Sec. 38a-308. (Formerly Sec. 38-99). Provisions of policy or contract.
Sec. 38a-308. (Formerly Sec. 38-99). Provisions of policy or contract. (a) No
policy or contract of fire insurance shall be made, issued or delivered by any insurer or
any agent or representative thereof, on any property in this state, unless it conforms as
to all provisions, stipulations, agreements and conditions with the form of policy set
forth in section 38a-307. There shall be printed at the head of such policy the name of
the insurer or insurers issuing the policy, the location of the home office thereof, a
statement showing whether such insurer or insurers are stock or mutual corporations or
are reciprocal insurers or Lloyd's underwriter, provided any company organized under
special charter provisions may so indicate upon its policy and may add a statement of
the plan under which it operates in this state, and there may be added thereon such device
or devices as the insurer or insurers issuing such policy desire. Such policy shall be
clearly designated on the back of the form as "The Standard Fire Insurance Policy of
the State of Connecticut"; and this designation may include the names of such other
states as have adopted this standard form. The standard fire insurance policy provided
for in section 38a-307 need not be used for effecting reinsurance between insurers. If
the policy is issued by a mutual, cooperative or reciprocal insurer having special regulations with respect to the payment by the policyholder of assessments, such regulations
shall be printed upon the policy and any such insurer may print upon the policy such
regulations as are appropriate to or required by its form of organization. Insurers issuing
the standard fire insurance policy pursuant to section 38a-307 are authorized to affix
thereto or include therein a written statement that the policy does not cover loss or
damage caused by nuclear reaction or nuclear radiation or radioactive contamination,
all whether directly or indirectly resulting from an insured peril under such policy;
provided nothing herein contained shall be construed to prohibit the attachment to any
such policy of an endorsement or endorsements specifically assuming coverage for loss
or damage caused by nuclear reaction or nuclear radiation or radioactive contamination.
(b) Any policy or contract which includes, either on an unspecified basis as to coverage or for an indivisible premium, coverage against the peril of fire and substantial
coverage against other perils need not comply with the provisions of subsection (a)
hereof, provided (1) such policy or contract shall afford coverage, with respect to the
peril of fire, not less than the substantial equivalent of the coverage afforded by said
standard fire insurance policy, (2) the provisions in relation to mortgagee interests and
obligations in said standard fire insurance policy shall be incorporated therein without
change, (3) such policy or contract is complete as to all of its terms without reference
to any other document and (4) the commissioner is satisfied that such policy or contract
complies with the provisions hereof.
(c) None of the provisions of this section shall apply to policies of automobile or
aircraft physical damage insurance or to policies of inland marine insurance.
(d) The provisions of section 38a-346 shall apply in the event of cancellation of a
policy issued pursuant to this chapter.
(e) Any policies made, issued or delivered through a fire, liability and allied lines
underwriting facility established by the Insurance Commissioner pursuant to section
38a-328 shall not be subject to the cancellation of policy provisions or notice of cancellation requirements of section 38a-307 provided such policies comply with any regulation
adopted by the Insurance Commissioner pursuant to subsection (a) of section 38a-328.
(1949 Rev., S. 6106; 1959, P.A. 99; P.A. 77-199, S. 8, 12; P.A. 80-207, S. 6, 7.)
History: 1959 act added provisions re loss or damage caused by nuclear reaction, radiation or contamination in Subsec.
(a) and Subsecs. (b) and (c); P.A. 77-199 added Subsec. (d); P.A. 80-207 added Subsec. (e); Sec. 38-99 transferred to Sec.
38a-308 in 1991.
Annotations to former section 38-99:
Cited. 219 C. 644.
Cited. 30 CS 291.
Subsecs. (a):
Cited. 190 C. 594.
Subsec. (b):
Cited. 190 C. 594.
Annotations to present section:
Cited. 219 C. 644.
Cited re standard fraud and concealment provisions. 55 CA 488.