Sec. 38a-770. (Formerly Sec. 38-92k). Return of application unaccompanied
by required fees unless the commissioner invoices the fees. Fees deemed earned
when accepted by the commissioner. Whenever the Insurance Commissioner receives
an application for an initial license or license renewal, pursuant to the requirements of
sections 38a-702j, 38a-703 to 38a-718, inclusive, 38a-731 to 38a-735, inclusive, 38a-741 to 38a-745, inclusive, 38a-769, 38a-771 to 38a-777, inclusive, 38a-786, 38a-790,
38a-792 and 38a-794, which is not accompanied by the required fees, the commissioner
shall return such application together with all accompanying fees, unless the commissioner, at the commissioner's discretion, chooses to invoice any such fees not submitted
with the initial or renewal applications. Whenever the Insurance Commissioner receives
an application accompanied by the required fees accepted by the commissioner, all
examination and filing fees are deemed earned.
(P.A. 84-403, S. 1, 3; P.A. 91-29, S. 4, 8; P.A. 94-160. S. 14, 24; P.A. 96-193, S. 33, 36; P.A. 01-113, S. 26, 42; P.A.
02-19, S. 3.)
History: Sec. 38-92k transferred to Sec. 38a-770 in 1991; P.A. 91-29 made technical changes deleting references to
sections repealed by the same act; P.A. 94-160 added a provision excluding the return of examination and filing fees when
an incomplete application for license is received and added a provision outlining that all examination and filing fees are
earned upon submission to the insurance department, effective January 1, 1996; P.A. 96-193 deleted a reference to incomplete applications, deleted an exception for examination and filing fees, deleted a provision making all examination fees
"earned" upon "submission", and added a provision making all examination and filing fees "earned" when "accepted" by
the commissioner, effective June 3, 1996; P.A. 01-113 deleted references to Secs. 38a-702 and 38a-795, and substituted
reference to Sec. 38a-702j for Sec. 38a-783, effective September 1, 2002; P.A. 02-19 added provision re invoice of fees
not submitted with an application, effective September 1, 2002.
Sec. 38a-771. (Formerly Sec. 38-92l). Licensee to notify commissioner of
change in information. Violations. Hearings. Penalties. (a) Any person, firm, partnership, association or corporation holding a license issued pursuant to sections 38a-702j,
38a-703 to 38a-716, inclusive, 38a-731 to 38a-735, inclusive, 38a-741 to 38a-745, inclusive, 38a-769 to 38a-777, inclusive, 38a-786, 38a-790, 38a-792 and 38a-794 or holding
a license in the name of a trade name shall notify the Insurance Commissioner, in writing,
not later than thirty days after any: (1) Change in business or residence address; (2)
change in employer; (3) change in name; or (4) change in licensed members of a firm,
partnership, association or officers of a corporation as stated in the application for license.
(b) Any person, firm, partnership, association or corporation, or any person, firm,
partnership, association or corporation acting as a trade name, holding a license issued
pursuant to sections 38a-702j, 38a-703 to 38a-718, inclusive, 38a-731 to 38a-735, inclusive, 38a-741 to 38a-745, inclusive, 38a-769 to 38a-777, inclusive, 38a-786, 38a-790,
38a-792 and 38a-794, shall notify the Insurance Commissioner, in writing, not later
than thirty days after any bankruptcy proceeding or the conviction of a felony, or any
administrative action taken against such licensee in another state not later than thirty
days after the entering of the administrative order in that state. Such notification shall
be accompanied by all supporting documentation.
(c) If, upon investigation, the commissioner determines that a producer has violated
the provisions of subsection (b) of this section, the commissioner may, following a
hearing as specified in section 38a-774, impose a fine upon and suspend or revoke the
license of the producer.
(P.A. 87-20; P.A. 91-29, S. 5, 8; P.A. 94-160, S. 15, 24; P.A. 01-113, S. 21, 42.)
History: Sec. 38-92l transferred to Sec. 38a-771 in 1991; P.A. 91-29 made technical changes deleting references to
sections repealed by the same act; P.A. 94-160 applied Subsec. (a) to persons, firms, partnerships, associations or corporations holding a license in the name of a trade name, added new Subsec. (b) requiring certain entities to notify the insurance
commissioner in writing, within thirty days of any bankruptcy proceeding, conviction of a felony or any other administrative
action and added new Subsec. (c) re penalties for violations of Subsec. (b), effective January 1, 1996; P.A. 01-113 deleted
references to Secs. 38a-702, 38a-717 and 38a-795, substituted references to Sec. 38a-702j for Sec. 38a-783, and substituted
"not later than thirty days after" for "within thirty days of" in Subsecs. (a) and (b), and substituted "the commissioner" for
"he" in Subsec. (c), effective September 1, 2002.
Sec. 38a-772. (Formerly Sec. 38-87). Wilful misrepresentation in license application. Penalty. Any person wilfully misrepresenting any fact required to be disclosed
in any application or in any other form, paper or document required to be filed with the
commissioner in connection with an application for any license issued by the commissioner pursuant to sections 38a-702j, 38a-703 to 38a-718, inclusive, 38a-731 to 38a-735. inclusive, 38a-741 to 38a-745, inclusive, 38a-769 to 38a-777, inclusive, 38a-786,
38a-790, 38a-792 and 38a-794 shall be fined not more than five hundred dollars or
imprisoned not more than six months or both.
(1949 Rev., S. 6072; P.A. 78-19; P.A. 91-29, S. 6, 8; P.A. 01-113, S. 27, 42.)
History: P.A. 78-19 replaced specific reference to applications for agent's, broker's, public adjuster's or casualty adjuster's licenses with general reference to licenses issued pursuant to chapter 677; Sec. 38-87 transferred to Sec. 38a-772 in
1991; P.A. 91-29 made technical changes deleting references to sections repealed by the same act; P.A. 01-113 deleted
references to Secs. 38a-702 and 38a-795, and substituted reference to Sec. 38a-702j for Sec. 38a-783, effective September
1, 2002.
Sec. 38a-773. (Formerly Sec. 38-88). Impersonation in taking examination.
Any person impersonating or attempting or offering to impersonate another person in
taking or attempting or offering to take any examination held in accordance with the
regulations of the Insurance Department, or procuring any other person falsely to take
or attempt or offer to take any such examination for an applicant for a license, shall be
fined not more than five hundred dollars or imprisoned not more than six months or both.
(1949 Rev., S. 6073; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 288, 345, 348; P.A. 90-243, S. 38.)
