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  1. Run-off provisions; exception | Ask PIA

    Our agency had a producer terminated by a fire insurer for lack of production. At the time, the company said they would renew policies for us during the 18-month run-off period with the expectation that “your agency appointment will remain in full force until all business is placed elsewhere.” ...

    According to the Connecticut Insurance Department, the fire insurance company made a mistake in filing the appointment cancellation notice before the expiration of your 18-month run-off period. The terminated agents law (C.G.S. Section 38a-709) requires the company to permit the renewal of all policies written by the agent for...

  2. Aftermarket (non-OEM) parts | Ask PIA

    We have an insured who was in an auto accident. The carrier wants to make the repair with aftermarket parts. Our client is very upset with this and wants to know whether there is any requirement that the insurer repair this Chrysler with Chrysler OEM parts.

    No, an insurer is not required to use manufacturer parts. An insurer may specify non-OEM parts as long as they fulfill the “like kind and quality” provisions of the insurance contract. Unlike some states, Connecticut does not require that the aftermarket part manufacturer and/or the insurer warrant the performance of...

  3. Arbitration procedure for vehicle damage claims | Ask PIA

    We’ve run into a situation in which the claimant and the insurer just can’t agree on a settlement for a collision loss. Where can we turn?

    Connecticut provides an arbitration procedure for automobile physical damage and property damage claims, where liability and coverage are not in dispute. If mediation by the Connecticut Insurance Department’s Division of Consumer Affairs fails to resolve a dispute between a claimant and an insurance company, the department examiner who examined the...

  4. DUI records | Ask PIA

    Is it true that a driving under the influence conviction stays on a driver’s record for 10 years?

    Whether a court convicts a driver of DUI or it is an administrative action under the “per se” law (e.g., when the driver refuses a blood, breath or urine alcohol test), the record is maintained on the DMV abstract for 10 years. However, if convicted in court, the court may...

  5. Financial security enforcement | Ask PIA

    We know that certain changes were made in the way Connecticut enforces its auto insurance requirements last year, but we’re not sure what the changes are. Could you summarize how the enforcement system works?

    Public Act No. 98 took effect Oct. 1, 1998. It had strong support from PIACT. It strengthened both the penalties and the enforcement system regarding uninsured operation of a motor vehicle. Highlights of the Act are:* it provides for seizure, impoundment and potential forfeiture of uninsured vehicles following cancellation of...

  6. I.D. cards—leased vehicles | Ask PIA

    Can private-passenger fleet insurance I.D. cards be designated as “all leased vehicles”?

    It is not necessary to designate “leased” vehicles, because the definition of “owned” includes leased vehicles; just record “all owned vehicles” (see C.G.S.A. 38a-363 and 38a-364).

  7. I.D. cards—legal standards | Ask PIA

    We are having problems with our local Department of Motor Vehicles office accepting laser-printed I.D. cards rather than typed versions. Is there any rule stating they must accept laser-printed cards?

    PIACT has confirmed with the DMV (in response to problems experienced by another member) that standards for I.D. cards are intended to be uniform among all their DMV offices. There are two sets of standards for I.D. cards, found in Section 38a-364 of the Insurance Law: one for temporary I.D....

  8. Learner’s permit | Ask PIA

    Can an auto insurer increase the premium when a child obtains a learner’s permit?

    No. In Bulletin PC-32, issued Jan. 15, 1997, the Connecticut Insurance Department discussed the 1996 law requiring people to get a learner’s permit before being eligible for a regular driver’s license and the significant restrictions placed on a driver with a learner’s permit. According to the bulletin, “In response to...

  9. Nonpayment—bad check, renewal | Ask PIA

    We have an auto insurance customer who paid his renewal premium with a check that bounced. When the company finally figured out the check had bounced, they issued a cancellation notice. However, before the cancellation took effect the client had an accident. Now, the company is saying that coverage was...

    Yes. Since this is a renewal policy, the coverage cannot be retroactively terminated back to the inception date. Rather, a prospective notice of cancellation must be given. According to Insurance Law Section 38a-343: (a) No notice of cancellation of a policy to which Section 38a-342 applies shall be effective unless...

  10. Parents’ liability for son’s auto | Ask PIA

    We insure a family where the son, age 24, lives with his parents and has his own personal auto policy. If the son is involved in an accident, is there any exposure for the parents? Also, in writing the son’s policy, we have listed the parents as members of the...

    The parents have no additional exposure based solely on the fact the son lives in the house. However, if the parents are using or maintaining the son’s vehicle, or directing the son’s activity at the time he is involved in an accident, then they could have additional exposure from his...

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