Sec. 38a-306. (Formerly Sec. 38-97). Standard form of fire insurance policy; designation; penalty.
Sec. 38a-306. (Formerly Sec. 38-97). Standard form of fire insurance policy;
designation; penalty. The form of policy of fire insurance set forth in section 38a-307
shall be known and designated as "The Standard Fire Insurance Policy of the State of
Connecticut". The standard form of policy shall be plainly printed, and no portion thereof
shall be in type smaller than the type used in printing such form on file in the office of
the commissioner. The provisions of this section shall not limit insurance companies to
the use of any particular size of paper or manner of folding the paper upon which their
policies may be issued, and each agent who makes, issues or delivers a policy of fire
insurance other than the standard form of fire insurance policy shall forfeit for each
offense not more than one thousand dollars, but such policy shall be binding upon the
issuing company to the same extent and on the same conditions as if it had been in the
standard form.
(1949 Rev., S. 6105; P.A. 08-178, S. 13.)
History: Sec. 38-97 transferred to Sec. 38a-306 in 1991; P.A. 08-178 made technical changes and increased maximum
forfeiture from $200 to $1,000 per offense.
Annotations to former section 38-97:
Annotations to former standard policy. Effect of requirement that waiver be in writing. 66 C. 238; 74 C. 700; 79 C.
388. Acceptance of policy in one company received after issuance of policy in another, violation of provision in latter
against other insurance, though former policy was applied for first. 70 C. 566. Effect of provision limiting suit to one year.
74 C. 510; Id., 684. Distribution of loss among companies where some policies cover all items by general description, and
others, specific items. 75 C. 397. Effect of provision as to arbitration of amount of loss. 77 C. 679; 79 C. 388; 81 C. 707.
Subrogation of company to rights of insured where loss due to negligence of another. 83 C. 690. Conditions precedent and
subsequent; false swearing by insured after loss. 86 C. 15. Prohibition against alienation of property. 89 C. 35. "Sole and
unconditional ownership." Id., 175; 97 C. 342; 102 C. 371. Failure to give notice of loss; waiver and estoppel; forfeiture
will not be implied. 90 C. 205. Effect of misstatement in proofs of loss. 94 C. 122. Acceptance of oral notice of loss and
unsworn proof of loss as waiver of requirements of policy. Id. Construction of provision as to loss due to "military or
usurped power"; what is regarded as the cause of a fire. 95 U.S. 117. Effect of war as suspending provision for limitation
of action. 13 Wall. 158. Knowledge of agent is knowledge of company; reformation of policy where inoperative because
of mutual mistake. 97 C. 342; But see 102 C. 374. "All direct loss or damage by fire" construed; "hostile" and "friendly"
fires. 105 C. 729. Pleading and burden of proof. 108 C. 565. Failure of officer of insured to disclose his embezzlement
and other acts constitutes concealment; his knowledge imputed to insured. 109 C. 673. Insured entrusting settlement to
agent responsible for agent's fraud within scope of authority, though ignorant of it. Id., 686. Cited. 217 C. 340.