C.R.S. § 10-4-407 — CO Code / Title 10 / Article 4 / Part 4 / Section 10-4-407
10-4-407. Hearings
Status: in_force

10-4-407. Hearings. (1) If, pursuant to section 10-4-406 (2), the commissioner determines to hold a public hearing as to a filing or holds such a public hearing pursuant to request therefor under section 10-4-406 (3), he shall give written notice thereof to the rating organization or insurer that made the filing, shall hold such hearing within thirty days after commencement of the public inspection period provided for in section 10-4-406 (3), and, not less than ten days prior to the date of the hearing, he shall give written notice of the hearing to the insurer or rating organization that made the filing. The commissioner may also give advance public notice of such hearing by publication of notice in one or more daily newspapers of general circulation in this state.

(2) If the commissioner's order disapproves the filing, the rate change shall not be placed into effect. If the commissioner's order approves the filing or any portion thereof, the approved rate filing shall become effective upon such subsequent date as may be satisfactory to the insurer or rating organization that made the filing; except that rates for workers' compensation insurance shall become effective on January 1 unless the commissioner, upon application, makes a finding upon good cause shown that a later date is necessary or appropriate for the implementation of such filing.

(3) Any person aggrieved by the approval by the commissioner of a rate filing may make written application to the commissioner for a hearing thereon, and such application shall specify the grounds to be relied upon by the applicant. If the commissioner finds that the application is made in good faith, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall hold a hearing as provided in sections 24-4-102 to 24-4-107, C.R.S.

(4) Any insurer or rating organization aggrieved by an order or decision of the commissioner made without a hearing may, within thirty days after notice of the order or decision to the insurer or rating organization, make written application to the commissioner for a hearing thereon. The commissioner shall hold a hearing as provided in sections 24-4-102 to 24-4-107, C.R.S. Within fifteen days after such hearing, the commissioner shall affirm, reverse, or modify his previous action, specifying his reasons therefor. Pending such hearing and decision thereon, the commissioner may suspend or postpone the effective date of his previous action.

(5) Hearings held under this part 4 shall be held by the commissioner or his designee. Any final action of the commissioner pursuant to this part 4 shall be subject to judicial review by the court of appeals pursuant to section 24-4-106 (11), C.R.S.
C.R.S. § 10-4-512 — CO Code / Title 10 / Article 4 / Part 5 / Section 10-4-512
10-4-512. Nonduplication of recovery
Status: in_force

10-4-512. Nonduplication of recovery. (1) Any person having a claim against an insurer under any provision in any insurance policy that is also a covered claim shall exhaust first the person's right under such policy. Any amount payable on a covered claim under this part 5 is reduced by the amount recoverable under such insurance policy.

(2) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured; except that, if it is a first-party claim for damage to property with a permanent location, recovery shall be sought from the association of the location of the property, and, if it is a workers' compensation claim, recovery shall be sought from the association of the residence of the claimant. A claimant or first-party insured who has received a recovery from any other guaranty association or its equivalent in an amount equal to or greater than the recovery allowed under this part 5 shall not be eligible to receive any recovery from the Colorado insurance guaranty association. In addition, any recovery under this part 5 shall be reduced by the amount of the recovery from any other insurance guaranty association or its equivalent.
C.R.S. § 10-14-608 — CO Code / Title 10 / Article 14 / Part 6 / Section 10-14-608
10-14-608. Foreign or alien society - admission
Status: in_force

10-14-608. Foreign or alien society - admission. No foreign or alien society shall transact business in this state without a certificate of authority issued by the commissioner. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of this article applicable to domestic societies, excluding any deposit requirements in section 10-14-301 (5). Any such society may be authorized to transact business in this state upon filing with the commissioner such information as may be requested.
C.R.S. § 10-16-1107 — CO Code / Title 10 / Article 16 / Part 11 / Section 10-16-1107
10-16-1107. Funding for reinsurance program - sources - permitted uses - reinsurance program
Status: in_force

10-16-1107. Funding for reinsurance program - sources - permitted uses - reinsurance program cash fund - calculation of total funding for program. (1) (a) There is hereby created in the state treasury the reinsurance program cash fund referred to in this section as the "fund", which consists of:

(I) Federal pass-through funding granted pursuant to 42 U.S.C. sec. 18052 (a)(3) or any other federal funds that are made available for the reinsurance program;

(II) Any money the general assembly appropriates to the fund for the program; and

(III) Any amounts allocated to the fund pursuant to section 10-16-1205 (2).

(b) All money deposited or paid into or transferred, allocated, or appropriated to the reinsurance program cash fund, including interest or income earned on the investment of money in the fund, is continuously available and appropriated to the division to be expended in accordance with this part 11. Any interest or income earned on the investment of money in the fund shall be credited to the fund.

(c) The reinsurance program cash fund is part of the Colorado health insurance affordability enterprise established pursuant to part 12 of this article 16.

(2) The commissioner may seek, accept, and expend gifts, grants, or donations from private or public sources for the operation, reserves, and sustainability of the reinsurance program.

(3) The commissioner may expend money received from the sources specified in subsections (1) and (2) of this section for:

(a) Reinsurance payments under the reinsurance program; and

(b) Administrative and operating expenses of the reinsurance program, the commissioner, and the division under this part 11.

(4) (a) If, after June 30, 2020, the United States congress enacts and the president signs federal legislation establishing or the secretary of the United States department of health and human services implements a federal reinsurance program that provides federal funding for the reinsurance program or otherwise makes additional federal funds available for the reinsurance program in excess of the amount received as federal pass-through funding pursuant to subsection (1)(a)(I) of this section, the commissioner shall notify the health insurance affordability board created in section 10-16-1207 of the amount of federal funding in excess of the federal pass-through funding that will be available for the reinsurance program and the date the funding is expected to be received.

(b) If the reinsurance program receives federal funding as described in this subsection (4) to make reinsurance payments to carriers in a given year after the health insurance affordability enterprise has allocated money to the reinsurance program pursuant to section 10-16-1205 (2) for that year, the commissioner shall return to the enterprise the allocation or a portion of the allocation, as determined by the enterprise, based on the amount of federal funding received for that year.
C.R.S. § 10-7-708 — CO Code / Title 10 / Article 7 / Part 7 / Section 10-7-708
10-7-708. Prohibited practices
Status: in_force

10-7-708. Prohibited practices. (1) It is unlawful for any person to procure, or cause to be procured or effected, a policy in violation of section 10-7-703. Such conduct is an unfair or deceptive act or practice pursuant to section 10-3-1104.

(2) It is unlawful for any person to engage in stranger originated life insurance or otherwise wager on life. Such conduct is an unfair or deceptive practice pursuant to section 10-3-1104.
C.R.S. § 10-3-406 — CO Code / Title 10 / Article 3 / Part 4 / Section 10-3-406
10-3-406. Protest of finding of delinquency
Status: in_force

10-3-406. Protest of finding of delinquency. In the event the insurance company protests the determination of delinquency by the commissioner, the commissioner shall stay his decision to place the insurance company under direct supervision and shall give the insurance company not less than fifteen days to show cause, at a hearing conducted by the commissioner, why such a determination should not be made. In cases of emergency, the commissioner may allow his determination of delinquency to stand until the insurance company, under the show cause order or at the hearing, gives sufficient proof that the commissioner's determination was erroneous.
C.R.S. § 10-16-127 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-127
10-16-127. Coinsurance and deductibles
Status: in_force

10-16-127. Coinsurance and deductibles. A carrier subject to the provisions of parts 2, 3, and 4 of this article may offer one or more health coverage plans that contain deductibles or coinsurance without any limitation or restriction on the maximum out-of-pocket payable by the insured.
C.R.S. § 10-2-501 — CO Code / Title 10 / Article 2 / Part 5 / Section 10-2-501
10-2-501. Reciprocity
Status: in_force

10-2-501. Reciprocity. (1) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except those requirements imposed by section 10-2-502, if the applicant's home state awards nonresident licenses to residents of this state on the same basis.

(2) A nonresident producer's satisfaction of a nonproducer's home state's continuing education requirements for licensed insurance producers shall constitute satisfaction of this state's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.
C.R.S. § 10-4-1305 — CO Code / Title 10 / Article 4 / Part 13 / Section 10-4-1305
10-4-1305. Plan of operation - annual certification
Status: in_force

10-4-1305. Plan of operation - annual certification. (1) (a) The board shall submit to the commissioner a proposed plan of operation consistent with the provisions of this part 13. If the board fails to do so, the commissioner shall promulgate a plan of operation or part thereof, as the case may be. The plan of operation approved or promulgated by the commissioner shall become effective and operational upon order of the commissioner.

(b) The board may change the plan of operation at any time upon the board's initiative. Adoption of the plan and any changes thereto shall require the consent of two-thirds of the members and the approval of the commissioner.

