any jurisdiction not in any state, district 32
or territory of the United States. 33
(9) "Foreign insurer" means any insurer that has been chartered by 34
or organized or constituted within or under the laws of another state 35
or a territory of the United States. 36
(10) "Insolvency" or "insolvent" means, for any insurer, that it is 37
unable to pay its obligations when they are due, or when its admitted 38
assets do not exceed its liabilities plus the greater of: (A) Capital and 39
surplus required by law for its organization and continued operation; 40
or (B) the total par or stated value of its authorized and issued capital 41
stock. For purposes of this subdivision "liabilities" shall include but not 42
be limited to reserves required by statute or by regulations adopted by 43
the commissioner in accordance with the provisions of chapter 54 or 44
specific requirements imposed by the commissioner upon a subject 45
company at the time of admission or subsequent thereto. 46
(11) "Insurance" means any agreement to pay a sum of money, 47 Substitute Bill No. 981
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provide services or any other thing of value on the happening of a 48
particular event or contingency or to provide indemnity for loss in 49
respect to a specified subject by specified perils in return for a 50
consideration. In any contract of insurance, an insured shall have an 51
interest which is subject to a risk of loss through destruction or 52
impairment of that interest, which risk is assumed by the insurer and 53
such assumption shall be part of a general scheme to distribute losses 54
among a large group of persons bearing similar risks in return for a 55
ratable contribution or other consideration. 56
(12) "Insurer" or "insurance company" includes any person or 57
combination of persons doing any kind or form of insurance business 58
other than a fraternal benefit society, and shall include a receiver of 59
any insurer when the context reasonably permits. 60
(13) "Insured" means a person to whom or for whose benefit an 61
insurer makes a promise in an insurance policy. The term includes 62
policyholders, subscribers, members and beneficiaries. This definition 63
applies only to the provisions of this title and does not define the 64
meaning of this word as used in insurance policies or certificates. 65
(14) "Life insurance" means insurance on human lives and 66
insurances pertaining to or connected with human life. The business of 67
life insurance includes granting endowment benefits, granting 68
additional benefits in the event of death by accident or accidental 69
means, granting additional benefits in the event of the total and 70
permanent disability of the insured, and providing optional methods 71
of settlement of proceeds. Life insurance includes burial contracts to 72
the extent provided by section 38a-464. 73
(15) "Mutual insurer" means any insurer without capital stock, the 74
managing directors or officers of which are elected by its members. 75
(16) "Person" means an individual, a corporation, a partnership, a 76
limited liability company, an association, a joint stock company, a 77
business trust, an unincorporated organization or other legal entity. 78 Substitute Bill No. 981
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(17) "Policy" means any document, including attached 79
endorsements and riders, purporting to be an enforceable contract, 80
which memorializes in writing some or all of the terms of an insurance 81
contract. 82
(18) "State" means any state, district, or territory of the United States. 83
(19) "Subsidiary" of a specified person means an affiliate controlled 84
by the person directly, or indirectly through one or more 85
intermediaries. 86
(20) "Unauthorized insurer" or "nonadmitted insurer" means an 87
insurer that has not been granted a certificate of authority by the 88
commissioner to transact the business of insurance in this state or an 89
insurer transacting business not authorized by a valid certificate. 90
(21) "United States" means the United States of America, its 91
territories and possessions, the Commonwealth of Puerto Rico and the 92
District of Columbia. 93
Sec. 2. (NEW) (Effective October 1, 2019) (a) For the purposes of this 94
section: 95
(1) "Insurance producer" or "producer" has the same meaning as 96
provided in section 38a-702a of the general statutes; 97
(2) "Location" means (A) a physical location in this state, or (B) an 98
Internet web site or call center site directed at residents of this state; 99
(3) "Occupant" means a person, or the assignee, successor or 100
sublessee of a person, entitled to use, to the exclusion of others, storage 101
space at a self-service storage facility under a rental agreement; 102
