Sec. 38a-806. (Formerly Sec. 38-185q). Underwriting standards. Conditions on sale. Guaranteed issue required for limited time.
Sec. 38a-806. (Formerly Sec. 38-185q). Underwriting standards. Conditions
on sale. Guaranteed issue required for limited time. (a) No insurer shall use underwriting standards for individual risk selection in a mass marketing plan which are significantly more restrictive than the standards used by such insurer for individual risk selection in the sale of the same kind of insurance in this state other than pursuant to mass
marketing plans. In the event the insurer does not sell such kind of insurance in this
state other than pursuant to a mass marketing plan, its underwriting standards for individual risk selection in such plans shall not be significantly more restrictive than the standards used by its principal affiliate, if any, for individual risk selection in the sale of
such kind of insurance in this state other than pursuant to mass marketing plans. The
principal affiliate shall be considered the affiliate with the largest premium volume for
such kind of insurance in this state.
(b) No insurer shall sell insurance pursuant to a mass marketing plan if (1) the
purchase of insurance available under such plan is contingent upon the purchase of any
other insurance, product or service, or (2) the purchase or price of any other insurance,
product or service is contingent upon the purchase of insurance available under such
plan. The provisions of this subsection shall not be construed to prohibit a requirement
that a person purchase underlying liability insurance as a condition to the purchase of
personal umbrella or excess liability insurance. The provisions of this subsection shall
not be construed to prohibit the reasonable requirement of safety devices, including,
but not limited to, fire or heat detectors, lightning rods or theft prevention equipment.
(c) Each policy in force under a mass marketing plan on or before October 1, 1999,
shall be eligible for issue on a guaranteed issue basis for one year after October 1, 1999,
except if the applicant has been convicted of violating any provision of subsection (d)
of section 14-12, section 14-43, 14-222 or 14-222a, or subsection (a) of section 14-224
or 14-227a within three years of the applicant's application, or convicted within three
years of the applicant's application of operating a motor vehicle while the applicant's
operator's license was suspended or revoked.
(1971, P.A. 464, S. 6; P.A. 84-429, S. 72; 84-546, S. 97, 173; P.A. 99-257, S. 4.)
History: P.A. 84-429 added reference to Sec. 14-12(d) and P.A. 84-546 deleted reference to Sec. 14-218 and added
reference to Sec. 14-222a; Sec. 38-185q transferred to Sec. 38a-806 in 1991; P.A. 99-257 deleted existing provisions in
their entirety and replaced with Subsec. (a) re underwriting standards, Subsec. (b) re contingencies on purchase of insurance,
and Subsec. (c) re guaranteed issue for certain policies subject to enumerated conditions.