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QuickServe State Laws |
1. Unfair Claims Practices Act
2. Unfair Trade Practices Act
3. Imitation Crash Parts Regulations
4. Anti-Steering Regulations
5. Timely Notification
6. Timely Payment
7. False & Misleading Advertising
8. False Use of Insurer’s Name
9. Total Losses
10. Consumer Sales Practices Acts
11. Consumer Auto Repair Practices Acts
12. Telemarketing laws
13. Home Sales Act
14. Licensing Adjusters - public only
15. Diminished Value - No law we have found.
16. Miscellaneous
Definitions: More>> click here for more information on a section.
Updates>> click here for possible future updates of that section; current text
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Unfair Claims Practices Act
(6) Unfair claim settlement practices. Committing
or performing with such frequency as to indicate a general business practice any
of the following:
(a) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue;
(b) failing to acknowledge and act with reasonable promptness upon communications with respect to claims arising under insurance policies;
(c) failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
(d) refusing to pay claims without conducting a reasonable investigation based upon all available information;
(e) failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
(f) not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;
(g) compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;
(h) attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application;
(i) attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of the insured;
(j) making claims payments to insureds or beneficiaries not accompanied by statements setting forth the coverage under which the payments are being made;
(k) making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
(l) delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;
(m) failing to promptly settle claims, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage;
(n) failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement;
(o) using as a basis for cash settlement
with a first party automobile insurance claimant an amount which is less than
the amount which the insurer would pay if repairs were made unless such amount
is agreed to by the insured or provided for by the insurance policy.
More>>
http://www.cga.state.ct.us/2001/pub/Chap704.htm#sec38a-815.htm
Unfair Trade Practices Act
Sec. 42-110b. Unfair trade practices prohibited.
Legislative intent.
(a) No person shall engage in unfair
methods of competition and unfair or deceptive acts or practices in the conduct
of any trade or commerce.
(b) It is the intent of the legislature that in construing subsection (a) of
this section, the commissioner and the courts of this state shall be guided by
interpretations given by the Federal Trade Commission and the federal courts to
Section 5 (a)(1) of the Federal Trade Commission Act (15 USC 45 (a)(1)), as from
time to time amended.
(c) The commissioner may, in accordance with chapter 54, establish by regulation
acts, practices or methods which shall be deemed to be unfair or deceptive in
violation of subsection (a) of this section. Such regulations shall not be
inconsistent with the rules, regulations and decisions of the federal trade
commission and the federal courts in interpreting the provisions of the Federal
Trade Commission Act.
(d) It is the intention of the legislature that this chapter be remedial and be
so construed.
Sec. 38a-816.
(Formerly Sec. 38-61). Unfair practices defined. The following are
defined as unfair methods of competition and unfair and deceptive acts or
practices in the business of insurance:
(1) Misrepresentations and false advertising of insurance policies. Making,
issuing or circulating, or causing to be made, issued or circulated, any
estimate, illustration, circular or statement, sales presentation, omission or
comparison which:
(a) Misrepresents the benefits, advantages, conditions or terms of any insurance policy;
(b) misrepresents the dividends or share of the surplus to be received, on any insurance policy;
(c) makes any false or misleading statements as to the dividends or share of surplus previously paid on any insurance policy; (d) is misleading or is a misrepresentation as to the financial condition of any person, or as to the legal reserve system upon which any life insurer operates;
(e) uses any name or title of any insurance policy or class of insurance policies misrepresenting the true nature thereof;
(f) is a misrepresentation for the purpose of inducing or tending to induce to the lapse, forfeiture, exchange, conversion or surrender of any insurance policy;
(g) is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy; or
(h) misrepresents any insurance policy
as being shares of stock.
(4) Boycott, coercion and intimidation. Entering into any agreement to commit,
or by any concerted action committing, any act of boycott, coercion or
intimidation resulting in or tending to result in unreasonable restraint of, or
monopoly in, the business of insurance.
