Conn. Gen. Stat. § 38a-336

Current with legislation from the 2024 Regular and Special Sessions.

Section 38a-336 - (Formerly Sec. 38-175c). Uninsured and underinsured motorist coverage

(a)

(1)

(A) Each automobile liability insurance policy shall provide insurance, herein called uninsured and underinsured motorist coverage, in accordance with the regulations adopted pursuant to section 38a-334, with limits for bodily injury or death not less than those specified in subsection (a) of section 14-112, for the protection of persons insured thereunder who are legally entitled to recover damages because of bodily injury, including death resulting therefrom, from owners or operators of uninsured motor vehicles and underinsured motor vehicles and insured motor vehicles, the insurer of which becomes insolvent prior to payment of such damages.

(B) Each insurer licensed to write automobile liability insurance in this state shall provide uninsured and underinsured motorist coverage with limits requested by any named insured upon payment of the appropriate premium, provided each such insurer shall offer such coverage with limits that are twice the limits of the bodily injury coverage of the policy issued to the named insured. The insured's selection of uninsured and underinsured motorist coverage shall apply to all subsequent renewals of coverage and to all policies or endorsements that extend, change, supersede or replace an existing policy issued to the named insured, unless changed in writing by any named insured.

(C) No insurer shall be required to provide uninsured and underinsured motorist coverage to (i) a named insured or relatives residing in the named insured's household when occupying, or struck as a pedestrian by, an uninsured or underinsured motor vehicle or a motorcycle that is owned by the named insured, except as provided in subparagraph (D) of this subdivision, or (ii) any insured occupying an uninsured or underinsured motor vehicle or motorcycle that is owned by such insured.

(D) For each automobile liability insurance policy issued or renewed on or after October 1, 2014, an insurer shall not deny uninsured motorist coverage to a named insured or any relative residing in the named insured's household solely on the basis that the named insured or such relative was struck as a pedestrian by a motor vehicle or motorcycle, during the theft of such motor vehicle or motorcycle, that is owned by the named insured and listed as a covered motor vehicle on the named insured's policy.

(2) Notwithstanding any provision of this section, each automobile liability insurance policy issued or renewed on and after January 1, 1994, shall provide uninsured and underinsured motorist coverage with limits for bodily injury and death equal to those purchased to protect against loss resulting from the liability imposed by law unless any named insured requests in writing a lesser amount, but not less than the limits specified in subsection (a) of section 14-112. Such written request shall apply to all subsequent renewals of coverage and to all policies or endorsements that extend, change, supersede or replace an existing policy issued to the named insured, unless changed in writing by any named insured. No such written request for a lesser amount shall be effective unless any named insured has signed an informed consent form that shall contain:

(A) An explanation of uninsured and underinsured motorist insurance approved by the commissioner;

(B) a list of uninsured and underinsured motorist coverage options available from the insurer; and

(C) the premium cost for each of the coverage options available from the insurer. Such informed consent form shall contain a heading in twelve-point type and shall state: "WHEN YOU SIGN THIS FORM, YOU ARE CHOOSING A REDUCED PREMIUM, BUT YOU ARE ALSO CHOOSING NOT TO PURCHASE CERTAIN VALUABLE COVERAGE WHICH PROTECTS YOU AND YOUR FAMILY. IF YOU ARE UNCERTAIN ABOUT HOW THIS DECISION WILL AFFECT YOU, YOU SHOULD GET ADVICE FROM YOUR INSURANCE AGENT OR ANOTHER QUALIFIED ADVISER."

