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OLR Bill Analysis
AN ACT MODERNIZING INSURANCE DEPARTMENT FINES AND MAKING MINOR TECHNICAL REVISIONS TO THE INSURANCE STATUTES.
This bill increases fines the insurance commissioner may assess against insurance companies, related companies, and people for violating Connecticut's insurance laws, including those related to utilization review, unauthorized insurers, producer and company licensing, unfair and prohibited practices, and fraud.
It leaves unchanged fines enacted since 1996, including those related to privacy, preferred provider networks, and self-insured workers' compensation laws. It also makes technical changes.
EFFECTIVE DATE: October 1, 2008
INSURANCE FINES INCREASED
Bill Section |
Description |
Current Fine |
sHB 5159 Fine |
|
1 |
General penalty – Violation of any Title 38a provision when no other penalty is provided |
Up to $ 7,500 |
Up to $ 15,000 |
|
2 |
Company license suspension, revocation, or non-renewal for cause (Fine is in addition to or in lieu of license action. ) |
Up to $ 10,000 |
Up to $ 50,000 |
|
3 |
Assessments on domestic insurers – Not paying assessment when due |
$ 10 plus 6% per annum interest |
$ 25 plus 6% per annum interest |
|
4 |
Annual and quarterly financial reports of insurers and HMOs – Filing late |
$ 100 per day for each day overdue |
$ 175 per day for each day overdue |
|
5 |
Managing General Agents Act – Violating the act (Fine is in addition to license revocation or suspension. ) |
$ 10,000 for each violation |
$ 15,000 for each violation |
|
6 |
Insurance Holding Company Act – An individual's willful violation of the act |
Up to $ 3,000 If intentional fraud: fine, up to two years in prison, or both |
Up to $ 15,000 If intentional fraud: fine, up to two years in prison, or both |
|
6 |
Insurance Holding Company Act – An insurance company's willful violation of the act |
Up to $ 10,000 |
Up to $ 50,000 |
|
6 |
Insurance Holding Company Act – Willfully and knowingly making a false statement or report to deceive the commissioner |
Up to $ 25,000, up to five years in prison, or both |
Up to $ 50,000, up to five years in prison, or both |
|
6 |
Insurance Holding Company Act – An insurance company, without just cause, does not file a required registration statement |
$ 100 each day, up to $ 10,000 maximum |
$ 150 each day, up to $ 15,000 maximum |
|
6 |
Insurance Holding Company Act – A director or officer willfully violates the act or agrees to engage in transactions or investments not properly reported or permitted |
Up to $ 5,000 for each violation |
Up to $ 7,500 for each violation |
|
7 |
Insurance Premium Finance Companies – Violating act (Fine is in addition to, or in lieu of, license suspension or revocation. ) |
Up to $ 1,000 for each violation |
Up to $ 5,000 for each violation |
|
8 |
Utilization Review – Violating the UR law (Fine is in addition to license suspension or revocation. ) Fine increases if company knew or should have known of violation. |
Up to $ 1,000 for each violation and $ 10,000 maximum Up to $ 5,000 for each violation and $ 50,000 maximum in any six-month period |
Up to $ 1,500 for each violation and $ 15,000 maximum Up to $ 7,500 for each violation and $ 75,000 maximum in any six-month period |
|
8 |
Utilization Review – Violating commissioner's cease and desist order (Fine is in lieu of license suspension or revocation. ) |
Up to $ 50,000 |
Up to $ 75,000 |
|
9 |
Utilization Review – Providing fraudulent or misleading information to a UR company |
Up to $ 5,000 or equal to the value of services provided due to the fraud |
Up to $ 7,500 or equal to the value of services provided due to the fraud |
|
10 |
Unauthorized Insurers Act– Not paying premium tax on time |
The greater of 10% of the tax or $ 50, plus 1% interest per month |
The greater of 10% of the tax or $ 75, plus 1% interest per month |
|
11 |
Unauthorized Insurers Act—Any unauthorized insurer doing insurance business |
Up to $ 10,000 |
Up to $ 50,000 |
|
11 |
Unauthorized Insurers Act—Violating the specific provisions of the act |
$ 500 for first offense and $ 500 for each month it continues |
$ 2,500 for first offense and $ 2,500 for each month it continues |
|
12 |
Defrauding a life or accident insurance company |
If obtained less than $ 100 due to fraud: up to $ 500, up to one year in prison, or both (If more: up to 10 years in prison) |
If obtained less than $ 2,000 due to fraud: up to $ 10,000, up to one year in prison, or both (If more: up to 10 years in prison) |
