Connecticut 2025 Regular Session

Connecticut Senate Bill SB01425 Latest Draft

Bill / Comm Sub Version Filed 04/02/2025

                             
 
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General Assembly  Substitute Bill No. 1425  
January Session, 2025 
 
 
 
 
 
AN ACT CONCERNING MOTOR VEHICLE PROTECTION PRODUCTS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 42-260 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2025): 2 
(a) As used in this section: 3 
(1) "Extended warranty" means a contract or agreement to either 4 
perform or provide indemnification for the repair, replacement or 5 
maintenance of a product because of operational or structural failure of 6 
such product due to a defect in materials, skill or workmanship or 7 
normal wear and tear given for consideration over and above the lease 8 
or purchase price of a product. "Extended warranty" includes, but is not 9 
limited to: (A) The repair or replacement of tires or wheels on a motor 10 
vehicle damaged as a result of coming into contact with road hazards, 11 
including, but not limited to, pot holes, rocks, wood debris, metal parts, 12 
glass, plastic, curbs or composite scraps; (B) the removal of dents, dings 13 
or creases on a motor vehicle using the process of paintless dent removal 14 
without (i) affecting the existing paint finish, (ii) replacing vehicle body 15 
panels, (iii) sanding, (iv) bonding, or (v) painting; (C) the repair of chips 16 
or cracks in, or the replacement of, a motor vehicle windshield as a result 17 
of damage caused by such road hazards; (D) the replacement of a motor 18 
vehicle key or key fob if such key or key fob becomes inoperable, or is 19  Substitute Bill No. 1425 
 
 
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lost or stolen; or (E) in conjunction with a motor vehicle leased for 20 
personal use, the repair, replacement or maintenance of property or 21 
indemnification for repair, replacement or maintenance, due to excess 22 
wear and use damage for items, including, but not limited to, tires, paint 23 
cracks or chips, interior stains, rips or scratches, exterior dents or 24 
scratches, windshield cracks or chips, missing interior or exterior parts 25 
or excess mileage that result in a lease-end charge, provided any such 26 
charge shall not exceed the purchase price of the motor vehicle. 27 
"Extended warranty" does not include portable electronics insurance, as 28 
defined in section 38a-397. 29 
(2) "Extended warranty provider" means a person who issues, makes, 30 
provides or offers to provide an extended warranty to a buyer and who 31 
is contractually obligated to provide service under such extended 32 
warranty, excluding a retail seller of an extended warranty if such seller: 33 
(A) Is the manufacturer of the product covered under the extended 34 
warranty, or a subsidiary of the manufacturer; (B) sells or offers an 35 
extended warranty for a product obligating the manufacturer, a 36 
subsidiary of the manufacturer, a distributor or an importer to provide 37 
the service or indemnification arising under the extended warranty; or 38 
(C) performs at least ninety per cent of the repair service provided to 39 
buyers pursuant to extended warranties purchased from such seller. 40 
(3) "Buyer" means a person who purchases an extended warranty 41 
from an extended warranty provider. 42 
(4) "Extended warranty reimbursement insurance policy" means a 43 
policy of insurance providing coverage for all obligations and liabilities 44 
incurred by an extended warranty provider under the terms of the 45 
extended warranty sold to a buyer by such provider. 46 
(5) "Vehicle theft protection product" means any device or system 47 
that (A) is installed on or applied to a covered motor vehicle, (B) is 48 
designed to prevent loss or damage to such covered motor vehicle from 49 
theft, and (C) includes a vehicle theft protection product warranty. 50 
(6) "Vehicle theft protection product warranty" means a contract or 51  Substitute Bill No. 1425 
 