History: P.A. 77-614 made insurance department a division of the department of business regulation, effective January
1, 1979; P.A. 80-482 restored insurance division as an independent department and abolished the department of business
regulation; P.A. 90-243 replaced specific reference to examinations for insurance agent's, broker's, public adjuster's or
casualty adjuster's licenses with a general reference to "license"; Sec. 38-88 transferred to Sec. 38a-773 in 1991.
Sec. 38a-774. (Formerly Sec. 38-74). Suspension or revocation of license. Fine.
Appeal. (a) The commissioner, after reasonable notice to and hearing of any holder of
a license issued by the commissioner, may suspend or revoke the license for cause
shown. In addition to or in lieu of suspension or revocation, the commissioner may
impose a fine not to exceed one thousand dollars. Hearings may be held by the commissioner or by any person designated by the commissioner. Whenever a person other than
the commissioner acts as the hearing officer, he shall submit to the commissioner a
memorandum of his findings and recommendations upon which the commissioner may
base his decision.
(b) If an insurance license held by a firm, association or corporation is revoked, the
insurance licenses of any principal of such firm or association or any officer or director
of such corporation shall be revoked, unless the commissioner determines that such
principal, officer or director was not personally at fault in the matter on account of which
such license held by the firm, association or corporation was revoked.
(c) Any person aggrieved by the action of the commissioner in revoking, suspending
or refusing to grant or reissue a license or in imposing a fine may appeal therefrom in
accordance with the provisions of section 4-183, except venue for such appeal shall be
in the judicial district of New Britain. Appeals under this section shall be privileged in
respect to the order of trial assignment.
(1949 Rev., S. 6061; 1963, P.A. 36; 1967, P.A. 158; 1971, P.A. 870, S. 97; P.A. 76-436, S. 631, 681; P.A. 77-603, S.
114, 125; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-243, S. 31; P.A. 93-142, S. 4, 7, 8; P.A.
94-160, S. 16, 24; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)
History: 1963 act specified that commissioner or his designee may hold hearings and that petitions are privileged in
respect to order of trial assignment; 1967 act allowed imposition of one thousand dollar fine and required hearing officer
to submit memorandum of findings and recommendations upon which commissioner may base his decision; 1971 act
replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending
retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior
court, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions with provision requiring appeals
to be made in accordance with Sec. 4-183 but retaining venue in Hartford county; P.A. 78-280 replaced "Hartford county"
with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with
"judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from
September 1, 1991, to September 1, 1993; P.A. 90-243 made technical correction for clarity to indicate that the commissioner
issues the licenses, substituted "the" for "such" and substituted "hearings" for "such hearings"; Sec. 38-74 transferred to
Sec. 38a-774 in 1991; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1,
1996, effective June 14, 1993; P.A. 94-160 inserted new Subsec. (b) requiring that if any insurance license held by a firm,
association or corporation is revoked, the licenses of the principals of such firm or association shall also be revoked and
relettered the former Subsec. (b) to (c), effective June 2, 1994; P.A. 95-220 changed the effective date of P.A. 88-230 from
September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with
"judicial district of New Britain" in Subsec. (c), effective June 29, 1999.
See Sec. 38a-713 re penalty for signing or countersigning insurance policies in blank.
Sec. 38a-775. (Formerly Sec. 38-72a). Sale of annuities or insurance by banks,
out-of-state banks or their subsidiaries. Sale by licensed insurance producers of
annuities or insurance recommended or sponsored by or on the premises of banks,
out-of-state banks or their subsidiaries. (a) As used in this section:
(1) "Bank" has the same meaning as set forth in section 36a-2, but does not include
a trust company that does not accept federally insured deposits and does not engage in
insurance sales or solicitation activities, either directly or indirectly through a third-party
marketing organization, that would require such trust company to obtain an insurance
producer's license under the laws of this state;
(2) "Out-of-state bank" has the same meaning as set forth in section 36a-2, provided
the institution (A) maintains in this state a branch, as defined in section 36a-410, or (B)
engages in insurance sales or solicitation activities, either directly or indirectly through
a third-party marketing organization, that would require the institution to obtain an
insurance producer's license under the laws of this state, but does not include a trust
company that does not accept federally insured deposits and does not engage in insurance
sales or solicitation activities, either directly or indirectly through a third-party marketing organization, that would require such trust company to obtain an insurance producer's license under the laws of this state;
(3) "Subsidiary" has the same meaning as set forth in section 36a-2;
(4) "Insurance" has the same meaning as set forth in section 38a-1, but does not
include title insurance;
(5) "Customer" means any person who establishes a deposit, trust, investment, loan
or credit account with a bank, out-of-state bank or subsidiary of such bank or out-of-state bank;
(6) "Insurance information" means copies of, or the information contained in, insurance policies, binders, rates, declaration pages and expiration dates that are acquired by
a bank, out-of-state bank or subsidiary of such bank or out-of-state bank in connection
with its lending activities; and
(7) "Insurance producer" has the same meaning as set forth in section 38a-702a.
(b) Any bank, out-of-state bank or subsidiary of such bank or out-of-state bank
engaged in the sale of annuities or life insurance in this state, or any licensed insurance
producer that sells annuities or life insurance recommended or sponsored by or on the
premises in this state of a bank, out-of-state bank or subsidiary of such bank or out-of-state bank, shall disclose in writing prior to or at the time an annuity or life insurance
product is purchased, in any advertisement or promotional material soliciting sales of
annuities or life insurance products, and orally during any sales presentation, that any
annuity or life insurance product offered, recommended, sponsored or sold (1) is not a
deposit, (2) is not insured by the Federal Deposit Insurance Corporation, (3) is not
guaranteed by the bank or out-of-state bank, and (4) where appropriate, involves investment risk, including potential loss of principal. Any bank, out-of-state bank or subsidiary
of such bank or out-of-state bank that does not accept insured deposits shall not be
required to provide the disclosures required by subdivisions (1), (2) and (3) of this
subsection.
(c) (1) No bank, out-of-state bank or subsidiary of such bank or out-of-state bank
engaged in the sale of annuities or insurance in this state, and no licensed insurance
producer that sells annuities or insurance recommended or sponsored by or on the premises in this state of a bank, out-of-state bank or subsidiary of such bank or out-of-state
bank, may require or imply that a customer or prospective customer must purchase an
annuity or insurance policy from such bank, out-of-state bank or subsidiary of such bank
or out-of-state bank as a condition to receiving any other product or service offered by
such bank, out-of-state bank or subsidiary of such bank or out-of-state bank. For purposes of this subdivision, "other product or service" does not include financing in connection with insurance products being offered or sold.