(2) The plan of operation shall provide for the prompt and efficient provision of black lung insurance and shall contain other provisions including, but not limited to:

(a) A preliminary uniform assessment of all members, based on market share as measured by workers' compensation premium in this state, for initial expenses necessary to commence operations;

(b) The establishment of necessary facilities;

(c) The management of the association;

(d) A pro rata assessment of members to defray losses and expenses;

(e) Reasonable and objective underwriting standards;

(f) The cession of reinsurance;

(g) Appointments of servicing carriers or other servicing arrangements, including contracts with data service organizations; except that the criteria for selecting service providers shall include, at a minimum, experience in administration of workers' compensation with particular emphasis on workers' compensation residual market mechanisms;

(h) Procedures for determining amounts of insurance to be provided by the association;

(i) Criteria for eligibility for coverage under the plan;

(j) Programs to encourage insurers to provide black lung insurance coverage in the voluntary market;

(k) Procedures for publication of renewal dates of employers insured under the plan;

(l) Procedures for equitable distribution of applicants to the plan;

(m) The provision of policy, claims, and loss control services to the employers insured under the plan;

(n) Review of applications for coverage with the plan;

(o) Procedures for auditing employers insured under the plan, which procedures shall be based on reasonable business judgment and designed to maximize the likelihood that the plan will collect the appropriate premiums;

(p) Servicing carrier standards, commission schedules, and other provisions relating to agents who submit business to the plan;

(q) Termination of coverage of and refusal of future coverage to an insured employer that:

(I) Fails to make payments when due;

(II) Is delinquent in payment of workers' compensation or employers' liability insurance payments or deductible payments owed to a service provider or former insurer;

(III) Fails to comply with any reasonable loss control programs recommended by the plan; or

(IV) Fails to cooperate with reasonable investigation of claims involving its employees, payroll audits, or development of loss control recommendations.

(3) The plan shall use actuarially sound rates. The plan shall also put in place rates and rating plans for new applicants that had previously been self-insured. The plan may offer rating, dividend plans, and other means to encourage employers to participate in loss prevention programs. Rates and rating plans shall be subject to approval by the commissioner using the standards set forth in part 4 of this article.
C.R.S. § 10-2-606 — CO Code / Title 10 / Article 2 / Part 6 / Section 10-2-606
10-2-606. Discrimination against affiliated agents
Status: in_force

10-2-606. Discrimination against affiliated agents. (1) No financial institution shall:

(a) Require, as a condition of providing or renewing a contract for providing a product or service to any customer, that the customer purchase, finance, or negotiate any policy or contract of insurance through any particular person;

(b) In connection with a loan or extension of credit that requires a borrower to obtain insurance, reject an insurance policy solely because such policy has been issued or underwritten by any person who is not associated with such institution;

(c) Impose any requirement on any insurance producer who is not associated with the financial institution that is not imposed on any insurance producer who is associated with such institution; or

(d) Unless otherwise authorized by applicable federal or state law, require any debtor, insurer, or producer to pay a separate charge in connection with the handling of insurance that is required under a contract.
C.R.S. § 10-1-127 — CO Code / Title 10 / Article 1 / Part 1 / Section 10-1-127
10-1-127. Discretionary use of administrative law judges
Status: in_force

10-1-127. Discretionary use of administrative law judges. Whenever the commissioner or the division of insurance pursuant to this title or any other provision of law is obligated or authorized to hold a hearing, the commissioner, at his or her discretion, may designate an employee of the division of insurance who has administrative responsibilities to act as a hearing officer or may use the services of an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., to conduct the hearing according to the "State Administrative Procedure Act". Any decision by such a designated hearing officer or appointed administrative law judge shall be an initial decision and, in the absence of an appeal to the division of insurance or a review upon motion of the commissioner as provided in section 24-4-105, C.R.S., shall thereupon become the decision of the division of insurance. Any final decision of the commissioner or the division of insurance shall be subject to judicial review by the court of appeals pursuant to section 24-4-106 (11), C.R.S.
C.R.S. § 10-16-1413 — CO Code / Title 10 / Article 16 / Part 14 / Section 10-16-1413
10-16-1413. Optional participating plans - notice of election to participate required
Status: in_force

10-16-1413. Optional participating plans - notice of election to participate required. An optional participating plan that elects to subject its purchases of or payer reimbursements for prescription drugs in Colorado to the requirements of this part 14 shall notify the commissioner in writing within thirty days after such election.
C.R.S. § 10-5-102 — CO Code / Title 10 / Article 5 / Section 10-5-102
10-5-102. Validity of certain contracts
Status: in_force

10-5-102. Validity of certain contracts. A contract of insurance effectuated by a nonadmitted insurer in violation of the provisions of this article shall be voidable except at the instance of the insurer.
C.R.S. § 10-3-1503 — CO Code / Title 10 / Article 3 / Part 15 / Section 10-3-1503
10-3-1503. Risk management framework
Status: in_force

10-3-1503. Risk management framework. An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.
C.R.S. § 10-16-1106 — CO Code / Title 10 / Article 16 / Part 11 / Section 10-16-1106
10-16-1106. Accounting - reports - audits
Status: in_force

10-16-1106. Accounting - reports - audits. (1) The commissioner shall maintain an accounting for each benefit year of all:

(a) Money expended for reinsurance payments and administrative and operational expenses;

(b) Requests for reinsurance payments received from eligible carriers;

(c) Reinsurance payments made to eligible carriers; and

(d) Administrative and operational expenses incurred for the reinsurance program.

(2) By November 1 of the year following the applicable benefit year or sixty calendar days after the final disbursement of reinsurance payments for the applicable benefit year, whichever is later, the commissioner shall make available to the public a report summarizing the reinsurance program's operations for each benefit year. The commissioner shall post the report on the division's website.

(3) The reinsurance program is subject to audit by the state auditor. The commissioner shall ensure that all of the reinsurance program's contractors, subcontractors, and agents cooperate with the audit.

(4) On or before November 1, 2020, and on or before November 1 of each year thereafter, the division shall include an update regarding the program in its report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.
C.R.S. § 10-3-1710 — CO Code / Title 10 / Article 3 / Part 17 / Section 10-3-1710
10-3-1710. Certificate of division
Status: in_force

10-3-1710. Certificate of division. (1) If the commissioner approves a dividing insurer's plan of division pursuant to section 10-3-1708, an officer or duly authorized representative of the dividing insurer shall sign a certificate of division that sets forth all of the following:

(a) The name of the dividing insurer;

(b) A statement disclosing whether the dividing insurer survived the division. If the dividing insurer survived the division, the certificate of division must include any amendments to the dividing insurer's articles of incorporation or bylaws approved as part of the plan of division.

(c) The name of each resulting insurer that is created by the division;

(d) The date on which the division is effective;

(e) A statement that the division was approved by the commissioner pursuant to section 10-3-1708;

(f) A statement that the dividing insurer provided reasonable notice to each reinsurer that is a party to a reinsurance contract allocated in the plan of division, if any;

(g) The articles of incorporation and bylaws for each resulting insurer created by the division. The articles of incorporation and bylaws of each resulting insurer must comply with the applicable requirements of the laws of this state. The articles of incorporation and bylaws may state the name or address of an incorporator, may be signed, and may include any provision that is not required in a restatement of the articles of incorporation or bylaws.

(h) A reasonable description of the capital, surplus, or other assets and liabilities, including policy liabilities, of the dividing insurer that are to be allocated to each resulting insurer.

(2) A dividing insurer's certificate of division is effective on the date the dividing insurer files the certificate with the commissioner. A division is effective on the date specified in the certificate of division filed in accordance with this section.
C.R.S. § 10-16-149 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-149
10-16-149. Commissioner report - parity effects on premiums - repeal
Status: repealed

10-16-149. Commissioner report - parity effects on premiums - repeal. (Repealed)
C.R.S. § 10-3-1113 — CO Code / Title 10 / Article 3 / Part 11 / Section 10-3-1113
10-3-1113. Information to trier of fact in civil actions
Status: in_force

10-3-1113. Information to trier of fact in civil actions. (1) In any civil action for damages founded upon contract, or tort, or both against an insurance company, the trier of fact may be instructed that the insurer owes its insured the duty of good faith and fair dealing, which duty is breached if the insurer delays or denies payment without a reasonable basis for its delay or denial.

(2) Under a policy of liability insurance, the determination of whether the insurer's delay or denial was reasonable shall be based on whether the insurer's delay or denial was negligent.

(3) Under a policy of first-party insurance, the determination of whether the insurer's delay or denial was reasonable shall be based on whether the insurer knew that its delay or denial was unreasonable or whether the insurer recklessly disregarded the fact that its delay or denial was unreasonable.

(4) In determining whether an insurer's delay or denial was reasonable, the jury may be instructed that willful conduct of the kind set forth in section 10-3-1104 (1)(h)(I) to (1)(h)(XIV) is prohibited and may be considered if the delay or denial and the claimed injury, damage, or loss was caused by or contributed to by such prohibited conduct.
C.R.S. § 10-13-105 — CO Code / Title 10 / Article 13 / Section 10-13-105
10-13-105. Maximum indemnity on single risk
Status: in_force

10-13-105. Maximum indemnity on single risk. There shall be filed with the commissioner by such attorney a statement under oath showing the maximum amount of indemnity upon any single risk, and such attorney, as often as the same is required, shall file with the commissioner a statement verified by his oath to the effect that he has examined the commercial rating of such subscribers as shown by the reference book of a commercial agency having at least one hundred thousand subscribers and that from such examination or from other information in his possession it appears that no subscriber has assumed on any single risk an amount greater than ten percent of the net worth of such subscriber.
C.R.S. § 10-3-116 — CO Code / Title 10 / Article 3 / Part 1 / Section 10-3-116
10-3-116. Sale of stock without license - penalty
Status: repealed

10-3-116. Sale of stock without license - penalty. (Repealed)
C.R.S. § 10-18-104 — CO Code / Title 10 / Article 18 / Section 10-18-104
10-18-104. Minimum standards for benefits and claims payment
Status: in_force

10-18-104. Minimum standards for benefits and claims payment. The commissioner shall issue reasonable regulations to establish minimum standards for benefits and payment of claims under medicare supplement policies.
C.R.S. § 10-16-1307 — CO Code / Title 10 / Article 16 / Part 13 / Section 10-16-1307
10-16-1307. Advisory board - members - rules
Status: in_force

10-16-1307. Advisory board - members - rules. (1) (a) The commissioner shall consult with an advisory board to implement this part 13. The governor shall appoint the members of the advisory board on or before July 1, 2022, and shall ensure that the membership of the advisory board has demonstrated experience and expertise in most of the areas listed in subsection (2) of this section.

