2011 Connecticut Code
Title 38a Insurance
Chapter 701 Personal and Commercial Risk Insurance Rating Practices
Sec. 38a-663. (Formerly Sec. 38-201a). Definitions.

      Sec. 38a-663. (Formerly Sec. 38-201a). Definitions. The following words and phrases, as used in sections 38a-663 to 38a-696, inclusive, shall have the following meanings unless the context otherwise requires:

      (a) "Rating organization" means an individual, partnership, corporation, unincorporated association, other than an admitted insurer, whether located within or outside this state, who or which has as a primary object or purpose the making of rates, rating plans or rating systems. Two or more admitted insurers which act in concert for the purpose of making rates, rating plans or rating systems, and which do not operate within the specific authorizations contained in sections 38a-667, 38a-669, 38a-670 and 38a-672 shall be deemed to be a rating organization. No single insurer shall be deemed to be a rating organization.

      (b) "Advisory organization" means every group, association or other organization of insurers, whether located within or outside this state, which assists insurers or rating organizations in rate-making by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, provided the term shall not include actuarial, legal or other consultants.

      (c) "Member" means an insurer who participates in or is entitled to participate in the management of a rating, advisory or other organization.

      (d) "Subscriber" means an insurer which is furnished at its request (1) with rates and rating manuals by a rating organization of which it is not a member, or (2) with advisory services by an advisory organization of which it is not a member.

      (e) "Wilful" and "wilfully" in relation to an act or omission which constitutes a violation of sections 38a-663 to 38a-681, inclusive, means with actual knowledge or belief that such act or omission constitutes such violation and with specific intent to commit such violation.

      (f) "Market" means the interaction between buyers and sellers consisting of a product market component and a geographic market component, as determined by the commissioner in accordance with the provisions of subsection (b) of section 38a-687.

      (g) "Noncompetitive market" means a residual market or a market for which there is a ruling in effect pursuant to section 38a-687, that a reasonable degree of competition does not exist.

      (h) "Competitive market" means a market which has not been found to be noncompetitive pursuant to section 38a-687.

      (i) "Personal risk insurance" means homeowners, tenants, private passenger nonfleet automobile, mobile manufactured home and other property and casualty insurance for personal, family or household needs except workers' compensation insurance.

      (j) "Commercial risk insurance" means insurance within the scope of sections 38a-663 to 38a-696, inclusive, which is not personal risk insurance.

      (k) "Supplementary rate information" includes any manual or plan of rates, classification, rating schedule, minimum premium, rating rule, and any other similar information needed to determine the applicable rate in effect or to be in effect.

      (l) "Supporting information" means (1) the experience and judgment of the filer and the experience or data of other insurers or organizations relied upon by the filer, (2) the interpretation of any statistical data relied upon by the filer, and (3) descriptions of methods used in making the rates, and other similar information required to be filed by the commissioner.

      (m) "Residual market" means an arrangement for the provision of insurance in accordance with the provisions of section 38a-328, 38a-329 or 38a-670.

      (1969, P.A. 665, S. 1; P.A. 82-353, S. 3; June Sp. Sess. P.A. 83-3, S. 1; P.A. 01-174, S. 12.)

      History: P.A. 82-353 subdivided the section, amended the definition of "advisory organization" to exclude actuarial, legal and other consultants and defined "market", "noncompetitive market", "competitive market", "personal risk insurance", "commercial risk insurance", "supplementary rate information", "supporting information" and "residual market"; June Sp. Sess. P.A. 83-3 changed term "mobile home" to "mobile manufactured home" in Subdiv. (i); Sec. 38-201a transferred to Sec. 38a-663 in 1991; P.A. 01-174 substituted references to Sec. 38a-696 for Sec. 38a-697 in the introductory language and in Subdiv. (j) and made a technical change in Subdiv. (l).

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