(2) Any bank, out-of-state bank or subsidiary of such bank or out-of-state bank that
makes loans or other extensions of credit and engages in the sale of insurance in this
state, or any licensed insurance producer that sells annuities or insurance recommended
or sponsored by or on the premises in this state of a bank, out-of-state bank or subsidiary
of such bank or out-of-state bank, shall disclose to customers, in connection with a loan
or other extension of credit where insurance is offered by such bank, out-of-state bank
or subsidiary of such bank or out-of-state bank, that insurance may be purchased from
an insurance producer of the customer's choice and that the customer's choice of another
insurance producer shall not affect the credit decision of the bank, out-of-state bank or
subsidiary of such bank or out-of-state bank. For purposes of this subdivision, "loan or
extension of credit" does not include financing in connection with insurance products
being offered or sold.
(3) If any insurance, other than credit life and disability insurance, is required as a
condition of obtaining a loan from any bank, out-of-state bank or subsidiary of such
bank or out-of-state bank that makes loans or other extensions of credit and engages in
the sale of insurance in this state, the credit transaction and the insurance transaction
shall be completed independently and through separate documents.
(d) (1) No bank, out-of-state bank or subsidiary of such bank or out-of-state bank
engaged in the sale of annuities or insurance in this state may provide any financial
records, as defined in section 36a-41, to any person for the purpose of selling annuities
or insurance without the prior written consent of the customer to whom such financial
records pertain.
(2) No bank, out-of-state bank or subsidiary of such bank or out-of-state bank engaged in the sale of annuities or insurance in this state may use any insurance information
to solicit or sell insurance to customers, or provide any insurance information to a third
party in connection with the third party's solicitation or sale of insurance to customers,
without the prior written consent of the customer to whom such insurance information
pertains.
(e) The Insurance Commissioner, in consultation with the Banking Commissioner,
may adopt regulations, in accordance with chapter 54, to carry out the provisions of this
section. Nothing in this section shall be construed to limit the regulatory jurisdiction of
the Insurance Commissioner over the sale of insurance in this state.
(P.A. 73-264, S. 1-3; P.A. 77-614, S. 163, 610; P.A. 80-256, S. 1; 80-482, S. 285, 345, 348; P.A. 90-243, S. 30; P.A.
93-236, S. 6; P.A. 96-39, S. 2, 3; P.A. 97-317, S. 3, 4; P.A. 01-113, S. 28, 42; P.A. 03-84, S. 29.)
History: P.A. 77-614 placed insurance commissioner within the department of business regulation and made insurance
department a division within that department, effective January 1, 1979; P.A. 80-256 inserted new Subsec. (c), relettering
former Subsec. (c) accordingly; P.A. 80-482 restored insurance commissioner and division to prior independent status and
abolished the department of business regulation; P.A. 90-243 referenced the definition of "affiliate" as defined in the
general definition section and made technical corrections for statutory consistency; Sec. 38-72a transferred to Sec. 38a-775 in 1991; P.A. 93-236 amended Subsec. (c) to authorize the licensing and sale of life insurance by certain nonbank
banks; P.A. 96-39 inserted new Subsec. (d) re annuity sales to let the commissioner license banks and their affiliates,
officers and employees, and to require the commissioner to adopt prescribed regulations, relettering existing Subsec. as
(e), effective May 2, 1996; P.A. 97-317 replaced former provisions with new Subsecs. (a) to (e), inclusive, re sale of
annuities or insurance by or on the premises of banks, out-of-state banks or their subsidiaries, effective July 8, 1997; P.A.
01-113 amended definition of "insurance producer" in Subdiv. (a)(7) to substitute "section 38a-702a" for "section 38a-702", effective September 1, 2002; P.A. 03-84 changed "Commissioner of Banking" to "Banking Commissioner" in
Subsec. (e), effective June 3, 2003.
Annotations to former section 38-72a:
Grandfather clauses of statute do not impose requirement of "continuous licensure". 209 C. 175, 176, 178, 179, 182, 183.
Subsec. (b):
Cited. 209 C. 175-177, 179-184.
Subsec. (c):
Cited. 209 C. 175-177, 179-184.
Sec. 38a-776. (Formerly Sec. 38-92e). Appeal. Any person aggrieved by the action of the commissioner in revoking, suspending or refusing to grant or reissue a license
may appeal therefrom in accordance with the provisions of section 4-183, except venue
for such appeal shall be in the judicial district of New Britain. Appeals under this section
shall be privileged in respect to the order of trial assignment.
(1969, P.A. 817, S. 3; P.A. 77-603, S. 116, 125; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A.
93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)
History: P.A. 77-603 replaced previous detailed appeal provisions with provision requiring that appeals be made in
accordance with Sec. 4-183 but retaining venue in Hartford county and privilege re order of trial; P.A. 78-280 replaced
"Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; Sec. 38-92e transferred to Sec. 38a-776 in 1991; P.A. 93-142
changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A.
95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995;
P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999.
Sec. 38a-777. (Formerly Sec. 38-86). Penalty. Any licensee under sections 38a-741 to 38a-744, inclusive, 38a-777 and 38a-794 who negotiates, continues or renews
any contract for insurance in any unauthorized company, and who neglects to make and
file the affidavit and statements required by said sections, or who wilfully makes a false
affidavit or statement, or who negotiates, continues or renews any such contract of
insurance after the revocation or during the suspension of the licensee's license, shall
forfeit the license if not previously revoked and shall be fined not more than five hundred
dollars or imprisoned not more than six months or both.
(1953, S. 2807d; P.A. 01-113, S. 38, 42.)
History: Sec. 38-86 transferred to Sec. 38a-777 in 1991; P.A. 01-113 deleted reference to Sec. 38a-795 and made
technical changes for the purpose of gender neutrality, effective September 1, 2002.
Secs. 38a-778 to 38a-781. Reserved for future use.
PART II
INSURANCE PRODUCERS
Sec. 38a-782. Producers license to indicate lines of authority. Conduct required of applicants and producers. (a) A producer license shall indicate the lines of
authority granted to the applicant by examination qualification.
(b) An applicant for a license as an insurance producer shall hold himself or herself
out to the public in good faith and the license shall not be used or intended to be used
principally for the purpose of obtaining commissions on policies or bonds on which the
producer, on the producer's own account, pays or is to pay the premium or on which the
premiums are paid or are to be paid by the producer's spouse, the producer's employer,
whether or not the producer's employment is on a part or full-time basis, or any corporation of which the producer has stock control, or of which the stock control is held by any
combination of himself or herself, the producer's employer and the producer's spouse. If
the premiums on policies or bonds intended to be written, or written, by any such applicant for the general public do not exceed nine times the premiums on policies or bonds
intended to be written, or written, by the producer for the purpose of obtaining commissions on premiums paid or to be paid by the producer, the producer's spouse, the producer's employer and any corporation of which the producer has stock control or of which
the stock control is held by any combination of himself or herself, the producer's spouse
and the producer's employer, as aforesaid, it shall be conclusively presumed that the
license is intended to be used or is being used principally for such purpose.