(b) To the extent possible, the governor shall appoint advisory board members who are diverse with regard to race, ethnicity, immigration status, age, ability, sexual orientation, gender identity, and geography. In considering the racial and ethnic diversity of the advisory board, the governor shall attempt to ensure that at least one-third of the members are people of color. In considering the geographic diversity of the advisory board, the governor shall attempt to appoint members from both rural and urban areas of the state.

(2) The governor may appoint up to eleven members to the advisory board and, to the extent practicable, shall include individuals who:

(a) Have faced barriers to health access, including people of color, immigrants, and Coloradans with low incomes;

(b) Have experience purchasing the standardized plan;

(c) Represent consumer advocacy organizations;

(d) Have expertise in health equity;

(e) Have expertise in health benefits for small businesses;

(f) Represent carriers or who have experience with designing a health insurance plan and setting rates;

(g) Represent hospitals or who have experience with contracts between hospitals and carriers;

(h) Represent health-care providers or who have experience with contracts between health-care providers and carriers;

(i) Represent an employee organization that represents employees in the health-care industry; or

(j) Are licensed or retired physicians practicing or who practiced in this state.

(3) The members serve at the pleasure of the governor.

(4) In addition to consulting with the commissioner pursuant to subsection (1)(a) of this section, the advisory board may:

(a) Consider recommendations to streamline prior authorization and utilization management processes for the standardized plan;

(b) Recommend ways to keep health-care services in the communities where patients live; and

(c) Consider whether alternative payment models may be appropriate for particular services, taking into consideration the impacts of such models on health outcomes for people of color.

(5) The division shall provide technical and administrative support to assist the advisory board.
C.R.S. § 10-16-424 — CO Code / Title 10 / Article 16 / Part 4 / Section 10-16-424
10-16-424. Commissioner's authority to contract
Status: in_force

10-16-424. Commissioner's authority to contract. The commissioner, in carrying out his or her obligations pursuant to sections 10-16-402 (1)(b) and 10-16-417 (1), may contract with qualified persons concerning the determinations required to be made by the commissioner.
C.R.S. § 10-11-112 — CO Code / Title 10 / Article 11 / Part 1 / Section 10-11-112
10-11-112. Net retained liability
Status: in_force

10-11-112. Net retained liability. The net retained liability of any title insurance company under any single insurance risk, as defined in section 10-11-102 (4) and (7), shall not exceed fifty percent of the net amount remaining after deducting from the sum of its capital, surplus, unearned premium reserve, and voluntary reserves the value, if any, assigned in such summation to its title plant, all as shown in its most recent report on file with the commissioner. The same limitation shall apply to any secondary risk assumed by means of reinsurance or to any policy of excess coinsurance; except that, whenever the primary retained liability of a ceding company equals or exceeds ten percent of the single insurance risk liability, the net retained or assumed liability limit of this section may be increased by an additional two hundred fifty thousand dollars, but in no event above one hundred percent of the net amount remaining after deducting from the sum of its capital and surplus the value, if any, assigned in such summation to its title plant, all as shown by its most recent report on file with the commissioner. Nothing in this section is intended to limit the amount of a single insurance risk, as defined in section 10-11-102 (7), that may be written by a title insurance company; but it shall cede to one or more other title reinsurers, on or before the effective date of such writing, such portion of the said risk as shall be sufficient to bring its net retained liability thereunder within the limits prescribed in this section; and each such cession of risk shall be within the limits of this section as applied to the sum of the capital, surplus, unearned premium reserve, and voluntary reserves, less the value, if any, assigned in such summation to the title plants of the reinsuring company, as shown by its most recent report on file with the supervisory agency in the state of its domicile.
C.R.S. § 10-4-623 — CO Code / Title 10 / Article 4 / Part 6 / Section 10-4-623
10-4-623. Conditions and exclusions
Status: in_force

10-4-623. Conditions and exclusions. (1) The coverage described in section 10-4-620 may be subject to conditions and exclusions that are not inconsistent with the requirements of this part 6.

(2) The coverage described in section 10-4-620 may also be subject to exclusions where the injured person:

(a) Sustains injury caused by his or her own intentional act; or

(b) Is operating a motor vehicle as a converter without a good faith belief that he or she is legally entitled to operate or use such vehicle.

(3) (a) The coverage described in section 10-4-620 is conditioned upon the insurer offering coverages pursuant to section 10-4-609 (1).

(b) The insurer shall be deemed to have complied with the requirements of section 10-4-609 (1) and the exclusion of the insured from uninsured motorist coverage shall be deemed valid if the named insured has rejected the uninsured motorist coverage in writing. Such exclusion shall be continuing until such time as the insured requests that the insurer provide uninsured motorist coverage. The insurer shall not have a duty to offer uninsured motorist coverage after receiving the insured's written request for exclusion even though:

(I) The vehicles insured under the policy have changed; or

(II) The policy is reinstated, transferred, substituted, amended, altered, modified, replaced, or renewed.

(c) The insurer shall be deemed to have complied with section 10-4-609 (1) and the insured's uninsured motorist coverage shall be deemed valid if the insurer has offered coverage at available levels and the insured has selected coverage of a certain value. The insurer shall not have a duty to offer changes in uninsured motorist coverage to the insured even though:

(I) The vehicles covered under the policy have changed; or

(II) The policy is reinstated, transferred, substituted, amended, altered, modified, replaced, or renewed; except that, if there is an increase in bodily injury liability limits and the limits of the uninsured motorist coverage would be less than such limits, the insurer shall offer new uninsured motorist coverage to the insured pursuant to section 10-4-609 (2).
C.R.S. § 10-16-159 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-159
10-16-159. Coverage for sterilization services - cost sharing
Status: in_force

10-16-159. Coverage for sterilization services - cost sharing. (1) For health benefit plans issued or renewed on or after January 1, 2025, if sterilization services are a covered service, the health benefit plan must provide the coverage regardless of the covered person's sex or gender and without deductibles, copayments, coinsurance, annual or lifetime maximum benefit limits, or other cost sharing for or limits on the coverage for sterilization services.

(2) The provisions of this section do not apply to a high deductible health benefit plan pursuant to 26 U.S.C. sec. 223, as amended, issued or renewed in this state until an eligible insured's deductible has been met, unless allowed pursuant to federal law.
C.R.S. § 10-16-312 — CO Code / Title 10 / Article 16 / Part 3 / Section 10-16-312
10-16-312. Contracts with other organizations
Status: in_force

10-16-312. Contracts with other organizations. Any corporation subject to the provisions of part 1 of this article and this part 3 may contract with any agency, instrumentality, or political subdivision of the United States of America, or of the state of Colorado for the making available of hospital, medical-surgical, and other health-care services, and in aid or furtherance of such contract may accept, receive, and administer in trust, funds directly or indirectly made available by such agency, instrumentality, or political subdivision. Any such corporation may also subcontract with any organization which has contracted with any agency, instrumentality, or political subdivision of the United States of America or of the state of Colorado for the furnishing of hospital, medical-surgical, or other health services by which subcontract such corporation undertakes to furnish the services specified by the basic contract. Any corporation subject to the provisions of part 1 of this article and this part 3 may also enter into agreements or contracts with other similar organizations or corporations licensed to do business in this state or any other state for the transfer of subscribers or members, for the reciprocal or joint provision of benefits to the subscribers or members of such corporation and such organizations, or such other joint undertakings as the corporation's board of directors or trustees may approve.
C.R.S. § 10-1-136 — CO Code / Title 10 / Article 1 / Part 1 / Section 10-1-136
10-1-136. Insurance policies - language other than English - increasing access for non-Eng
Status: in_force

10-1-136. Insurance policies - language other than English - increasing access for non-English-speaking consumers - definitions. (1) An insurer may conduct transactions in a language other than English.

(2) An insurer authorized to offer insurance in this state may provide insurance policies, endorsements, riders, and any explanatory or advertising materials in a language other than English. If an insurer opts to provide an insurance policy, endorsement, or rider to the customer in a language other than English, the insurer must also provide the English version at the same time. In the event of a dispute or complaint regarding the insurance or advertising materials, the English language version of the insurance document controls the resolution of the dispute or complaint.

(3) (a) A non-English-language policy delivered or issued for delivery in this state is deemed to comply with articles 4 and 16 of this title 10 if the insurer certifies that the policy is translated:

(I) From an English-language policy that complies with this title 10;

(II) Correctly; and

(III) By a certified translator who has certified that the policy is correctly translated or, if a certified translator is not available to translate the policy from English into a language for which the American Translators Association certifies translators, by a qualified translator who has certified that the policy is correctly translated.

(b) An insurer shall maintain copies of all translated policies, endorsements, riders, and any explanatory or advertising materials and make them available for review by the commissioner upon request.

(3.5) The commissioner shall use councils established within the division, including the producer advisory council and any other councils established by the commissioner, to engage with bilingual insurance producers to discuss the insurance market for non-English-speaking consumers, including ways to increase access to insurance products and services for non-English-speaking consumers.

(4) As used in this section:

(a) "American Translators Association" means the national, nonprofit professional association, or its successor organization, that offers certification for translators.

(b) "Certified translator" means an individual who is certified as a translator by the American Translators Association.
C.R.S. § 10-4-111 — CO Code / Title 10 / Article 4 / Part 1 / Section 10-4-111
10-4-111. Summary disclosure forms required
Status: in_force

10-4-111. Summary disclosure forms required. (1) Every insurer issuing policies of dwelling fire insurance, homeowner's insurance, or automobile insurance subject to the provisions of part 6 of this article shall, as a condition of doing business in this state, have on file for public inspection at the division a summary disclosure form that contains a simple explanation of the major coverages and exclusions of such policies of insurance together with a recitation of general factors considered in cancellation, nonrenewal, and increase in premium situations. Each summary disclosure form shall provide notice in bold face letters that the policyholder should read the policy for complete details, and such disclosure form shall not be construed to replace any provision of the policy itself. In the event of any conflict between the policy and the disclosure form, the provisions of the policy shall prevail.

