LCO 1 of 10 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 Section 42-260 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2025): 2 (a) As used in this section: 3 (1) "Extended warranty" means a contract or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 LCO 2 of 10 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 LCO 3 of 10 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 LCO 4 of 10 (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 LCO 5 of 10 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 LCO 6 of 10 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 LCO 7 of 10 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 LCO 8 of 10 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 LCO 9 of 10 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 LCO 10 of 10 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.