Sec. 38a-673. (Formerly Sec. 38-201k). Advisory organizations.
Sec. 38a-673. (Formerly Sec. 38-201k). Advisory organizations. (a) No advisory organization shall conduct its operations in this state unless and until it has filed
with the Insurance Commissioner (1) a copy of its constitution, articles of incorporation,
agreement or association and the bylaws, or rules and regulations governing its activities,
all duly certified by the custodian of the originals thereof, (2) a list of its members and
subscribers, and (3) the name and address of a resident of this state upon whom notices
or orders of the commissioner or process may be served.
(b) Every such advisory organization shall notify the Insurance Commissioner
promptly of every change in its constitution, its articles of incorporation, agreement or
association, and of its bylaws, rules and regulations governing the conduct of its business, its list of members and subscribers and the name and address of the resident of
this state designated by it upon whom notices or orders of the commissioner or process
affecting such organization may be served.
(c) With respect to personal and commercial risk insurance, no such advisory organization may compile for or distribute to insurers generally, recommendations relating
to rates that include profit, general and other acquisition expenses, commission and
brokerage, taxes or licenses and fees, nor file rates, supplementary rate information or
supporting information on behalf of an insurer that includes profit, general and other
acquisition expenses, commission and brokerage, taxes or licenses and fees, provided
that the provisions of this subsection may be waived by the Insurance Commissioner
when it would be in the public interest and shall not apply to residual markets. Any
advisory organization may, upon the request of any insurer, produce rates for such insurer based upon such insurer's exposure, loss, expense and profit data. The provisions of
this subsection shall be applicable to services rendered by insurance rating and advisory
organizations in relation to workers' compensation insurance on and after October 1,
1989, and to other such services on and after July 1, 1990.
(d) Any advisory organization may collect, compile and disseminate to insurers and
other persons compilations of past and current premiums of insurers.
(e) No such advisory organization shall engage in any unfair or unreasonable practice with respect to such activities.
(1969, P.A. 665, S. 11; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 309, 348; P.A. 81-472, S. 72, 159; P.A. 82-353, S.
8, 26; P.A. 89-65, S. 2; P.A. 98-23.)
History: P.A. 77-614 placed insurance commissioner within the department of business regulation and made insurance
department a division within that department, effective January 1, 1979; P.A. 80-482 restored insurance commissioner
and division to prior independent status and abolished the department of business regulation; P.A. 81-472 made technical
corrections; P.A. 82-353 inserted new Subsec. (c), re prohibited practices of rating organizations concerning private passenger nonfleet auto and homeowners insurance and relettered former Subsec. (c) as Subsec. (d), effective July 1, 1983; P.A.
89-65 amended Subsec. (c) to prohibit advisory organizations from including profit, acquisition expenses, commission
and brokerage, taxes or licenses and fees in personal and commercial risk insurance rates recommended to or filed on
behalf of insurers; Sec. 38-201k transferred to Sec. 38a-673 in 1991; P.A. 98-23 inserted new Subsec. (d) re collection,
compilation and dissemination of past and current premiums and redesignated former Subsec. (d) as Subsec. (e).