(4) "Owner" has the same meaning as provided in section 42-159 of 103
the general statutes; 104
(5) "Personal property" has the same meaning as provided in section 105
42-159 of the general statutes; 106 Substitute Bill No. 981
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(6) "Rental agreement" means a written agreement or lease that 107
establishes or modifies the terms, conditions, rules or any other 108
provisions concerning the use and occupancy of storage space at a self-109
service storage facility; 110
(7) "Self-service storage facility" means real property in this state 111
that is designed and used for the leasing or renting of storage space to 112
occupants who are to have access to such space only for storing and 113
removing personal property; 114
(8) "Self-service storage insurance" means property and casualty 115
insurance (A) insuring personal property stored at, or in transit to or 116
from, a self-service storage facility during the term of a rental 117
agreement, and (B) offered or sold in connection with, and incidental 118
to, a rental agreement; and 119
(9) "Supervising person" means an insurer licensed to transact 120
insurance business in this state and authorized to write personal or 121
commercial risk insurance business in this state, or an insurance 122
producer licensed in this state, appointed by an insurer to supervise 123
the owners who are offering or selling self-service storage insurance 124
coverage on behalf of the appointing insurer. 125
(b) (1) No owner shall offer or sell self-service storage insurance 126
coverage in this state without first obtaining a self-service storage 127
insurance license from the commissioner pursuant to this section. 128
Notwithstanding the provisions of this subdivision, each owner 129
offering or selling self-service storage insurance coverage in this state 130
prior to October 1, 2019, may continue to offer or sell such coverage 131
until the owner's initial application for a self-service storage insurance 132
license is approved or denied by the commissioner, provided such 133
owner files such application not later than ninety days after the date on 134
which the commissioner prescribes a form for such application. Each 135
self-service storage insurance license issued by the commissioner 136
pursuant to this section shall be in force until January thirty-first of the 137
next even-numbered year, unless such license is sooner revoked or 138 Substitute Bill No. 981
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suspended by the commissioner. 139
(2) An owner is not required to be licensed under this section solely 140
to display and make available to occupants and prospective occupants 141
brochures and other promotional materials created by or on behalf of 142
an insurer licensed to transact insurance business, and authorized to 143
write property and casualty insurance, in this state. 144
(3) An owner's self-service storage insurance license shall authorize 145
each employee and authorized representative of such owner to offer 146
and sell self-service storage insurance coverage at each location where 147
such owner conducts business. No such employee or authorized 148
representative shall be required to be licensed under chapter 701a of 149
the general statutes, provided: 150
(A) The owner obtains and maintains such self-service storage 151
insurance license; 152
(B) The insurer issuing such coverage, or the supervising person 153
appointed by such insurer, supervises such owner; and 154
(C) No such employee or authorized representative holds himself or 155
herself out as an insurance producer licensed in this state unless such 156
employee or authorized representative is an insurance producer 157
licensed in this state. 158
(4) (A) Each owner seeking to obtain a self-service storage insurance 159
license pursuant to this section shall submit to the commissioner, in a 160
form and manner prescribed by the commissioner, an initial 161
application. Such application shall be signed and sworn to by such 162
owner and include, at a minimum: 163
(i) (I) The name and residence address of, and any other information 164
that the commissioner, in the commissioner's discretion, may require 165
concerning, such owner or an employee or officer of such owner, or the 166
insurer or supervising person supervising such owner, who will serve 167
as the person responsible for such owner's compliance with this 168 Substitute Bill No. 981
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section; and 169
(II) If such owner is not an individual and derives more than fifty 170
per cent of such owner's revenue from the sale of self-service storage 171
insurance coverage, such owner shall include the name and residence 172
address of, and any other information that the commissioner, in the 173
