Connecticut General Statutes

Conn. Gen. Stat. § 38a-839 (2025)

(Formerly Sec. 38-276). Connecticut Insurance Guaranty Association created. Membership. Function. Accounts

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There is created a nonprofit unincorporated legal entity to be known as the Connecticut Insurance Guaranty Association. All insurers defined as member insurers in section 38a-838 shall be members of said association as a condition of their authority to transact insurance in this state. Said association shall perform its functions under a plan of operation established and approved under section 38a-842 and shall exercise its powers through a board of directors established under section 38a-840. For the purposes of administration and assessment, said association shall be divided into three separate accounts: (1) The workers' compensation insurance account; (2) the automobile insurance account; and (3) an account for all other insurance to which sections 38a-836 to 38a-853, inclusive, apply.

(1971, P.A. 466, S. 4; P.A. 79-376, S. 63; P.A. 87-290, S. 2, 8; P.A. 10-5, S. 38; P.A. 11-19, S. 17.)

History: P.A. 79-376 substituted “workers' compensation” for “workmen's compensation”; P.A. 87-290 made a technical change, substituting reference to 38-275(8) for reference to Sec. 38-275(6); Sec. 38-276 transferred to Sec. 38a-839 in 1991; P.A. 10-5 made technical changes, effective May 5, 2010; P.A. 11-19 made a technical change.

Annotation to former section 38-276:

Cited. 215 C. 224.

Annotation to present section:

Cited. 217 C. 371.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1997–2021 · leading case: Doucette v. Pomes, 724 A.2d 481 (Conn. 1999).
Doucette v. Pomes, 724 A.2d 481 (Conn. 1999). · cites it 4× “zen of the United States nor an alien legally resident in the United States at the time of the insured event, or an entity other than an individual whose principal place of business is not in the United States at the time of the insured event, and it arises out of an accident,…”
Hunnihan v. Mattatuck Mfg. Co., 705 A.2d 1012 (Conn. 1997). · cites it 4× “The association is a nonprofit legal entity established by General Statutes § 38a-839 and governed by the Connecticut Insurance Guaranty Association Act, which is codified at General Statutes § 38a-836 et seq.”
Esposito v. Simkins Indus., Inc., 943 A.2d 456 (Conn. 2008). · cites it 9× “General Statutes § 38a-838 [7].” Doucette v.”
Dechio v. Raymark Indus., Inc., 968 A.2d 450 (Conn. App. Ct. 2009). · cites it 4× “[9] The association is a nonprofit legal entity established by General Statutes § 38a-839 and governed by the Connecticut Insurance Guaranty Association Act, which is codified at General Statutes § 38a-836 et seq.”
Potvin v. Lincoln Serv. & Equip. Co., 6 A.3d 60 (Conn. 2010). · cites it 2× “General Statutes § 38a-839 (“[f]or the purposes of administration and assessment, [the] association shall be divided into three separate accounts: [a] [t]he workers’ compensation insurance account; [b] the automobile insurance account; and [c] an account for all other insurance…”
Franklin v. Superior Casting, 24 A.3d 1233 (Conn. 2011). · cites it 4× “” General Statutes § 38a-841 (a) (2). Workers’ compensation policies are one of three categories to which the guaranty act applies.”
Dechio v. Raymark Indus., Inc., 10 A.3d 20 (Conn. 2010). · cites it 2× “10 “The association is a nonprofit legal entity established by General Statutes § 38a-839 and governed by the Connecticut Insurance Guaranty Association Act, which is codified at General Statutes § 38a-836 et seq.”
Connecticut Ins. Guar. Ass'n v. Zasun, 725 A.2d 406 (Conn. App. Ct. 1999). · cites it 2× “” General Statutes § 38a-839. “Said association shall .”
Connecticut Ins. Guar. Ass'n v. Drown, 37 A.3d 820 (Conn. App. Ct. 2012). · cites it 2× “The association is a nonprofit unincorporated legal entity created pursuant to the *144 Connecticut Insurance Guaranty Association Act (guaranty act), General Statutes § 38a-836 et seq., and its purpose is to provide compensation for policyholders and claimants whose remedy…”
Graham v. Olson Wood Assocs., Inc., 150 A.3d 1123 (Conn. 2016). · cites it 2× “The decision of the Workers' Compensation Review Board is affirmed. In this opinion the other justices concurred.”
Giglio v. Am. Econ. Ins., 900 A.2d 27 (Conn. 2006). · cites it 2× “As a result of a settlement agreement, Giglio assigned her rights under her insurance policy to the association, and the association then was substituted for Giglio as the plaintiff in the present action.”
Austin v. Coin Depot Corp., 268 A.3d 154 (Conn. App. Ct. 2021). · cites it 2× “All insurance companies licensed to issue insurance ‘‘shall be members of said association as a condition of their authority to transact insurance in [Connecticut].’’ General Statutes § 38a-839; see also General Statutes § 38a-838 (7) (defining term ‘‘ ‘[m]ember insurer’ ’’ as…”
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