Connecticut 2019 Regular Session

Connecticut Senate Bill SB00981 Compare Versions

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7-General Assembly Substitute Bill No. 981
5+General Assembly Raised Bill No. 981
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10+Referred to Committee on INSURANCE AND REAL ESTATE
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12+
13+Introduced by:
14+(INS)
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1316
1417 AN ACT CONCERNING SE LF-SERVICE STORAGE INSURANCE.
1518 Be it enacted by the Senate and House of Representatives in General
1619 Assembly convened:
1720
1821 Section 1. Section 38a-1 of the general statutes is repealed and the 1
1922 following is substituted in lieu thereof (Effective October 1, 2019): 2
2023 Terms used in this title and section 2 of this act, unless it appears 3
2124 from the context to the contrary, shall have a scope and meaning as set 4
2225 forth in this section. 5
2326 (1) "Affiliate" or "affiliated" means a person that directly, or 6
2427 indirectly through one or more intermediaries, controls, is controlled 7
2528 by or is under common control with another person. 8
2629 (2) "Alien insurer" means any insurer that has been chartered by or 9
2730 organized or constituted within or under the laws of any jurisdiction 10
2831 or country without the United States. 11
2932 (3) "Annuities" means all agreements to make periodical payments 12
3033 where the making or continuance of all or some of the series of the 13
3134 payments, or the amount of the payment, is dependent upon the 14
32-continuance of human life or is for a specified term of years. This 15
33-definition does not apply to payments made under a policy of life 16
34-insurance. 17 Substitute Bill No. 981
35+continuance of human life or is for a specified term of years. This 15 Raised Bill No. 981
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41+definition does not apply to payments made under a policy of life 16
42+insurance. 17
4143 (4) "Commissioner" means the Insurance Commissioner. 18
4244 (5) "Control", "controlled by" or "under common control with" 19
4345 means the possession, direct or indirect, of the power to direct or cause 20
4446 the direction of the management and policies of a person, whether 21
4547 through the ownership of voting securities, by contract other than a 22
4648 commercial contract for goods or nonmanagement services, or 23
4749 otherwise, unless the power is the result of an official position with the 24
4850 person. 25
4951 (6) "Domestic insurer" means any insurer that has been chartered 26
5052 by, incorporated, organized or constituted within or under the laws of 27
5153 this state. 28
5254 (7) "Domestic surplus lines insurer" means any domestic insurer 29
5355 that has been authorized by the commissioner to write surplus lines 30
5456 insurance. 31
5557 (8) "Foreign country" means any jurisdiction not in any state, district 32
5658 or territory of the United States. 33
5759 (9) "Foreign insurer" means any insurer that has been chartered by 34
5860 or organized or constituted within or under the laws of another state 35
5961 or a territory of the United States. 36
6062 (10) "Insolvency" or "insolvent" means, for any insurer, that it is 37
6163 unable to pay its obligations when they are due, or when its admitted 38
6264 assets do not exceed its liabilities plus the greater of: (A) Capital and 39
6365 surplus required by law for its organization and continued operation; 40
6466 or (B) the total par or stated value of its authorized and issued capital 41
6567 stock. For purposes of this subdivision "liabilities" shall include but not 42
6668 be limited to reserves required by statute or by regulations adopted by 43
6769 the commissioner in accordance with the provisions of chapter 54 or 44
68-specific requirements imposed by the commissioner upon a subject 45
69-company at the time of admission or subsequent thereto. 46
70-(11) "Insurance" means any agreement to pay a sum of money, 47 Substitute Bill No. 981
70+specific requirements imposed by the commissioner upon a subject 45 Raised Bill No. 981
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76+company at the time of admission or subsequent thereto. 46
77+(11) "Insurance" means any agreement to pay a sum of money, 47
7778 provide services or any other thing of value on the happening of a 48
7879 particular event or contingency or to provide indemnity for loss in 49
7980 respect to a specified subject by specified perils in return for a 50
8081 consideration. In any contract of insurance, an insured shall have an 51
8182 interest which is subject to a risk of loss through destruction or 52
8283 impairment of that interest, which risk is assumed by the insurer and 53
8384 such assumption shall be part of a general scheme to distribute losses 54
8485 among a large group of persons bearing similar risks in return for a 55
8586 ratable contribution or other consideration. 56
8687 (12) "Insurer" or "insurance company" includes any person or 57
8788 combination of persons doing any kind or form of insurance business 58
8889 other than a fraternal benefit society, and shall include a receiver of 59
8990 any insurer when the context reasonably permits. 60
9091 (13) "Insured" means a person to whom or for whose benefit an 61
9192 insurer makes a promise in an insurance policy. The term includes 62
9293 policyholders, subscribers, members and beneficiaries. This definition 63
9394 applies only to the provisions of this title and does not define the 64
9495 meaning of this word as used in insurance policies or certificates. 65
9596 (14) "Life insurance" means insurance on human lives and 66
9697 insurances pertaining to or connected with human life. The business of 67
9798 life insurance includes granting endowment benefits, granting 68
9899 additional benefits in the event of death by accident or accidental 69
99100 means, granting additional benefits in the event of the total and 70
100101 permanent disability of the insured, and providing optional methods 71
101102 of settlement of proceeds. Life insurance includes burial contracts to 72
102103 the extent provided by section 38a-464. 73
103104 (15) "Mutual insurer" means any insurer without capital stock, the 74
104105 managing directors or officers of which are elected by its members. 75
105-(16) "Person" means an individual, a corporation, a partnership, a 76
106-limited liability company, an association, a joint stock company, a 77
107-business trust, an unincorporated organization or other legal entity. 78 Substitute Bill No. 981
106+(16) "Person" means an individual, a corporation, a partnership, a 76 Raised Bill No. 981
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112+limited liability company, an association, a joint stock company, a 77
113+business trust, an unincorporated organization or other legal entity. 78
114114 (17) "Policy" means any document, including attach ed 79
115115 endorsements and riders, purporting to be an enforceable contract, 80
116116 which memorializes in writing some or all of the terms of an insurance 81