(b) An insurance company shall be obligated to make payment to its insured up to the limits of the policy's uninsured and underinsured motorist coverage after the limits of liability under all bodily injury liability bonds or insurance policies applicable at the time of the accident have been exhausted by payment of judgments or settlements, but in no event shall the total amount of recovery from all policies, including any amount recovered under the insured's uninsured and underinsured motorist coverage, exceed the limits of the insured's uninsured and underinsured motorist coverage. In no event shall there be any reduction of uninsured or underinsured motorist coverage limits or benefits payable (1) for amounts received by the insured for Social Security disability benefits paid or payable pursuant to the Social Security Act, 42 USC Section 301, et seq., or (2) with respect to an automobile liability insurance policy issued or renewed on or after October 1, 2015, (A) for amounts paid by or on behalf of any tortfeasor for bodily injury to anyone other than individuals insured under the policy against which the claim is made, or (B) for amounts paid by or on behalf of any tortfeasor for property damage. The limitation on the total amount of recovery from all policies shall not apply to underinsured motorist conversion coverage purchased pursuant to section 38a-336a.

(c) Each automobile liability insurance policy issued on or after October 1, 1971, that contains a provision for binding arbitration shall include a provision for final determination of insurance coverage in such arbitration proceeding. With respect to any claim submitted to arbitration on or after October 1, 1983, the arbitration proceeding shall be conducted by a single arbitrator if the amount in demand is forty thousand dollars or less or by a panel of three arbitrators if the amount in demand is more than forty thousand dollars.

(d) Regardless of the number of policies issued, vehicles or premiums shown on a policy, premiums paid, persons covered, vehicles involved in an accident, or claims made, in no event shall the limit of liability for uninsured and underinsured motorist coverage applicable to two or more motor vehicles covered under the same or separate policies be added together to determine the limit of liability for such coverage available to an injured person or persons for any one accident. If a person insured for uninsured and underinsured motorist coverage is an occupant of a nonowned vehicle covered by a policy also providing uninsured and underinsured motorist coverage, the coverage of the occupied vehicle shall be primary and any coverage for which such person is a named insured shall be secondary. All other applicable policies shall be excess. The total amount of uninsured and underinsured motorist coverage recoverable is limited to the highest amount recoverable under the primary policy, the secondary policy or any one of the excess policies. The amount paid under the excess policies shall be apportioned in accordance with the proportion that the limits of each excess policy bear to the total limits of the excess policies. If any person insured for uninsured and underinsured motorist coverage is an occupant of an owned vehicle, the uninsured and underinsured motorist coverage afforded by the policy covering the vehicle occupied at the time of the accident shall be the only uninsured and underinsured motorist coverage available.

(e) For the purposes of this section, an "underinsured motor vehicle" means a motor vehicle with respect to which the sum of the limits of liability under all bodily injury liability bonds and insurance policies applicable at the time of the accident is less than the applicable limits of liability under the uninsured motorist portion of the policy against which claim is made under subsection (b) of this section.

(f) Notwithstanding subsection (a) of section 31-284, an employee of a named insured injured while occupying a covered motor vehicle in the course of employment shall be covered by such insured's otherwise applicable uninsured and underinsured motorist coverage.

(g)

(1) No insurance company doing business in this state may limit the time within which any suit may be brought against it or any demand for arbitration on a claim may be made on the uninsured or underinsured motorist provisions of an automobile liability insurance policy to a period of less than three years from the date of accident, provided, in the case of an underinsured motorist claim the insured may toll any applicable limitation period (A) by notifying such insurer prior to the expiration of the applicable limitation period, in writing, of any claim which the insured may have for underinsured motorist benefits and (B) by commencing suit or demanding arbitration under the terms of the policy not more than one hundred eighty days from the date of exhaustion of the limits of liability under all automobile bodily injury liability bonds or automobile insurance policies applicable at the time of the accident by settlements or final judgments after any appeals.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, in the case of an uninsured motorist claim, if the motor vehicle of a tortfeasor is an uninsured motor vehicle because the automobile liability insurance company of such tortfeasor becomes insolvent or denies coverage, no insurance company doing business in this state may limit the time within which any suit may be brought against it or any demand for arbitration on a claim may be made on the uninsured motorist provisions of an automobile liability insurance policy to a period of less than one year from the date of receipt by the insured of written notice of such insolvency of, or denial of coverage by, such automobile liability insurance company.