commissioner's discretion, may require for, all shareholders of such 174
owner who are directly or indirectly the beneficial owner of ten per 175
cent or more of any class of security of such owner, and all of the 176
officers and directors of such owner; and 177
(ii) The address of such owner's home office. 178
(B) Each application submitted to the commissioner pursuant to 179
subparagraph (A) of this subdivision shall be accompanied by the fees 180
set forth in section 38a-11 of the general statutes, as amended by this 181
act. 182
(C) Each owner offering or selling self-service storage insurance 183
coverage in this state prior to October 1, 2019, shall file an initial 184
application with the commissioner pursuant to subparagraph (A) of 185
this subdivision not later than ninety days after the date that the 186
commissioner prescribes a form for such initial application. 187
(5) (A) Each owner seeking to renew a self-service storage insurance 188
license shall submit to the commissioner, in a form and manner 189
prescribed by the commissioner, an updated application. Such 190
application shall be signed and sworn to by such owner and include, at 191
a minimum: 192
(i) Any changes to such owner's initial application filed pursuant to 193
subparagraph (A) of subdivision (4) of this subsection; and 194
(ii) Any other information that the commissioner, in the 195
commissioner's discretion, may require. 196
(B) Each updated application submitted to the commissioner 197 Substitute Bill No. 981
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pursuant to subparagraph (A) of this subdivision shall be accompanied 198
by the applicable fee specified in section 38a-11 of the general statutes, 199
as amended by this act. 200
(C) Each renewal of a self-service storage insurance license granted 201
by the commissioner in response to an application filed pursuant to 202
subparagraph (A) of this subdivision shall be valid for two years. 203
(c) Each owner offering or selling self-service storage insurance 204
coverage shall make available, at each location where such owner is 205
offering or selling such coverage to occupants or prospective 206
occupants in this state, brochures or other written or electronic 207
materials containing, at a minimum, the following: 208
(1) A statement disclosing that self-service storage insurance 209
coverage may provide insurance coverage that is duplicative of 210
insurance coverage provided to occupants under their homeowners, 211
renter's or other insurance policies; 212
(2) A statement disclosing that occupants are not required to 213
purchase self-service storage insurance coverage from such owner to 214
lease storage space from such owner; 215
(3) The identity of the insurer issuing such self-service storage 216
insurance coverage; 217
(4) The identity of any supervising person appointed by the insurer 218
identified pursuant to subdivision (3) of this subsection; 219
(5) The amount of any deductible under such self-service storage 220
insurance coverage and a summary of how such deductible must be 221
paid; 222
(6) A summary of the benefits under such self-service storage 223
insurance coverage; 224
(7) The terms and conditions of such self-service storage insurance 225 Substitute Bill No. 981
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coverage, or a summary of the key terms and conditions of such 226
coverage; 227
(8) A summary of the process for filing a claim under such self-228
service storage insurance coverage; and 229
(9) A statement disclosing that an occupant covered under self-230
service storage insurance coverage may cancel such coverage at any 231
time, and that the person paying the premium for such coverage will 232
receive a refund of, or a credit for, any unearned premium under such 233
coverage. 234
(d) (1) If self-service storage insurance coverage is included at no 235
additional charge with a lease of storage space, the owner shall clearly 236
and conspicuously disclose, in writing, to the occupant or prospective 237
occupant that such insurance is included at no additional charge with 238
the lease of the storage space. 239
(2) An owner may bill and collect payments for self-service storage 240
insurance coverage, provided: 241
(A) Any payment that is not attributable to the cost of an occupant's 242
occupancy of self-service storage space is itemized separately on each 243
invoice that the owner issues to the occupant; and 244
(B) The owner remits such payment to the insurer issuing such self-245
service storage insurance coverage, or the supervising person 246
appointed by such insurer, not later than sixty days after such owner 247
receives such payment. 248
(3) An owner shall not be required to maintain payments collected 249
