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  1. Dram Shop Act caps liability | Ask PIA

    What does Connecticut’s Dram Shop Act say? Does it cap the seller’s liability?

    Connecticut’s “Dram Shop Act” is found at C.G.S. Section 30-102, titled “Dram Shop Act; Liquor seller liable for damage by intoxicated person.” The law does cap the seller’s liability at 250/250 and imposes a fairly strict statute of limitations on bringing actions. The Connecticut law states: ...

  2. Exceptions to Dram Shop Act caps | Ask PIA

    We have an insured which is a fraternal organization. Its liquor legal liability policy, endorsed with form CG 28 57, provides them a $1 million limit. Isn’t $250,000/$250,000 all that the law requires?

    If your client’s only exposure were under Connecticut’s Dram Shop Act, you’re correct that the liability is limited to $250,000 per person and $250,000 in the aggregate. However, the Supreme Court has made an exception to the Dram Shop Act cap. In Ely v. Murphy, 540 A.2d 54 (Conn. 1988),...

  3. Individual health contracts | Ask PIA

    What is the law regarding open enrollment and pre-existing condition limitations for individual health insurance contracts in Connecticut?

    As a condition of writing individual health insurance in Connecticut, insurers must make an individual comprehensive health-care plan (as described in Section 38a-555 of the Insurance Law) available to every resident of Connecticut except residents who are both 65 or older and eligible for Medicare. The law does not require...

  4. Host liquor liability—homeowners | Ask PIA

    We have a homeowners client whose son is getting married and our client is holding a bachelor party where liquor will be served. The hall where the party will be held is requiring a certificate of insurance from our client. We are not sure how to handle this situation. Please...

    Your client’s homeowners policy provides personal liability coverage for claims or suits against the insured for damages because of bodily injury or property damage caused by a covered occurrence. Coverage for incidents at the party would be afforded, since the bachelor party you describe would not fall under the homeowners...

  5. Insurable interest | Ask PIA

    Does a homeowners association (not a condo or co-op association) have an insurable interest in a free-standing house owned by one of its members? The association is mandating that owners of homes in the development include the association as an additional insured for both property and liability coverages. Our company...

    It is possible for the association to have an insurable interest beyond ownership based upon Insurance Law, contractual rights, and exposure to lawsuits. Connecticut Insurance Law Section 38a-1(10) defines an insurable interest as “an interest which is subject to a risk of loss through destruction or impairment of that interest.”...

  6. Trust account agreements | Ask PIA

    I am trying to open a trust account with a new bank and they are asking me for a trust account agreement. Is this required?

    New Jersey Insurance Law does not require that a producer execute a trust account agreement with financial institutions. However, many institutions are requiring producers to execute such agreements. There are some benefits to executing this agreement whether a financial institution asks for it or not.  Funds deposited at a depository...

  7. Standards for I.D. cards | Ask PIA

    It seems like each branch of the Department of Motor Vehicles has a different set of requirements for insurance I.D. cards. For example, I worked with a local branch that wants the agent to sign the I.D. card and print it on agency letterhead. Are there any standards set by...

    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. cards and one for permanent cards issued by the company. Whenever an insurance agent binds...

  8. Agency appointments | Ask PIA

    Could PIACT research the relationship of subproducers to wholesalers and whether subproducers need to get agency appointments?

    The Connecticut Insurance Department comments in its licensing information on “When does a producer become an agent?” The department states that a producer needs an appointment if the producer acts as a representative of an authorized insurance company and/or its products; or has binding authority, an employment contract or...

  9. Getting expiration dates | Ask PIA

    What are the rules in Connecticut regarding the licensing of telemarketers? If we employ someone who only solicits expiration dates, does that person need to be licensed?

    If an individual is only obtaining expiration dates and not in any way attempting to solicit an insurance sale during the call, or in any way rendering advice regarding insurance coverage, or in any way effecting new coverage or a change to existing coverage, the person does not need to...

  10. Mass-marketing plans | Ask PIA

    What are the rules governing mass-marketing programs in Connecticut?

    Standards for mass marketing of personal-lines property/casualty insurance are found in Section 38a-802 through 38a-810 of the Insurance Law. (These provisions do not apply to premium remittance plans administered by an employer who collects premiums for insured employees by payroll deduction, or administered by some other collection system offering no...

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