117117 contract. 82
118118 (18) "State" means any state, district, or territory of the United States. 83
119119 (19) "Subsidiary" of a specified person means an affiliate controlled 84
120120 by the person directly, or indirectly through one or more 85
121121 intermediaries. 86
122122 (20) "Unauthorized insurer" or "nonadmitted insurer" means an 87
123123 insurer that has not been granted a certificate of authority by the 88
124124 commissioner to transact the business of insurance in this state or an 89
125125 insurer transacting business not authorized by a valid certificate. 90
126126 (21) "United States" means the United States of America, its 91
127127 territories and possessions, the Commonwealth of Puerto Rico and the 92
128128 District of Columbia. 93
129129 Sec. 2. (NEW) (Effective October 1, 2019) (a) For the purposes of this 94
130130 section: 95
131131 (1) "Insurance producer" or "producer" has the same meaning as 96
132132 provided in section 38a-702a of the general statutes; 97
133133 (2) "Location" means (A) a physical location in this state, or (B) an 98
134134 Internet web site or call center site directed at residents of this state; 99
135135 (3) "Occupant" means a person, or the assignee, successor or 100
136136 sublessee of a person, entitled to use, to the exclusion of others, storage 101
137137 space at a self-service storage facility under a rental agreement; 102
138138 (4) "Owner" has the same meaning as provided in section 42-159 of 103
139-the general statutes; 104
140-(5) "Personal property" has the same meaning as provided in section 105
141-42-159 of the general statutes; 106 Substitute Bill No. 981
139+the general statutes; 104 Raised Bill No. 981
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145+(5) "Personal property" has the same meaning as provided in section 105
146+42-159 of the general statutes; 106
148147 (6) "Rental agreement" means a written agreement or lease that 107
149148 establishes or modifies the terms, conditions, rules or any other 108
150149 provisions concerning the use and occupancy of storage space at a self-109
151150 service storage facility; 110
152151 (7) "Self-service storage facility" means real property in this state 111
153152 that is designed and used for the leasing or renting of storage space to 112
154153 occupants who are to have access to such space only for storing and 113
155154 removing personal property; 114
156155 (8) "Self-service storage insurance" means property and casualty 115
157156 insurance (A) insuring personal property stored at, or in transit to or 116
158157 from, a self-service storage facility during the term of a rental 117
159158 agreement, and (B) offered or sold in connection with, and incidental 118
160159 to, a rental agreement; and 119
161-(9) "Supervising person" means an insurer licensed to transact 120
160+(9) "Supervising entity" means an insurer licensed to transact 120
162161 insurance business in this state and authorized to write personal or 121
163162 commercial risk insurance business in this state, or an insurance 122
164163 producer licensed in this state, appointed by an insurer to supervise 123
165164 the owners who are offering or selling self-service storage insurance 124
166-coverage on behalf of the appointing insurer. 125
167-(b) (1) No owner shall offer or sell self-service storage insurance 126
168-coverage in this state without first obtaining a self-service storage 127
169-insurance license from the commissioner pursuant to this section. 128
170-Notwithstanding the provisions of this subdivision, each owner 129
171-offering or selling self-service storage insurance coverage in this state 130
172-prior to October 1, 2019, may continue to offer or sell such coverage 131
173-until the owner's initial application for a self-service storage insurance 132
174-license is approved or denied by the commissioner, provided such 133
175-owner files such application not later than ninety days after the date on 134
176-which the commissioner prescribes a form for such application. Each 135
177-self-service storage insurance license issued by the commissioner 136
178-pursuant to this section shall be in force until January thirty-first of the 137
179-next even-numbered year, unless such license is sooner revoked or 138 Substitute Bill No. 981
165+policies on behalf of the insurer. 125
166+(b) (1) No owner shall offer or sell a self-service storage insurance 126
167+policy in this state without first obtaining a self-service storage 127
168+insurance license from the commissioner pursuant to this section, 128
169+except that each owner offering or selling self-service storage 129
170+insurance policies in this state prior to October 1, 2019, may continue 130
171+to offer or sell such policies until the owner's initial application for 131
172+such license is approved or denied by the commissioner, provided 132
173+such owner files such application not later than ninety days after the 133
174+date on which the commissioner prescribes a form for such 134
175+application. Any self-service storage insurance license issued by the 135
176+commissioner pursuant to this section shall be in force until January 136 Raised Bill No. 981
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186-suspended by the commissioner. 139
187-(2) An owner is not required to be licensed under this section solely 140
188-to display and make available to occupants and prospective occupants 141
189-brochures and other promotional materials created by or on behalf of 142
190-an insurer licensed to transact insurance business, and authorized to 143
191-write property and casualty insurance, in this state. 144
192-(3) An owner's self-service storage insurance license shall authorize 145
193-each employee and authorized representative of such owner to offer 146
194-and sell self-service storage insurance coverage at each location where 147
195-such owner conducts business. No such employee or authorized 148
196-representative shall be required to be licensed under chapter 701a of 149
197-the general statutes, provided: 150
198-(A) The owner obtains and maintains such self-service storage 151
199-insurance license; 152
200-(B) The insurer issuing such coverage, or the supervising person 153
201-appointed by such insurer, supervises such owner; and 154
202-(C) No such employee or authorized representative holds himself or 155
203-herself out as an insurance producer licensed in this state unless such 156
204-employee or authorized representative is an insurance producer 157
205-licensed in this state. 158
206-(4) (A) Each owner seeking to obtain a self-service storage insurance 159
207-license pursuant to this section shall submit to the commissioner, in a 160
208-form and manner prescribed by the commissioner, an initial 161
209-application. Such application shall be signed and sworn to by such 162
210-owner and include, at a minimum: 163
211-(i) (I) The name and residence address of, and any other information 164
212-that the commissioner, in the commissioner's discretion, may require 165
213-concerning, such owner or an employee or officer of such owner, or the 166
