Sec. 38a-260. (Formerly Sec. 38-540). Applicability of insurance laws to purchasing groups. Certain disclosures required. When. Each purchasing group meeting
the criteria established under the provisions of the Liability Risk Retention Act of 1986
shall be exempt from any law of this state relating to the creation of groups for the
purchase of insurance, prohibition of group purchasing or any law that would discriminate against a purchasing group or its members. Each insurer shall be exempt from any
law of this state that prohibits providing, or offering to provide, to a purchasing group
or its members advantages based on their loss and expense experience not afforded
to other persons with respect to rates, policy forms, coverage or other matters. Each
purchasing group shall be subject to all other applicable laws of this state. No purchasing
group shall purchase insurance from a risk retention group that is not chartered in a state
or from an insurer not admitted in this state, unless the purchase is effected through a
licensed producer acting pursuant to the surplus lines, laws and regulations of this state.
A purchasing group that obtains liability insurance from a risk retention group or an
insurer not admitted in this state shall inform each of the members of the group that
have a risk resident or located in this state that the risk is not protected by the Connecticut
Insurance Guaranty Association, and that the risk retention group or insurer may not be
subject to all insurance laws and regulations of this state. No purchasing group shall
purchase insurance providing for a deductible or self-insured retention applicable to the
group as a whole, except that such coverage may provide for a deductible or self-insured
retention applicable to individual members.
(P.A. 87-135, S. 11, 18; P.A. 89-33, S. 4; P.A. 93-239, S. 26; P.A. 95-168, S. 4; P.A. 96-193, S. 7, 36; P.A. 09-74, S. 15.)
History: P.A. 89-33 required a purchasing group to purchase insurance from insurers admitted in this state unless purchased through an agent or broker licensed in this state or from a risk retention group; Sec. 38-540 transferred to Sec. 38a-260 in 1991; P.A. 93-239 amended the section to require disclosure when the risk retention group or insurer is not admitted in this state; P.A. 95-168 added provision to require that no purchasing group may purchase insurance on a deductible or self-insured retention basis for a group as a whole but may provide such coverage on a deductible or self-insured retention basis if applicable to the individual members; P.A. 96-193 substituted "producer" for "agent or broker", effective June 3, 1996; P.A. 09-74 made technical changes, effective May 27, 2009.
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