PA 15-118—HB 6678
Insurance and Real Estate Committee
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL AND OTHER CHANGES TO THE INSURANCE AND RELATED STATUTES
SUMMARY: This act makes a number of unrelated changes in insurance laws and related provisions. It:
1. repeals a provision, declared unconstitutional by a federal appellate court, requiring auto insurers to provide certain information to insureds about glass repair (§ 70);
2. ensures that a ban on denying uninsured motorist coverage to certain named insureds or relatives continues to apply on and after October 1, 2015 (§ 69); and
3. replaces an improper reference to the Office of the Healthcare Advocate (OHA) chairperson as a member of the Commission on Health Equity with a reference to the Healthcare Advocate (OHA does not have a chairperson) (§ 59).
The act also repeals, for certain individual and group health insurance policies, provisions relating to coverage determinations and notice requirements (§ 71). The repealed provisions (CGS §§ 38a-483b & 38a-513a) are superseded by provisions in compliance with the federal Patient Protection and Affordable Care Act (CGS § 38a-591 et seq. ).
The act makes conforming changes for consistency within the insurance statutes (§§ 65-68). It also makes numerous minor and technical changes.
EFFECTIVE DATE: October 1, 2015
§ 70 – AUTO GLASS REPAIR
The act repeals a law prohibiting glass claims representatives or third-party administrators (TPA) from giving an insured the name of, scheduling an appointment with, or directing him or her to a glass shop owned by the insurer, TPA, or parent company of either, unless they also provide the name of at least one other auto glass repair shop. The U. S. Second Circuit Court of Appeals ruled that requiring insurers or TPAs to give insureds a competitor's contact information violates their free speech rights under the U. S. Constitution (Safelite Group, Inc. v. Jepsen, 764 F. 3d 258 (2d Cir. 2014)).
§ 69 – UNINSURED MOTORIST COVERAGE
In 2014, the legislature passed two acts on uninsured motorist coverage. PA 14-71, effective October 1, 2014, bans insurers from denying such coverage to a named insured or related household member solely because he or she is struck as a pedestrian by, and during the theft of, the insured's covered vehicle. PA 14-20 modifies the same statute effective October 1, 2015 but does not include the ban. The act ensures that the ban continues to apply on and after October 1, 2015.
OLR Tracking: AR: RP: TA: cmg