Conn. Gen. Stat. § 38a-336

(1967, P.A. 510, S. 4; 1969, P.A. 202; 1971, P.A. 767; P.A. 79-235; P.A. 82-441, S. 20, 23; P.A. 83-267, S. 2; 83-461; P.A. 85-7; P.A. 86-403, S. 79, 132; P.A. 90-243, S. 127; P.A. 93-77, S. 2, 4; 93-297, S. 1, 29; May 25 Sp. Sess. P.A. 94-1, S. 35, 36, 130; P.A. 98-189, S. 1, 2; P.A. 00-143; P.A. 10-5, S. 9; P.A. 14-20, S. 1; 14-71, S. 1; P.A. 15-118, S. 69.)

Amended by P.A. 15-0118, S. 69 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.

Amended by P.A. 14-0020, S. 1 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2015.

Amended by P.A. 14-0071, S. 1 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Amended by P.A. 10-0005, S. 9 of the February 2010 Regular Session, eff. 5/5/2010.

Annotations to former section 38-175c: Cited. 155 C. 279; 160 Conn. 280. Regulations under statute make "other insurance" clauses in conflict with the regulations. 161 Conn. 169. "Uninsured" is not the same as "underinsured" and a court will not torture words to import ambiguity where the ordinary meaning leaves no room for ambiguity. Id., 466, 471, 472. "Uninsured motorist" does not include "unidentified motorists". 169 Conn. 502, 504, 505; overruled with respect to holding an uninsured motorist coverage, see 219 Conn. 371. Cited. 171 C. 254. Every automobile policy is required to provide uninsured motorist coverage in accordance with regulations adopted by Insurance Commissioner. Id., 443. Statute does not require that uninsured motorist coverage be made available when insured has been otherwise protected. Id., 463. Cited. 172 Conn. 416; overruled with respect to holding an uninsured motorist coverage, see 219 Conn. 371. All issues relating to coverage including notice provision are determined through arbitration. 181 C. 37. Underinsured motorist benefits discussed. 187 Conn. 386. The exclusion in defendant's policy was invalid as against public policy underlying uninsured motorist coverage; uninsured motorist coverage discussed. 188 Conn. 245. Cited. 189 C. 16; Id., 449; 197 Conn. 26; 199 C. 618. Review of case law on "stacking" benefits and application thereof to passengers as distinguished from policy holder and resident members of family. 201 Conn. 478. Cited. 202 C. 178; 203 Conn. 45; Id., 258; 211 Conn. 640; 212 C. 652. "Stacking" does not extend to fleet insurance contracts. 213 C. 525. Contains no mandate that uninsured motorist coverage may not be reduced by previously paid workers' compensation benefits. Id., 532. Umbrella insurance policy not an automobile liability policy within meaning of section. Id., 540. Cited. Id., 625; 214 C. 734; 215 C. 399; 216 C. 390. Cited. 1 CA 219. Amendment to statute in Public Act 79-235, effective October 1, 1979, was not intended to be given retroactive effect. 3 CA 697. Cited. 4 CA 137; Id., 339; 16 CA 209; 22 Conn.App. 27; judgment reversed, see 217 Conn. 631; 27 CA 573. Cited. 31 Conn.Supp. 229; 36 Conn.Supp. 256; 38 Conn.Supp. 318; 39 CS 90; 40 CS 156. Subsec. (a): Subdiv. (2): Does not provide statutory basis for payment limitation in policies. 211 Conn. 640. Subdiv. (2): Any reductions in uninsured motorist coverage would require a request for such reduction after July 1, 1984. 215 Conn. 399. Cited. 3 CA 250; 14 CA 153; 23 CA 585. Subsec. (b): Subdiv. (1): Set-off provisions do not apply to payments under Sec. 30-102. 205 Conn. 178. Subdiv. (2): "Underinsured" discussed. 213 C. 625. Subdiv. (1): Meaning of "exhaust" discussed. 214 C. 209. Cited. 215 C. 157. Annotations to present section: Cited. 217 Conn. 631; 218 C. 51; Id., 646; 219 C. 391; 220 C. 30; 221 C. 185; Id., 206; Id., 779. Recovery of punitive damages not allowed under uninsured motorist coverage. 222 C. 480. Personal excess policy (umbrella) not an automobile liability policy within meaning of section; policy not required to provide uninsured motorist coverage. Id., 631. Cited. Id., 657; 222 Conn. 744; Id., 769. Uninsured motorist carrier may limit its ability by taking credit for payment made by tortfeasor to insured. 