(P.A. 90-243, S. 27; P.A. 92-60, S. 27; P.A. 94-160, S. 17, 24; P.A. 99-45, S. 2; 99-53; P.A. 01-113, S. 22, 42.)
History: P.A. 92-60 amended Subsec. (b) by adding Subdiv. (12) to allow the commissioner to waive the requirements
of examination of any applicant of a miscellaneous line of insurance designated by him through regulations; P.A. 94-160
amended Subsec. (a) to require insurance "producers" to submit a written application to the commissioner, inserted new
Subsec. (b) requiring the producer license to indicate the lines of authority which were granted to the applicant by the
examination qualifications, inserted new Subsec. (c) requiring that a producer's authority to act as an agent be activated
only after the producer receives an actual appointment from each insurer he will represent, and relettered the remaining
Subsecs. accordingly, substituting "producer" for "agent or broker" to accurately reflect the modernization and nomenclature of the industry, effective January 1, 1996; P.A. 99-45 amended Subsec. (d) to substitute, re granting a license if
nonresident applicant holds an equivalent license, "from any other state" for "from the state in which the applicant resides",
and amended Subsec. (e) to delete exception of twenty hours for the line of variable products and add "No additional course
or examination shall be required for the line of variable products."; P.A. 99-53 amended Subsec. (c) to change time when
the producer is authorized to act as agent from time when producer receives written appointment from the insurer to the
date the insurer's authorized licensing representative signs appointment form, subject to provisos re mailing and proof
thereof, unless the commissioner determines the appointment is invalid, made the insurer responsible for actions of producer
re the appointment and defined "authorized licensing representative"; P.A. 01-113 deleted Subsec. (a) re applications,
Subsec. (c) re authority to act as agent, and Subsecs. (d) and (e) re examinations, redesignated Subsec. (b) as Subsec. (a)
and Subsec. (f) as Subsec. (b), and made technical changes for purposes of gender neutrality in redesignated Subsec. (b),
effective September 1, 2002.
Sec. 38a-782a. Regulations concerning continuing education requirements.
The commissioner may adopt regulations in accordance with chapter 54 relating to the
establishment of continuing education requirements for persons licensed as insurance
producers, provided the commissioner shall suspend such requirements for any person
who is a public official during the period such person serves as a public official, if the
person is prohibited from selling insurance during that period. As used in this section,
"public official" means any state-wide elected officer, any member or member-elect of
the General Assembly, or a senator or representative in Congress.
(P.A. 94-160, S. 22, 24; P.A. 00-105, S. 1, 5; P.A. 02-24, S.8.)
History: P.A. 94-160 effective June 2, 1994; P.A. 00-105 required the commissioner to suspend the continuing education
requirements for certain public officials, and made technical changes, effective July 1, 2000; P.A. 02-24 substituted "insurance producers" for "an insurance producer".
Sec. 38a-783. (Formerly Sec. 38-76). Temporary producer's license. Section
38a-783 is repealed, effective September 1, 2002.
(1949 Rev., S. 6067, 6068, 6069; P.A. 94-160, S. 18, 24; P.A. 01-113, S. 41, 42.)
Sec. 38a-784. Renewal of license. (a) Any license issued for an insurance producer
by the commissioner shall be in force only until the first day of February in each even-numbered year, but may be renewed by the commissioner, in the commissioner's discretion and without formality other than proper application and satisfactory proof that
such applicant at that time possesses the required qualifications for license and that the
issuance of such license will not be contrary to the licensing provisions of this title,
provided any producer's license issued by the commissioner, except a temporary producer's license provided for in section 38a-702j, shall continue in force until cancelled,
suspended or revoked and provided the insurance company represented by any licensee
or licensees shall furnish the commissioner, prior to May first, biennially, the names of
its agents whose appointments it wishes to continue. The fees for producer licenses and
agent appointments shall be assessed biennially as provided in section 38a-11.
(b) Prior to May first of even-numbered years insurance companies represented
by any licensees shall furnish the commissioner with the names of its agents whose
appointments they wish to continue.
(c) The commissioner may implement a plan of renewal for agent appointments
that provides for a more efficient process. Upon implementation of such a process by
the commissioner, the procedures outlined in subsections (a) and (b) of this section shall
be superseded.
(d) Any insurance company which cancels or nonrenews an appointment of any
agent or any agency shall notify the Insurance Department, the agent and the agency,
in writing, within thirty days of any such cancellation or nonrenewal. Any termination
of an agent appointment shall be on a form as prescribed by the commissioner. Nothing
in this subsection shall alter the requirements specified in section 38a-709.
(e) Any insurance producer license may be renewed by the commissioner, provided
such applicant has satisfied the continuing education requirements pursuant to section
38a-782a.
(P.A. 90-243, S. 28; P.A. 94-160, S. 19, 24; P.A. 95-136, S. 5, 8; P.A. 99-45, S. 3; P.A. 01-113, S. 39, 42.)
History: P.A. 94-160 (1) designated existing provisions as Subsec. (a), substituting "producer" for "agent or insurance
broker" to accurately reflect the modernization and nomenclature of the industry, changing license expiration date from
"May" to "February" and making technical changes, effective January 1, 1996, (2) added Subsec. (b) re continuation of
appointments, effective January 1, 1996, (3) added new Subsec. (c) allowing the commissioner to implement a plan of
renewal for agent appointments, effective June 2, 1994, (4) added new Subsec. (d) requiring any insurer which cancels or
nonrenews an appointment to notify the insurance department in writing within thirty days, effective June 2, 1994, and
(5) added new Subsec. (e) re continuing education requirement, effective January 1, 1996 (Revisor's note: In codifying
this double section the Revisors designated the existing section as Subsec. (a) and then added Subsecs. (c) and (d) from
P.A. 94-160, designating them Subsecs. (b) and (c) respectively, since those Subsecs. were effective June 2, 1994. The
Revisors also deleted editorially a reference in the newly designated Subsec. (b) to "and (b)" since that reference is only
relevant to the second version of this section, effective January 1, 1996. The above-mentioned Subsecs. (c) and (d) are
included in the second version of this section and designated (c) and (d) as enacted); P.A. 95-136 in Subsec. (a) substituted
"issued for" for "issued by", effective January 1, 1996; P.A. 99-45 amended Subsec. (a) to substitute "appointments" for
"licenses" re names furnished to commissioner of agents whose appointments the company wishes to continue; P.A. 01-113 amended Subsec. (a) to substitute reference to Sec. 38a-702j for Sec. 38a-783, and "the commissioner's" for "his",
effective September 1, 2002.