pursuant to subdivision (2) of this subsection in a segregated account if 250
the insurer that issued the self-service storage insurance coverage, or 251
the supervising person appointed by such insurer, authorizes the 252
owner to commingle such payments. All premium payments collected 253
by an owner pursuant to said subdivision shall be held by the owner in 254
a fiduciary capacity for the benefit of the insurer. 255 Substitute Bill No. 981
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(4) An owner may receive compensation for billing and collection 256
services. 257
(e) (1) Self-service storage insurance coverage shall not be offered or 258
sold in this state unless such insurance coverage is issued by an insurer 259
that is authorized to write such lines of business in this state. Such 260
insurance coverage may be issued as an individual, group, master, 261
corporate or commercial policy. An insurer authorized to issue self-262
service storage insurance coverage in this state shall file a copy of the 263
form for such coverage in accordance with subsection (c) of section 264
38a-676 of the general statutes. 265
(2) An insurer that issues self-service storage insurance coverage in 266
this state and does not directly supervise the owners offering or selling 267
such coverage to occupants in this state shall appoint a supervising 268
person, and shall provide the name and contact information of such 269
supervising person to the commissioner and such owners. 270
(3) Each supervising person shall maintain a registry containing the 271
locations used by each owner in this state to offer or sell self-service 272
storage insurance coverage issued by the insurer that appointed such 273
supervising person. Each supervising person shall, not later than ten 274
days after such supervising person receives a request from the 275
commissioner, make such registry available for inspection by the 276
commissioner or the commissioner's designee during such supervising 277
person's regular business hours. 278
(f) The Insurance Commissioner may: 279
(1) Refuse to issue or renew, for cause and after notice and a 280
hearing, a self-service storage insurance license pursuant to this 281
section. Any person aggrieved by the commissioner's refusal to issue 282
or renew a self-service storage insurance license may appeal therefrom 283
in accordance with the provisions of section 4-183 of the general 284
statutes, except venue for such appeal shall be in the judicial district of 285
New Britain; and 286 Substitute Bill No. 981
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(2) Suspend or revoke a self-service storage insurance license issued 287
pursuant to this section, and impose a fine in addition to or in lieu of 288
such suspension or revocation in accordance with section 38a-774 of 289
the general statutes. The commissioner may, either in addition to or in 290
lieu of such suspension or revocation, issue a cease and desist order 291
suspending the privilege of offering or selling self-service storage 292
insurance coverage at specific locations or by specific employees or 293
authorized representatives. 294
(g) Notwithstanding any provision of the general statutes, no owner 295
shall be required to undergo any examination, education or continuing 296
education as a condition to receiving or renewing a self-service storage 297
insurance license pursuant to this section. 298
(h) The commissioner may adopt regulations, in accordance with 299
chapter 54 of the general statutes, to implement the provisions of this 300
section. 301
Sec. 3. Subsection (a) of section 38a-11 of the general statutes is 302
repealed and the following is substituted in lieu thereof (Effective 303
October 1, 2019): 304
(a) The commissioner shall demand and receive the following fees: 305
(1) For the annual fee for each license issued to a domestic insurance 306
company, two hundred dollars; (2) for receiving and filing annual 307
reports of domestic insurance companies, fifty dollars; (3) for filing all 308
documents prerequisite to the issuance of a license to an insurance 309
company, two hundred twenty dollars, except that the fee for such 310
filings by any health care center, as defined in section 38a-175, shall be 311
one thousand three hundred fifty dollars; (4) for filing any additional 312
paper required by law, thirty dollars; (5) for each certificate of 313
valuation, organization, reciprocity or compliance, forty dollars; (6) for 314
each certified copy of a license to a company, forty dollars; (7) for each 315
certified copy of a report or certificate of condition of a company to be 316
filed in any other state, forty dollars; (8) for amending a certificate of 317
authority, two hundred dollars; (9) for each license issued to a rating 318 Substitute Bill No. 981
