Sec. 38a-818. (Formerly Sec. 38-63). Hearing on unfair practice not so defined. Injunction.
Sec. 38a-818. (Formerly Sec. 38-63). Hearing on unfair practice not so defined.
Injunction. Whenever the commissioner has reason to believe that any person engaged
in the business of insurance is engaging in this state in any method of competition or
in any act or practice in the conduct of such business which is not defined in section
38a-816, that such method of competition is unfair or that such act or practice is unfair
or deceptive and that a proceeding by him in respect thereto would be to the interest of
the public, he may issue and serve upon such person a statement of the charges in that
respect and a notice of a hearing thereon to be held at a time and place fixed in the notice,
which shall not be less than thirty days after the date of the service thereof. Each such
hearing shall be conducted in the same manner as the hearings provided for in section
38a-817. The commissioner shall, after such hearing, make a report in writing in which
he shall state his findings as to the facts, and he shall serve a copy thereof upon such
person. If such report charges a violation of sections 38a-815 to 38a-819, inclusive, and if
such method of competition, act or practice has not been discontinued, the commissioner
may, through the Attorney General, at any time after ten days after the service of such
report, cause a petition to be filed in the superior court for the judicial district wherein
the person resides or has his principal place of business, to enjoin and restrain such
person from engaging in such method, act or practice. The court shall have jurisdiction of
the proceeding and shall have power to make and enter appropriate orders in connection
therewith and to issue such writs as are ancillary to its jurisdiction or are necessary in
its judgment to prevent injury to the public pendente lite. If the court finds that the
method of competition complained of is unfair or that the act or practice complained of
is unfair or deceptive, that the proceeding by the commissioner with respect thereto is
to the interest of the public and that the findings of the commissioner are supported by the
weight of the evidence, it shall issue its order enjoining and restraining the continuance of
such method of competition, act or practice.
(1955, S. 2819d; P.A. 78-280, S. 2, 12.)
History: P.A. 78-280 replaced "county" with "judicial district"; Sec. 38-63 transferred to Sec. 38a-818 in 1991.
Annotations to former section 38-63:
Cited. 186 C. 507. Legislative intent is to make insurance practices subject to both the Connecticut Unfair Insurance
Practices Act and the Connecticut Unfair Trade Practices Act. 199 C. 651. Conn. unfair insurance practices act cited. 206
C. 668. Sec. 38-62 et seq. cited. 207 C. 77. Cited. 215 C. 277. CUIPA cited. 216 C. 830.
Cited. 13 CA 208.