Sec. 38a-784a. Expiration of agent and broker insurance licenses. All insurance agent and insurance broker licenses in effect prior to January 1, 1996, shall expire
on January 31, 1996.
(P.A. 95-136, S. 1, 8.)
History: P.A. 95-136 effective June 7, 1995.
Sec. 38a-785. Reserved for future use.
PART III
CERTIFIED INSURANCE CONSULTANTS
Sec. 38a-786. (Formerly Sec. 38-92d). Application for license. Standards for
issuance. Fee. Revocation or suspension. Hearing. (a) The commissioner may, upon
receipt of the fee specified in section 38a-11, issue to any person who has attained the
age of eighteen a license to act as a certified insurance consultant. The applicant for the
license shall file with the commissioner a written application pursuant to section 38a-769, in such manner and form as the commissioner shall prescribe, stating the line or
lines of insurance for which the applicant desires such a license. The commissioner may
waive the requirement of an examination for a license to act as a certified insurance
consultant for (1) property and casualty insurance in the case of any applicant who has
been awarded the professional designation of Chartered Property and Casualty Underwriter, Certified Insurance Counselor or Accredited Advisor in Insurance in the property
and casualty line; (2) life and accident insurance in the case of any applicant who has
been awarded the professional designation of Chartered Life Underwriter; and (3) all
lines of insurance in the case of any applicant who has been awarded the professional
designations of Chartered Property and Casualty Underwriter and Chartered Life Underwriter. The commissioner may waive the examination for any applicant for a license to
act as a certified insurance consultant who at any time within two years next preceding
the date of application has been licensed in this state under a license of the same type
as the license applied for.
(b) Any license issued to act as a certified insurance consultant shall be in force
until the thirtieth day of September in each odd-numbered year unless sooner revoked
or suspended. The license may, in the discretion of the commissioner, be renewed biennially upon payment of the fee specified in section 38a-11.
(c) The commissioner may at any time require such information as he deems necessary in respect to the business methods, policies and transactions of a licensee under
this section. Any person who fails or refuses to furnish the commissioner, in such form
as he may require, any such information within ten days after receiving a written request
therefor shall be fined not less than fifty nor more than five hundred dollars.
(1969, P.A. 817, S. 2; 1971, P.A. 292, S. 2; 1972, P.A. 127, S. 62; P.A. 77-614, S. 163, 610; P.A. 78-56; P.A. 80-482,
S. 291, 345, 348; P.A. 82-96, S. 4, 8; P.A. 89-251, S. 182, 203; P.A. 90-243, S. 41; P.A. 94-160, S. 20, 24.)
History: 1971 act substituted reference to Sec. 38-92i for reference to Sec. 38-92j, "person" for "resident of this state"
and specified licensure as "certified" insurance consultant; 1972 act required that licensee be at least eighteen rather than
twenty-one, reflecting changed age of majority; P.A. 77-614 placed insurance commissioner within the department of
business regulation and made insurance department a division within that department, effective January 1, 1979; P.A. 78-56 required that application include statement of line or lines of insurance for which applicant desires license and added
provisions re waiver of license examination; P.A. 80-482 restored insurance commissioner and division to prior independent
status and abolished the department of business regulation; P.A. 82-96 required biennial rather than annual renewal for
certified insurance consultants' licenses and specified fee payment of one hundred dollars, effective June 1, 1983; P.A.
89-251 increased the application fee from fifty dollars to two hundred dollars, increased the examination and reexamination
fees from ten dollars to thirteen dollars, and increased the renewal fee from one hundred dollars to one hundred twenty-five dollars; P.A. 90-243 divided section into Subsecs., made technical corrections to Subsec. (a) re licensing requirement
by enumerating the section numbers for licensure and fees, added a provision allowing the insurance commissioner, in his
discretion, to waive the examination requirement of a certified insurance consultant if the applicant has previously held a
license of the same type and amended the provision requiring a biennial rather than an annual renewal for certified insurance
consultants licenses and deleted the reference to payment of a hundred-dollar fee; Sec. 38-92d transferred to Sec. 38a-786
in 1991; P.A. 94-160 amended Subsec. (a) to authorize waiver of examination for accredited advisors in insurance, effective
January 1, 1996.
Sec. 38a-787. Reserved for future use.
PART IV
PUBLIC ADJUSTERS
Sec. 38a-788. License. Examination. (a) The commissioner may waive the requirement of examination set out in section 38a-769, in the case of (1) any applicant
for a public adjuster's license who is a nonresident of this state and who is licensed as
a public adjuster in any other state and (2) any applicant who at any time within two
years next preceding the date of application has been licensed in this state under a license
of the same type as the license applied for.
(b) Each applicant for a public adjuster's license shall, before being admitted to
such examination, prove to the satisfaction of the commissioner that he has successfully
completed a course approved by the commissioner requiring not less than forty hours
covering property insurance policies and forms.
(c) Any license to be a public adjuster issued by the commissioner shall be in force
only until the first day of May in each even-numbered year unless sooner revoked or
suspended. The license may be renewed upon payment of the license fee specified in
section 38a-11.
(d) The commissioner may adopt such regulations in accordance with the provisions
of chapter 54, as he deems necessary, with respect to the form and manner of filing of
application for license as a public adjuster and the issuance, suspension and revocation
of such licenses and the conduct of hearings in connection therewith, the manner in
which public adjusters shall conduct their business, including limitations on fees which
may be charged, and the form of the employment contract between a public adjuster
and a client. The use of such contract shall be mandatory. Such contract shall contain
a provision specifying that the client may cancel the contract, provided he notifies the
public adjuster at his main office or branch office at the address shown in the contract,
by certified mail, return receipt requested, posted not later than midnight of the second
calendar day after the day on which the client signs the contract, except that if the
signing is on a Friday, Saturday or Sunday, the cancellation shall be posted not later
than midnight of the Tuesday immediately following, and thereafter the contract shall
be void ab initio.
(P.A. 90-243, S. 29; P.A. 99-45, S. 4.)
History: P.A. 99-45 amended Subsec. (a) to substitute, re licensed public adjuster, "in any other state" for "in the state
in which he resides".
Sec. 38a-789. Reserved for future use.