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organization, two hundred dollars. In addition, insurance companies 319
shall pay any fees imposed under section 12-211; (10) a filing fee of 320
fifty dollars for each initial application for a license made pursuant to 321
section 38a-769; (11) with respect to insurance agents' appointments: 322
(A) A filing fee of fifty dollars for each request for any agent 323
appointment, except that no filing fee shall be payable for a request for 324
agent appointment by an insurance company domiciled in a state or 325
foreign country which does not require any filing fee for a request for 326
agent appointment for a Connecticut insurance company; (B) a fee of 327
one hundred dollars for each appointment issued to an agent of a 328
domestic insurance company or for each appointment continued; and 329
(C) a fee of eighty dollars for each appointment issued to an agent of 330
any other insurance company or for each appointment continued, 331
except that (i) no fee shall be payable for an appointment issued to an 332
agent of an insurance company domiciled in a state or foreign country 333
which does not require any fee for an appointment issued to an agent 334
of a Connecticut insurance company, and (ii) the fee shall be twenty 335
dollars for each appointment issued or continued to an agent of an 336
insurance company domiciled in a state or foreign country with a 337
premium tax rate below Connecticut's premium tax rate; (12) with 338
respect to insurance producers: (A) An examination fee of fifteen 339
dollars for each examination taken, except when a testing service is 340
used, the testing service shall pay a fee of fifteen dollars to the 341
commissioner for each examination taken by an applicant; (B) a fee of 342
eighty dollars for each license issued; (C) a fee of eighty dollars per 343
year, or any portion thereof, for each license renewed; and (D) a fee of 344
eighty dollars for any license renewed under the transitional process 345
established in section 38a-784; (13) with respect to public adjusters: (A) 346
An examination fee of fifteen dollars for each examination taken, 347
except when a testing service is used, the testing service shall pay a fee 348
of fifteen dollars to the commissioner for each examination taken by an 349
applicant; and (B) a fee of two hundred fifty dollars for each license 350
issued or renewed; (14) with respect to casualty claims adjusters: (A) 351
An examination fee of twenty dollars for each examination taken, 352
except when a testing service is used, the testing service shall pay a fee 353 Substitute Bill No. 981
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of twenty dollars to the commissioner for each examination taken by 354
an applicant; (B) a fee of eighty dollars for each license issued or 355
renewed; and (C) the expense of any examination administered 356
outside the state shall be the responsibility of the entity making the 357
request and such entity shall pay to the commissioner two hundred 358
dollars for such examination and the actual traveling expenses of the 359
examination administrator to administer such examination; (15) with 360
respect to motor vehicle physical damage appraisers: (A) An 361
examination fee of eighty dollars for each examination taken, except 362
when a testing service is used, the testing service shall pay a fee of 363
eighty dollars to the commissioner for each examination taken by an 364
applicant; (B) a fee of eighty dollars for each license issued or renewed; 365
and (C) the expense of any examination administered outside the state 366
shall be the responsibility of the entity making the request and such 367
entity shall pay to the commissioner two hundred dollars for such 368
examination and the actual traveling expenses of the examination 369
administrator to administer such examination; (16) with respect to 370
certified insurance consultants: (A) An examination fee of twenty-six 371
dollars for each examination taken, except when a testing service is 372
used, the testing service shall pay a fee of twenty-six dollars to the 373
commissioner for each examination taken by an applicant; (B) a fee of 374
two hundred fifty dollars for each license issued; and (C) a fee of two 375
hundred fifty dollars for each license renewed; (17) with respect to 376
surplus lines brokers: (A) An examination fee of twenty dollars for 377
each examination taken, except when a testing service is used, the 378
testing service shall pay a fee of twenty dollars to the commissioner for 379
each examination taken by an applicant; and (B) a fee of six hundred 380
twenty-five dollars for each license issued or renewed; (18) with 381
respect to fraternal agents, a fee of eighty dollars for each license 382