 
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agreement obligating a warrantor to pay to, or on behalf of, the vehicle 52 
theft protection product warranty holder specified incidental costs as a 53 
result of the failure of such vehicle theft protection product to perform 54 
pursuant to the terms of such contract or agreement. 55 
(b) An extended warranty shall obligate the extended warranty 56 
provider to supply to the buyer all services and functional parts that 57 
may be necessary to repair the product for the duration of the extended 58 
warranty without additional charge, except as otherwise expressly 59 
provided. 60 
(c) An extended warranty shall contain all of the following: 61 
(1) A clear description and identification of the product; 62 
(2) The date when the extended warranty commences and its 63 
duration, and, if the extended warranty is for less than one year, the 64 
extended warranty shall include a provision for the automatic extension 65 
of the extended warranty while the product is in the custody of the 66 
extended warranty provider for repair under such warranty; 67 
(3) A description of the limits on transfer or assignment of the 68 
extended warranty if the enforceability of an extended warranty is 69 
limited to the original buyer or is limited to persons other than every 70 
consumer owner of the covered product during the term of the extended 71 
warranty; 72 
(4) A statement of the obligation of the extended warranty provider 73 
including statements of: (A) Any services, parts, components, defects, 74 
malfunctions, conditions, repairs or remedies that are excluded from the 75 
scope of the extended warranty; (B) any limits on the obligations of the 76 
extended warranty provider; (C) any additional services which the 77 
extended warranty provider will supply; (D) whether the buyer has the 78 
responsibility of any other obligations and, if so, the nature and 79 
frequency of such obligations, and the consequences of any 80 
noncompliance; 81  Substitute Bill No. 1425 
 
 
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(5) A step-by-step explanation of the procedure which the buyer shall 82 
follow in order to obtain performance of any obligation under the 83 
extended warranty including: (A) The full legal and business name of 84 
the extended warranty provider; (B) the mailing address of the extended 85 
warranty provider; (C) the persons or class of persons that are 86 
authorized to perform service; (D) the name or title and address of any 87 
agent, employee or department of the extended warranty provider that 88 
is responsible for the performance of any obligations; (E) the method of 89 
giving notice to the extended warranty provider of the need for service; 90 
(F) whether in-home service is provided or, if not, whether the costs of 91 
transporting the product for service or repairs will be paid by the 92 
extended warranty provider; (G) if the product must be transported to 93 
the extended warranty provider, either the place where the product may 94 
be delivered for service or repairs or a toll-free telephone number which 95 
the buyer may call to obtain that information; (H) all other steps which 96 
the buyer must take to obtain service; and (I) all fees, charges and other 97 
costs that the buyer must pay to obtain service; 98 
(6) A description of the services the extended warranty provider will 99 
supply under the extended warranty; and 100 
(7) A statement of a right to cancel the warranty if the buyer returns 101 
the product or the product is sold, lost, stolen or destroyed, or a 102 
statement that there is no right to cancel. 103 
(d) (1) An extended warranty shall not be issued, sold or offered for 104 
sale unless the extended warranty provider is insured under an 105 
extended warranty reimbursement insurance policy issued by an 106 
insurer authorized to do business in this state or the extended warranty 107 
provider can demonstrate that reserves for claims contained in the 108 
provider's financial statements are not in excess of one-half of a 109 
provider's audited net worth. If such reserves are in excess of one-half 110 
of a provider's net worth, the reserves shall be held in trust by an 111 
independent trustee and certified annually as adequate by an actuary. 112 
(2) The extended warranty reimbursement insurance policy shall 113  Substitute Bill No. 1425 
 