PART V
MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS
Sec. 38a-790. (Formerly Sec. 38-92b). Licensing of motor vehicle physical
damage appraisers. (a) No person shall act as an appraiser for motor vehicle physical
damage claims on behalf of any insurance company or firm or corporation engaged in
the adjustment or appraisal of motor vehicle claims unless such person has first secured
a license from the Insurance Commissioner, and has paid the license fee specified in
section 38a-11, for each two-year period or fraction thereof. The license shall be applied
for as provided in section 38a-769. The commissioner may waive the requirement for
examination in the case of any applicant for a motor vehicle physical damage appraiser's
license who is a nonresident of this state and who holds an equivalent license from any
other state. Any such license issued by the commissioner shall be in force until the
thirtieth day of June in each odd-numbered year unless sooner revoked or suspended.
The license may, in the discretion of the commissioner, be renewed biennially upon
payment of the fee specified in section 38a-11. The commissioner may adopt reasonable
regulations concerning standards for qualification, suspension or revocation of such
licenses and the methods by which licensees shall conduct their business.
(b) Any person who violates any provision of this section shall be fined not more
than five hundred dollars or imprisoned not more than one year or both.
(c) Any person who has been engaged in the business of motor vehicle physical
damage appraising for a period of two consecutive years immediately prior to July 1,
1968, shall be granted a license upon application with no further qualifications. The
commissioner may waive the examination required under section 38a-769, in the case
of an applicant who at any time within two years next preceding the date of application
has been licensed in this state under a license of the same type as the license applied for.
(d) For purposes of this section and section 38a-769:
(1) "Motor vehicle" is defined as provided in section 14-1;
(2) "Motor vehicle physical damage appraiser" means any person, partnership, association, limited liability company or corporation which practices as a business the
appraising of damages to motor vehicles insured under automobile physical damage
policies or on behalf of third party claimants.
(1967, P.A. 526, S. 1, 2; 1969, P.A. 489; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 290, 348; P.A. 82-96, S. 3, 8; P.A.
90-243, S. 40; P.A. 95-79, S. 148, 189; P.A. 98-98, S. 6; P.A. 99-45, S. 5; P.A. 04-217, S. 32.)
History: 1969 act raised license fee from ten to twenty dollars and added provisions re examination and examination
fee; P.A. 77-614 placed insurance commissioner within the department of business regulation and made the insurance
department a division of said department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner and
division to prior independent status and abolished the department of business regulation; P.A. 82-96 amended Subsec. (a)
to require biennial rather than annual renewal for motor vehicle physical damage appraisers' licenses and accordingly
doubled the license fee, effective June 1, 1983; P.A. 90-243 in Subsec. (a) made technical changes re licensing requirement
by enumerating the section numbers for licensure and fees, added a new Subsec. (b) and renumbered the remaining Subsecs.,
added a provision allowing the insurance commissioner, in his discretion, to waive the examination requirement if the
applicant has previously had a license of the same type and added definitions for "motor vehicle" and "motor vehicle
physical damage appraiser"; Sec. 38-92b transferred to Sec. 38a-790 in 1991; P.A. 95-79 redefined "motor vehicle physical
damage appraiser" to include a limited liability company, effective May 31, 1995; P.A. 98-98 amended Subsec. (a) to
allow the commissioner to waive the examination requirement for nonresident applicants licensed in another state; P.A.
99-45 amended Subsec. (a) to substitute, re granting a license if nonresident applicant holds an equivalent license, "from
any other state" for "from the state in which the applicant resides"; P.A. 04-217 amended Subsec. (d)(1) to eliminate
reference to Sec. 14-1(30), effective January 1, 2005.
See Sec. 38a-354 re prohibition against designating where repairs are or are not to be made.
Sec. 38a-791. Reserved for future use.
PART VI
CASUALTY CLAIM ADJUSTERS
Sec. 38a-792. (Formerly Sec. 38-77). Casualty claim adjusters. Attorneys exempted. (a) No person may act as an adjuster of casualty claims for any insurance
company or firm or corporation engaged in the adjustment of casualty claims unless
such person has first secured a license from the commissioner, and has paid the license
fee specified in section 38a-11, for each two-year period or fraction thereof. Application
for such license shall be made as provided in section 38a-769. The commissioner may
waive the requirement for examination in the case of any applicant for a casualty claims
adjuster's license who is a nonresident of this state and who holds an equivalent license
from any other state. Any such license issued by the commissioner shall be in force
until the thirtieth day of June in each odd-numbered year unless sooner revoked or
suspended. The license may, in the discretion of the commissioner, be renewed biennially upon payment of the fee specified in section 38a-11. The commissioner may waive
the examination required under section 38a-769, in the case of an applicant who at any
time within two years next preceding the date of application has been licensed in this
state under a license of the same type as the license applied for.
(b) The commissioner may prescribe reasonable regulations governing the licensing
of casualty adjusters and the adjustment of casualty claims.
(c) Any person who violates any provision of this section shall be fined not more
than two hundred dollars or imprisoned not more than one year or both.
(d) The provisions of this section shall not apply to any member of the bar of this
state in good standing who is engaged in the general practice of the law.
(1949 Rev., S. 6070; 1955, S. 2790d; 1959, P.A. 621, S. 1; 1969, P.A. 488; P.A. 82-96, S. 2, 8; P.A. 90-243, S. 34;
P.A. 98-98, S. 7; P.A. 99-45, S. 6.)
History: 1959 act raised license fee to $10; 1969 act raised license fee to twenty dollars and added provisions re
examination and examination fee; P.A. 82-96 required biennial rather than annual renewal for casualty claim adjusters'
licenses and accordingly doubled the license fee, effective June 1, 1983; P.A. 90-243 divided section into Subsecs., substituted "may" for "shall", added provision re licensing application in accordance with Sec. 38a-769 and provisions re suspension or revocation of licenses and discretionary biennial renewal of casualty claim adjusters licenses, deleting provision
requiring ten-dollar examination fee; Sec. 38-77 transferred to Sec. 38a-792 in 1991; P.A. 98-98 amended Subsec. (a) to
allow the commissioner to waive the examination requirement for nonresident applicants licensed in another state; P.A.
99-45 amended Subsec. (a) to substitute, re granting a license if nonresident applicant holds an equivalent license, "from
any other state" for "from the state in which the applicant resides".
Sec. 38a-793. Reserved for future use.
PART VII
SURPLUS LINES BROKERS
Sec. 38a-794. (Formerly Sec. 38-78). Surplus lines broker's license. Regulations re unauthorized insurers. (a) Any applicant for a surplus lines broker's license
shall be a person, firm, association or corporation who or which is domiciled and maintains an office in this state or a nonresident who or which desires to act within this state,
and is licensed as an insurance producer. A surplus lines broker's license shall authorize
the licensee to procure, from insurers not authorized to transact business in this state,
subject to the restrictions herein provided, policies of insurance against loss from any
contingency as provided by the insurance laws of this state, except any insurance coverage which can be placed through a residual market mechanism, as defined in subsection
(x) of section 38a-976.