(5) False financial statements. Filing with any supervisory or other public
official, or making, publishing, disseminating, circulating or delivering to any
person, or placing before the public, or causing, directly or indirectly, to be
made, published, disseminated, circulated or delivered to any person, or placed
before the public, any false statement of financial condition of an insurer with
intent to deceive; or making any false entry in any book, report or statement of
any insurer with intent to deceive any agent or examiner lawfully appointed to
examine into its condition or into any of its affairs, or any public official to
whom such insurer is required by law to report, or who has authority by law to
examine into its condition or into any of its affairs, or, with like intent,
wilfully omitting to make a true entry of any material fact pertaining to the
business of such insurer in any book, report or statement of such insurer.
More>> http://www.cga.state.ct.us/2001/pub/Chap704.htm#sec38a-815.htm
or click here for the Federal Trade Commission Act>> http://www.fda.gov/opacom/laws/ftca.htm
Imitation Crash Parts Regulations
Sec. 38a-355. (Formerly Sec. 38-175z). Notice required
concerning parts used to repair damaged private passenger motor vehicles.
(a) (1) Whenever repairs are necessary to the visible exterior sheet metal or
plastic parts of a damaged private passenger motor vehicle, as defined in
section 38a-363, any insurer or repairer, as defined in section 14-51, preparing
a written estimate of the cost of such repairs shall clearly identify in such
estimate each major replacement part to be used which is not manufactured by the
original manufacturer of the damaged part in such motor vehicle. For the
purposes of this section, "parts" means motor vehicle replacement parts of sheet
metal or plastic, which constitute the visible exterior of the vehicle,
including inner and outer panels, and which are generally repaired or replaced
as the result of a collision.
(2) Attached to any such estimate shall be the following notice, printed in no
less than ten-point type:
NOTICE
This repair estimate is based in part on the use of replacement parts which are
not made by the original manufacturer of the damaged parts in your motor
vehicle.
(3) The insurer or repairer, as the case may be, shall give a copy of such
estimate and notice to the person requesting such estimate.
(b) Any violation of the provisions of this section by an insurer shall be
deemed an unfair or deceptive insurance practice under section 38a-816. Any
violation of the provisions of this section by a repairer shall be deemed an
unfair or deceptive trade practice under subsection (a) of section 42-110b.
More>>
http://www.cga.state.ct.us/2001/pub/Chap700.htm#sec38a-355.htm
Anti-Steering Regulations
Section 38a-354 Automobile appraisers and insurers
prohibited from requiring where repairs should be made.
No automobile physical damage appraiser shall require that appraisals or repairs
should or should not be made in a specified facility or repair shop or shops.
No insurance company doing business in this state, or agent or adjuster for such
company shall require any insured to use a specific person for the provision of
automobile physical damage repairs, automobile glass replacement, glass repair
service or glass products unless otherwise agreed to in writing by the insured.
More>>
http://www.abaconn.com/legislation/index.htm
Timely Notification
(B) Each insurer shall pay claims not later than forty-five days after receipt
by the insurer of the claimant's proof of loss form or the health care
provider's request for payment filed in accordance with the insurer's practices
or procedures, except that when there is a deficiency in the information needed
for processing a claim, the insurer shall
(i) send written notice to the claimant or health care provider, as the case may be, of all alleged deficiencies in information needed for processing a claim not later than thirty days after the insurer receives a claim for payment or reimbursement under the contract, and
(ii) pay claims for payment or reimbursement under the contract not later
than thirty days after the insurer receives the information requested.
More>>
http://www.cga.state.ct.us/2001/pub/Chap704.htm#sec38a-815.htm
Timely Payment
(B) Each insurer shall pay claims not later than forty-five days after receipt
by the insurer of the claimant's proof of loss form or the health care
provider's request for payment filed in accordance with the insurer's practices
or procedures, except that when there is a deficiency in the information needed
for processing a claim, the insurer shall
(i) send written notice to the claimant or health care provider, as the case may be, of all alleged deficiencies in information needed for processing a claim not later than thirty days after the insurer receives a claim for payment or reimbursement under the contract, and
(ii) pay claims for payment or reimbursement under the contract not later than thirty days after the insurer receives the information requested.
