Free Personal Automobile Policy Study Guide
Connecticut Casualty exam — Personal Automobile Policy.
The personal auto policy itself (ISO PP 00 01: liability, medical payments, UM/UIM, physical damage, duties after loss) is explained in the national guide. Connecticut's auto rules are in Conn. Gen. Stat. 38a-334 to 38a-372, the financial responsibility law in 14-112, and the negligence statute 52-572h. The state questions focus on the limits, UM/UIM and the cancellation rules.
Tort system and required insurance
- Connecticut is an at-fault (tort) state. An injured person claims against the at-fault driver and that driver's insurer.
- Modified comparative negligence (52-572h(b)): a plaintiff recovers, reduced by his own share of fault, as long as his negligence is not greater than the combined negligence of the defendants. At 51% or more, he recovers nothing.
- Minimum limits: $25,000 per person and $50,000 per accident for bodily injury, and $25,000 property damage (25/50/25) (14-112(a), 38a-335(a)).
- Mandatory coverages: the Commissioner's regulations make bodily injury liability, property damage liability and uninsured motorist coverage mandatory (38a-334).
- Security must be maintained continuously through the registration period (38a-371). Registration requires an insurance ID card and a signed statement that coverage will be kept.
- Driving without the required security is a class C misdemeanor.
- If the vehicle won't be driven for at least 30 consecutive days, the owner may sign a request and the insurer suspends coverage as requested (38a-371(f)).
- Territory and out-of-state limits: policies cover the U.S., its territories and possessions, and Canada. They automatically meet another state's required limits while the car is there (38a-335).
Proof of financial responsibility
- When proof is required, it can be an insurer's certificate (commonly called an SR-22), a surety bond, or a deposit with the State Treasurer (14-112(b)).
- The insurer may charge up to $10 to file it and can't refuse while a valid policy is in force.
- A certified policy can't be canceled without 10 days' notice to the Commissioner of Motor Vehicles.
- The driver may apply to remove the requirement after 12 months.
Who is covered
- Liability covers the named insured and resident relatives, unless a relative is excluded by endorsement (38a-335(d)).
- Policies must say whether they cover liability, collision or comprehensive damage to a rented private passenger car (38a-335(b)).
Uninsured and underinsured motorist (38a-336)
- UM/UIM is required on every auto liability policy. It also protects insureds when the other driver's insurer becomes insolvent before paying.
- Limits:
- Limits equal the policy's bodily injury limits, unless a named insured signs an informed consent form choosing less. They can never be below the statutory minimum.
- The insurer must offer UM/UIM limits of twice the bodily injury limits.
- UIM trigger: a vehicle is underinsured when its total bodily injury limits are less than your UM limits (38a-336(e)).
- Optional conversion coverage isn't reduced by the at-fault driver's payment. It applies whenever those payments fall short of fair damages (38a-336a).
- No stacking: UM limits on two or more vehicles can't be added together for one accident.
- Priority: in a non-owned car, the occupied vehicle's UM is primary and your own is secondary.
- Claims process:
- Disputes go to one arbitrator if the demand is $40,000 or less, and to a panel of three if more.
- The policy can't shorten the time to sue or demand arbitration below three years from the accident.
- The insurer may refuse a UM claim the insured settled without its consent (Reg. 38a-334-6).
- Employees: an employee injured in the employer's car is covered by the employer's UM/UIM, despite the workers' comp exclusive-remedy rule (38a-336(f)).
Cancellation, nonrenewal and underwriting
- After the policy has been in force 60 days, the insurer may cancel only for:
- nonpayment
- revocation of the license or registration of the named insured or a resident or customary driver (38a-342)
- Notice periods (38a-343):
- 45 days before cancellation
- 15 days for nonpayment of a new policy's first premium
- 10 days for other nonpayment
- The cancellation notice warns that the cancellation will be reported to the Commissioner of Motor Vehicles.
- Nonrenewal requires 60 days' notice with the reason (38a-323).
- An insurer can charge an insured who cancels no more than $100 in fees (38a-343(e)).
- A policy written for less than six months is treated as six months. Terms over a year are treated as successive one-year terms (38a-341).
- Prohibited reasons to decline, cancel or nonrenew (38a-358):
- prior coverage in the residual market, or a prior declination by another insurer
- race, religion and the other listed traits
- the first or second not-at-fault accident in the experience period
- credit history, or lack of credit history, alone
- Volunteer firefighters and ambulance members can't be nonrenewed or surcharged for that service (38a-351).
- No surcharge for a property-damage-only accident of $1,000 or less, or for an accident caused by someone other than the named insured, a resident relative or a customary driver (38a-686(b)).
Claims rules
- Total loss valuation: the insurer must use at least the average of the NADA retail value and one other approved source (38a-353). It must add sales tax to the settlement when it takes title (38a-816(16)).
- Repair estimates must state, in bold, that you have the right to choose the licensed repair shop (38a-354).
- Insurers disclose policy limits within 30 days of a qualifying certified-mail request (38a-335a).
- Insurers report auto fraud information by March 31 each year. People who report fraud in good faith are immune from liability (38a-356).
Assigned risk plan
- The assigned risk plan covers drivers who can't get insurance in the voluntary market (38a-329).
- It offers the minimum limits and physical damage coverage, and higher limits up to 250/500/100 or a $500,000 single limit.
- Producers may charge a $35 service fee on each initial policy. The minimum down payment is 25% of the annual premium.
- Insurers must tell the named insured about possible eligibility for the plan (38a-345).
Exam traps
- The limits are 25/50/25. Connecticut is tort, and recovery is barred at more than 50% fault.
- UM/UIM is mandatory. It defaults to the bodily injury limits, must be offered at twice those limits, and can't be stacked.
- Notice periods: 45 days to cancel, 15 / 10 days for nonpayment, 60 days to nonrenew.
- No cancellation after 60 days except for nonpayment or a license or registration revocation.
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