Connecticut Seal

General Assembly

 

Raised Bill No. 894

January Session, 2009

 

LCO No. 2611

 

*02611_______INS*

Referred to Committee on Insurance and Real Estate

 

Introduced by:

 

(INS)

 

AN ACT REQUIRING DISCLOSURE OF AUTOMOBILE LIABILITY INSURANCE POLICY LIMITS PRIOR TO THE FILING OF A CLAIM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) (a) The disclosure required under subsections (b) to (e), inclusive, of this section shall be applicable to requests for disclosure made on any claim pending on or any claim filed after the effective date of this section and shall terminate one year after the effective date of this section.

(b) Not later than fourteen days after an insurer receives a written request by, or on behalf of, an individual that alleges the individual has suffered bodily injury or death caused in a motor vehicle collision by an insured under an automobile liability insurance policy issued by the insurer, the insurer shall provide written disclosure of such insured's insurance policy limits to the individual making the request. The disclosure shall be provided in accordance with subsection (d) of this section.

(c) Each written request for disclosure shall be accompanied by a letter from an attorney-at-law admitted to practice in this state, with or without an affidavit, that sets forth: (1) The type of claim alleged against the insured; (2) the date and approximate time of the alleged incident that gave rise to the request for disclosure; and (3) a general description of the injuries alleged to have been caused by the insured. An attorney-at-law who submits a letter requesting disclosure pursuant to this section shall include the attorney's juris number in the letter. The contents of any letter or affidavit requesting disclosure of insurance policy limits pursuant to this section shall not be admissible in evidence in any civil action involving the injury or death that gave rise to the request for disclosure.

(d) The disclosure provided by the insurer shall (1) indicate all coverage provided by the insurer to the insured, including, but not limited to, any applicable umbrella or excess liability insurance issued by the insurer, and (2) include copies of applicable declaration pages or similar materials that reflect the insurance coverage provided by the insurer to the insured.

(e) The requirements of this section shall only apply to an insurer with respect to a policy that insures against loss or damage on account of the bodily injury or death of any person.

Sec. 2. (Effective from passage) Not later than January 1, 2011, the Judicial Department shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to insurance, in accordance with section 11-4a of the general statutes, that specifies the number of automobile injury cases settled as a result of the disclosure required in section 1 of this act.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

Sec. 2

from passage

New section

Statement of Purpose:

To allow injured parties to obtain information about a tortfeasor's liability insurance policy limits without being required to file an action in court and subsequently seek discovery of such information.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]