More>> http://www.cga.state.ct.us/2001/pub/Chap704.htm#sec38a-815.htm
False and Misleading Advertising
(2) False information and advertising generally. Making, publishing,
disseminating, circulating or placing before the public, or causing, directly or
indirectly, to be made, published, disseminated, circulated or placed before the
public, in a newspaper, magazine or other publication, or in the form of a
notice, circular, pamphlet, letter or poster, or over any radio or television
station, or in any other way, an advertisement, announcement or statement
containing any assertion, representation or statement with respect to the
business of insurance or with respect to any person in the conduct of his
insurance business, which is untrue, deceptive or misleading.
(3) Defamation. Making, publishing, disseminating or circulating, directly or
indirectly, or aiding, abetting or encouraging the making, publishing,
disseminating or circulating of, any oral or written statement or any pamphlet,
circular, article or literature which is false or maliciously critical of or
derogatory to the financial condition of an insurer, and which is calculated to
injure any person engaged in the business of insurance.
More>>
http://www.cga.state.ct.us/2001/pub/Chap704.htm#sec38a-815.htm
False Use of Insurer’s Name
Sec. 38a-816. (Formerly Sec. 38-61). Unfair practices
defined. The following are defined as unfair methods of competition and
unfair and deceptive acts or practices in the business of insurance:
(e) uses any name or title of any insurance policy or class of insurance
policies misrepresenting the true nature thereof;
Update>>
http://www.cga.state.ct.us/2001/pub/Chap704.htm#sec38a-815.htm
Total Losses
(16) Failure to pay, as part of any claim for a damaged motor vehicle under any
automobile insurance policy where the vehicle has been declared to be a
constructive total loss, an amount equal to the sum of
(A) the settlement amount on such vehicle plus, whenever the insurer takes title to such vehicle,
(B) an amount determined by multiplying such settlement amount by a percentage equivalent to the current sales tax rate established in section 12-408. For purposes of this subdivision, "constructive total loss" means the cost to repair or salvage damaged property, or the cost to both repair and salvage such property, equals or exceeds the total value of the property at the time of the loss.
More>> http://www.cga.state.ct.us/2001/pub/Chap704.htm#sec38a-815.htm
Sec. 38a-353. (Formerly Sec. 38-175y). Calculation of
settlement amount on totalled motor vehicle. Whenever any damaged motor
vehicle covered under an automobile insurance policy has been declared to be a
constructive total loss by the insurer, the insurer shall, in calculating the
value of such vehicle for purposes of determining the settlement amount to be
paid to the claimant, use at least the average of the retail values given such
vehicle by
(1) the National Automobile Dealers Association used car guide and
(2) one other automobile industry source which has been
approved for such use by the Insurance Commissioner. For purposes of this
section, "constructive total loss" means the cost to repair or salvage damaged
property, or the cost to both repair and salvage such property, equals or
exceeds the total value of the property at the time of loss.
More>>
http://www.cga.state.ct.us/2001/pub/Chap700.htm#sec38a-355.htm
Consumer Sales Practices Acts
Sec. 42-115e. Injunction.
(a) A person likely to be damaged by a deceptive trade
practice of another may be granted an injunction enjoining such practice under
the principles of equity and on terms that the court considers reasonable. Proof
of monetary damage, loss of profits, competition, actual confusion or
misunderstanding or intent to deceive is not required. Relief granted for the
copying of an article shall be limited to the prevention of confusion or
misunderstanding as to source.
(b) The court in exceptional cases may award reasonable attorneys' fees to the
prevailing party. Costs or attorneys' fees may be assessed against a defendant
only if the court finds that he was willfully engaged in a deceptive trade
practice.
(c) The relief provided in this section is in addition to remedies otherwise
available against the same conduct under the common law or other statutes of
this state.
More>>
http://www.cga.state.ct.us/2001/pub/Chap736.htm
Consumer Auto Repair Practices Acts
Section 38a-790-1 through 38a-790-8 (The Conduct of Motor Vehicle Physical
Damage Appraisers) in the Administrative Code. The Administrative Code is not
online but a hard copy can be obtained by writing to the insurance department.
Telemarketing laws
Sec. 42-285. Contract requirements.
