Sec. 38a-942. (Formerly Sec. 38-460). Claims of surety. - Connecticut Statutes

      Sec. 38a-942. (Formerly Sec. 38-460). Claims of surety. Whenever an obligee whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the obligee's name, and shall be subrogated to the rights of the obligee, whether the claim has been filed by the obligee or by the other person in the obligee's name, to the extent that the obligee discharges the undertaking. In the absence of an agreement with the obligee to the contrary, the other person shall not be entitled to any distribution until the amount paid to the obligee on the undertaking plus the distributions paid on the claim from the insurer's estate to the obligee equals the amount of the entire claim of the obligee. Any excess received by the obligee shall be held by him in trust for such other person. The term "other person", as used in this section is not intended to apply to a guaranty association.

      (P.A. 79-382, S. 40; P.A. 98-214, S. 21.)

      History: Sec. 38-460 transferred to Sec. 38a-942 in 1991; P.A. 98-214 substituted "obligee" for "creditor" and "he", and deleted "however" and "or foreign guaranty association".