(a) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (1) Nonpayment of premium; (2) the driver's license or motor vehicle registration of either the named insured or any operator either resident in the same household or who customarily operates an automobile insured under the policy has been revoked during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty days next preceding its effective date.
(b) This section shall not apply to any policy issued under an automobile residual market mechanism or to any policy or coverage which has been in effect less than sixty days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy or to nonrenewal.
(1969, P.A. 809, S. 2; 1971, P.A. 203; P.A. 83-186, S. 2.)
History: 1971 act made technical correction, removing “(3)” preceding “if the policy is a renewal ...” in Subsec. (a); P.A. 83-186 amended Subsec. (b) so that this section shall not apply to policies issued under an automobile residual market mechanism; Sec. 38-175g transferred to Sec. 38a-342 in 1991.
See Sec. 38a-358 re prohibited reasons for declination, cancellation or nonrenewal of private passenger nonfleet auto insurance policies.
Annotations to former section 38-175g:
Cited. 160 C. 280. Regulations under statute make “other insurance” clauses in conflict with the regulations. 161 C. 169.
Cited. 1 CA 409.
Annotations to present section:
Cited. 234 C. 182; 240 C. 86.
Cited. 25 CA 492; judgment reversed, see 222 C. 744; 42 CA 177.
Notes of Decisions
Majernicek v. Hartford Cas. Ins., 688 A.2d 1330 (Conn. 1997).
· cites it 5× “” General Statutes § 38a-342 provides: “(a) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (1) Nonpayment of premium; (2) the driver’s license or motor vehicle registration of either the named insured or any…”
Echavarria v. Nat'l Grange Mut. Ins., 880 A.2d 882 (Conn. 2005).
“2 General Statutes § 38a-343 (a) provides: “No notice of cancellation of a policy to which section 38a-342 applies may be effective unless sent, by registered or certified mail or by mail evidenced by a certificate of mailing, or delivered by the insurer to the named insured,…”
Kane v. Am. Ins., 725 A.2d 1000 (Conn. App. Ct. 1999).
· cites it 3× “Under § 38a-342, an insurer can choose to cancel a policy due to the *501 insured’s failure to pay the premium, or because of the revocation of the insured’s driver’s license or motor vehicle registration or that belonging to any operator living with the insured.”
21st Century North Am. Ins. Co. v. Perez, 173 A.3d 64 (Conn. App. Ct. 2017).
· cites it 3× “" General Statutes § 38a-341 (3). General Statutes § 38a-343 specifically delineates the requirements of a notice of cancellation furnished to an insured.”
Ohio Cas. Ins. v. Dentek, Inc., 283 F. Supp. 2d 655 (D. Conn. 2003).
· cites it 2× “Under § 38a-342, an insurer can choose to cancel a policy due to the insured’s failure to pay the premium, or because of the revocation of the insured’s driver’s license or motor vehicle registration or that belonging to any operator living with the insured.”
Johnston v. Am. Employers Ins., 592 A.2d 975 (Conn. App. Ct. 1991).
“General Statutes § 38a-343 (formerly § 38-175h) provides: “RECEIPT OF cancellation notice, reason for cancellation, (a) No notice of cancellation of policy to which section 38a-342 applies may be effective unless sent, by registered or certified mail or by mail evidence by a…”
Stenson v. Northland Ins., 678 A.2d 1000 (Conn. App. Ct. 1996).
“to 1989) § 38-175g, now § 38a-342, provides: “Bases for cancellation, (a) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (1) Nonpayment of premium; (2) the driver’s license or motor vehicle registration of…”
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