Substitute Senate Bill No. 408
Substitute Senate Bill No. 408
PUBLIC ACT NO. 98-80
AN ACT CONCERNING NONPAYMENT OF AUTOMOBILE
INSURANCE PREMIUMS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subdivision (3) of section 38a-341
of the general statutes is repealed and the
following is substituted in lieu thereof:
(3) "Nonpayment of premium" means failure of
the named insured to discharge when due any of his
obligations in connection with the payment of
premiums on the policy, or any instalment of such
premium, whether the premium is payable directly
to the insurer or its agent or indirectly under
any premium finance plan or extension of credit.
NONPAYMENT OF PREMIUM INCLUDES, BUT IS NOT LIMITED
TO, THE DISHONOR OF ANY CHECK, DRAFT OR OTHER
REMITTANCE UPON PRESENTMENT FOR PAYMENT.
Sec. 2. Subsection (a) of section 38a-343 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No notice of cancellation of policy to
which section 38a-342 applies may be effective
unless sent, by registered or certified mail or by
mail evidenced by a certificate of mailing, or
delivered by the insurer to the named insured at
least forty-five days before the effective date of
cancellation, [provided] EXCEPT THAT (1) where
cancellation is for nonpayment of THE FIRST
PREMIUM ON A NEW POLICY, AT LEAST FIFTEEN DAYS'
NOTICE OF CANCELLATION ACCOMPANIED BY THE REASON
THEREFOR SHALL BE GIVEN, AND (2) WHERE
CANCELLATION IS FOR NONPAYMENT OF ANY OTHER
premium, at least ten days' notice of cancellation
accompanied by the reason therefor shall be given.
No notice of cancellation of a policy which has
been in effect for less than sixty days may be
effective unless mailed or delivered by the
insurer at least forty-five days before the
effective date of cancellation, provided that (A)
AT LEAST FIFTEEN DAYS' NOTICE SHALL BE GIVEN WHERE
CANCELLATION IS FOR NONPAYMENT OF THE FIRST
PREMIUM ON A NEW POLICY, AND (B) at least ten
days' notice shall be given where cancellation is
for nonpayment of ANY OTHER premium or material
misrepresentation. The notice of cancellation
shall state or be accompanied by a statement
specifying the reason for such cancellation. ANY
NOTICE OF CANCELLATION FOR NONPAYMENT OF THE FIRST
PREMIUM ON A NEW POLICY MAY BE RETROACTIVE TO THE
EFFECTIVE DATE OF SUCH POLICY, PROVIDED AT LEAST
FIFTEEN DAYS' NOTICE HAS BEEN GIVEN AND PAYMENT OF
SUCH PREMIUM HAS NOT BEEN RECEIVED DURING SUCH
NOTICE PERIOD.
Approved May 22, 1998