(2) Every insurer shall update disclosure forms periodically subject to changes in major coverages and exclusions of such policies of insurance and changes in factors considered in cancellation, nonrenewal, and increase in premium situations.

(3) Every insurer or its designated agent shall furnish the required disclosure form to:

(a) Applicants for insurance coverage at the time of the initial insurance purchase;

(b) Policyholders of any renewal policy when there are changes in major coverages and exclusions or changes in factors considered in cancellation, nonrenewal, and increase in premium situations; and

(c) Homeowner's insurance policyholders at least annually.

(4) Any insurer who violates the provisions of subsection (1) of this section shall be deemed to have engaged in unfair or deceptive acts or practices prohibited by section 10-3-1104 (1)(a)(I) and shall be subject to the penalties provided in section 10-3-1108 and 10-3-1109.

(5) In addition to the disclosure requirements in this section, every insurer or producer who issues automobile insurance policies pursuant to part 6 of this article shall comply with the disclosure requirements in section 10-4-636.
C.R.S. § 10-4-621 — CO Code / Title 10 / Article 4 / Part 6 / Section 10-4-621
10-4-621. Required coverages are minimum
Status: in_force

10-4-621. Required coverages are minimum. (1) Nothing in this part 6 shall be construed to prohibit the issuance of policies providing coverages more extensive than the minimum coverage required by section 10-4-620, nor to require the segregation of such minimum coverage from other coverages in the same policy. However, loss statistics as to bodily injury liability and property damage liability shall be kept separately for rating purposes, and such statistics shall be filed with the commissioner each year.

(2) On and after January 1, 2005, all insurers shall offer collision coverage for damage to insured motor vehicles subject to deductibles of one hundred dollars and two hundred fifty dollars. Insurers may offer such other reasonable deductibles as they deem appropriate. Collision coverage shall provide insurance without regard to fault against accidental property damage to the insured motor vehicle with another motor vehicle or motor vehicle caused by physical contact of the insured with another object or by upset of the insured motor vehicle, if the accident occurs within the United States or its territories or possessions.

(3) No insurer may surcharge, refuse to write, cancel, or nonrenew a complying policy of automobile insurance based solely on the method of compliance or level of coverage chosen, as long as the requirements are met under section 42-3-105 (1)(d)(I) or (1)(f), C.R.S.
C.R.S. § 10-12-107 — CO Code / Title 10 / Article 12 / Part 1 / Section 10-12-107
10-12-107. Ownership of profits
Status: in_force

10-12-107. Ownership of profits. Every domestic insurance company incorporated upon the mutual or assessment plan shall state clearly in its policies or certificates that the accumulations of profits of such corporations over and above all proper liabilities are the sole property of the members or policyholders in good standing and that the same shall be distributed in a just and equitable manner in case such company is reinsured or ceases to do business.
C.R.S. § 10-4-607 — CO Code / Title 10 / Article 4 / Part 6 / Section 10-4-607
10-4-607. Immunity
Status: in_force

10-4-607. Immunity. There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or against any insurer, its authorized representative, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, or for any statement made by any of them in any written notice of cancellation or notification of reason for nonrenewal, or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal, or the providing of information with respect thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.
C.R.S. § 10-16-422 — CO Code / Title 10 / Article 16 / Part 4 / Section 10-16-422
10-16-422. Filings and reports as public documents
Status: in_force

10-16-422. Filings and reports as public documents. All applications, filings, and reports required under part 1 of this article and this part 4 shall be treated as public documents.
C.R.S. § 10-19-114.5 — CO Code / Title 10 / Article 19 / Section 10-19-114.5
10-19-114.5. Penalties
Status: in_force

10-19-114.5. Penalties. In addition to any other penalties provided by the laws of Colorado, any carrier or any producer who violates any requirement of Colorado law relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine of up to three times the amount of any commissions paid for each policy involved in the violation or up to ten thousand dollars, whichever is greater.
C.R.S. § 10-3-551 — CO Code / Title 10 / Article 3 / Part 5 / Section 10-3-551
10-3-551. Domiciliary liquidators in other states
Status: in_force

10-3-551. Domiciliary liquidators in other states. (1) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall be vested, except as to special deposits and security on secured claims under section 10-3-552 (3), by operation of law with the title to all of the assets, property, contracts, rights of action, and agents' balances and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state; otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state, and shall also, subject to the provisions of section 10-3-552, have the right to recover all other assets of the insurer located in this state.

(2) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this state shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books, accounts, and other records of the insurer located in this state, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this state may petition for a conservation or liquidation order under section 10-3-549 or 10-3-550 or for an ancillary receivership under section 10-3-552, or, after approval by the district court in and for the city and county of Denver, may transfer title to the domiciliary liquidator as the interests of justice and the equitable distribution of the assets require.

(3) Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the domiciliary law permits. Such claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
C.R.S. § 10-3-1301 — CO Code / Title 10 / Article 3 / Part 13 / Section 10-3-1301
10-3-1301. Short title
Status: in_force

10-3-1301. Short title. This part 13 shall be known and may be cited as the "Model Quality Replacement Parts Act".
C.R.S. § 10-16-1301 — CO Code / Title 10 / Article 16 / Part 13 / Section 10-16-1301
10-16-1301. Short title
Status: in_force

10-16-1301. Short title. The short title of this part 13 is the "Colorado Standardized Health Benefit Plan Act".
C.R.S. § 10-12-109 — CO Code / Title 10 / Article 12 / Part 1 / Section 10-12-109
10-12-109. Mutual insurance companies - voting powers
Status: in_force

10-12-109. Mutual insurance companies - voting powers. Every member of the company shall be entitled to one vote or to a number of votes based upon the insurance in force, the number of policies held, or the amount of premiums paid, as may be provided in the bylaws.
C.R.S. § 10-15-119 — CO Code / Title 10 / Article 15 / Section 10-15-119
10-15-119. Immunity from prosecution
Status: in_force

10-15-119. Immunity from prosecution. (1) If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture, and, notwithstanding such request, the commissioner directs such person to give such testimony or produce such evidence, such person shall nonetheless comply with such direction but the person shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person testifies or produces evidence pursuant thereto; and no testimony so given or evidence so produced shall be received against such person upon any criminal action, investigation, or proceeding. However, no person who has filed a waiver pursuant to subsection (3) of this section shall be immune from prosecution on account of testimony given or evidence produced.

(2) No person so testifying shall be exempt from prosecution or punishment for any perjury in the first degree committed by the person while so testifying, and the testimony or evidence so given or produced shall be admissible against the person upon any criminal action, investigation, or proceeding concerning such perjury; nor shall the person be exempt from the refusal, revocation, or suspension of any license, permission, or authority conferred, or to be conferred, pursuant to the laws of this state.

(3) Any person may execute, acknowledge, and file in the office of the commissioner a statement expressly waiving his or her immunity or privilege with respect to any transaction, matter, or thing specified in such statement, and thereupon the testimony of such person or such evidence in relation to such transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or other authority, and if it is so received or produced, such individual shall not be entitled to any immunity or privilege on account of such testimony so given or evidence so produced. A waiver executed pursuant to this subsection (3) shall be valid only if it is:

(a) Entered into voluntarily;

(b) Executed by a person with the intellectual capacity to understand the consequences of executing such a waiver;

(c) Not executed under threat, coercion, or duress; and

(d) (I) Entered into knowingly.

(II) For purposes of this paragraph (d), a waiver is entered into knowingly when the person executing such waiver has been informed of his or her right to confer with independent legal counsel.
C.R.S. § 10-4-1205 — CO Code / Title 10 / Article 4 / Part 12 / Section 10-4-1205
10-4-1205. Applicability
Status: in_force

10-4-1205. Applicability. This part 12 shall apply to licensed insurers as defined in section 10-4-1201 (6), whether domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All provisions of part 8 of article 3 of this title, to the extent they are consistent with the provisions of this part 12, shall continue to apply to all parties within holding company systems subject to this title.
C.R.S. § 10-14-603 — CO Code / Title 10 / Article 14 / Part 6 / Section 10-14-603
10-14-603. Annual certificate of authority
Status: in_force

10-14-603. Annual certificate of authority. Societies that are authorized to transact business in this state as of July 1, 1993, and all societies authorized thereafter, may continue such business until June 30, 1994. The authority of all such societies may thereafter be renewed annually but shall terminate on the last day of the succeeding June. However, a certificate of authority so issued shall continue in full force and effect unless specifically terminated. For each such certificate of authority or renewal the society shall pay to the division of insurance fees as prescribed pursuant to sections 10-3-207 and 24-31-104.5, C.R.S. A duly certified copy or duplicate of such certificate of authority shall be prima facie evidence that the society is a fraternal benefit society within the meaning of this article.
C.R.S. § 10-4-624 — CO Code / Title 10 / Article 4 / Part 6 / Section 10-4-624
10-4-624. Self-insurers
Status: in_force

10-4-624. Self-insurers. (1) Any person in whose name more than twenty-five motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the commissioner.

(2) The commissioner may, in his or her discretion, upon the application of such person, issue a certificate of self-insurance when the commissioner is satisfied that such person is able and will continue to be able to pay benefits as required under section 10-4-620 and to pay any and all judgments that may be obtained against such person. Upon not less than five days' notice and a hearing pursuant to such notice, the commissioner may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any benefits under section 10-4-620 or failure to pay any judgment within thirty days after such judgment has become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.