(b) At the time of application for a surplus lines broker's license, the applicant shall
pay to the commissioner the fee specified in section 38a-11. Any such license issued
shall be in force until September thirtieth of the next even-numbered year unless sooner
revoked or suspended. The license may, in the discretion of the commissioner, be renewed for the ensuing period of twenty-four months upon payment of the fee specified
in section 38a-11.
(c) The commissioner may waive the examination required under section 38a-769,
in the case of an applicant who at any time within two years next preceding the date of
application has been licensed in this state under a license of the same type as the license
applied for.
(1953, 1955, S. 2799d; 1961, P.A. 8; 1967, P.A. 28; 157; 1971, P.A. 441; 870, S. 98; P.A. 76-436, S. 632, 681; P.A.
77-603, S. 115, 125; P.A. 78-280, S. 5, 127; P.A. 85-102, S. 1; P.A. 88-230, S. 1, 12; P.A. 89-251, S. 182, 203; P.A. 90-87, S. 1; 90-243, S. 35; P.A. 94-160, S. 21, 24; P.A. 95-136, S. 6, 8.)
History: 1961 act added licensed insurance brokers to the persons who may be licensed as excess line brokers; 1967
acts made provisions applicable to person, firm, etc. domiciled "and" maintaining office in state rather than domiciled "or"
maintaining such office and deleted provision making commissioner's power under section "subject to section 38-23" and
replaced previous provision authorizing suspension or revocation of license if commissioner judges such action "will best
promote the interests of the people of this state" with more detailed provisions re hearings, appeals, etc. and authorizing
imposition of fine; 1971 acts made previous provisions Subsecs. (a) and (c) inserting new Subsec. (b) re commissioner's
regulation power and replaced superior court with court of common pleas, effective September 1, 1971, except that courts
with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common
pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions with provision
requiring that appeals be made in accordance with Sec. 4-183 but retained venue in Hartford county and privilege re order
of trial; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 85-102 amended
Subsec. (a) to change reference to "assigned risk plan" to "residual market mechanism"; P.A. 88-230 replaced "judicial
district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 89-251 established
a fee for eligible surplus lines insurers of sixty-three dollars; P.A. 90-87 amended Subsec. (a) to differentiate between a
resident excess lines broker and a nonresident excess lines broker and to allow the commissioner to issue an excess lines
broker's license to a nonresident excess lines broker; P.A. 90-243 substituted "surplus lines broker" for "excess lines
broker", deleted Subsecs. (b) and (c) re commissioner's powers and appeal procedure and added new Subsecs. (b) and (c)
re licensing of surplus lines brokers and a waiver of examination which is at the discretion of the insurance commissioner;
Sec. 38-78 transferred to Sec. 38a-794 in 1991; P.A. 94-160 substituted "producer" for "agent or insurance broker" to
accurately reflect the modernization and nomenclature of the industry, effective January 1, 1996; P.A. 95-136 amended
Subsec. (b) to change the duration of surplus lines broker's license from two years from the date of its issuance to September
thirtieth of the next even-numbered year, effective January 1, 1996.
Annotation to former section 38-78:
Cited. 208 C. 505, 507.
Annotation to present section:
Cited. 239 C. 658.
Sec. 38a-795. (Formerly Sec. 38-83). Bond of applicant. Section 38a-795 is repealed, effective September 1, 2002.
(1953, S. 2804d; P.A. 87-21; P.A. 01-113, S. 41, 42.)
Sec. 38a-796. Reserved for future use.
PART VIII
(INSURANCE ADMINISTRATORS)
CAR RENTAL COMPANIES
Secs. 38a-797 and 38a-798. (Formerly Secs. 38-92s and 38-92t). Insurance administrators. Sections 38a-797 and 38a-798 are repealed.
(P.A. 88-298, S. 3, 4, 14; P.A. 90-243, S. 42; P.A. 91-29, S. 7, 8.)
Sec. 38a-799. Sale of insurance by car rental companies. Permits. Regulations.
(a) As used in this section:
(1) "Commissioner" means the Insurance Commissioner;
(2) "Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental;
(3) "Rental company" means a person in the business of offering vehicles to the
public that is licensed pursuant to section 14-15;
(4) "Renter" means a person obtaining the use of a vehicle from a rental company
under the terms of a rental agreement;
(5) "Vehicle" means a private passenger motor vehicle, including, but not limited
to, passenger vans, minivans, sport utility and pickup trucks or a cargo type of motor
vehicle, including, but not limited to, cargo vans and trucks with a gross vehicle weight
up to and including twenty-six thousand pounds which do not require the operator to
possess a commercial driver's license.
(b) The commissioner shall adopt regulations, in accordance with the provisions of
chapter 54, to issue a permit to rental companies transacting business in this state under
the terms of a rental agreement to offer coverage for sale in connection with the rental
of a vehicle, whether at a rental office or by preselection of coverage in a master rental
agreement, in any of the following categories:
(1) Personal accident insurance covering the risks of travel, including accident and
health insurance, that provides coverage to renters and other rental vehicle occupants for
accidental death or dismemberment and reimbursement for medical expenses resulting
from an accident that occurs during the rental period;
(2) Liability insurance, including uninsured and underinsured motorist coverage
whether offered separately or in combination with other liability insurance, that provides
coverage to renters and other authorized drivers of rental vehicles for liability arising
from the operation of the rental vehicle;
(3) Personal effects insurance that provides coverage to renters and other vehicle
occupants for the loss of, or damage to, personal effects that occurs during the rental
period;
(4) Roadside assistance and emergency sickness protection programs.
(c) The regulations shall require:
(1) That the rental period shall not exceed sixty consecutive days; and
(2) That at each rental location where rental agreements are executed, brochures or
other written materials, in plain language consistent with the provisions of chapter 699a,
are available to the prospective renter that:
(A) Summarize clearly and correctly the terms of the insurance coverage;
(B) Disclose that the insurance policies offered by the rental company may duplicate
coverage already provided by a renter's personal insurance policies;
(C) State that the insurance policies being offered are optional; and
(D) Describe the process for filing a claim.
(d) Each rental company granted a permit under this section shall conduct a training
program in which employees being trained receive basic instruction about the types of
coverage specified in this section and offered for purchase by prospective renters of
rental vehicles. Each company shall retain on file a list of employees who have received
such training and are authorized to offer coverage for sale under the permit issued under
this section and shall make such list available to the commissioner upon request of the
commissioner.
(e) The commissioner may at any time require such information as the commissioner deems necessary with respect to the business methods and transactions of a rental
company granted a permit under this section. Such company shall furnish the commissioner, in such form as the commissioner may require, any such information not later
than fifteen days after receiving a written request therefor.