|
13 |
Standard Form of Fire Insurance Policy – Making, issuing, or delivering a fire insurance policy that is not the statutorily required standard policy |
Up to $ 200 for each offense |
Up to $ 1,000 for each offense |
|
14 |
Group Life Insurance – Failure to give an insured a notice of insurance cancellation or discontinuance |
Up to $ 1,000 for each violation |
Up to $ 2,000 for each violation |
|
15 |
Burial Contracts – Issuing burial contracts without a license or without the required provisions |
Up to $ 500, up to one year in prison, or both |
Up to $ 6,000, up to one year in prison, or both |
|
16 |
Individual Health Insurance – Delivering an individual policy that does not meet statutory requirements |
Up to $ 500 for each offense |
Up to $ 10,000 for each offense |
|
17 |
Group Health Insurance – Failure to give an insured a notice of insurance cancellation or discontinuance |
Up to $ 1,000 for each violation |
Up to $ 2,000 for each violation |
|
18 |
Group Health Insurance – Delivering a group policy that does not meet statutory requirements |
Up to $ 500 for each offense |
Up to $ 1,000 for each offense |
|
19 |
Consumer Dental Plans – Not complying with statutory requirements |
Up to $ 1,000 for each violation |
Up to $ 1,500 for each violation |
|
20 |
Fraternal Benefit Societies– Making false or misleading statements regarding the insurance contract or knowingly receiving compensation because of such violation |
$ 100 to $ 500 fine, 30 days to one year in prison, or both |
$ 2,000 to $ 10,000 fine, 30 days to one year in prison, or both |
|
21 |
Fraternal Benefit Societies– Making a false or fraudulent statement on a membership application |
$ 100 to $ 500 fine, 30 days to one year in prison, or both |
$ 2,000 to $ 10,000 fine, 30 days to one year in prison, or both |
|
21 |
Fraternal Benefit Societies– Soliciting membership for unlicensed fraternal benefit society |
$ 50 to $ 200 |
$ 1,000 to $ 4,000 |
|
21 |
Fraternal Benefit Societies– A willful violation, neglect, or refusal to comply with fraternal benefit society statutes when no other penalty exists |
Up to $ 200 |
Up to $ 4,000 |
|
22 |
Credit Life, Accident and Health Insurance – Violating statutory requirements |
Up to $ 250, two years in prison, or both |
Up to $ 1,500, two years in prison, or both |
|
23 |
Personal and Commercial Risk Insurance Rating Practices – Not complying with the commissioner's final order |
Up to $ 1,000, but if willful, up to $ 10,000, up to one year in prison, or both |
Up to $ 2,000, but if willful, up to $ 20,000, up to one year in prison, or both |
|
24 |
Insurance Producers – Soliciting business for unlicensed insurance company |
Up to $ 100, up to six months in prison, or both |
Up to $ 2,000, up to six months in prison, or both |
|
25 |
Insurance Producers – Acting without a license |
Up to $ 500, up to three months in prison, or both |
Up to $ 10,000, up to three months in prison, or both |
|
26 |
Insurance Producers – Signing or countersigning insurance policies in blank by an insurance producer (Fine is in addition to license revocation. ) |
Up to $ 100 |
Up to $ 1,000 |
|
27 |
Public Adjusters – Acting as a public adjuster without a license |
Up to $ 500, up to three months in prison, or both |
Up to $ 10,000, up to three months in prison, or both |
|
28 |
Certified Insurance Consultants – Not acknowledging or giving receipt for services |
$ 50 to $ 500 |
$ 250 to $ 2,500 |
|
29 |
Certified Insurance Consultants – Receiving compensation in violation of law |
$ 50 to $ 500 fine, 30 to 90 days in prison, or both |
$ 250 to $ 2,500 fine, 30 to 90 days in prison, or both |
|
30 |
Certified Insurance Consultants – Acting as certified insurance consultant without a license |
$ 50 to $ 500 fine, up to six months in prison, or both |
$ 250 to $ 2,500 fine, up to six months in prison, or both |
|
31 |
Fraternal Agents –Acting as fraternal agent without a license |
Up to $ 100 |
Up to $ 10,000 |
|
32 |
Licensing in General – Willful misrepresentation on a license application |
Up to $ 500, up to six months in prison, or both |
Up to $ 4,000, up to six months in prison, or both |
|
33 |
Licensing in General – Impersonating another person when taking an insurance license examination |
Up to $ 500, up to six months in prison, or both |
Up to $ 4,000, up to six months in prison, or both |
|
34 |
Licensing in General – For cause (Fine is in addition to or in lieu of license suspension or revocation. ) |
Up to $ 1,000 |
Up to $ 5,000 |
