Sec. 38a-318a. Information to be furnished to Commissioner of Administrative Services re filed liability insurance claims. Confidentiality of information. Costs and reimbursement. Immunity from liabil
Sec. 38a-318a. Information to be furnished to Commissioner of Administrative Services re filed liability insurance claims. Confidentiality of information.
Costs and reimbursement. Immunity from liability. (a) Notwithstanding any provision of the general statutes, each insurer authorized to issue policies of liability insurance
in the state shall, upon the filing of any claim for damages because of bodily injury or
death for a resident of this state, provide notice of such claim to the Commissioner of
Administrative Services for the purposes of identifying potential liabilities to the state
that the commissioner is authorized to collect pursuant to the general statutes. The content of such notice and the manner of its transmission shall be determined by the department in consultation with the insurers, except that insurers may provide such required
notification directly to the commissioner or through a central reporting organization to
which the insurer subscribes.
(b) The state shall maintain, as confidential, any information obtained, collected,
prepared or received pursuant to this section. The state shall not store or maintain any
information provided pursuant to this section unless the state identifies the claimant as
having a potential liability to the state.
(c) The commissioner shall reimburse insurers or central reporting organizations,
as applicable, for the reasonable documented costs, as determined by the commissioner,
incurred for compliance with this section.
(d) Each insurer, its directors, agents, and employees and each central reporting
organization, its agents and employees, authorized by an insurer to act on its behalf,
that provide or attempt to provide data pursuant to the provisions of this section shall
be immune from any liability under any law to any person or entity for any alleged or
actual damages that occur as a result of providing or attempting to provide data pursuant
to this section, provided said damages are not caused by intentional, wilful or wanton
misconduct. Compliance with the requirements of this section shall not subject any
insurer, its directors, agents, employees and insureds, or any central reporting organization, its agents and employees, authorized by an insurer to act on its behalf, to any claims
brought pursuant to sections 38a-816, 38a-975 to 38a-999a, inclusive, or section 42-110b, or any penalty pursuant to section 38a-15.
(e) Information provided by or obtained from an insurer or the central reporting
organization pursuant to this section shall not be subject to disclosure under section
1-210.
(P.A. 05-251, S. 88; June Sp. Sess. P.A. 05-3, S. 59.)
History: P.A. 05-251 effective September 1, 2005; June Sp. Sess. P.A. 05-3 amended Subsec. (a) to notwithstand
general statutes, delete references to workers' compensation insurance, and revise provisions re purpose and collection of
information, inserted new Subsec. (b) designator and amended Subsec. (b) to require the state to maintain information as
confidential and delete provision that no insurer or company shall issue payment on any claim until 25 days after required
notice is provided, inserted new Subsec. (c) re costs and reimbursement, redesignated existing Subsec. (b) as Subsec. (d)
and amended same to add references to agents of central reporting organizations and rewrite provisions re immunity, added
new Subsec. (e) re information not subject to disclosure under Sec. 1-210, and made technical changes, effective September
1, 2005.