(f) Nothing in this section shall prevent a rental company from including the sale
of insurance products in an overall employee performance compensation incentive program provided such rental company personnel may not be directly paid a commission
or any other compensation by an insurance company for the sale of coverage to renters.
(g) No rental company holding a permit under this section may advertise, represent
or otherwise hold itself or any of its employees out as licensed insurers, insurance agents,
insurance producers or insurance brokers.
(h) Any permit issued by the commissioner shall be in force until the first day of
February in each even-numbered year unless sooner revoked or suspended. The permit
may, in the discretion of the commissioner, be renewed biennially upon payment of the
fee specified in section 38a-11.
(i) The commissioner, after reasonable notice to and hearing of any holder of a
permit issued pursuant to this section, may suspend or revoke the permit for cause shown.
In addition to or in lieu of suspension or revocation, the commissioner may impose a
fine not to exceed one thousand dollars. Hearings may be held by the commissioner
or by any person designated by the commissioner. Whenever a person other than the
commissioner acts as the hearing officer, said person shall submit to the commissioner
a memorandum of findings and recommendations upon which the commissioner may
base a decision.
(j) Any person aggrieved by the action of the commissioner in revoking, suspending
or refusing to grant or reissue a permit or in imposing a fine may appeal therefrom, in
accordance with the provisions of section 4-183, except venue for such appeal shall be
in the judicial district of Hartford. Appeals under this section shall be privileged in
respect to the order of trial assignment.
(P.A. 99-127, S. 1, 3.)
History: P.A. 99-127 effective June 8, 1999.
PART IX
FRATERNAL AGENTS
Sec. 38a-800. (Formerly Sec. 38-234). Agents to be licensed. (a) Agents of societies shall be licensed in accordance with the provisions of this section.
(b) (1) The commissioner may issue a license to any person who has paid the license
fee specified in section 38a-11, and who has complied with the requirements of this
section, authorizing such licensee to act as fraternal agent on behalf of any society named
in such license which is authorized to do business in this state. (2) Before any fraternal
agent's license shall be issued there shall be on file in the office of the commissioner
the following documents: (A) A written application by the prospective licensee in such
form or forms and supplements thereto, and containing such information, as the commissioner may prescribe and on an initial application the filing fee specified in section 38a-11, shall be remitted; and (B) a certificate by the society which is to be named in such
license, stating that such society has satisfied itself that the named applicant is trustworthy and competent to act as such fraternal agent and that the society will appoint such
applicant to act as its agent if the license applied for is issued by the commissioner. Such
certificates shall be executed and acknowledged by an officer or managing agent of
such society. (3) No written or other examination shall be required of any individual
seeking to be named as a licensee to represent a fraternal benefit society as its agent.
(4) The commissioner may refuse to issue or renew any fraternal agent's license if in
his judgment the proposed licensee is not trustworthy and competent to act as such agent,
or has given cause for revocation or suspension of such license, or has failed to comply
with any prerequisite for the issuance or renewal, as the case may be, of such license.
(5) Every license issued pursuant to this section, and every renewal thereof, shall expire
on December thirty-first of each odd-numbered year. (6) If the application for a renewal
license has been filed with the commissioner on or before such expiration date, such
applicant named in such existing license may continue to act as fraternal agent under
such existing license, unless the same is revoked or suspended, until the issuance by
the commissioner of the renewal license or until the expiration of five days after he
has refused to renew such license and has served written notice of such refusal on the
applicant. If the applicant, within thirty days after such notice is given, notifies the
commissioner in writing of his request for a hearing on such refusal, the commissioner
shall, within a reasonable time after receipt of such notice, grant such hearing, and he
may, in his discretion, reinstate such license. (7) Any such renewal license of a fraternal
agent may be issued upon the application of the society named in the existing license
and payment of the fee specified in section 38a-11. Such application shall be in the form
or forms prescribed by the commissioner and shall contain such information as he may
require. Such application shall contain a certificate executed by the president, or by a
vice president, a secretary, an assistant secretary, or corresponding officer by whatever
name known, or by an employee expressly designated and authorized to execute such
certificate of a domestic or foreign society or by the United States manager of an alien
society, stating that the addresses therein given of the agents of such society for whom
renewal licenses are requested therein have been verified in each instance immediately
preceding the preparation of the application. Notwithstanding the filing of such application, the commissioner may, after reasonable notice to any such society, require that
any or all agents of such society to be named as licensees in renewal licenses shall
execute and file separate applications for the renewal of such licenses, as hereinbefore
specified, and he may also require that each such application shall be accompanied by
the certificate specified in subdivision (2)(B) of this subsection.
(c) Every society doing business in this state shall, upon the termination of the
appointment of any fraternal agent licensed to represent it in this state, forthwith file
with the commissioner a statement, in such form as he may prescribe, of the facts relative
to such termination and the cause thereof. Every statement made pursuant to this section
shall be deemed a privileged communication.
(d) The commissioner may revoke, or may suspend for such period as he may determine, any fraternal agent's license if, after notice and hearing as specified in section
38a-774, he determines that the licensee has: (1) Violated any provision of, or any
obligation imposed by, this section, or has violated any law in the course of his dealings
as agent; (2) made a material misstatement in the application for such license; (3) been
guilty of fraudulent or dishonest practices; (4) demonstrated his incompetency or untrustworthiness to act as an insurance agent; or (5) been guilty of rebating as defined
by the laws of this state applicable to life insurance companies. The revocation or suspension of any fraternal agent's license shall terminate forthwith the license of such agent.
No individual whose license has been revoked shall be entitled to obtain any fraternal
agent's license under the provisions of this section for a period of one year after such
revocation or, if such revocation is judicially reviewed, for one year after the final determination thereof affirming the action of the commissioner in revoking such license.
(1957, P.A. 448, S. 28; 1959, P.A. 392, S. 4; 1961, P.A. 9, S. 1, 2; 1969, P.A. 73; P.A. 82-96, S. 5, 8; P.A. 90-243, S. 140.)
History: 1959 act raised agent's license fee to twenty dollars; 1961 act restored it to ten dollars but provided for annual
instead of biennial expiration; 1969 act raised license fee to twenty dollars and imposed filing fee of ten dollars upon initial
application; P.A. 82-96 amended Subdiv. (4) to require biennial rather than annual renewal for a fraternal agent's license
and specified fee of forty dollars, effective June 1, 1983; P.A. 90-243 divided section into alphabetical Subsecs., specified
the licensing requirement by enumerating the section number for licensure and fees and substituted "foreign" for "nonresident" and "alien" for "foreign"; Sec. 38-234 transferred to Sec. 38a-800 in 1991.