 
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cover the obligations under the extended warranty sold by the extended 114 
warranty provider during the period of time that such provider's 115 
insurance policy is in force. 116 
(3) An insurer authorized to issue an extended warranty 117 
reimbursement insurance policy in this state shall, at the time the policy 118 
is filed with the Insurance Commissioner as set forth in subsection (c) of 119 
section 38a-676 and continuously thereafter: (A) Maintain a surplus as 120 
to policyholders and paid-in capital of not less than fifteen million 121 
dollars; (B) demonstrate to the satisfaction of said commissioner that the 122 
company maintains a ratio of net written premiums, wherever written, 123 
to a surplus as to policyholders and paid-in capital of not greater than 124 
three to one; and (C) annually file with the Insurance Commissioner 125 
copies of such insurer's audited financial statements, its National 126 
Association of Insurance Commissioners' Annual Statement and the 127 
actuarial certification required by and filed in such insurer's state of 128 
domicile. 129 
(e) An extended warranty provider shall submit to the Insurance 130 
Commissioner: (1) A copy of the extended warranty form issued by said 131 
provider; and (2) a copy of said provider's extended warranty 132 
reimbursement insurance policy form issued by an insurer authorized 133 
to do business in this state or a certification by a certified public 134 
accountant attesting to the adequacy of the reserves for claims reported 135 
on said provider's financial statements or contained in said provider's 136 
trust account. 137 
(f) (1) An extended warranty shall contain the name and address of 138 
the insurers insuring the obligations and liabilities of such warranty and 139 
instructions on how the buyer, or successor to the buyer's rights, of the 140 
product may file a claim with the insurer if the extended warranty 141 
provider fails to perform according to the terms of the extended 142 
warranty. 143 
(2) An insurer of an extended warranty shall not refuse to renew any 144 
policy unless such insurer or its agent shall send, by registered or 145  Substitute Bill No. 1425 
 
 
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certified mail or by mail evidenced by a certificate of mailing or delivery 146 
to the Insurance Commissioner, at least sixty days' advance notice of its 147 
intention not to renew. The notice of intent not to renew shall state or be 148 
accompanied by a statement specifying the reason for such nonrenewal. 149 
(g) The Insurance Commissioner shall develop regulations, in 150 
accordance with chapter 54, implementing an arbitration process to 151 
settle disputes arising from extended warranty contracts between 152 
extended warranty providers and buyers. 153 
(h) Nothing in this section shall apply to a home warranty contract or 154 
home warranty service agreement, as defined in section 38a-320, or 155 
regulated utilities. 156 
(i) No contract or agreement providing any extended warranty or 157 
vehicle theft protection product warranty shall constitute engaging in 158 
the business of insurance in this state. 159 
Sec. 2. Subsection (a) of section 38a-11 of the general statutes is 160 
repealed and the following is substituted in lieu thereof (Effective October 161 
1, 2025): 162 
(a) The commissioner shall demand and receive the following fees: 163 
(1) For the annual fee for each license issued to a domestic insurance 164 
company, two hundred dollars; (2) for receiving and filing annual 165 
reports of domestic insurance companies, fifty dollars; (3) for filing all 166 
documents prerequisite to the issuance of a license to an insurance 167 
company, two hundred twenty dollars, except that the fee for such 168 
filings by any health care center, as defined in section 38a-175, shall be 169 
one thousand three hundred fifty dollars; (4) for filing any additional 170 
paper required by law, thirty dollars; (5) for each certificate of valuation, 171 
organization, reciprocity or compliance, forty dollars; (6) for each 172 
certified copy of a license to a company, forty dollars; (7) for each 173 
certified copy of a report or certificate of condition of a company to be 174 
filed in any other state, forty dollars; (8) for amending a certificate of 175 
authority, two hundred dollars; (9) for each license issued to a rating 176 
organization, two hundred dollars. In addition, insurance companies 177  Substitute Bill No. 1425 
 
