Senate Bill No. 504
Senate Bill No. 504
PUBLIC ACT NO. 98-23
AN ACT CONCERNING INSURANCE ADVISORY
ORGANIZATIONS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 38a-673 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) No advisory organization shall conduct
its operations in this state unless and until it
has filed with the Insurance Commissioner (1) a
copy of its constitution, articles of
incorporation, agreement or association and the
bylaws, or rules and regulations governing its
activities, all duly certified by the custodian of
the originals thereof, (2) a list of its members
and subscribers, and (3) the name and address of a
resident of this state upon whom notices or orders
of the commissioner or process may be served.
(b) Every such advisory organization shall
notify the Insurance Commissioner promptly of
every change in its constitution, its articles of
incorporation, agreement or association, and of
its bylaws, rules and regulations governing the
conduct of its business, its list of members and
subscribers and the name and address of the
resident of this state designated by it upon whom
notices or orders of the commissioner or process
affecting such organization may be served.
(c) With respect to personal and commercial
risk insurance, no such advisory organization may
compile for or distribute to insurers generally,
recommendations relating to rates that include
profit, general and other acquisition expenses,
commission and brokerage, taxes or licenses and
fees, nor file rates, supplementary rate
information or supporting information on behalf of
an insurer that includes profit, general and other
acquisition expenses, commission and brokerage,
taxes or licenses and fees, provided that the
provisions of this subsection may be waived by the
Insurance Commissioner when it would be in the
public interest and shall not apply to residual
markets. Any advisory organization may, upon the
request of any insurer, produce rates for such
insurer based upon such insurer's exposure, loss,
expense and profit data. The provisions of this
subsection shall be applicable to services
rendered by insurance rating and advisory
organizations in relation to workers' compensation
insurance on and after October 1, 1989, and to
other such services on and after July 1, 1990.
(d) ANY ADVISORY ORGANIZATION MAY COLLECT,
COMPILE AND DISSEMINATE TO INSURERS AND OTHER
PERSONS COMPILATIONS OF PAST AND CURRENT PREMIUMS
OF INSURERS.
[(d)] (e) No such advisory organization shall
engage in any unfair or unreasonable practice with
respect to such activities.
Approved April 29, 1998