(3) For purposes of subsection (2) of this section, the commissioner shall accept, as proof that a motor carrier as defined in article 10.1 of title 40, C.R.S., is able and will continue to be able to pay all judgments that might be obtained against the carrier, a surety bond in a form acceptable to the commissioner in an amount determined by the commissioner sufficient to ensure that the carrier has the ability to pay all judgments that may be obtained against any such carrier.
C.R.S. § 10-18-107 — CO Code / Title 10 / Article 18 / Section 10-18-107
10-18-107. Right to examine policy - right to refund of premium
Status: in_force

10-18-107. Right to examine policy - right to refund of premium. Medicare supplement policies or certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the policyholder or certificate holder shall have the right to return the policy or certificate within thirty days after its delivery and to have any premium refunded if, after examination of the policy or certificate, the policyholder or certificate holder is not satisfied for any reason. Any refund made pursuant to this section shall be paid directly to the policyholder or certificate holder by the insurer in a timely manner. If a policyholder or certificate holder decides to cancel a policy or certificate after the first thirty days of coverage and the policyholder or certificate holder provides the insurer notice of the cancellation at least thirty days before cancellation, the insurer shall refund a prorated amount of any prepaid premiums for such policy or certificate based on the subsequent full months of coverage being canceled.
C.R.S. § 10-3-540 — CO Code / Title 10 / Article 3 / Part 5 / Section 10-3-540
10-3-540. Secured creditors' claims
Status: in_force

10-3-540. Secured creditors' claims. (1) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct:

(a) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditor; or

(b) By agreement, arbitration, compromise, or litigation between the creditor and the liquidator.

(2) The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant surrenders the security to the liquidator, the entire claim shall be allowed as if unsecured.
C.R.S. § 10-15-115 — CO Code / Title 10 / Article 15 / Section 10-15-115
10-15-115. Injunctions - cease-and-desist orders
Status: in_force

10-15-115. Injunctions - cease-and-desist orders. (1) Whenever the commissioner has reasonable cause to believe that any person is violating any provision of this article or any rule or order promulgated pursuant to this article, the commissioner may:

(a) In the name of the people of the state of Colorado, through the attorney general, apply for an injunction in any court of competent jurisdiction to perpetually enjoin such person from committing any act prohibited by this article; or

(b) After notice and hearing pursuant to sections 24-4-104 and 24-4-105, C.R.S., issue an order to cease and desist the act or acts violating any provision of this article. A copy of the cease-and-desist order shall be furnished to each party.
C.R.S. § 10-7-206 — CO Code / Title 10 / Article 7 / Part 2 / Section 10-7-206
10-7-206. Issuance and valuation of policies - annual statement
Status: in_force

10-7-206. Issuance and valuation of policies - annual statement. (1) Any life insurance company may issue life or endowment insurance, with or without annuities, upon the group plan, as defined in section 10-7-201, with special rates of premiums less than the usual rates of premiums for such policies. Group policies issued prior to the operative date of the "Standard Nonforfeiture and Valuation Act" may be valued on any accepted table of mortality and interest assumption adopted by the company for that purpose, but in no case shall the standard for any such policy be lower than the medico-actuarial table of mortality, or such other table of mortality as may be approved by the commissioner, with interest assumption at three and one-half percent. Group policies issued on or after the operative date of the "Standard Nonforfeiture and Valuation Act" shall be valued in accordance with the provisions of sections 10-7-309 to 10-7-313.

(2) All policies of group insurance shall be segregated by the company into separate classes, the mortality experience kept separate, and the number of policies, amount of insurance, reserves, premiums, and payments to the policyholders thereunder, together with the mortality table and interest assumption adopted by the company, shall be reported separately in the company's annual financial statement.
C.R.S. § 10-3-1118 — CO Code / Title 10 / Article 3 / Part 11 / Section 10-3-1118
10-3-1118. Failure-to-cooperate defense
Status: in_force

10-3-1118. Failure-to-cooperate defense. (1) To plead or prove a failure-to-cooperate defense in an action concerning an insurance policy providing first-party benefits or coverage, each of the following conditions must be met before the defense is asserted in a court of law or an arbitration:

(a) The insurer has submitted a written request to the insured or the insured's representative for the information the insurer seeks via:

(I) Electronic means if the insured or the insured's representative has consented to receive electronic documents from the insurer; or

(II) Certified mail;

(b) The information is not available to the insurer without the assistance of the insured;

(c) The written request provides the insured sixty days to respond;

(d) The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and

(e) The insurer gives the insured an opportunity to cure, which must:

(I) Include the furnishing of written notice to the insured of the alleged failure to cooperate, describing with particularity the alleged failure, within sixty days after the alleged failure; and

(II) Allow the insured sixty days after receipt of the written notice to cure the alleged failure to cooperate.

(2) A failure-to-cooperate defense acts as a defense to the portion of the claim materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim.

(3) The existence of a duty to cooperate in a policy does not relieve the insurer of its duty to investigate or to comply with section 10-3-1104.

(4) Any language in a first-party policy that conflicts with this section is void as against the public policy of Colorado.

(5) An insurer is not liable for a claim in a civil action based upon a bad-faith breach of contract under common law or under sections 10-3-1115 and 10-3-1116 because the insurer solely provides the insured with the required amount of time:

(a) To respond to the insurer's written request as specified under subsection (1)(c) of this section; and

(b) To cure the alleged failure to cooperate as specified under subsection (1)(e) of this section.
C.R.S. § 10-23-103 — CO Code / Title 10 / Article 23 / Section 10-23-103
10-23-103. Registration requirements - application
Status: in_force

10-23-103. Registration requirements - application. (1) An applicant for registration as a professional cash-bail agent shall supply the following information to the division:

(a) Whether the applicant during the last ten years has been convicted of a felony, entered a guilty plea to a felony, accepted a plea of nolo contendere to a felony, or engaged in or committed an act that violates this article, a rule promulgated under this article, or any act that would violate this article or a rule promulgated under this article if it had been committed in Colorado; and

(b) Any other information required by this article or by the division, including a full-face photograph, for which the applicant shall pay the actual costs if a photograph is required.

(2) (a) Prior to submission of an application pursuant to this article 23, each applicant shall have his or her fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation to obtain a fingerprint-based criminal history record check. If a third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant is required to submit payment by certified check or money order for the fingerprints and for the actual costs of the record check when the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation.

(b) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (2) reveal a record of arrest without a disposition, the division shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(3) To qualify as a professional agent, the applicant must have been licensed as an insurance producer who furnishes bail in Colorado for four years before applying for registration as a professional cash-bail agent.
C.R.S. § 10-7-605 — CO Code / Title 10 / Article 7 / Part 6 / Section 10-7-605
10-7-605. Forms approval
Status: in_force

10-7-605. Forms approval. A person may not use a viatical settlement contract or provide to a viator a disclosure statement form in this state unless such contract or form is first filed with and approved by the commissioner. Any settlement contract form or disclosure form filed with the commissioner shall be deemed approved if it has not been disapproved within sixty days after the filing. The commissioner shall disapprove a viatical settlement contract form or disclosure statement form if, in the commissioner's opinion, the contract or provisions contained in it are unreasonable, contrary to the interests of the public, or misleading or unfair to the viator.
C.R.S. § 10-4-303 — CO Code / Title 10 / Article 4 / Part 3 / Section 10-4-303
10-4-303. Application for release of surety - refund
Status: in_force

10-4-303. Application for release of surety - refund. When any company, surety upon the official bond of any trustee, committee, conservator, guardian, assignee, receiver, executor, administrator, or other fiduciary in this state desires to be released from such obligation, such surety shall file its application for such release in the court having jurisdiction of such fiduciary, and, thereupon, the clerk of such court shall issue, under the seal thereof, a notice to such fiduciary requiring him to furnish a new bond, with sureties to be approved by the court, within ten days after the date of the service of said notice. Such notice may be served in the manner provided by law for the service of a summons in a civil action. If such fiduciary fails to furnish such bond within the time prescribed, he shall be summarily removed from office, and a new trustee, committee, conservator, guardian, assignee, receiver, executor, administrator, or other fiduciary shall be forthwith appointed. From and after the time when such new bond is furnished and approved, or such new fiduciary appointed and qualified, the surety making such application shall be released from all liability upon its bond, except for such default or other misconduct on the part of such fiduciary as occurred prior thereto. If any surety has been released or withdrawn as provided in this title, and if the principal accounts in due form of law for all of his acts and doings and all trust funds or estate in his hands and secured by such bond, and if such account has been approved so that there is no further liability of the surety upon such bond, the unearned portion of any premium paid to such surety shall be refunded and repaid by the said surety.
C.R.S. § 10-2-502 — CO Code / Title 10 / Article 2 / Part 5 / Section 10-2-502
10-2-502. Nonresident licensing - qualification
Status: in_force

10-2-502. Nonresident licensing - qualification. (1) The commissioner may qualify an applicant as a nonresident, unless the applicant is denied licensure pursuant to section 10-2-801, and shall issue an insurance producer license to any qualified nonresident person in accordance with the following:

(a) The person maintains a license in good standing in the person's home state;

(b) An insurance agency or business entity may qualify as a nonresident if the agency or business entity has its principal office located in another state;

(c) The nonresident person holds a similar license that is awarded on the same basis in the nonresident's home state and for the same line or lines of authority applied for in this state;

(d) The person has submitted the proper request for licensure and has paid the fees set forth by regulation;

(e) The nonresident person has filed with the commissioner a current certification of license status for the purposes set forth in section 10-2-501;

(f) The person has submitted or transmitted to the insurance commissioner the application for licensure that the person submitted to his or her home state, or in lieu of the application, a completed uniform application.

