Sec. 49-73. Liens on accident and liability policies in favor of hospitals and ambulance services. Service of process on insurer and defendant.
Sec. 49-73. Liens on accident and liability policies in favor of hospitals and
ambulance services. Service of process on insurer and defendant. (a) Any hospital
which is exempt from taxation under the provisions of section 12-81, any ambulance
owner, operator, association, partnership or corporation, or any hospital owned and
operated by a municipality or the state, which furnished medical or other service or
materials to any patient injured by reason of any accident not covered by the Workers'
Compensation Act has a lien on the proceeds of any accident and liability insurance
policy issued by any company authorized to do business in this state, which proceeds
may be due such patient, either directly or indirectly, to the extent of the actual cost
of such service and materials, provided such hospital or ambulance owner, operator,
association, partnership or corporation, or, in the case of the state, the Department of
Administrative Services, after the commencement of rendering of such service or providing of such materials and before payment by the insurance company, serves written
notice upon the insurance company by registered or certified mail at its principal home
office or any branch office, if the company issuing the policy is located within this state,
and upon the Insurance Commissioner of this state by registered or certified mail, if the
insurance company is located without the state. The notice shall be in duplicate and
shall contain the name of the injured person, if known, the name of the company or
companies issuing the policy and the amount expended and an estimate of the amount
to be expended in the services rendered to or the materials provided for the patient.
(b) Whenever the liability of the company or companies, either directly or indirectly,
to the patient has been fixed, the insurance company shall pay directly to the hospital
or ambulance owner, operator, association, partnership or corporation, or, in the case
of the state, to the Department of Administrative Services, the amount due it, provided
the amount shall be agreed upon by all of the parties interested. A receipt by the hospital
or ambulance owner, operator, association, partnership, corporation or division is evidence of payment of such amount by such company or companies on account of their
liability to the insured.
(c) If the interested parties do not agree concerning the amount due the hospital or
ambulance owner, operator, association, partnership, corporation or division, either
party may bring an action of interpleader in the judicial district in which the hospital or
ambulance owner, operator, association, partnership or corporation involved is located
or, in the case of the state, in the judicial district of Hartford.
(d) When an insurance company located outside the state is a defendant, service of
process may be made on the Insurance Commissioner of this state, as set forth in section
38a-25. When any such defendant is a nonresident person who has been a patient in
any hospital in this state or has used the services of such ambulance owner, operator,
association, partnership or corporation, that person shall be conclusively presumed, by
virtue of his admission as a patient in the hospital or use of the services of the ambulance
owner, operator, association, partnership or corporation, to have appointed the Secretary
of the State as his agent for service of process in any action of interpleader under the
provisions of this section, arising out of his treatment as such patient or because of such
service, and for no other purpose. Service shall be made by delivering to and leaving
with the secretary or some person designated by him to receive the process in his office
two copies thereof and by paying to him the sum of five dollars. The secretary shall
forthwith send by registered or certified mail one of the copies of the process to the
defendant at his last-known address and shall keep a record of all process so served
on him.
(1949 Rev., S. 7252; 1953, 1955, S. 2978d; 1959, P.A. 356, S. 1; 457; 1969, P.A. 49; 561, S. 11; P.A. 77-614, S. 71,
610; P.A. 78-280, S. 2, 6, 127; P.A. 79-376, S. 69; 79-602, S. 124; P.A. 85-35; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2;
90-243, S. 175; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)
History: 1959 acts increased fee paid to secretary of the state for service of process from $2 to $5 and applied provisions
to "any ambulance owner, operator, association, partnership or corporation"; 1969 acts specified that division of central
collections of finance and control department is agent for state and specified that actions involving the state are to be
brought before court in Hartford county and substituted reference to Sec. 38-265 for reference to Sec. 38-23; P.A. 77-614
replaced central collections division of finance and control department with department of administrative services; P.A.
78-280 replaced general reference to counties with reference to judicial districts and specific reference to Hartford county
with reference to judicial district of Hartford-New Britain; P.A. 79-376 substituted "workers' compensation" for "workmen's compensation"; P.A. 79-602 divided section into Subsecs. and rephrased provisions but made no substantive changes;
P.A. 85-35 amended Subsec. (a) to require that written notice be served upon the insurance company by registered or
certified mail, and to permit such notice to be sent to any branch office of the company; 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; P.A. 90-243 made technical changes for
statutory consistency; 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.
Cited. 37 CS 596.