|
35 |
Surplus Lines Broker – Not making and filing an affidavit or willfully making a false affidavit |
Up to $ 500, up to six months in prison, or both |
Up to $ 4,000, up to six months in prison, or both |
|
36 |
Certified Insurance Consultants – Not giving commissioner information within 10 days |
$ 50 to $ 500 |
$ 250 to $ 2,500 |
|
37 |
Motor Vehicle Physical Damage Appraisers – Acting without a license |
Up to $ 500, up to one year in prison, or both |
Up to $ 2,500, up to one year in prison, or both |
|
38 |
Casualty Claim Adjusters– Acting without a license |
Up to $ 200, up to one year in prison, or both |
Up to $ 2,000, up to one year in prison, or both |
|
39 |
Unfair and Prohibited Practices – Committing an unfair or prohibited practice (Fine is in addition to or in lieu of license suspension or revocation and restitution. ) |
Up to $ 1,000 for each violation, but up to $ 10,000 maximum |
Up to $ 5,000 for each violation, but up to $ 50,000 maximum |
|
39 |
Unfair and Prohibited Practices – Knowingly committing an unfair or prohibited practice (Fine is in addition to or in lieu of license suspension, license revocation, and restitution. ) |
Up to $ 5,000 for each violation, but up to $ 50,000 maximum in any six-month period |
Up to $ 25,000 for each violation, but up to $ 250,000 maximum in any six-month period |
|
39 |
Unfair and Prohibited Practices – Violating a cease and desist order (Fine is in addition to or in lieu of license suspension or revocation. ) |
Up to $ 10,000 for each violation |
Up to $ 50,000 for each violation |
|
40 |
Unfair and Prohibited Practices – Any misrepresentation to convince an insured to surrender a policy and replace it with another |
Up to $ 500, up to 30 days in prison, or both |
Up to $ 5,000, up to 30 days in prison, or both |
|
41 |
Unfair and Prohibited Practices – Publishing a false statement of assets or one that does not meet statutory requirements |
$ 500 for first offense, $ 1,000 for each subsequent offense |
$ 10,000 for first offense, $ 20,000 for each subsequent offense |
|
42 |
Connecticut Insurance Guaranty Association – Not paying assessment when due (Fine is in lieu of license suspension or revocation. ) |
Up to 5% of the unpaid amount per month, but at least $ 100 a month |
Up to 5% of the unpaid amount per month, but at least $ 500 a month, |
|
43 |
Connecticut Life & Health Insurance Guaranty Association – Not paying assessment (Fine is in lieu of license suspension or revocation. ) |
Up to 5% of the unpaid amount per month, but at least $ 100 a month |
Up to 5% of the unpaid amount per month, but at least $ 500 a month, |
|
44 |
Brokered Transactions Guaranty Fund – Penalty for filing a document that is false or untrue or has a material misrepresentation |
At least $ 200 |
At least $ 300 |
|
45 |
Brokered Transactions Guaranty Fund – Penalty for having embezzled (Penalty is in addition to restitution, attorney costs and fees, and other relief the court may order) |
Up to $ 1,000 |
Up to $ 1,500 |
|
46 |
Rehabilitation and Liquidation Act – Failure to cooperate with the commissioner |
Up to $ 10,000, up to one year in prison, or both; or up to $ 10,000 and suspended or revoked license |
Up to $ 10,000, up to one year in prison, or both; or up to $ 25,000 and suspended or revoked license |
|
47 |
Rehabilitation and Liquidation Act – Any agent not giving required notice of policies written for an insurer subject to liquidation or not filing a compliance report (Fine is in addition to or in lieu of license suspension or revocation. ) |
Up to $ 1,000 |
Up to $ 2,500 |
|
48 |
Rehabilitation and Liquidation Act – Not paying collected premiums and unearned commissions to the liquidator (Fine is in addition to or in lieu of license suspension, revocation, or non-renewal. ) |
Up to $ 1,000 for each violation |
Up to $ 2,500 for each violation |
|
49 |
Connecticut Insurance Information and Privacy Protection Act – Obtaining information from an insurance institution under false pretenses |
Up to $ 10,000 |
Up to $ 20,000 |
BACKGROUND
Related Bill
The Transportation Committee reported out SB 288, which, among other things, makes it an unfair or deceptive insurance practice for an auto insurer to not pay (1) the usual and customary labor rate for insured motor vehicle repairs or (2) claimants by check, electronic transfer, or other means that gives immediate access to the money.
COMMITTEE ACTION
Insurance and Real Estate Committee
Joint Favorable
Yea |
18 |
Nay |
0 |
(03/06/2008) |