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General Assembly Raised Bill No. 1047
January Session, 2021
LCO No. 4467
Referred to Committee on INSURANCE AND REAL ESTATE
Introduced by:
(INS)
AN ACT CONCERNING IN SURANCE AND CLIMATE CHANGE.
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 Section 38a-1 of the general statutes is repealed and the 1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, 2021): 2
Terms used in this title and sections 2 and 3 of this act, unless it 3
appears from the context to the contrary, shall have a scope and 4
meaning as set forth in this section. 5
(1) "Affiliate" or "affiliated" means a person that directly, or indirectly 6
through one or more intermediaries, controls, is controlled by or is 7
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 or 10
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 Raised Bill No. 1047
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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
(4) "Commissioner" means the Insurance Commissioner. 18
(5) "Control", "controlled by" or "under common control with" means 19
the possession, direct or indirect, of the power to direct or cause the 20
direction of the management and policies of a person, whether through 21
the ownership of voting securities, by contract other than a commercial 22
contract for goods or nonmanagement services, or otherwise, unless the 23
power is the result of an official position with the person. 24
(6) "Domestic insurer" means any insurer that has been chartered by, 25
incorporated, organized or constituted within or under the laws of this 26
state. 27
(7) "Domestic surplus lines insurer" means any domestic insurer that 28
has been authorized by the commissioner to write surplus lines 29
insurance. 30
(8) "Foreign country" means any jurisdiction not in any state, district 31
or territory of the United States. 32
(9) "Foreign insurer" means any insurer that has been chartered by or 33
organized or constituted within or under the laws of another state or a 34
territory of the United States. 35
(10) "Insolvency" or "insolvent" means, for any insurer, that it is 36
unable to pay its obligations when they are due, or when its admitted 37
assets do not exceed its liabilities plus the greater of: (A) Capital and 38
surplus required by law for its organization and continued operation; 39
or (B) the total par or stated value of its authorized and issued capital 40
stock. For purposes of this subdivision "liabilities" shall include but not 41
be limited to reserves required by statute or by regulations adopted by 42
the commissioner in accordance with the provisions of chapter 54 or 43
specific requirements imposed by the commissioner upon a subject 44 Raised Bill No. 1047
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company at the time of admission or subsequent thereto. 45
(11) "Insurance" means any agreement to pay a sum of money, 46
provide services or any other thing of value on the happening of a 47
particular event or contingency or to provide indemnity for loss in 48
respect to a specified subject by specified perils in return for a 49
consideration. In any contract of insurance, an insured shall have an 50
interest which is subject to a risk of loss through destruction or 51
impairment of that interest, which risk is assumed by the insurer and 52
such assumption shall be part of a general scheme to distribute losses 53
among a large group of persons bearing similar risks in return for a 54
ratable contribution or other consideration. 55
(12) "Insurer" or "insurance company" includes any person or 56
combination of persons doing any kind or form of insurance business 57
other than a fraternal benefit society, and shall include a receiver of any 58
insurer when the context reasonably permits. 59
(13) "Insured" means a person to whom or for whose benefit an 60
insurer makes a promise in an insurance policy. The term includes 61
policyholders, subscribers, members and beneficiaries. This definition 62
applies only to the provisions of this title and does not define the 63
meaning of this word as used in insurance policies or certificates. 64
(14) "Life insurance" means insurance on human lives and insurances 65
pertaining to or connected with human life. The business of life 66
insurance includes granting endowment benefits, granting additional 67
benefits in the event of death by accident or accidental means, granting 68
additional benefits in the event of the total and permanent disability of 69
the insured, and providing optional methods of settlement of proceeds. 70
Life insurance includes burial contracts to the extent provided by 71
section 38a-464. 72
(15) "Mutual insurer" means any insurer without capital stock, the 73
managing directors or officers of which are elected by its members. 74
(16) "Person" means an individual, a corporation, a partnership, a 75 Raised Bill No. 1047
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limited liability company, an association, a joint stock company, a 76
business trust, an unincorporated organization or other legal entity. 77
(17) "Policy" means any document, including attached endorsements 78
and riders, purporting to be an enforceable contract, which 79
memorializes in writing some or all of the terms of an insurance 80
contract. 81
(18) "State" means any state, district, or territory of the United States. 82
(19) "Subsidiary" of a specified person means an affiliate controlled 83
by the person directly, or indirectly through one or more intermediaries. 84
(20) "Unauthorized insurer" or "nonadmitted insurer" means an 85
insurer that has not been granted a certificate of authority by the 86
commissioner to transact the business of insurance in this state or an 87
insurer transacting business not authorized by a valid certificate. 88
(21) "United States" means the United States of America, its territories 89
and possessions, the Commonwealth of Puerto Rico and the District of 90
Columbia. 91
Sec. 2. (NEW) (Effective October 1, 2021) (a) (1) Not later than January 92
1, 2022, the commissioner shall develop and implement criteria for each 93
insurer doing business in this state to submit, at least annually, to the 94
commissioner a report disclosing: 95
(A) Such insurer's investments in fossil fuels; 96
(B) The degree to which such insurer's investments are exposed to 97
climate risks; and 98
(C) Information concerning such insurer's gross premium 99
underwriting for insureds involved in the fossil fuel industry and 100
related industries. 101
(2) The criteria developed by the commissioner pursuant to 102
subdivision (1) of this subsection shall enable the commissioner to post 103 Raised Bill No. 1047
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the information reported to the commissioner pursuant to subsection (b) 104
of this section on the Insurance Department's Internet web site. 105
(b) Not later than March 1, 2022, and annually thereafter, each insurer 106
doing business in this state shall submit a report to the commissioner 107
disclosing the information set forth in subdivision (1) of subsection (a) 108
of this section for the preceding calendar year. 109
(c) Not later than April 1, 2022, and annually thereafter, the 110
commissioner shall post the information reported to the commissioner 111
pursuant to subsection (b) of this section on the Insurance Department's 112
Internet web site. 113
(d) The commissioner may adopt regulations, in accordance with 114
chapter 54 of the general statutes, to carry out the purposes of this 115
section. 116
Sec. 3. (NEW) (Effective October 1, 2021) Not later than April 1, 2022, 117
and annually thereafter, the commissioner shall submit a report, in 118
accordance with section 11-4a of the general statutes, to the joint 119
standing committee of the General Assembly having cognizance of 120
matters relating to insurance. The report shall disclose, for the preceding 121
calendar year, the Insurance Department's: 122
(1) Efforts, if any, to: 123
(A) Integrate climate-related risks into the department's regulation 124
and supervision of insurers, including, but not limited to: 125
(i) Risk-based capital requirements; 126
(ii) Regular supervisory examinations; and 127
(iii) Own risk and solvency assessments; and 128
(B) Align insurer investment and underwriting activities with the 129
goal expressed by the parties to the United Nations Framework 130
Convention on Climate Change in the Paris Agreement to limit the 131 Raised Bill No. 1047
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increase in the global average temperature to one and one-half degrees 132
Celsius above preindustrial levels; and 133
(2) Regulatory and supervisory actions, if any, to bolster the resilience 134
of insurers to the physical impacts of climate change. 135
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 38a-1
Sec. 2 October 1, 2021 New section
Sec. 3 October 1, 2021 New section
INS Joint Favorable
APP Joint Favorable