214-insurer or supervising person supervising such owner, who will serve 167
215-as the person responsible for such owner's compliance with this 168 Substitute Bill No. 981
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182+thirty-first of each even-numbered year, unless such license is sooner 137
183+revoked or suspended by the commissioner. 138
184+(2) An owner is not required to be licensed under this section solely 139
185+to display and make available to occupants and prospective occupants 140
186+brochures and other promotional materials created by or on behalf of 141
187+an insurer licensed to transact insurance business, and authorized to 142
188+write property and casualty insurance, in this state. 143
189+(3) An owner's self-service storage insurance license shall authorize 144
190+each employee and authorized representative of such owner to offer 145
191+and sell self-service storage insurance policies at each location where 146
192+such owner conducts business. No such employee or authorized 147
193+representative shall be required to be licensed under chapter 701a of 148
194+the general statutes, provided: 149
195+(A) The owner obtains and maintains such self-service storage 150
196+insurance license; 151
197+(B) The insurer issuing such policies, or the supervising entity 152
198+appointed by such insurer, supervises such owner; and 153
199+(C) No such employee or authorized representative holds himself or 154
200+herself out as an insurance producer licensed in this state unless such 155
201+employee or authorized representative is an insurance producer 156
202+licensed in this state. 157
203+(4) (A) Each owner seeking to obtain a self-service storage insurance 158
204+license pursuant to this section shall submit to the commissioner, in a 159
205+form and manner prescribed by the commissioner, an initial 160
206+application. Such application shall be signed and sworn to by such 161
207+owner and include, at a minimum: 162
208+(i) (I) The name and residence address of, and any other information 163
209+that the commissioner, in the commissioner's discretion, may require 164
210+concerning, such owner or an employee or officer of such owner, or the 165
211+insurer or supervising entity supervising such owner, who will serve 166 Raised Bill No. 981
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222-section; and 169
223-(II) If such owner is not an individual and derives more than fifty 170
224-per cent of such owner's revenue from the sale of self-service storage 171
225-insurance coverage, such owner shall include the name and residence 172
226-address of, and any other information that the commissioner, in the 173
227-commissioner's discretion, may require for, all shareholders of such 174
228-owner who are directly or indirectly the beneficial owner of ten per 175
229-cent or more of any class of security of such owner, and all of the 176
230-officers and directors of such owner; and 177
231-(ii) The address of such owner's home office. 178
232-(B) Each application submitted to the commissioner pursuant to 179
233-subparagraph (A) of this subdivision shall be accompanied by the fees 180
234-set forth in section 38a-11 of the general statutes, as amended by this 181
235-act. 182
236-(C) Each owner offering or selling self-service storage insurance 183
237-coverage in this state prior to October 1, 2019, shall file an initial 184
238-application with the commissioner pursuant to subparagraph (A) of 185
239-this subdivision not later than ninety days after the date that the 186
240-commissioner prescribes a form for such initial application. 187
241-(5) (A) Each owner seeking to renew a self-service storage insurance 188
242-license shall submit to the commissioner, in a form and manner 189
243-prescribed by the commissioner, an updated application. Such 190
244-application shall be signed and sworn to by such owner and include, at 191
245-a minimum: 192
246-(i) Any changes to such owner's initial application filed pursuant to 193
247-subparagraph (A) of subdivision (4) of this subsection; and 194
248-(ii) Any other information that the commissioner, in the 195
249-commissioner's discretion, may require. 196
250-(B) Each updated application submitted to the commissioner 197 Substitute Bill No. 981
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217+as the person responsible for such owner's compliance with this 167
218+section; and 168
219+(II) If such owner is not a natural person and derives more than fifty 169
220+per cent of such owner's revenue from the sale of self-service storage 170
221+insurance, such owner shall include the name and residence address 171
222+of, and any other information that the commissioner, in the 172
223+commissioner's discretion, may require for, all shareholders of such 173
224+owner who are directly or indirectly the beneficial owner of ten per 174
225+cent or more of any class of security of such owner, and all of the 175
226+officers and directors of such owner; and 176
227+(ii) The address of such owner's home office. 177
228+(B) Each application submitted to the commissioner pursuant to 178
229+subparagraph (A) of this subdivision shall be accompanied by the fees 179
230+set forth in section 38a-11 of the general statutes, as amended by this 180
231+act. 181
232+(C) Each owner offering or selling self-service storage insurance 182
233+policies in this state prior to October 1, 2019, shall file an initial 183
234+application with the commissioner pursuant to subparagraph (A) of 184
235+this subdivision not later than ninety days after the date that the 185
236+commissioner prescribes a form for such initial application. 186
237+(5) (A) Each owner seeking to renew a self-service storage insurance 187
238+license shall submit to the commissioner, in a form and manner 188
239+prescribed by the commissioner, an updated application. Such 189
240+application shall be signed and sworn to by such owner and include, at 190
241+a minimum: 191
242+(i) Any changes to such owner's initial application filed pursuant to 192
243+subparagraph (A) of subdivision (4) of this subsection; and 193
244+(ii) Any other information that the commissioner, in the 194
245+commissioner's discretion, may require. 195
246+(B) Each updated application submitted to the commissioner 196 Raised Bill No. 981
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257-pursuant to subparagraph (A) of this subdivision shall be accompanied 198
258-by the applicable fee specified in section 38a-11 of the general statutes, 199
259-as amended by this act. 200
260-(C) Each renewal of a self-service storage insurance license granted 201
261-by the commissioner in response to an application filed pursuant to 202
262-subparagraph (A) of this subdivision shall be valid for two years. 203
263-(c) Each owner offering or selling self-service storage insurance 204
264-coverage shall make available, at each location where such owner is 205
265-offering or selling such coverage to occupants or prospective 206
266-occupants in this state, brochures or other written or electronic 207
267-materials containing, at a minimum, the following: 208
