Conn. Gen. Stat. § 38a-769

Current with legislation from the 2024 Regular and Special Sessions.

Section 38a-769 - (Formerly Sec. 38-72). Application for license. Regulations. Exceptions

(a) Any person, partnership, association or corporation that is resident in this state, or a nonresident of this state who is not licensed in any other state that offers the type of license sought in this state and maintains a principal place of business in this state, desiring to act within this state as a public adjuster, casualty adjuster, motor vehicle physical damage appraiser, certified insurance consultant, surplus lines broker or desiring to engage in any insurance-related occupation for which a license is deemed necessary by the commissioner, other than an occupation as an insurance producer, shall make a written application to the commissioner for a resident license. Any other person, partnership, association or corporation desiring to so act or to engage in any insurance-related occupation for which a license is deemed necessary by the commissioner, other than an occupation as an insurance producer, shall make a written application to the commissioner for a nonresident license.

(b) Except as provided in subsection (c) of this section, no application for a nonresident license shall be granted unless the applicant holds an equivalent license from any other state. Any application for a resident or nonresident license shall be made for each name or designation under which such business shall be conducted, in such form as the commissioner prescribes, stating the line or lines of insurance for which the applicant desires such license and any other business which the applicant desires also to transact. All initial applications shall be accompanied by a nonrefundable filing fee specified in section 38a-11. The commissioner shall cause to be made such inquiry and examination as to the qualifications of each such applicant as the commissioner deems necessary.

(c) Any person, partnership, association or corporation residing in a state that does not offer the type of license sought by such person, partnership, association or corporation in this state may make a written application to the commissioner for a nonresident license and designate this state as such person's, association's or corporation's home state.

(d) Each application for a license shall be signed by: The applicant, if the application is for an individual; a licensed officer, if the application is for a corporation; a licensed partner, if the application is for a partnership; and a licensed principal, if the application is for any other applicant.

(e) Each applicant for a license shall furnish satisfactory evidence to the commissioner that the applicant is a person of good moral character and that the applicant is financially responsible. In order to determine the trustworthiness and competency of an applicant the commissioner shall subject the applicant to personal written examination as to the applicant's competency to act as a licensee for each line of insurance for which the applicant desires to be licensed. The commissioner may, at the commissioner's discretion, designate an independent testing service to prepare and administer such examination, provided any examination fees charged by such service shall be paid by the applicant. The commissioner shall collect the appropriate examination fee as specified in section 38a-11, which shall entitle the applicant to take the examination for the license desired, except that when a testing service is used, the testing service shall pay such fee to the commissioner for each examination taken by an applicant. In either case, each such examination shall be as the commissioner prescribes and shall be of sufficient scope to test the applicant's knowledge of insurance, the duties and responsibilities of a licensee and the laws of this state applicable to insurance. The commissioner may require a waiting period not exceeding six months, before reexamining any applicant who has failed to pass any such examination.

(f) Upon finding that an applicant meets the licensing requirements of this title and is in all respects properly qualified and trustworthy and that the granting of such license is not against the public interest, the commissioner may issue to such applicant the license applied for, in such form as the commissioner may adopt, to act within this state to the extent therein specified.

(g) The commissioner may adopt regulations, in accordance with chapter 54, concerning the approval of schools offering courses in insurance, the content of such courses and the advertising to the public of the services of these schools.

(h) To further the enforcement of this section and to determine the eligibility of any licensee, the commissioner may, as often as the commissioner deems necessary, examine the books and records of any such licensee.

(i) A license may, in the discretion of the commissioner, be renewed or continued upon payment of the appropriate fee as specified in section 38a-11, without the resubmittal of the detailed information required in the original application.

(j) The provisions of subsections (b) to (i), inclusive, of this section shall be applicable to any licensee or applicant for a license, including, but not limited to, such licensee engaged in, or such applicant who seeks to become licensed to engage in, the occupation of insurance producer.

Conn. Gen. Stat. § 38a-769

(1949 Rev., S. 6060; 1949, 1951, 1955, S. 2787d; 1957, P.A. 355; 1959, P.A. 472, S. 1; February, 1965, P.A. 196, S. 2; 552, S. 1; 1967, P.A. 47, S. 1; 1969, P.A. 82; 1971, P.A. 393; P.A. 75-409, S. 1, 2; P.A. 80-228, S. 3; P.A. 81-314, S. 1, 4; P.A. 82-30, S. 1, 2; 82-96, S. 1, 8; P.A. 83-201; 83-476, S. 1; P.A. 84-403, S. 2, 3; P.A. 85-84; P.A. 88-44; P.A. 89-251, S. 180, 203; P.A. 90-243, S. 26; P.A. 91-29 , S. 3 , 8 ; P.A. 94-160 , S. 13 , 24 ; P.A. 99-45 , S. 1 ; P.A. 01-113 , S. 20 , 42 ; P.A. 02-19 , S. 2 ; P.A. 05-29 , S. 2 .)

Amended by P.A. 23-0127,S. 2 of the Connecticut Acts of the 2023 Regular Session, eff. 10/1/2023.

Annotation to former section 38-72: Cited. 162 C. 506 . Annotation to present section: Cited. 45 CA 368 . Provisions of section in their entirety are not applicable to insurance producers; Insurance Department's continuous interpretation of applying Subsecs. (c) and (d) to insurance producers since enactment of Sec. 38a-702a et seq. is not reasonable, however, commissioner retains discretion beyond Sec. 38a-702a et seq. to deny insurance producer licenses pursuant to Secs. 46a-80 and 46a-81 . 148 CA 234.

See Sec. 38a-413 for title agent and title insurer exemption. See Sec. 38a-772 re misrepresentation in application for license. See Sec. 38a-773 re impersonation in taking examination.