Sec. 38a-52. (Formerly Sec. 38-54). Appeal from assessment.
Sec. 38a-52. (Formerly Sec. 38-54). Appeal from assessment. Any domestic insurance company or other domestic entity aggrieved because of any assessment levied
under section 38a-48, or any fraternal benefit society or foreign or alien insurance company or other entity aggrieved because of any assessment levied under the provisions
of sections 38a-49 to 38a-51, inclusive, may, within one month from the time provided
for the payment of such assessment, appeal therefrom to the superior court for the judicial
district of New Britain, which appeal shall be accompanied by a citation to the commissioner to appear before said court. Such citation shall be signed by the same authority,
and such appeal shall be returnable at the same time and served and returned in the same
manner, as is required in case of a summons in a civil action. The authority issuing the
citation shall take from the appellant a bond or recognizance to the state, with surety to
prosecute the appeal to effect and to comply with the orders and decrees of the court in
the premises. Such appeals shall be preferred cases, to be heard, unless cause appears
to the contrary, at the first session, by the court or by a committee appointed by the
court. Said court may grant such relief as may be equitable, and, if such assessment has
been paid prior to the granting of such relief, may order the Treasurer to pay the amount of
such relief, with interest at the rate of six per cent per annum, to the aggrieved company. If
the appeal has been taken without probable cause, the court may tax double or triple
costs, as the case demands; and, upon all such appeals which may be denied, costs may
be taxed against the appellant at the discretion of the court, but no costs shall be taxed
against the state.
(1953, S. 2811d; P.A. 75-290, S. 4; P.A. 78-280, S. 6, 127; P.A. 80-482, S. 279, 348; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-243, S. 21; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)
History: P.A. 75-290 made provisions applicable to insurance companies and entities generally where previously applicable to "domestic" companies and entities; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 80-482 specified applicability to domestic and nonresident or foreign insurance companies and entities
and to fraternal benefit societies and added reference to Sec. 38-53b; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-243 inserted references to "foreign" and "alien"
insurance companies; Sec. 38-54 transferred to Sec. 38a-52 in 1991; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of
P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district
of Hartford" with "judicial district of New Britain", effective June 29, 1999.