268-(1) A statement disclosing that self-service storage insurance 209
269-coverage may provide insurance coverage that is duplicative of 210
270-insurance coverage provided to occupants under their homeowners, 211
271-renter's or other insurance policies; 212
272-(2) A statement disclosing that occupants are not required to 213
273-purchase self-service storage insurance coverage from such owner to 214
274-lease storage space from such owner; 215
275-(3) The identity of the insurer issuing such self-service storage 216
276-insurance coverage; 217
277-(4) The identity of any supervising person appointed by the insurer 218
278-identified pursuant to subdivision (3) of this subsection; 219
279-(5) The amount of any deductible under such self-service storage 220
280-insurance coverage and a summary of how such deductible must be 221
281-paid; 222
282-(6) A summary of the benefits under such self-service storage 223
283-insurance coverage; 224
284-(7) The terms and conditions of such self-service storage insurance 225 Substitute Bill No. 981
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252+pursuant to subparagraph (A) of this subdivision shall be accompanied 197
253+by the fees set forth in section 38a-11 of the general statutes, as 198
254+amended by this act. 199
255+(C) Each renewal of a self-service storage insurance license granted 200
256+by the commissioner in response to an application filed pursuant to 201
257+subparagraph (A) of this subdivision shall be valid for two years. 202
258+(c) Each owner offering or selling self-service storage insurance 203
259+policies shall make available, at each location where such owner is 204
260+offering or selling such policies to occupants or prospective occupants 205
261+in this state, brochures or other written or electronic materials 206
262+containing, at a minimum, the following: 207
263+(1) A statement disclosing that self-service storage insurance policies 208
264+may provide insurance coverage that is duplicative of insurance 209
265+coverage provided to occupants under their homeowners, renter's or 210
266+other insurance policies; 211
267+(2) A statement disclosing that occupants are not required to 212
268+purchase a self-service storage insurance policy from such owner to 213
269+lease storage space from such owner; 214
270+(3) The identity of the insurer issuing such self-service storage 215
271+insurance policies; 216
272+(4) The identity of any supervising entity appointed by the insurer 217
273+identified pursuant to subdivision (3) of this subsection; 218
274+(5) The amount of any deductible under such self-service storage 219
275+insurance policies and a summary of how such deductible must be 220
276+paid; 221
277+(6) A summary of the benefits under such self-service storage 222
278+insurance policies; 223
279+(7) The terms and conditions of coverage under such self-service 224
280+storage insurance policies, or a summary of the key terms and 225 Raised Bill No. 981
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291-coverage, or a summary of the key terms and conditions of such 226
292-coverage; 227
293-(8) A summary of the process for filing a claim under such self-228
294-service storage insurance coverage; and 229
295-(9) A statement disclosing that an occupant covered under self-230
296-service storage insurance coverage may cancel such coverage at any 231
297-time, and that the person paying the premium for such coverage will 232
298-receive a refund of, or a credit for, any unearned premium under such 233
299-coverage. 234
300-(d) (1) If self-service storage insurance coverage is included at no 235
301-additional charge with a lease of storage space, the owner shall clearly 236
302-and conspicuously disclose, in writing, to the occupant or prospective 237
303-occupant that such insurance is included at no additional charge with 238
304-the lease of the storage space. 239
305-(2) An owner may bill and collect payments for self-service storage 240
306-insurance coverage, provided: 241
307-(A) Any payment that is not attributable to the cost of an occupant's 242
308-occupancy of self-service storage space is itemized separately on each 243
309-invoice that the owner issues to the occupant; and 244
310-(B) The owner remits such payment to the insurer issuing such self-245
311-service storage insurance coverage, or the supervising person 246
312-appointed by such insurer, not later than sixty days after such owner 247
313-receives such payment. 248
314-(3) An owner shall not be required to maintain payments collected 249
315-pursuant to subdivision (2) of this subsection in a segregated account if 250
316-the insurer that issued the self-service storage insurance coverage, or 251
317-the supervising person appointed by such insurer, authorizes the 252
318-owner to commingle such payments. All premium payments collected 253
319-by an owner pursuant to said subdivision shall be held by the owner in 254
320-a fiduciary capacity for the benefit of the insurer. 255 Substitute Bill No. 981
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286+conditions of such policies; 226
287+(8) A summary of the process for filing a claim under such self-227
288+service storage insurance policies; and 228
289+(9) A statement disclosing that an occupant covered under a self-229
290+service storage insurance policy may cancel such policy at any time, 230
291+and that the person paying the premium for such policy will receive a 231
292+refund of, or a credit for, any unearned premium under such policy. 232
293+(d) (1) If self-service storage insurance is included at no additional 233
294+charge with a lease of storage space, the owner shall clearly and 234
295+conspicuously disclose, in writing, to the occupant or prospective 235
296+occupant that such insurance is included at no additional charge with 236
297+the lease of the storage space. 237
298+(2) An owner may bill and collect payments for self-service storage 238
299+insurance coverage, provided: 239
300+(A) Any payment that is not attributable to the cost of an occupant's 240
301+occupancy of self-service storage space is itemized separately on each 241
302+invoice that the owner issues to the occupant; and 242
303+(B) The owner remits such payment to the insurer issuing such self-243
304+service storage insurance, or the supervising entity appointed by such 244
305+insurer, not later than sixty days after such owner receives such 245
306+payment. 246
307+(3) An owner shall not be required to maintain payments collected 247
308+pursuant to subdivision (2) of this subsection in a segregated account if 248
309+the insurer that issued the self-service storage insurance coverage, or 249
310+the supervising entity appointed by such insurer, authorizes the owner 250
311+to commingle such payments. All premium payments collected by an 251
312+owner pursuant to said subdivision shall be held by the owner in a 252
313+fiduciary capacity for the benefit of the insurer. 253
314+(4) An owner may receive compensation for billing and collection 254
315+services. 255 Raised Bill No. 981