223 Conn. 22. Cited. Id., 31; 224 Conn. 8; Id., 133; Id., 145; Id., 152; Id., 758; 225 Conn. 165; Id., 223. Defendant limited to coverage purchased on own vehicle. Id., 257. Cited. Id., 566. Does not require insurer to aggregate underinsured motorist coverage provided in policy covering two passenger vehicles if insured paid single actuarial appropriate premium for coverage and policy expressly excludes stacking. 226 Conn. 427. Cited. 228 C. 909; 229 C. 359; 231 Conn. 938; 233 Conn. 437; Id., 460; Id., 474; 234 Conn. 182; Id., 807. Underinsured motorist coverage is not applicable if insured person's uninsured motorist limits are equal to or less than the tortfeasor's liability limits; section does not violate equal protection clauses of state and federal constitutions. 236 C. 299; Id., 318; Id., 653. Cited. 238 C. 285; 240 C. 799; 241 C. 792. Insurer is entitled pursuant to regulations adopted by Insurance Commissioner to offset available limits of uninsured and underinsured motorist coverage by amount of Social Security disability benefits paid or payable to the insured; allowing such offset does not conflict with basic intent of statute. 245 Conn. 169. Court adopted trial court's determination concerning named insured coverage re underinsured motorist conversion coverage. Id., 546. Uninsured motorist coverage discussed. Id., 727. In accordance with regulations adopted under Sec. 38a-334, insurer may exclude vehicles owned by self-insurers from scope of underinsured motorist coverage and such reading does not contravene purpose of the underinsured motorist statute. 248 Conn. 195. Court found that tortfeasor's vehicle was not underinsured within meaning of statute in case where tortfeasor had a $100,000 single limit liability policy and plaintiff had a $100,000 per person and $300,000 per accident split limit underinsured motorist policy. 252 C. 79. Policy exclusion of government-owned vehicles was authorized pursuant to regulations Sec. 38a-334-6(c)(2)(C) and exclusion did not conflict with public policies embodied in uninsured motorist statute. 278 C. 794. Section's mandate that, as a general matter, uninsured motorist coverage shall be portable, was intended to apply to ordinary, personal use vehicles, and not to antique vehicles maintained solely for use in exhibitions, club activities, parades or other functions of public interest. 279 C. 808. Section is person rather than vehicle oriented. 24 CA 655. Cited. 25 Conn.App. 492; judgment reversed, see 222 Conn. 744; 26 CA 793; 27 Conn.App. 573; 28 Conn.App. 145; 29 CA 484; 31 CA 132; Id., 781; 32 CA 617; judgment reversed, see 230 C. 795; 33 CA 626; 34 CA 27; Id., 40; Id., 444; Id., 833; Id., 863; 35 CA 338; Id., 638; 36 Conn.App. 141; 38 CA 290; 39 CA 429; 40 CA 294; 41 Conn.App. 625; 42 CA 225; 44 CA 377; Id., 698; 45 CA 554; 46 CA 313. In absence of evidence that the amendment to statute in P.A. 93-297 was intended to clarify existing law, new requirements may not be applied retroactively; "requests in writing a lesser amount" is unambiguous and therefore a review of legislative history is unnecessary. 50 CA 701. Arbitration panel has jurisdiction to consider provisions of the guaranty act as necessary to arbitrate defendant's uninsured motorist claim; if contract of insurance contains an arbitration provision, arbitration of coverage issue is mandatory. 52 CA 212. Exhaustion of benefits must be demonstrated by legal determination and cannot be decided by claimant on the basis of his understanding of the policy. 69 CA 330. Self-insured municipal employer not required to create a writing to give notice of its intention to reduce the amount of its uninsured motorist coverage by the amount of workers' compensation benefits paid to plaintiff employee because the self-insured municipality functions as both insurer and insured. 82 CA 752; judgment reversed, see 273 C. 519. Cited. 42 CS 336; 43 CS 147; 44 CS 59; Id., 499. Judicial review limited to whether arbitrator's award conforms to the submission; for statute to allow a policy exclusion, there must be substantial congruence between the statutory and the policy provision. 