issued or renewed; (19) a fee of twenty-six dollars for each license 383
certificate requested, whether or not a license has been issued; (20) 384
with respect to domestic and foreign benefit societies shall pay: (A) For 385
service of process, fifty dollars for each person or insurer to be served; 386
(B) for filing a certified copy of its charter or articles of association, 387
fifteen dollars; (C) for filing an annual statement or report, twenty 388 Substitute Bill No. 981
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dollars; and (D) for filing any additional paper required by law, fifteen 389
dollars; (21) with respect to foreign benefit societies: (A) For each 390
certificate of organization or compliance, fifteen dollars; (B) for each 391
certified copy of permit, fifteen dollars; and (C) for each copy of a 392
report or certificate of condition of a society to be filed in any other 393
state, fifteen dollars; (22) with respect to reinsurance intermediaries, a 394
fee of six hundred twenty-five dollars for each license issued or 395
renewed; (23) with respect to life settlement providers: (A) A filing fee 396
of twenty-six dollars for each initial application for a license made 397
pursuant to section 38a-465a; and (B) a fee of forty dollars for each 398
license issued or renewed; (24) with respect to life settlement brokers: 399
(A) A filing fee of twenty-six dollars for each initial application for a 400
license made pursuant to section 38a-465a; and (B) a fee of forty dollars 401
for each license issued or renewed; (25) with respect to preferred 402
provider networks, a fee of two thousand seven hundred fifty dollars 403
for each license issued or renewed; (26) with respect to rental 404
companies, as defined in section 38a-799, a fee of eighty dollars for 405
each permit issued or renewed; (27) with respect to medical discount 406
plan organizations licensed under section 38a-479rr, a fee of six 407
hundred twenty-five dollars for each license issued or renewed; (28) 408
with respect to pharmacy benefits managers, an application fee of one 409
hundred dollars for each registration issued or renewed; (29) with 410
respect to captive insurance companies, as defined in section 38a-91aa, 411
a fee of three hundred seventy-five dollars for each license issued or 412
renewed; (30) with respect to each duplicate license issued a fee of fifty 413
dollars for each license issued; (31) with respect to surety bail bond 414
agents, as defined in section 38a-660, (A) a filing fee of one hundred 415
fifty dollars for each initial application for a license, and (B) a fee of one 416
hundred dollars for each license issued or renewed; (32) with respect 417
to third-party administrators, as defined in section 38a-720, (A) a fee of 418
five hundred dollars for each license issued, and (B) a fee of four 419
hundred fifty dollars for each license renewed; (33) with respect to 420
portable electronics insurance licenses under section 38a-397, (A) a 421
filing fee of one hundred dollars for each initial application for a 422
license, (B) a fee of five hundred dollars for each license issued, and (C) 423 Substitute Bill No. 981
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a fee of four hundred fifty dollars for each license renewed; [and] (34) 424
with respect to limited lines travel insurance producer licenses under 425
section 38a-398, (A) a filing fee of one hundred dollars for each initial 426
application for a license, (B) a fee of six hundred fifty dollars for each 427
license issued, and (C) a fee of six hundred fifty dollars for each license 428
renewed; and (35) with respect to self-service storage insurance 429
licenses under section 2 of this act, (A) a filing fee of one hundred 430
dollars for each initial application for a license, (B) a fee of five 431
hundred dollars for each license issued, and (C) a fee of four hundred 432
fifty dollars for each license renewed. 433
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 38a-1
Sec. 2 October 1, 2019 New section
Sec. 3 October 1, 2019 38a-11(a)
Statement of Legislative Commissioners:
In Section 2, "supervising person" was substituted for "supervising
entity" for accuracy and consistency; in Section 2(a)(9), "appointing"
was added for clarity; Section 2(b)(1) was rewritten for clarity; in
Section 2(b)(4)(A)(i)(II), "an individual" was substituted for "a natural
person", and "coverage" was inserted, for consistency; in Section
2(b)(5)(B), "applicable fee specified" was substituted for "fees set forth"
for clarity; in Section 2(c)(9), (d)(1) and (d)(2)(B), "coverage" was added
for consistency; and in Section 2(f)(1), "issued" and "disapproval or"
were deleted, and "issue or" was added, for consistency.
INS Joint Favorable Subst.