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327-(4) An owner may receive compensation for billing and collection 256
328-services. 257
329-(e) (1) Self-service storage insurance coverage shall not be offered or 258
330-sold in this state unless such insurance coverage is issued by an insurer 259
331-that is authorized to write such lines of business in this state. Such 260
332-insurance coverage may be issued as an individual, group, master, 261
333-corporate or commercial policy. An insurer authorized to issue self-262
334-service storage insurance coverage in this state shall file a copy of the 263
335-form for such coverage in accordance with subsection (c) of section 264
336-38a-676 of the general statutes. 265
337-(2) An insurer that issues self-service storage insurance coverage in 266
338-this state and does not directly supervise the owners offering or selling 267
339-such coverage to occupants in this state shall appoint a supervising 268
340-person, and shall provide the name and contact information of such 269
341-supervising person to the commissioner and such owners. 270
342-(3) Each supervising person shall maintain a registry containing the 271
343-locations used by each owner in this state to offer or sell self-service 272
344-storage insurance coverage issued by the insurer that appointed such 273
345-supervising person. Each supervising person shall, not later than ten 274
346-days after such supervising person receives a request from the 275
347-commissioner, make such registry available for inspection by the 276
348-commissioner or the commissioner's designee during such supervising 277
349-person's regular business hours. 278
350-(f) The Insurance Commissioner may: 279
351-(1) Refuse to issue or renew, for cause and after notice and a 280
352-hearing, a self-service storage insurance license pursuant to this 281
353-section. Any person aggrieved by the commissioner's refusal to issue 282
354-or renew a self-service storage insurance license may appeal therefrom 283
355-in accordance with the provisions of section 4-183 of the general 284
356-statutes, except venue for such appeal shall be in the judicial district of 285
357-New Britain; and 286 Substitute Bill No. 981
319+LCO No. 4868 10 of 15
320+
321+(e) (1) Self-service storage insurance coverage shall not be offered or 256
322+sold in this state unless such insurance coverage is issued by an insurer 257
323+that is authorized to write such lines of business in this state. Such 258
324+insurance coverage may be issued as an individual, group, master, 259
325+corporate or commercial policy. An insurer authorized to issue self-260
326+service storage insurance coverage in this state shall file a copy of the 261
327+form for such coverage in accordance with subsection (c) of section 262
328+38a-676 of the general statutes. 263
329+(2) An insurer that issues self-service storage insurance policies in 264
330+this state and does not directly supervise the owners offering or selling 265
331+such policies to occupants in this state shall appoint a supervising 266
332+entity, and shall provide the name and contact information of such 267
333+supervising entity to the commissioner and such owners. 268
334+(3) Each supervising entity shall maintain a registry containing the 269
335+locations used by each owner in this state to offer or sell self-service 270
336+storage insurance policies issued by the insurer that appointed such 271
337+supervising entity. Each supervising entity shall, not later than ten 272
338+days after such supervising entity receives a request from the 273
339+commissioner, make such registry available for inspection by the 274
340+commissioner or the commissioner's designee during such supervising 275
341+entity's regular business hours. 276
342+(g) The Insurance Commissioner may: 277
343+(1) Refuse to issue or renew, for cause and after notice and a 278
344+hearing, a self-service storage insurance license issued pursuant to this 279
345+section. Any person aggrieved by the commissioner's disapproval or 280
346+refusal to renew a self-service storage insurance license may appeal 281
347+therefrom in accordance with the provisions of section 4-183 of the 282
348+general statutes, except venue for such appeal shall be in the judicial 283
349+district of New Britain; and 284
350+(2) Suspend or revoke a self-service storage insurance license issued 285
351+pursuant to this section, and impose a fine in addition to or in lieu of 286
352+such suspension or revocation in accordance with section 38a-774 of 287 Raised Bill No. 981
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364-(2) Suspend or revoke a self-service storage insurance license issued 287
365-pursuant to this section, and impose a fine in addition to or in lieu of 288
366-such suspension or revocation in accordance with section 38a-774 of 289
367-the general statutes. The commissioner may, either in addition to or in 290
368-lieu of such suspension or revocation, issue a cease and desist order 291
369-suspending the privilege of offering or selling self-service storage 292
370-insurance coverage at specific locations or by specific employees or 293
371-authorized representatives. 294
372-(g) Notwithstanding any provision of the general statutes, no owner 295
373-shall be required to undergo any examination, education or continuing 296
374-education as a condition to receiving or renewing a self-service storage 297
375-insurance license pursuant to this section. 298
376-(h) The commissioner may adopt regulations, in accordance with 299
377-chapter 54 of the general statutes, to implement the provisions of this 300
378-section. 301
379-Sec. 3. Subsection (a) of section 38a-11 of the general statutes is 302
380-repealed and the following is substituted in lieu thereof (Effective 303
381-October 1, 2019): 304
382-(a) The commissioner shall demand and receive the following fees: 305
383-(1) For the annual fee for each license issued to a domestic insurance 306
384-company, two hundred dollars; (2) for receiving and filing annual 307
385-reports of domestic insurance companies, fifty dollars; (3) for filing all 308
386-documents prerequisite to the issuance of a license to an insurance 309
387-company, two hundred twenty dollars, except that the fee for such 310
388-filings by any health care center, as defined in section 38a-175, shall be 311
389-one thousand three hundred fifty dollars; (4) for filing any additional 312
390-paper required by law, thirty dollars; (5) for each certificate of 313
391-valuation, organization, reciprocity or compliance, forty dollars; (6) for 314
392-each certified copy of a license to a company, forty dollars; (7) for each 315
393-certified copy of a report or certificate of condition of a company to be 316
394-filed in any other state, forty dollars; (8) for amending a certificate of 317
395-authority, two hundred dollars; (9) for each license issued to a rating 318 Substitute Bill No. 981
356+LCO No. 4868 11 of 15
357+
358+the general statutes. The commissioner may, either in addition to or in 288
359+lieu of such suspension or revocation, issue a cease and desist order 289
