State Codes and Statutes

Statutes > Connecticut > Title38a > Chap700c > Sec38a-500

      Sec. 38a-500. (Formerly Sec. 38-174w). Mandatory coverage for partners, sole proprietors and corporate officers for work-related injuries. Subrogation rights. (a) Notwithstanding any other provision of the general statutes to the contrary, no individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a-469 delivered, issued for delivery, amended or renewed on or after October 1, 1984, in this state may exclude coverage for a bodily injury solely because it was caused by an accident arising out of and in the course of employment to a covered individual who is: (1) A sole proprietor or business partner who is not covered by the provisions of chapter 568 or who accepts the provisions of chapter 568 pursuant to subdivision (10) of section 31-275; or (2) an employee of a corporation and who is a corporate officer, regardless of any election by such individual to be excluded from coverage under chapter 568 pursuant to subparagraph (B)(v) of subdivision (9) of section 31-275. The provisions of this section shall also apply to all such policies or contracts in this state as of the first anniversary date of such policy or contract on or after October 1, 1984. The payment of benefits pursuant to this section shall be subject to any policy or contract provisions which apply to a claim not resulting from bodily injury caused by an accident arising out of and in the course of employment.

      (b) Whenever any such covered individual who receives benefits for any such injury under such policy or contract has a right of recovery or reimbursement against any person or organization, any carrier that has paid such benefits to or for the individual shall be subrogated to all such rights of recovery or reimbursement to the extent of its payment. Such carrier shall also have a lien on the proceeds of any award or approval of any compromise made by a workers' compensation commissioner pursuant to the individual's workers' compensation claim, in accordance with the provisions of section 38a-470.

      (P.A. 84-499, S. 1; P.A. 90-243, S. 90.)

      History: P.A. 90-243 substituted reference to health insurance policies for hospital and medical expense policies and contracts, specified applicability to individual policies only and made technical grammatical change; Sec. 38-174w transferred to Sec. 38a-500 in 1991; (Revisor's note: In 1997 the phrase "type specified in subdivisions (1), (2), (4), (6), (10), (11) and (12) section 38a-469 delivered," was changed editorially by the Revisors to "type specified in subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a-469 delivered," to correct a clerical error).

      See Sec. 38a-527 for similar provisions re group policies.