(2) The commissioner may verify the producer's licensing status through the producer database maintained by the national association of insurance commissioners or its affiliates or subsidiaries.

(3) A license issued to a nonresident person shall confer the same rights and privileges as those afforded a resident licensee.

(3.5) A nonresident producer who moves from one state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty days after the change of legal residence. No fee or license application is required.

(4) If the insurance department of the nonresident insurance producer's resident state suspends, terminates, or revokes the producer's insurance license in that state, the nonresident insurance producer shall notify the commissioner and shall return the Colorado nonresident license pursuant to section 10-2-804.

(5) Notwithstanding any other provision of this article, a person licensed as a surplus lines producer in the surplus lines producer's home state shall receive a nonresident surplus lines producer license pursuant to subsection (1) of this section; except that nothing in this section otherwise amends or supercedes any provision of this part 5.

(6) Notwithstanding any other provision of this article, a person licensed as a limited lines credit insurance or other type of limited line producer in the limited line producer's home state shall receive a nonresident limited line producer license, pursuant to subsection (1) of this section, granting the same scope of authority granted under the license issued by the producer's home state. For the purposes of this subsection (6), limited lines insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to section 10-2-407.
C.R.S. § 10-7-313.4 — CO Code / Title 10 / Article 7 / Part 3 / Section 10-7-313.4
10-7-313.4. Requirements of a principle-based valuation
Status: in_force

10-7-313.4. Requirements of a principle-based valuation. (1) A company shall establish reserves using a principle-based valuation that meets the following conditions for policies or contracts as specified in the valuation manual. The valuation must:

(a) Quantify the benefits, guarantees, and funding associated with the contracts and their risks at a level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring during the lifetime of the contracts. For policies or contracts with significant tail risk, the valuation must reflect conditions appropriately adverse to quantify the tail risk.

(b) Incorporate assumptions, risk analysis methods, and financial models and management techniques that are consistent with, but not necessarily identical to, those utilized within the company's overall risk assessment process, while recognizing potential differences in financial reporting structures and any prescribed assumptions or methods;

(c) Incorporate assumptions that are derived in one of the following manners:

(I) The assumption is prescribed in the valuation manual.

(II) For assumptions that are not prescribed, the assumptions must:

(A) Be established utilizing the company's available experience, to the extent it is relevant and statistically credible; or

(B) To the extent that company data is not available, relevant, or statistically credible, be established utilizing other relevant, statistically credible experience.

(d) Provide margins for uncertainty, including adverse deviation and estimation error, such that the greater the uncertainty the larger the margin and resulting reserve.

(2) A company using a principle-based valuation for one or more policies or contracts subject to this section as specified in the valuation manual must:

(a) Establish procedures for corporate governance and oversight of the actuarial valuation function consistent with those described in the valuation manual;

(b) Provide to the commissioner and the board of directors an annual certification of the effectiveness of the internal controls with respect to the principle-based valuation. The company shall design the controls to assure that all material risks inherent in the liabilities and associated assets subject to the valuation are included in the valuation and that valuations are made in accordance with the valuation manual. The certification shall be based on the controls in place as of the end of the preceding calendar year.

(c) Develop, and file with the commissioner upon request, a principle-based valuation report that complies with standards prescribed in the valuation manual.

(3) A principle-based valuation may include a prescribed formulaic-reserve component.
C.R.S. § 10-3-1403 — CO Code / Title 10 / Article 3 / Part 14 / Section 10-3-1403
10-3-1403. Authority of commissioner
Status: in_force

10-3-1403. Authority of commissioner. The commissioner may establish, and from time to time amend, such regulations as are necessary to enable the commissioner to regulate risk retention groups and purchasing groups in this state to the extent permitted by the federal "Liability Risk Retention Act of 1986" and pursuant to the provisions of the laws of the state of Colorado.
C.R.S. § 10-3-107 — CO Code / Title 10 / Article 3 / Part 1 / Section 10-3-107
10-3-107. Appointment of registered agent to receive service of process - commissioner req
Status: in_force

10-3-107. Appointment of registered agent to receive service of process - commissioner required to maintain list - when service of process may be made on commissioner. (1) (a) An insurance company shall not engage in the business of insurance in this state unless it has filed with the commissioner the name of a registered agent in this state designated to receive service of process.

(b) The commissioner shall maintain a list of registered agents that are designated to receive service of process pursuant to subsection (1)(a) of this section and shall make information from the list available to any person upon request. Each insurance company must report any change in the registered agent designated to receive service of process to the commissioner within ten days after making the change.

(c) The information required to be filed with the commissioner pursuant to this subsection (1) may be filed in an electronic format.

(2) Notwithstanding subsection (1) of this section, service of process may be made on the commissioner if:

(a) An insurance company fails to appoint or maintain a registered agent as required by subsection (1) of this section;

(b) An insurance company's registered agent under subsection (1) of this section cannot be found with reasonable diligence; or

(c) An insurance company's certificate of authority is revoked.

(3) If an individual reasonably relies on the list of registered agents maintained by the commissioner pursuant to subsection (1)(b) of this section and serves otherwise valid process on an insurance company's registered agent so designated in the list, and it is later determined that the registered agent listed by the commissioner is not the correct registered agent properly designated by the company, then:

(a) The individual may serve process upon the commissioner; and

(b) If the individual uses due diligence to serve the commissioner, the applicable statute of limitations is tolled for the period of time beginning when the incorrect registered agent received service of process and ending when the commissioner receives service of process.

(4) Whenever lawful process against any insurance company is served upon the commissioner, three copies shall be furnished, and the commissioner shall forward a copy of the process to the secretary of the company or, in case of companies of foreign countries, to the resident manager in this country, and the commissioner shall also forward a copy of the process to the general agent of said company in this state.
C.R.S. § 10-16-153 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-153
10-16-153. Coverage for opioid antagonists provided by a hospital - definition
Status: in_force

10-16-153. Coverage for opioid antagonists provided by a hospital - definition. (1) As used in this section, unless the context otherwise requires, "opioid antagonist" has the same meaning as set forth in section 12-30-110 (7)(d).

(2) A carrier that provides coverage for opioid antagonists pursuant to the terms of a health coverage plan the carrier offers shall reimburse a hospital for the hospital's cost of an opioid antagonist if the hospital gives a covered person an opioid antagonist upon discharge from the hospital.
C.R.S. § 10-3-203 — CO Code / Title 10 / Article 3 / Part 2 / Section 10-3-203
10-3-203. Additional deposits - withdrawals
Status: in_force

10-3-203. Additional deposits - withdrawals. Any domestic insurance company depositing its insurance reserves with the commissioner under the optional reserve deposit law, section 10-7-101, at its option and in addition to its insurance reserves deposit, may also deposit with the commissioner approved securities not less in amount than the reserve required to mature any or all of the company's other contractual obligations of every kind designated at the time the deposits are made. Such additional deposits shall be to secure the payment of such other contractual obligations so designated. In determining the amount of deposit to be maintained with the commissioner on account of insurance or other reserves, he shall make proper deductions from the mathematical reserves for all indebtedness to the company on account of each policy and each contractual obligation not exceeding the reserve thereon, and for deferred and uncollected premiums on the policies and for the reserve on such part of each policy as may be reinsured as provided by law. Any amount at any time on deposit in excess of the amount required may be withdrawn by the depositing company. Whenever any such company makes an application to withdraw any excess deposit, the commissioner may accept the estimate or calculation of the company of such reserves or, at his option, may have a calculation or estimate thereof made for said purpose or an appraisal of the depositing company's securities, or both, at the expense of the company so applying, at such reasonable expense as may be agreed to by the company.
C.R.S. § 10-7-502 — CO Code / Title 10 / Article 7 / Part 5 / Section 10-7-502
10-7-502. Exemptions
Status: in_force

10-7-502. Exemptions. This part 5 shall not apply to any reinsurance, group annuity purchased under a retirement plan or plan of deferred compensation established or maintained by an employer (including a partnership or sole proprietorship) or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the federal "Internal Revenue Code of 1986", as now or hereafter amended. Nor shall this part 5 apply to any premium deposit fund, variable annuity, investment annuity, immediate annuity, deferred annuity contract after annuity payments have commenced, or reversionary annuity, or to any contract delivered outside this state through an agent or other representative of the company issuing the contract.
C.R.S. § 10-3-227 — CO Code / Title 10 / Article 3 / Part 2 / Section 10-3-227
10-3-227. Stock for purpose of reinsurance, consolidation, or merger
Status: in_force

10-3-227. Stock for purpose of reinsurance, consolidation, or merger. (1) Domestic insurance companies may invest in stock in any other insurance company authorized to do a similar business to that of the investing company, subject to the following provisions:

(a) No greater amount shall be applied to the acquisition of such stock than the investing company's capital and surplus in excess of the minimum required by law; except that, the commissioner may, by written order prior to such acquisition, permit the application of a greater amount thereto.

(b) A reinsurance, consolidation, or merger between the investing company and such other insurance company shall be effected within two years of the acquisition of such stock or within such extension of such period as may be granted by the commissioner.
C.R.S. § 10-2-1002 — CO Code / Title 10 / Article 2 / Part 10 / Section 10-2-1002
10-2-1002. Definitions
Status: in_force

10-2-1002. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Insurer" means any person, firm, association, or corporation duly licensed in this state as an insurance company pursuant to the applicable provisions of the insurance laws.