360+suspending the privilege of offering or selling self-service storage 290
361+insurance policies at specific locations or by specific employees or 291
362+authorized representatives. 292
363+(h) Notwithstanding any provision of the general statutes, no owner 293
364+shall be required to undergo any examination, education or continuing 294
365+education as a condition to receiving or renewing a self-service storage 295
366+insurance license pursuant to this section. 296
367+(i) The commissioner may adopt regulations, in accordance with 297
368+chapter 54 of the general statutes, to implement the provisions of this 298
369+section. 299
370+Sec. 3. Subsection (a) of section 38a-11 of the general statutes is 300
371+repealed and the following is substituted in lieu thereof (Effective 301
372+October 1, 2019): 302
373+(a) The commissioner shall demand and receive the following fees: 303
374+(1) For the annual fee for each license issued to a domestic insurance 304
375+company, two hundred dollars; (2) for receiving and filing annual 305
376+reports of domestic insurance companies, fifty dollars; (3) for filing all 306
377+documents prerequisite to the issuance of a license to an insurance 307
378+company, two hundred twenty dollars, except that the fee for such 308
379+filings by any health care center, as defined in section 38a-175, shall be 309
380+one thousand three hundred fifty dollars; (4) for filing any additional 310
381+paper required by law, thirty dollars; (5) for each certificate of 311
382+valuation, organization, reciprocity or compliance, forty dollars; (6) for 312
383+each certified copy of a license to a company, forty dollars; (7) for each 313
384+certified copy of a report or certificate of condition of a company to be 314
385+filed in any other state, forty dollars; (8) for amending a certificate of 315
386+authority, two hundred dollars; (9) for each license issued to a rating 316
387+organization, two hundred dollars. In addition, insurance companies 317
388+shall pay any fees imposed under section 12-211; (10) a filing fee of 318
389+fifty dollars for each initial application for a license made pursuant to 319 Raised Bill No. 981
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402-organization, two hundred dollars. In addition, insurance companies 319
403-shall pay any fees imposed under section 12-211; (10) a filing fee of 320
404-fifty dollars for each initial application for a license made pursuant to 321
405-section 38a-769; (11) with respect to insurance agents' appointments: 322
406-(A) A filing fee of fifty dollars for each request for any agent 323
407-appointment, except that no filing fee shall be payable for a request for 324
408-agent appointment by an insurance company domiciled in a state or 325
409-foreign country which does not require any filing fee for a request for 326
410-agent appointment for a Connecticut insurance company; (B) a fee of 327
411-one hundred dollars for each appointment issued to an agent of a 328
412-domestic insurance company or for each appointment continued; and 329
413-(C) a fee of eighty dollars for each appointment issued to an agent of 330
414-any other insurance company or for each appointment continued, 331
415-except that (i) no fee shall be payable for an appointment issued to an 332
416-agent of an insurance company domiciled in a state or foreign country 333
417-which does not require any fee for an appointment issued to an agent 334
418-of a Connecticut insurance company, and (ii) the fee shall be twenty 335
419-dollars for each appointment issued or continued to an agent of an 336
420-insurance company domiciled in a state or foreign country with a 337
421-premium tax rate below Connecticut's premium tax rate; (12) with 338
422-respect to insurance producers: (A) An examination fee of fifteen 339
423-dollars for each examination taken, except when a testing service is 340
424-used, the testing service shall pay a fee of fifteen dollars to the 341
425-commissioner for each examination taken by an applicant; (B) a fee of 342
426-eighty dollars for each license issued; (C) a fee of eighty dollars per 343
427-year, or any portion thereof, for each license renewed; and (D) a fee of 344
428-eighty dollars for any license renewed under the transitional process 345
429-established in section 38a-784; (13) with respect to public adjusters: (A) 346
430-An examination fee of fifteen dollars for each examination taken, 347
431-except when a testing service is used, the testing service shall pay a fee 348
432-of fifteen dollars to the commissioner for each examination taken by an 349
433-applicant; and (B) a fee of two hundred fifty dollars for each license 350
434-issued or renewed; (14) with respect to casualty claims adjusters: (A) 351
435-An examination fee of twenty dollars for each examination taken, 352
436-except when a testing service is used, the testing service shall pay a fee 353 Substitute Bill No. 981
393+LCO No. 4868 12 of 15
394+
395+section 38a-769; (11) with respect to insurance agents' appointments: 320
396+(A) A filing fee of fifty dollars for each request for any agent 321
397+appointment, except that no filing fee shall be payable for a request for 322
398+agent appointment by an insurance company domiciled in a state or 323
399+foreign country which does not require any filing fee for a request for 324
400+agent appointment for a Connecticut insurance company; (B) a fee of 325
401+one hundred dollars for each appointment issued to an agent of a 326
402+domestic insurance company or for each appointment continued; and 327
403+(C) a fee of eighty dollars for each appointment issued to an agent of 328
404+any other insurance company or for each appointment continued, 329
405+except that (i) no fee shall be payable for an appointment issued to an 330
406+agent of an insurance company domiciled in a state or foreign country 331
407+which does not require any fee for an appointment issued to an agent 332
408+of a Connecticut insurance company, and (ii) the fee shall be twenty 333
409+dollars for each appointment issued or continued to an agent of an 334
410+insurance company domiciled in a state or foreign country with a 335
411+premium tax rate below Connecticut's premium tax rate; (12) with 336
412+respect to insurance producers: (A) An examination fee of fifteen 337
413+dollars for each examination taken, except when a testing service is 338
414+used, the testing service shall pay a fee of fifteen dollars to the 339
415+commissioner for each examination taken by an applicant; (B) a fee of 340
416+eighty dollars for each license issued; (C) a fee of eighty dollars per 341
417+year, or any portion thereof, for each license renewed; and (D) a fee of 342
418+eighty dollars for any license renewed under the transitional process 343
419+established in section 38a-784; (13) with respect to public adjusters: (A) 344
420+An examination fee of fifteen dollars for each examination taken, 345
421+except when a testing service is used, the testing service shall pay a fee 346
422+of fifteen dollars to the commissioner for each examination taken by an 347
