Sec. 38a-843. (Formerly Sec. 38-280). Insolvent insurers. Penalty. Petition to show cause.
Sec. 38a-843. (Formerly Sec. 38-280). Insolvent insurers. Penalty. Petition to
show cause. (1) The commissioner shall: (a) Notify said association of the existence of
an insolvent insurer, and notify the chairman of the Workers' Compensation Commission and the State Treasurer of the existence of an insolvent workers' compensation
insurer, not later than three days after he receives notice of the determination of any
such insolvency; (b) upon request of the board of directors, provide said association
with a statement of the net direct written premiums of each member insurer.
(2) The commissioner may: (a) Require that said association notify those persons
insured by the insolvent insurer, and any other interested parties, of the determination
of insolvency and of their rights under sections 38a-836 to 38a-853, inclusive. Such
notification shall be by mail sent to their last known address, where available, provided
if sufficient information for such notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient to satisfy the requirements
of this subsection; (b) suspend or revoke, after notice and hearing, the certificate of
authority to transact insurance in this state of any member insurer that fails to pay an
assessment when due or which fails to comply with said plan of operation. In lieu of
such suspension or revocation, the commissioner may levy a fine on any member insurer
which fails to pay an assessment when due, provided no such fine shall exceed five per
cent of the unpaid assessment per month, and provided no fine shall be less than five
hundred dollars per month; (c) revoke the designation of any servicing facility if he
finds claims are being handled unsatisfactorily.
(3) Any person aggrieved by any final action or order of the commissioner under
sections 38a-836 to 38a-853, inclusive, may within thirty days from the date of such
action or order petition the superior court for the judicial district of Hartford to require
the commissioner to show cause why said action or order should not be reversed or
eliminated, and, if said court finds that the action or order of the commissioner was
arbitrary and unjustified it shall take such action in the premises as may seem equitable.
The pendency of any such petitions to show cause shall act as a stay of execution of any
such order. Petitions under this section shall be privileged in respect of trial assignment.
(1971, P.A. 466, S. 8; P.A. 78-280, S. 6, 127; P.A. 86-35, S. 2; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142,
S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 08-178, S. 42.)
History: P.A. 78-280 substituted "judicial district of Hartford-New Britain" for "Hartford county" in Subsec. (3); P.A.
86-35 amended Subsec. (1) to require the insurance commissioner to notify the chairman of the workers' compensation
commission and the state treasurer whenever a workers' compensation insurer becomes insolvent; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; Sec. 38-280 transferred to Sec.
38a-843 in 1991; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996,
effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1,
1998, effective July 1, 1995; P.A. 08-178 amended Subsec. (2) by making technical changes and increasing per month
minimum fine from $100 to $500.