45 CS 144. Arbitration decisions governing the rights of parties to an insurance contract are coverage issues subject to de novo review; public policy of section is to give a personal injury claimant access to insurance protection to compensate for damages that would have been recovered if the underinsured motorist had maintained an adequate policy of liability insurance. 52 CS 522; judgment affirmed, see 141 CA 571. Subsec. (a): Cited. 218 C. 681. Subdiv. (2): Requires signature of all named insureds on a written request to reduce uninsured motorist coverage. 219 C. 764. Subdiv. (2): Section neither mandates nor prohibits stacking; depends on reasonable expectation of parties. 226 Conn. 427. Amendment in P.A. 93-297 that informed consent form be signed by "any named insured" rather than "the named insured" was not retroactive; Appellate Court decision overturned; appellate decision correct that Nationwide Mutual Ins. Co. v. Pasion inapplicable to these facts. 245 C. 710. Subdiv. (2) discussed; legislature did not intend to require written consent of all named insureds on a commercial fleet policy as prerequisite to a reduction in coverage. Id., 727. 12-point type requirement in Subdiv. (2) not required for commercial fleet policies. 277 C. 398. Subdiv. (2): The absence of a pre-accident writing requesting lower coverage limits in conformity with Subdiv. does not deem a self-insured municipality to provide unlimited uninsured and underinsured motorist coverage; rather, a self-insurer's uninsured and underinsured motorist coverage limits are those provided by Sec. 14-112. 306 C. 340. Cited. 34 Conn.App. 679; 44 CA 53; 45 CA 558. Statute imposes no duty on lessor or lessor's insurer to procure insurance for benefit of lessee because obligation to procure insurance rests on owner and lessee is owner when vehicle is subject of long-term lease granting lessee an option to purchase. 59 CA 47. Because motorcycle is a covered vehicle, plaintiff has rightful claim for underinsured motorist coverage; parity is required between liability and underinsured motorist coverage; it is not mandated that the amount of coverage be provided. 63 CA 815. Statutory requirements concerning provisions in consent form for premiums for each of coverage options available from insurer not required in the context of commercial fleet insurance. 79 CA 800. Subdiv. (1)(B) does not require fault for the accident to be considered. 129 CA 851. Subsec. (b): Cited. 224 C. 766. Terms of policy and statute required reduction of judgment; judgment of Appellate Court in 32 Conn.App. 617 reversed. 230 C. 795. Court concluded equitable subrogation is not the equivalent of a personal injury action; overruled 164 C. 482 which invalidated subrogation actions by providers of uninsured motorist benefits. 236 C. 362. Re claim for uninsured motorist benefits, the statute of limitations in Sec. 52-576 does not begin to run until plaintiff knew or should have known the tortfeasor was uninsured, and in this case plaintiff could not have known the tortfeasor was uninsured until she received answers to her interrogatories which thereby put her on notice there was no insurance coverage for the accident. 255 C. 601. In action for underinsured motorist benefits, since jury verdict was less than amount insured had already recovered from tortfeasor, insured not entitled to recover any additional damages because to do so would result in impermissible double recovery. 49 Conn.App. 306. Exhaustion by payment of an uncertified check occurs when such check is honored and paid on presentment which terminates its conditional nature and it becomes absolute payment, date of payment relating back to date of delivery of the check. 67 CA 753. In a multiple tortfeasor context, injured party not precluded as matter of law from recovering under uninsured motorist policy where she had settled with one tortfeasor for an amount greater than the uninsured motorist coverage against which she is claiming. 72 CA 588. Subsec. imposes cap on amount recoverable under an uninsured motorist claim. 84 CA 236. Plaintiff's ability to recover against insurer is affected not by any issue of apportionment, but by terms of plaintiff's policy. Id., 594. Subsec. (c): Cited. 