423+applicant; and (B) a fee of two hundred fifty dollars for each license 348
424+issued or renewed; (14) with respect to casualty claims adjusters: (A) 349
425+An examination fee of twenty dollars for each examination taken, 350
426+except when a testing service is used, the testing service shall pay a fee 351
427+of twenty dollars to the commissioner for each examination taken by 352
428+an applicant; (B) a fee of eighty dollars for each license issued or 353
429+renewed; and (C) the expense of any examination administered 354 Raised Bill No. 981
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443-of twenty dollars to the commissioner for each examination taken by 354
444-an applicant; (B) a fee of eighty dollars for each license issued or 355
445-renewed; and (C) the expense of any examination administered 356
446-outside the state shall be the responsibility of the entity making the 357
447-request and such entity shall pay to the commissioner two hundred 358
448-dollars for such examination and the actual traveling expenses of the 359
449-examination administrator to administer such examination; (15) with 360
450-respect to motor vehicle physical damage appraisers: (A) An 361
451-examination fee of eighty dollars for each examination taken, except 362
452-when a testing service is used, the testing service shall pay a fee of 363
453-eighty dollars to the commissioner for each examination taken by an 364
454-applicant; (B) a fee of eighty dollars for each license issued or renewed; 365
455-and (C) the expense of any examination administered outside the state 366
456-shall be the responsibility of the entity making the request and such 367
457-entity shall pay to the commissioner two hundred dollars for such 368
458-examination and the actual traveling expenses of the examination 369
459-administrator to administer such examination; (16) with respect to 370
460-certified insurance consultants: (A) An examination fee of twenty-six 371
461-dollars for each examination taken, except when a testing service is 372
462-used, the testing service shall pay a fee of twenty-six dollars to the 373
463-commissioner for each examination taken by an applicant; (B) a fee of 374
464-two hundred fifty dollars for each license issued; and (C) a fee of two 375
465-hundred fifty dollars for each license renewed; (17) with respect to 376
466-surplus lines brokers: (A) An examination fee of twenty dollars for 377
467-each examination taken, except when a testing service is used, the 378
468-testing service shall pay a fee of twenty dollars to the commissioner for 379
469-each examination taken by an applicant; and (B) a fee of six hundred 380
470-twenty-five dollars for each license issued or renewed; (18) with 381
471-respect to fraternal agents, a fee of eighty dollars for each license 382
472-issued or renewed; (19) a fee of twenty-six dollars for each license 383
473-certificate requested, whether or not a license has been issued; (20) 384
474-with respect to domestic and foreign benefit societies shall pay: (A) For 385
475-service of process, fifty dollars for each person or insurer to be served; 386
476-(B) for filing a certified copy of its charter or articles of association, 387
477-fifteen dollars; (C) for filing an annual statement or report, twenty 388 Substitute Bill No. 981
433+LCO No. 4868 13 of 15
434+
435+outside the state shall be the responsibility of the entity making the 355
436+request and such entity shall pay to the commissioner two hundred 356
437+dollars for such examination and the actual traveling expenses of the 357
438+examination administrator to administer such examination; (15) with 358
439+respect to motor vehicle physical damage appraisers: (A) An 359
440+examination fee of eighty dollars for each examination taken, except 360
441+when a testing service is used, the testing service shall pay a fee of 361
442+eighty dollars to the commissioner for each examination taken by an 362
443+applicant; (B) a fee of eighty dollars for each license issued or renewed; 363
444+and (C) the expense of any examination administered outside the state 364
445+shall be the responsibility of the entity making the request and such 365
446+entity shall pay to the commissioner two hundred dollars for such 366
447+examination and the actual traveling expenses of the examination 367
448+administrator to administer such examination; (16) with respect to 368
449+certified insurance consultants: (A) An examination fee of twenty-six 369
450+dollars for each examination taken, except when a testing service is 370
451+used, the testing service shall pay a fee of twenty-six dollars to the 371
452+commissioner for each examination taken by an applicant; (B) a fee of 372
453+two hundred fifty dollars for each license issued; and (C) a fee of two 373
454+hundred fifty dollars for each license renewed; (17) with respect to 374
455+surplus lines brokers: (A) An examination fee of twenty dollars for 375
456+each examination taken, except when a testing service is used, the 376
457+testing service shall pay a fee of twenty dollars to the commissioner for 377
458+each examination taken by an applicant; and (B) a fee of six hundred 378
459+twenty-five dollars for each license issued or renewed; (18) with 379
460+respect to fraternal agents, a fee of eighty dollars for each license 380
461+issued or renewed; (19) a fee of twenty-six dollars for each license 381
462+certificate requested, whether or not a license has been issued; (20) 382
463+with respect to domestic and foreign benefit societies shall pay: (A) For 383
464+service of process, fifty dollars for each person or insurer to be served; 384
465+(B) for filing a certified copy of its charter or articles of association, 385
466+fifteen dollars; (C) for filing an annual statement or report, twenty 386
467+dollars; and (D) for filing any additional paper required by law, fifteen 387
468+dollars; (21) with respect to foreign benefit societies: (A) For each 388
469+certificate of organization or compliance, fifteen dollars; (B) for each 389 Raised Bill No. 981
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484-dollars; and (D) for filing any additional paper required by law, fifteen 389
485-dollars; (21) with respect to foreign benefit societies: (A) For each 390
486-certificate of organization or compliance, fifteen dollars; (B) for each 391
487-certified copy of permit, fifteen dollars; and (C) for each copy of a 392
488-report or certificate of condition of a society to be filed in any other 393
489-state, fifteen dollars; (22) with respect to reinsurance intermediaries, a 394
490-fee of six hundred twenty-five dollars for each license issued or 395
491-renewed; (23) with respect to life settlement providers: (A) A filing fee 396
492-of twenty-six dollars for each initial application for a license made 397
493-pursuant to section 38a-465a; and (B) a fee of forty dollars for each 398
494-license issued or renewed; (24) with respect to life settlement brokers: 399
495-(A) A filing fee of twenty-six dollars for each initial application for a 400
496-license made pursuant to section 38a-465a; and (B) a fee of forty dollars 401