 
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shall pay any fees imposed under section 12-211; (10) a filing fee of fifty 178 
dollars for each initial application for a license made pursuant to section 179 
38a-769; (11) with respect to insurance agents' appointments: (A) A 180 
filing fee of fifty dollars for each request for any agent appointment, 181 
except that no filing fee shall be payable for a request for agent 182 
appointment by an insurance company domiciled in a state or foreign 183 
country which does not require any filing fee for a request for agent 184 
appointment for a Connecticut insurance company; (B) a fee of one 185 
hundred dollars for each appointment issued to an agent of a domestic 186 
insurance company or for each appointment continued; and (C) a fee of 187 
eighty dollars for each appointment issued to an agent of any other 188 
insurance company or for each appointment continued, except that (i) 189 
no fee shall be payable for an appointment issued to an agent of an 190 
insurance company domiciled in a state or foreign country which does 191 
not require any fee for an appointment issued to an agent of a 192 
Connecticut insurance company, and (ii) the fee shall be twenty dollars 193 
for each appointment issued or continued to an agent of an insurance 194 
company domiciled in a state or foreign country with a premium tax 195 
rate below Connecticut's premium tax rate; (12) with respect to 196 
insurance producers: (A) An examination fee of fifteen dollars for each 197 
examination taken, except when a testing service is used, the testing 198 
service shall pay a fee of fifteen dollars to the commissioner for each 199 
examination taken by an applicant; (B) a fee of eighty dollars for each 200 
license issued; (C) a fee of eighty dollars per year, or any portion thereof, 201 
for each license renewed; and (D) a fee of eighty dollars for any license 202 
renewed under the transitional process established in section 38a-784; 203 
(13) with respect to public adjusters: (A) An examination fee of fifteen 204 
dollars for each examination taken, except when a testing service is 205 
used, the testing service shall pay a fee of fifteen dollars to the 206 
commissioner for each examination taken by an applicant; and (B) a fee 207 
of two hundred fifty dollars for each license issued or renewed; (14) with 208 
respect to casualty claims adjusters: (A) An examination fee of twenty 209 
dollars for each examination taken, except when a testing service is 210 
used, the testing service shall pay a fee of twenty dollars to the 211 
commissioner for each examination taken by an applicant; (B) a fee of 212  Substitute Bill No. 1425 
 
 
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eighty dollars for each license issued or renewed; and (C) the expense of 213 
any examination administered outside the state shall be the 214 
responsibility of the entity making the request and such entity shall pay 215 
to the commissioner two hundred dollars for such examination and the 216 
actual traveling expenses of the examination administrator to 217 
administer such examination; (15) with respect to motor vehicle 218 
physical damage appraisers: (A) An examination fee of eighty dollars 219 
for each examination taken, except when a testing service is used, the 220 
testing service shall pay a fee of eighty dollars to the commissioner for 221 
each examination taken by an applicant; (B) a fee of eighty dollars for 222 
each license issued or renewed; and (C) the expense of any examination 223 
administered outside the state shall be the responsibility of the entity 224 
making the request and such entity shall pay to the commissioner two 225 
hundred dollars for such examination and the actual traveling expenses 226 
of the examination administrator to administer such examination; (16) 227 
with respect to certified insurance consultants: (A) An examination fee 228 
of twenty-six dollars for each examination taken, except when a testing 229 
service is used, the testing service shall pay a fee of twenty-six dollars to 230 
the commissioner for each examination taken by an applicant; (B) a fee 231 
of two hundred fifty dollars for each license issued; and (C) a fee of two 232 
hundred fifty dollars for each license renewed; (17) with respect to 233 
surplus lines brokers: (A) An examination fee of twenty dollars for each 234 
examination taken, except when a testing service is used, the testing 235 
service shall pay a fee of twenty dollars to the commissioner for each 236 
examination taken by an applicant; and (B) a fee of six hundred twenty-237 
five dollars for each license issued or renewed; (18) with respect to 238 
fraternal agents, a fee of eighty dollars for each license issued or 239 
renewed; (19) a fee of twenty-six dollars for each license certificate 240 
requested, whether or not a license has been issued; (20) with respect to 241 
domestic and foreign benefit societies shall pay: (A) For service of 242 
process, fifty dollars for each person or insurer to be served; (B) for filing 243 
a certified copy of its charter or articles of association, fifteen dollars; (C) 244 
for filing an annual statement or report, twenty dollars; and (D) for filing 245 
any additional paper required by law, fifteen dollars; (21) with respect 246 
to foreign benefit societies: (A) For each certificate of organization or 247  Substitute Bill No. 1425 
 