234 C. 817. Choice of law issue is not an issue of coverage subject to compulsory arbitration pursuant to statute and de novo review; trial court properly determined that arbitration award was not subject to de novo review; in cases in which issue before the arbitrators is a choice of law issue, when the substantive laws of respective states deal with claimant's right to recover damages from the uninsured motorist or the measure of such damages rather than recovery of damages from an insurer, the choice of law issue is a damages issue, even though the choice of law may affect the amount of damages awarded to claimant and, ultimately, the amount recovered from the insurer. 256 C. 225. Cited. 30 CA 729; Id., 803; 32 CA 190. Subsec. (d): Cited. 224 Conn. 766; 233 C. 910. Cited. 36 CA 623. Held to be inapplicable to gap policies and could not be applied to frustrate insurance company's stacking terms in relevant policies. 61 CA 336. Subsec. does not bar an insured with two separate primary policies with uninsured motorist coverage purchased by the insured to cover the same vehicle from collecting the policy limits of both primary policies combined if the damages to the insured equal or exceed such coverage; phrase "two or more motor vehicles" pertains to entire Subsec.; Subsec. was intended to bar stacking. 125 CA 424. Subsec. unambiguously precludes stacking of coverage when driver was insured under multiple policies but vehicle was insured under only one policy. 137 CA 373. Subsec. (f): Benefits of uninsured motorist coverage extend to all employees regardless of status of their employer as self-insurer or as purchaser of commercial insurance policy. 243 C. 677. Employee injured in course of his employment while occupying a motor vehicle owned by employer entitled to uninsured motorist benefits from his self-insured employer. Id., 687. Employee not barred from recovering uninsured motorist coverage benefits against employer's insurer in regard to motor vehicle accident occurring prior to effective date of P.A. 93-297. 44 CA 1. Court properly construed Subsec. as limiting underinsured motorist coverage to those employees of a named insured who are injured while "occupying" a covered motor vehicle; court properly determined that exception to workers' compensation exclusivity rule provided by Subsec. does not apply to plaintiff because he was not occupying a covered motor vehicle within meaning of statute. 87 CA 416. Police officer struck by uninsured motorist while directing traffic in course of his employment was not "occupying" a motor vehicle for purposes of Subsec. and is therefore limited to workers' compensation benefits under Sec. 31-284; "occupying" requires the driver to have physical contact with the vehicle. 51 CS 326; judgment affirmed, see 117 CA 656. Subsec. (g): Subdiv. (1) is not an unconstitutional delegation of legislative power, as it neither entrusts private insurers with any authority nor renders them agents of the legislature; rather, it restricts the discretion of insurance companies. 297 C. 589. Defendant moving for summary judgment under Subdiv. (1) has initial burden of demonstrating nonexistence of genuine issue of material fact with respect to both the 3-year limitation period and the compulsory tolling provision. 310 C. 304. Legislature, in enacting P.A. 93-77, S. 2 did not effect substitution of a 3-year statute of limitation in plaintiff's automobile policy that contained the then recently prohibited 2-year limitation for filing a claim for underinsured motorists benefits. 61 CA 806. Tolling provisions of Subdiv. (1) apply to insurance policy that expressly includes limitation provision of 3 years. 76 CA 329. Under plain language of statute, in order to toll applicable limitation period under Subdiv. (1), insured must inform insurer not merely that insured is pursuing a claim, but that insured is pursuing a claim for underinsured motorist benefits; thus, trial court properly interpreted statute and correctly concluded that plaintiff's notice of "any potential claim" was insufficient to satisfy notice requirement of statute. 90 CA 557.