497-for each license issued or renewed; (25) with respect to preferred 402
498-provider networks, a fee of two thousand seven hundred fifty dollars 403
499-for each license issued or renewed; (26) with respect to rental 404
500-companies, as defined in section 38a-799, a fee of eighty dollars for 405
501-each permit issued or renewed; (27) with respect to medical discount 406
502-plan organizations licensed under section 38a-479rr, a fee of six 407
503-hundred twenty-five dollars for each license issued or renewed; (28) 408
504-with respect to pharmacy benefits managers, an application fee of one 409
505-hundred dollars for each registration issued or renewed; (29) with 410
506-respect to captive insurance companies, as defined in section 38a-91aa, 411
507-a fee of three hundred seventy-five dollars for each license issued or 412
508-renewed; (30) with respect to each duplicate license issued a fee of fifty 413
509-dollars for each license issued; (31) with respect to surety bail bond 414
510-agents, as defined in section 38a-660, (A) a filing fee of one hundred 415
511-fifty dollars for each initial application for a license, and (B) a fee of one 416
512-hundred dollars for each license issued or renewed; (32) with respect 417
513-to third-party administrators, as defined in section 38a-720, (A) a fee of 418
514-five hundred dollars for each license issued, and (B) a fee of four 419
515-hundred fifty dollars for each license renewed; (33) with respect to 420
516-portable electronics insurance licenses under section 38a-397, (A) a 421
517-filing fee of one hundred dollars for each initial application for a 422
518-license, (B) a fee of five hundred dollars for each license issued, and (C) 423 Substitute Bill No. 981
473+LCO No. 4868 14 of 15
474+
475+certified copy of permit, fifteen dollars; and (C) for each copy of a 390
476+report or certificate of condition of a society to be filed in any other 391
477+state, fifteen dollars; (22) with respect to reinsurance intermediaries, a 392
478+fee of six hundred twenty-five dollars for each license issued or 393
479+renewed; (23) with respect to life settlement providers: (A) A filing fee 394
480+of twenty-six dollars for each initial application for a license made 395
481+pursuant to section 38a-465a; and (B) a fee of forty dollars for each 396
482+license issued or renewed; (24) with respect to life settlement brokers: 397
483+(A) A filing fee of twenty-six dollars for each initial application for a 398
484+license made pursuant to section 38a-465a; and (B) a fee of forty dollars 399
485+for each license issued or renewed; (25) with respect to preferred 400
486+provider networks, a fee of two thousand seven hundred fifty dollars 401
487+for each license issued or renewed; (26) with respect to rental 402
488+companies, as defined in section 38a-799, a fee of eighty dollars for 403
489+each permit issued or renewed; (27) with respect to medical discount 404
490+plan organizations licensed under section 38a-479rr, a fee of six 405
491+hundred twenty-five dollars for each license issued or renewed; (28) 406
492+with respect to pharmacy benefits managers, an application fee of one 407
493+hundred dollars for each registration issued or renewed; (29) with 408
494+respect to captive insurance companies, as defined in section 38a-91aa, 409
495+a fee of three hundred seventy-five dollars for each license issued or 410
496+renewed; (30) with respect to each duplicate license issued a fee of fifty 411
497+dollars for each license issued; (31) with respect to surety bail bond 412
498+agents, as defined in section 38a-660, (A) a filing fee of one hundred 413
499+fifty dollars for each initial application for a license, and (B) a fee of one 414
500+hundred dollars for each license issued or renewed; (32) with respect 415
501+to third-party administrators, as defined in section 38a-720, (A) a fee of 416
502+five hundred dollars for each license issued, and (B) a fee of four 417
503+hundred fifty dollars for each license renewed; (33) with respect to 418
504+portable electronics insurance licenses under section 38a-397, (A) a 419
505+filing fee of one hundred dollars for each initial application for a 420
506+license, (B) a fee of five hundred dollars for each license issued, and (C) 421
507+a fee of four hundred fifty dollars for each license renewed; [and] (34) 422
508+with respect to limited lines travel insurance producer licenses under 423
509+section 38a-398, (A) a filing fee of one hundred dollars for each initial 424 Raised Bill No. 981
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525-a fee of four hundred fifty dollars for each license renewed; [and] (34) 424
526-with respect to limited lines travel insurance producer licenses under 425
527-section 38a-398, (A) a filing fee of one hundred dollars for each initial 426
528-application for a license, (B) a fee of six hundred fifty dollars for each 427
529-license issued, and (C) a fee of six hundred fifty dollars for each license 428
530-renewed; and (35) with respect to self-service storage insurance 429
531-licenses under section 2 of this act, (A) a filing fee of one hundred 430
532-dollars for each initial application for a license, (B) a fee of five 431
533-hundred dollars for each license issued, and (C) a fee of four hundred 432
534-fifty dollars for each license renewed. 433
513+LCO No. 4868 15 of 15
514+
515+application for a license, (B) a fee of six hundred fifty dollars for each 425
516+license issued, and (C) a fee of six hundred fifty dollars for each license 426
517+renewed; and (35) with respect to self-service storage insurance 427
518+licenses under section 2 of this act, (A) a filing fee of one hundred 428
519+dollars for each initial application for a license, (B) a fee of five 429
520+hundred dollars for each license issued, and (C) a fee of four hundred 430
521+fifty dollars for each license renewed. 431
535522 This act shall take effect as follows and shall amend the following
536523 sections:
537524
538525 Section 1 October 1, 2019 38a-1
539526 Sec. 2 October 1, 2019 New section
540527 Sec. 3 October 1, 2019 38a-11(a)
541528
542-Statement of Legislative Commissioners:
543-In Section 2, "supervising person" was substituted for "supervising
544-entity" for accuracy and consistency; in Section 2(a)(9), "appointing"
545-was added for clarity; Section 2(b)(1) was rewritten for clarity; in
546-Section 2(b)(4)(A)(i)(II), "an individual" was substituted for "a natural
547-person", and "coverage" was inserted, for consistency; in Section
548-2(b)(5)(B), "applicable fee specified" was substituted for "fees set forth"
549-for clarity; in Section 2(c)(9), (d)(1) and (d)(2)(B), "coverage" was added
550-for consistency; and in Section 2(f)(1), "issued" and "disapproval or"
551-were deleted, and "issue or" was added, for consistency.
552-
553-INS Joint Favorable Subst.
529+Statement of Purpose:
530+To regulate the sale of self-service storage insurance in this state.
531+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
532+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
533+not underlined.]
554534