(a) An insured, when making a claim for uninsured or underinsured motorist benefits, shall make reasonable efforts to establish what liability coverage there is for the owner and operator of an alleged uninsured or underinsured vehicle.
(b) For any motor vehicle accident occurring on or after October 1, 2006, no insurer may require its insured, as a condition of eligibility for payment of uninsured motorist benefits, to provide affidavits or written statements from the owner or operator of the alleged uninsured vehicle attesting to the fact that the individual did not maintain any liability coverage at the time of the motor vehicle accident.
(c) For any motor vehicle accident occurring on or after October 1, 2006, no insurer may require its insured, as a condition of eligibility for payment of underinsured motorist benefits, to provide affidavits or written statements from the owner or operator of the alleged underinsured vehicle attesting to the lack of any additional bodily injury liability bonds or insurance applicable at the time of the motor vehicle accident.
(d) Nothing in this section shall relieve any person seeking to secure any coverage under an automobile insurance policy of any duty or obligation imposed by contract or law.
(P.A. 06-104, S. 1.)
Notes of Decisions
Dorfman v. Liberty Mut. Fire Ins. Co., 227 Conn. App. 347 (Conn. App. Ct. 2024).
· cites it 5× “The trial court determined, however, that, to the extent the plaintiff’s CUTPA claim alleged that the defendant maintained an improper business practice of conditioning receipt of underinsured motorist benefits on the provision of an affidavit of no excess insurance, in…”
Dorfman v. Smith (Conn. 2022).
· cites it 7× “The trial court determined, however, that, to the extent the plaintiff’s CUTPA claim alleged that the defendant main- tained an improper business practice of conditioning receipt of underinsured motorist benefits on the provi- sion of an affidavit of no excess insurance, in…”
Dorfman v. Smith, 342 Conn. 582 (Conn. 2022).
· cites it 7× “The trial court determined, however, that, to the extent the plaintiff’s CUTPA claim alleged that the defendant main- tained an improper business practice of conditioning receipt of underinsured motorist benefits on the provi- sion of an affidavit of no excess insurance, in…”
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