(a) No oral agreement made by a consumer to purchase, lease
or rent goods or services from a telemarketer shall be a binding, valid or
enforceable contract against the consumer unless the telemarketer receives from
the consumer a written and signed contract that discloses in full the terms of
the sale, lease or rental agreement. Any goods sent or services provided to a
consumer by a telemarketer without such written contract shall be deemed to be
an unconditional gift to the consumer without any obligation by the consumer to
the telemarketer.
(b) The contract shall include, but shall not be limited to, the following
information:
(1) The name, address and telephone number of the telemarketer;
(2) A list of all prices or fees being charged including any handling, shipping,
delivery or other charges;
(3) The date of the transaction;
(4) A detailed description of the goods or services being sold, leased or
rented; and
(5) In ten-point boldface type, in a space immediately preceding the space
allotted for the consumer's signature, the following statement: "YOU ARE NOT
OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE
ADDRESS CONTAINED IN THIS CONTRACT".
(c) The telemarketer shall provide the consumer with a duplicate copy of the
contract with the complete information as presented in the original contract, to
be retained by the consumer as proof of the terms of the agreement to purchase,
lease or rent.
More>>
http://www.cga.state.ct.us/2001/pub/Chap743m.htm
Home Sales Act
Sec. 42-134a. Definitions. As used in this chapter:
(a) "Home solicitation sale" means a sale, lease, or rental of consumer goods or
services, whether under single or multiple contracts, in which the seller or his
representative personally solicits the sale, including those in response to or
following an invitation by the buyer, and the buyer's agreement or offer to
purchase is made at a place other than the place of business of the seller. The
term "home solicitation sale" does not include a transaction:
(1) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed, permanent location where goods are exhibited or the services are offered for sale on a continuing basis;
(2) in which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days;
(3) conducted and consummated entirely by mail or telephone and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services;
(4) in which the buyer has initiated the contact and specifically requested the seller to visit his home for the purpose of repairing or performing maintenance upon the buyer's personal property. If in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services shall not come within this exclusion;
(5) pertaining to the sale or rental of real property, to the sale of insurance, to the sale of newspapers or to the sale of securities or commodities by a broker-dealer registered with the securities and exchange commission;
(6) made pursuant to a home party plan sales and demonstration; or
(7) in the case of consumer goods, other than magazine
sales or subscriptions, where the purchase price, whether under single or
multiple contracts, does not exceed twenty-five dollars.
(b) "Consumer goods or services" means goods or services purchased, leased, or
rented primarily for personal, family, or household purposes, including courses
of instruction or training regardless of the purpose for which they are taken.
(c) "Seller" means any person, partnership, corporation, limited liability
company or association engaged in home solicitation sales of consumer goods or
services.
(d) "Place of business" means the main or permanent branch office or local
address of a seller.
(e) "Purchase price" means the total price paid or to be paid for the consumer
goods or services, including all interest and service charges.
(f) "Business day" means any calendar day except Sunday or any of the following
business holidays: New Year's Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and
Christmas Day.
Sec. 42-135a. Notice in sales agreement. Notice of
cancellation. Duties of seller. No agreement of the buyer in a home
solicitation sale shall be effective if it is not signed and dated by the buyer
or if the seller shall:
(1) Fail to furnish the buyer with a fully completed receipt or copy of all
contracts and documents pertaining to such sale at the time of its execution,
which contract shall be in the same language as that principally used in the
oral sales presentation and which shall show the date of the transaction and
shall contain the name and address of the seller, and in immediate proximity to
the space reserved in the contract for the signature of the buyer, or on the
front page of the receipt if a contract is not used, and in boldface type of a
minimum size of ten points, a statement in substantially the following form:
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE
THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE
OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
(2) Fail to furnish each buyer, at the time he signs the home solicitation sales
contract or otherwise agrees to buy consumer goods or services from the seller,
a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which shall
be attached to the contract or receipt and easily detachable, and which shall
contain in ten-point boldface type the following information and statements in
the same language as that used in the contract:
Sec. 42-136. Note or evidence of indebtedness given by
buyer.