 
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compliance, fifteen dollars; (B) for each certified copy of permit, fifteen 248 
dollars; and (C) for each copy of a report or certificate of condition of a 249 
society to be filed in any other state, fifteen dollars; (22) with respect to 250 
reinsurance intermediaries, a fee of six hundred twenty-five dollars for 251 
each license issued or renewed; (23) with respect to life settlement 252 
providers: (A) A filing fee of twenty-six dollars for each initial 253 
application for a license made pursuant to section 38a-465a; and (B) a 254 
fee of forty dollars for each license issued or renewed; (24) with respect 255 
to life settlement brokers: (A) A filing fee of twenty-six dollars for each 256 
initial application for a license made pursuant to section 38a-465a; and 257 
(B) a fee of forty dollars for each license issued or renewed; (25) with 258 
respect to preferred provider networks, a fee of two thousand seven 259 
hundred fifty dollars for each license issued or renewed; (26) with 260 
respect to rental companies, as defined in section 38a-799, a fee of eighty 261 
dollars for each permit issued or renewed; (27) with respect to medical 262 
discount plan organizations licensed under section 38a-479rr, a fee of six 263 
hundred twenty-five dollars for each license issued or renewed; (28) 264 
with respect to pharmacy benefits managers, an application fee of one 265 
hundred dollars for each registration issued or renewed; (29) with 266 
respect to captive insurance companies, as defined in section 38a-91aa, 267 
a fee of three hundred seventy-five dollars for each license issued or 268 
renewed; (30) with respect to each duplicate license issued a fee of fifty 269 
dollars for each license issued; (31) with respect to surety bail bond 270 
agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty 271 
dollars for each initial application for a license, and (B) a fee of one 272 
hundred dollars for each license issued or renewed; (32) with respect to 273 
third-party administrators, as defined in section 38a-720, (A) a fee of five 274 
hundred dollars for each license issued, and (B) a fee of four hundred 275 
fifty dollars for each license renewed; (33) with respect to portable 276 
electronics insurance licenses under section 38a-397, (A) a filing fee of 277 
one hundred dollars for each initial application for a license, (B) a fee of 278 
five hundred dollars for each license issued, and (C) a fee of four 279 
hundred fifty dollars for each license renewed; (34) with respect to 280 
limited lines travel insurance producer licenses under section 38a-398, 281 
(A) a filing fee of one hundred dollars for each initial application for a 282  Substitute Bill No. 1425 
 
 
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license, (B) a fee of six hundred fifty dollars for each license issued, and 283 
(C) a fee of six hundred fifty dollars for each license renewed; (35) with 284 
respect to certified reinsurers, as certified by the commissioner pursuant 285 
to regulations adopted pursuant to section 38a-85, a fee of two thousand 286 
dollars for each certificate issued and renewed; [and] (36) with respect 287 
to reciprocal jurisdiction reinsurers, as defined in regulations adopted 288 
pursuant to section 38a-85, a fee of two thousand dollars for each 289 
certificate issued and renewed; (37) with respect to extended warranty 290 
providers, as defined in section 42-260, as amended by this act, a fee of 291 
one thousand five hundred dollars when filing (A) a rate request with a 292 
filing for any merger, acquisition or change of control, (B) a rate request, 293 
or (C) for any merger, acquisition or change of control; and (38) with 294 
respect to warrantors of vehicle theft protection products, as defined in 295 
section 42-260, as amended by this act, a fee of one thousand five 296 
hundred dollars when filing (A) a rate request with a filing for any 297 
merger, acquisition or change of control, (B) a rate request, or (C) for any 298 
merger, acquisition or change of control. 299 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2025 42-260 
Sec. 2 October 1, 2025 38a-11(a) 
 
INS Joint Favorable Subst.