(2) (a) "Managing general agent", referred to in this part 10 as "MGA", means any person, firm, association, or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office, and acts as an agent for such insurer whether known as a managing general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or both of the following:

(I) Adjusts or pays claims in excess of an amount determined by the commissioner; or

(II) Negotiates reinsurance on behalf of the insurer.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), the following persons shall not be considered an MGA for the purposes of this part 10:

(I) An employee of the insurer;

(II) A United States manager of the United States branch of an alien insurer;

(III) An underwriting manager who, pursuant to contract, manages all the insurance operations of the insurer and who is under common control with the insurer subject to the provisions of part 8 of article 3 of this title and whose compensation is not based on the volume of premiums written;

(IV) The attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney.

(3) "Underwrite" means the authority to accept or reject risk on behalf of the insurer.
C.R.S. § 10-12-105 — CO Code / Title 10 / Article 12 / Part 1 / Section 10-12-105
10-12-105. Guaranty fund of mutual companies
Status: in_force

10-12-105. Guaranty fund of mutual companies. (1) Guaranty fund certificates may be issued to provide a guaranty fund for domestic life and fire insurance companies incorporated upon the mutual plan and for domestic casualty insurance associations incorporated upon the assessment plan, such fund to be held as security for the payment of all losses and other policy liabilities of such companies. Guaranty fund certificates may draw interest or dividends not exceeding in the aggregate eight percent per annum, which shall only be paid from the profits of the company. The certificates may only be retired or redeemed by using the profits of the company for that purpose, but the full fund as required of each kind of mutual and assessment company by this title (except article 15), and article 14 of title 24, C.R.S., shall at all times be maintained. Such guaranty fund shall be a liability until redeemed or retired. It shall only be used to pay policy claims or liabilities when the contingent mutual liability of the policyholders has been drawn upon and found insufficient to meet the losses of policy claims or when the directors for any cause fail to provide for the payment of policy claims.

(2) Upon satisfying himself of such failure, the commissioner shall suspend the certificate of authority of such company and apply to the district court for an order restraining said company from doing further business; and the court may appoint a receiver or issue such decrees and orders as may best serve the interests of the members or policyholders and of the public; and the disbursement or distribution of the guaranty fund shall then be made under the court's direction; but the fund shall first be used to pay policy claims or losses, and, if any of the fund then remains, it shall be used to pay creditors, if any, and the then remaining portion of the fund shall be used to redeem outstanding guaranty fund certificates, or, if none are outstanding, it shall be distributed among the members of the company as the court may direct. The profits of a domestic mutual insurance company or association are that portion of its cash funds not required for the payment of losses and expenses and not set apart for the unearned premium reserve or any other purpose required by law.
C.R.S. § 10-16-124 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-124
10-16-124. Prescription information cards - legislative declaration
Status: in_force

10-16-124. Prescription information cards - legislative declaration. (1) It is the intent of the general assembly to lessen patients' waiting times for prescriptions, to decrease administrative burdens for pharmacies, and to improve care to patients by minimizing confusion, eliminating unnecessary paperwork, and streamlining the dispensing of prescription drugs paid for by third party payors.

(2) Each health benefit plan that offers coverage for prescription drugs shall issue to the named insured a card or other device containing uniform prescription drug information. Such card or device shall be in the format approved by the national council for prescription drug programs, shall include all of the required and situational fields and shall conform to the most recent pharmacy identification card or device implementation guide produced by the national council for prescription drug programs.

(3) (a) A new uniform prescription drug information card or device, as required pursuant to subsection (2) of this section, shall be issued by a carrier:

(I) When a person enrolls in a health benefit plan that offers prescription drug coverage; and

(II) When a person's coverage changes and the change affects data contained on the card or device.

(b) Newly issued cards or devices shall be updated with the latest coverage information and shall conform to the national council for prescription drug programs' standards then in effect and to the implementation guide then in use.

(4) No health maintenance organization that supplies benefits to its plan subscribers through an in-house drug or pharmacy outlet and has received a certificate of authority pursuant to part 4 of this article shall be subject to this section.

(5) The provisions of the section shall not apply to the children's basic health plan as described in article 8 of title 25.5, C.R.S.
C.R.S. § 10-4-411 — CO Code / Title 10 / Article 4 / Part 4 / Section 10-4-411
10-4-411. Joint underwriting
Status: in_force

10-4-411. Joint underwriting. (1) Every group, association, or other organization of insurers which engages in joint reinsurance or joint underwriting shall be subject to regulation with respect thereto as provided in this part 4.

(2) If, after a hearing, the commissioner finds that any activity or practice of any such group, association, or other organization is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4 and requiring the discontinuance of such activity or practice.
C.R.S. § 10-14-502 — CO Code / Title 10 / Article 14 / Part 5 / Section 10-14-502
10-14-502. Funds
Status: in_force

10-14-502. Funds. (1) All assets shall be held, invested, and disbursed for the use and benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract.

(2) A society may create, maintain, invest, disburse, and apply any special fund or funds necessary to carry out any purpose permitted by the governing documents of such society.

(3) A society may, pursuant to resolution of its supreme governing body and with prior written approval of the commissioner, establish and operate one or more separate accounts and issue contracts on a variable basis, subject to the statutory provisions and regulations regarding life insurers establishing such accounts and issuing such contracts. To the extent the society deems it necessary to comply with any applicable federal or state statutes, or any rules issued pursuant thereto, the society may:

(a) Adopt special procedures for the conduct of the business and affairs of a separate account;

(b) Provide, for persons having beneficial interests therein, special voting and other rights, including without limitation special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account; and

(c) Issue contracts on a variable basis to which section 10-14-404 (2) and (4) shall not apply.
C.R.S. § 10-3-1701 — CO Code / Title 10 / Article 3 / Part 17 / Section 10-3-1701
10-3-1701. Definitions
Status: in_force

10-3-1701. Definitions. As used in this part 17, unless the context otherwise requires:

(1) "Asset" means property, whether real, personal, mixed, tangible, or intangible, and any right or interest in the property, including all rights under a contract or other agreement.

(2) "Capital" means the capital stock component of a statutory surplus, as defined in the National Association of Insurance Commissioners' Accounting Practices and Procedures Manual, version effective January 1, 2001, as revised.

(3) (a) "Contract holder" means the owner of an annuity contract.

(b) "Contract holder" does not mean a certificate holder of a group annuity contract or any other covered person thereunder.

(4) "Divide" or "division" means the act by operation of law by which a domestic stock insurer splits into two or more resulting domestic stock insurers in accordance with a plan of division and this part 17.

(5) "Dividing insurer" means a domestic stock insurer that approves a plan of division.

(6) "Domestic stock insurer" means an insurance company that has capital stock and is incorporated under the laws of this state.

(7) "Liability" means any liability or obligation arising in any manner.

(8) "Plan of division" means a plan of division that is approved by a dividing insurer pursuant to section 10-3-1707.

(9) (a) "Policyholder" means the owner of an insurance policy.

(b) "Policyholder" does not mean a certificate holder of a group insurance policy or any other covered person thereunder.

(10) "Resulting insurer" means a dividing domestic stock insurer that survives a division or a new domestic stock insurer that is created by a division.

(11) "Shareholder" means:

(a) A person in whose name shares are registered in the records of a corporation; or

(b) The beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation.

(12) "Surplus" means the total statutory surplus minus capital, calculated in accordance with the National Association of Insurance Commissioners' Accounting Practices and Procedures Manual, version effective January 1, 2001, as revised.

(13) "Transfer" means an assignment; assumption; conveyance; sale; lease; encumbrance, including a mortgage or security interest; gift; or transfer by operation of law.
C.R.S. § 10-18-102 — CO Code / Title 10 / Article 18 / Section 10-18-102
10-18-102. Applicability and scope
Status: in_force

10-18-102. Applicability and scope. (1) Except as otherwise specifically provided, this article shall apply to:

(a) All medicare supplement policies and subscriber contracts delivered or issued for delivery in this state on or after July 1, 1989; and

(b) All certificates issued under group medicare supplement policies or subscriber contracts, which certificates have been delivered or issued for delivery in this state on or after July 1, 1989.

(2) The provisions of this article shall not apply to a policy or contract for employees, former employees, or any combination of employees or former employees or to a policy or contract for members, former members, or any combination of members and former members of labor organizations, which policy or contract is established by one or more employers or labor organizations or the trustees of a fund established by one or more employers or labor organizations or any combination of such employers, labor organizations, or trustees.

(3) The provisions of this article shall not apply to insurance policies or health-care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed as or held out to be medicare supplement policies or benefit plans.
C.R.S. § 10-14-602 — CO Code / Title 10 / Article 14 / Part 6 / Section 10-14-602
10-14-602. Reports
Status: in_force

10-14-602. Reports. Reports shall be filed in accordance with the provisions of this section. Every society transacting business in this state shall annually, on or before the first day of March, file with the commissioner a true statement of its financial condition, transactions, and affairs for the preceding calendar year, unless for cause shown such time has been extended by the commissioner. The statement shall at least include the substance of that which is required by what is known as the convention blank form adopted from year to year by the national association of insurance commissioners for fraternal benefit societies, including any instructions, procedures, and guidelines not in conflict with the provisions of this article, actuarial statements and requirements of reserves in accordance with the statutes of this state applicable to life insurers, and any additional information required by the commissioner.
C.R.S. § 10-1-105 — CO Code / Title 10 / Article 1 / Part 1 / Section 10-1-105
10-1-105. Actuary
Status: in_force

10-1-105. Actuary. The commissioner may maintain in the division an actuary who is experienced, skilled, and fully competent to perform the actuarial duties of the division and to assist in or take charge of examinations of insurance companies under the general direction of the commissioner.
C.R.S. § 10-4-1404 — CO Code / Title 10 / Article 4 / Part 14 / Section 10-4-1404
10-4-1404. Multistate insurance risks - choice of law
Status: in_force

10-4-1404. Multistate insurance risks - choice of law. Where the exempt commercial policyholder operates in more than one state, the policy may include provisions within the insurance contract that determine disputes arising from claims handling and procedures, cancellation of the policy, or nonrenewal of the policy, which disputes shall be governed by the state with the largest percentage of premiums charged under the policy.
C.R.S. § 10-3-241 — CO Code / Title 10 / Article 3 / Part 2 / Section 10-3-241
10-3-241. Prohibited investments
Status: repealed

10-3-241. Prohibited investments. (Repealed)
C.R.S. § 10-7-507 — CO Code / Title 10 / Article 7 / Part 5 / Section 10-7-507
10-7-507. Computation of paid-up annuity nonforfeiture benefit
Status: in_force

10-7-507. Computation of paid-up annuity nonforfeiture benefit. (1) For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the contract is surrendered in exchange for, or changed to, a deferred paid-up annuity, such present value being calculated for the period prior to the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, and increased by any existing additional amounts credited by the company to the contract.