(a) Any note or other evidence of indebtedness given by a
buyer in respect of a home solicitation sale shall be dated not earlier than the
date of the agreement or offer to purchase. Any transfer of a note or other
evidence of indebtedness bearing the statement required by subsection (b) of
this section shall be deemed an assignment only and any right, title or interest
which the transferee may acquire thereby shall be subject to all claims and
defenses of the buyer against the seller arising under the provisions of this
chapter.
(b) Each note or other evidence of indebtedness given by a buyer in respect of a
home solicitation sale shall bear on its face a conspicuous statement as
follows: THIS INSTRUMENT IS BASED UPON A HOME SOLICITATION SALE, WHICH SALE IS
SUBJECT TO THE PROVISIONS OF THE HOME SOLICITATION SALES ACT. THIS INSTRUMENT IS
NOT NEGOTIABLE.
(c) Compliance with the requirements of this section shall be a condition
precedent to any right of action by the seller or any transferee of an
instrument bearing the statement required under subsection (b) of this section
against the buyer upon such instrument and shall be pleaded and proved by any
person who may institute action or suit against a buyer in respect thereof.
(d) A promissory note payable to order or bearer and otherwise negotiable in
form issued in violation of this section may be enforced as a negotiable
instrument by a holder in due course according to its terms.
Sec. 42-138. Seller's obligations on cancellation.
(a) Except as provided in this section, within ten business
days after a home solicitation sale has been cancelled the seller shall tender
to the buyer any payments made by the buyer and any note or other evidence of
indebtedness.
(b) If the down payment includes goods traded in, the goods shall be tendered in
substantially as good condition as when received. If the seller fails to tender
the goods as provided by this section, the buyer may elect to recover an amount
equal to the trade- in allowance stated in the agreement.
(c) Until the seller has complied with the obligations imposed by this section
the buyer may retain possession of goods delivered to him by the seller and has
a lien on the goods for any recovery to which he is entitled.
More>>
http://www.cga.state.ct.us/2001/pub/Chap740.htm#sec42-143.htm
Licensing of Adjusters - Public Only
Sec. 38a-723. Definition. As used in this
title, unless the context or subject matter otherwise requires "public adjuster"
means any person, partnership, association, limited liability company or
corporation who or which practices as a business the adjusting of loss or damage
by fire or other hazard under any policies of insurance in behalf of the insured
under such policies, or who advertises or solicits business as a public
adjuster, or holds himself out to the public as engaging in such adjusting as a
business. Lawyers settling claims of clients shall not be deemed to be insurance
adjusters.
Sec. 38a-724. Employment contract required. Cancellation. The use of an employment contract between a public adjuster and a client shall be mandatory. Such contract shall contain a provision specifying that the client may cancel the contract, provided he notifies the public adjuster at his main office or branch office at the address shown in the contract, by certified mail, return receipt requested, posted not later than midnight of the second calendar day after the day on which the client signs the contract, except that if the signing is on a Friday, Saturday or Sunday, the cancellation shall be posted not later than midnight of the Tuesday immediately following, and thereafter the contract shall be void ab initio.
Sec. 38a-725. Penalty. Any person who acts within this state, either in his own behalf or as representative or agent of any other person or any partnership, association or corporation as a public adjuster, unless such person holds a license then in force from the commissioner authorizing him so to act, shall be fined not more than five hundred dollars or imprisoned not more than three months or both.
Sec. 38a-726. Fees within thirty days of loss
prohibited. No public adjuster shall charge or collect a fee if, within
thirty days of a loss to a structure covered by a fire insurance policy, the
insurer offers in writing to pay the full policy limits.
More>>
http://www.cga.state.ct.us/2001/pub/Chap701b.htm
Sec. 38a-731. (Formerly Sec. 38-92c). Certified insurance
consultants, license required. No person shall, for a fee received or to
be received, offer to examine, or examine or aid in examining, any policy of
insurance or any annuity or pure endowment contract for the purpose of giving,
or give or offer to give, any advice, counsel, recommendation or information in
respect to the terms, conditions, benefits, coverage or premium of any such
policy or contract, or in respect to the expediency or advisability of altering,
changing, exchanging, converting, replacing, surrendering, continuing, renewing
or rejecting any such policy or contract, or of accepting or procuring any such
policy or contract from any company, or, in or on advertisements, cards, signs,
circulars or letterheads, or elsewhere, or in any other way or manner by which
public announcements are made, use the title "certified insurance consultant",
"certified insurance advisor", "certified insurance specialist", "certified
insurance counselor", "certified insurance analyst", "certified policyholders'
advisor", "certified policyholders' counselor", or any other similar title, or
any title, word or combination of words indicating that he gives, or is engaged
in the business of giving, advice, counsel, recommendation or information to
holders of policies of insurance or annuity or pure endowment contracts, unless
he holds a license as a certified insurance consultant under the provisions of
sections
Sec. 38a-732. (Formerly Sec. 38-92f). Contracts or
agreements by certified insurance consultants unenforceable, when. No
contract or agreement with a certified insurance consultant of the type referred
to in section 38a-731 shall be enforceable by him unless it is in writing and
executed, in duplicate, by the person to be charged or by his legal
representative, nor unless one of such duplicates is delivered to, or retained
by, such person when it is signed by him, nor unless it plainly specifies the
amount of the fee paid or payable by such person and the services to be rendered
by such certified insurance consultant, nor unless it is in a form currently
approved by the commissioner.
Sec. 38a-733. (Formerly Sec. 38-92g). Required
acknowledgments by certified consultant. A certified insurance consultant
who furnishes any advice or counsel as such consultant, makes any recommendation
or gives any information except under the terms of a previously executed written
contract conforming to section 38a-732 and in full force and effect shall
thereupon, in every case, give to the recipient thereof a statement in writing,
signed by him, in a form currently approved by the commissioner, specifying the
advice, counsel, recommendation or information given, and a receipt, in a form
currently approved by the commissioner, for the fee paid to him or a statement,
in a form currently approved by the commissioner, of the fee to be received by
him therefore. Any person who violates any provision of this section shall be
fined not less than fifty nor more than five hundred dollars.
More>>
http://www.cga.state.ct.us/2001/pub/Chap701c.htm
Diminished Value
We have not found a law yet.
Miscellaneous
Sec. 38a-339. (Formerly Sec. 38-175t). Comprehensive
automobile insurance to provide for repair or replacement of damaged safety
glass, when. Notice of availability.
(a) Any automobile insurance policy providing comprehensive coverage, whether
designated as such or included in a policy providing broader coverage, shall
provide at the option of the insured complete coverage for repair or replacement
of all damaged safety glass without regard to any deductible or minimum amount.
The provisions of this section shall apply to all automobile insurance policies
delivered or issued for delivery or renewed on or after October 1, 1979.
(b) Each insurer which issues an automobile insurance policy in this state that
provides comprehensive coverage shall, at the initial renewal of such a policy
during the calendar year 1986, provide the insured with a written notice of the
availability of the coverage described in subsection (a) of this section.
More>>
http://www.cga.state.ct.us/2001/pub/Chap700.htm#sec38a-339.htm
Loss of Use
It has come to my attention that unless a claimant incurs rental expense,
many insurers fail to consider compensation for loss of use when determining the
sums payable for which an insured is legally liable when settling an automobile
property damage claim.
The right of a third party claimant to be compensated for loss of use was
clearly annunciated in Connecticut in Anderson vs Gengras Motors, Inc., 141
Conn. 688 (1954). In that case, the court held that the plaintiff may "recover
the value of (the vehicle's) use while he is necessarily deprived of it."
A third party claimant may recover compensation for loss of use, regardless of
whether he has incurred a rental expense.
The practice of failing to consider compensation for loss of use, when adjusting
third party automobile property damage claims in which liability has become
reasonably clear, could constitute violation of Section 38-61(6) entitled
"unfair claim settlement practices" inasmuch as said practice does not
constitute a fair and equitable settlement of claims.
Please review the claim procedures with your personnel to be certain that they
comply with the intent of the law.
Peter W. Gillias
Insurance Commissioner
More>> http://www.abaconn.com/legislation/index.htm
State Departments of Insurance
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