(2) For contracts which do not provide any death benefits prior to the commencement of any annuity payments, such present values shall be calculated on the basis of such interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit. However, in no event shall the present value of a paid-up annuity benefit be less than the minimum nonforfeiture amount at the time of the insured's death.
C.R.S. § 10-4-1801 — CO Code / Title 10 / Article 4 / Part 18 / Section 10-4-1801
10-4-1801. Short title
Status: in_force

10-4-1801. Short title. The short title of this part 18 is the "Fair Access to Insurance Requirements Act" or "FAIR Act".
C.R.S. § 10-16-142 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-142
10-16-142. Physical rehabilitation services - copayments and coinsurance - research
Status: in_force

10-16-142. Physical rehabilitation services - copayments and coinsurance - research. (1) The Colorado commission on affordable health care created in section 25-46-103, C.R.S., shall conduct a study concerning the costs, including patient cost sharing for physical rehabilitation services. The study shall analyze costs to the health-care system, including payers and individual patients, as well as whether patient cost sharing creates barriers to the effective use of physical rehabilitation services.

(2) On or before November 1, 2015, the commission shall report its findings to the health and human services committee of the senate and the public health care and human services committee and the health, insurance, and environment committee of the house of representatives.

(3) For the purposes of this section, "physical rehabilitation services" means physical therapy, occupational therapy, or chiropractic services for the treatment of a person who has sustained an illness, medical condition, or injury, with the goal of returning the person to his or her prior skill and function level or maintaining the person's current skill and function level.
C.R.S. § 10-6-124 — CO Code / Title 10 / Article 6 / Section 10-6-124
10-6-124. Making of rates
Status: repealed

10-6-124. Making of rates. (Repealed)
C.R.S. § 10-7-314 — CO Code / Title 10 / Article 7 / Part 3 / Section 10-7-314
10-7-314. Automatic premium loans
Status: in_force

10-7-314. Automatic premium loans. Nothing in this part 3 shall be construed to prohibit the company from including in its policies a provision for automatic premium loans to prevent premium default.
C.R.S. § 10-16-215 — CO Code / Title 10 / Article 16 / Part 2 / Section 10-16-215
10-16-215. Blanket sickness and accident insurance
Status: in_force

10-16-215. Blanket sickness and accident insurance. (1) Blanket sickness and accident insurance is declared to be that form of sickness and accident insurance covering special groups of not less than ten persons as enumerated under a policy or contract issued:

(a) To any common carrier, which shall be deemed the policyholder, covering a group defined as all persons who are passengers on the common carrier;

(b) To an employer, who shall be deemed the policyholder, covering all workers or any group of workers, dependents, or guests defined by reference to activities or operations of the policyholder;

(c) To a college, school, or other institution of learning or to the head or principal of the college, school, or other institution of learning, who shall be deemed the policyholder, covering students or teachers;

(d) In the name of any volunteer fire department, first aid, civil defense, or other similar volunteer group, which shall be deemed the policyholder, covering all of the members of such department or group defined by reference to activities or operations of the policyholder;

(e) To a sports team or camp or to a sponsor of a sports team or camp, which team, camp, or sponsor shall be deemed the policyholder, covering members, campers, employees, officials, supervisors, or volunteers;

(f) To any religious, charitable, recreational, educational, or civic organization, or branch of any religious, charitable, recreational, educational, or civic organization, which organization shall be deemed the policyholder, covering all members or participants defined by reference to activities or operations of the policyholder;

(g) To a restaurant, hotel, motel, resort, or innkeeper, which shall be deemed the policyholder, covering a group defined as all persons who are patrons or guests of the policyholder;

(h) To any other substantially similar group which, in the discretion of the commissioner, may be subject to the issuance of a blanket sickness and accident policy or contract.

(2) An individual application shall not be required from a person covered under a blanket sickness or accident policy or contract, nor shall it be necessary for the insurer to furnish each person a certificate.

(3) All benefits under any blanket sickness and accident policy shall be payable to the person insured or any such person's agent, or to the designated beneficiary of any such person, or to the estate of any such person; except that, if the person insured is a minor, such benefits may be made payable to the parent, guardian, or other person actually supporting such person.

(4) Nothing in this section relieves an employer from any requirement to obtain coverage under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S. No policy issued under this section may qualify as or substitute for a health benefit plan under federal law. Nothing in this section affects the legal liability of policyholders for the death of or injury to any member of the group. No policy issued under this section may qualify as or substitute for general liability insurance.
C.R.S. § 10-3-127 — CO Code / Title 10 / Article 3 / Part 1 / Section 10-3-127
10-3-127. Domicile of nonprofit hospital, medical-surgical, and health services corporatio
Status: in_force

10-3-127. Domicile of nonprofit hospital, medical-surgical, and health services corporations. (1) A corporation organized under the laws of another state for the purposes set forth in section 10-16-302 may qualify under parts 1 and 3 of article 16 of this title to do business in this state as a nonprofit hospital, medical-surgical, and health services corporation, and upon notice to the commissioner may change its domicile by merger, consolidation, or otherwise under the procedures of section 10-3-125 for insurers. Except as specified in this section, any such corporation shall comply with all provisions of parts 1 and 3 of article 16 of this title with respect to the business of the corporation in this state.

(2) The provisions of sections 10-16-304 (1) and 10-16-305 (1) shall apply to a foreign corporation to the extent such provisions do not conflict with the governing laws of the corporation's domicile.
C.R.S. § 10-4-613 — CO Code / Title 10 / Article 4 / Part 6 / Section 10-4-613
10-4-613. Glass repair and replacement
Status: in_force

10-4-613. Glass repair and replacement. (1) No insurance company, domestic or foreign, or any agent or employee of such a company, shall require or permit that automobile glass repair or replacement work must be performed by a particular facility, individual, or business establishment as a condition of payment of a claim. However, an insurance company may provide that payments for such work shall be limited to a fair competitive price. No insurance company that issues, delivers, or renews such a policy shall fail to pay for the repair or replacement of automobile glass by an insured's chosen vendor, nor shall any such insurance company engage in any act or practice of intimidation, coercion, or threat for or against any insured person or entity to use a particular vendor or location for such glass repair or replacement work. No insurance company shall agree to refund or rebate any applicable deductible or portion thereof as an incentive or inducement to any insured to use a particular vendor or location for glass repair or replacement work. The provisions of this section shall apply to all policies of insurance delivered, issued for delivery, or renewed in this state that cover motor vehicles.

(2) Notwithstanding the provisions of subsection (1) of this section, an insurance company may agree to pay the full cost of glass repair, notwithstanding any applicable deductible.
C.R.S. § 10-16-221 — CO Code / Title 10 / Article 16 / Part 2 / Section 10-16-221
10-16-221. Statewide health care review committee - creation - membership - duties - repeal
Status: repealed

10-16-221. Statewide health care review committee - creation - membership - duties - repeal. (1) The statewide health care review committee is hereby created in order to study health-care issues that affect Colorado residents throughout the state, including the following:

(a) Emerging trends in Colorado health care and their effects on consumers, providers, and payers;

(b) The ability of consumers to obtain and keep adequate, affordable health insurance coverage;

(c) The effect of changes in the way health care is delivered and paid for;

(d) Trends in health-care coverage rates for individuals, employees, and employers and in reimbursement rates for health-care services;

(e) Access to and availability of federal funds and waivers of federal law;

(f) Innovations in health care and health-care coverage;

(g) Health-care issues that arise in or are unique to rural areas of the state;

(h) Access to timely and quality health care and emergency and nonemergency medical transportation;

(i) Options for addressing the needs of uninsured and underinsured populations;

(j) Issues related to the health-care workforce, including network adequacy and the adequacy of access to providers; and

(k) Any other health-care issue affecting Colorado residents that the committee deems necessary to study.

(2) (a) The committee consists of no more than ten members from the house of representatives committees on health and insurance and public health care and human services and the senate committee on health and human services, or their successor committees.

(b) The chair of the house of representatives committee on health and insurance or its successor committee shall chair the committee in odd-numbered years and serve as the vice-chair of the committee in even-numbered years. The chair of the senate committee on health and human services or its successor committee shall chair the committee in even-numbered years and serve as the vice-chair of the committee in odd-numbered years.

(c) The staff of the legislative council and of the office of legislative legal services shall assist the committee in carrying out its duties under this section.

(3) (a) The committee shall meet no more than two times each legislative interim, unless additional meetings are authorized by the executive committee of the legislative council. Of the meetings authorized under this subsection (3), the committee may take up to two field trips per year in connection with its duties mandated under this section.

(b) Repealed.
C.R.S. § 10-2-416.5 — CO Code / Title 10 / Article 2 / Part 4 / Section 10-2-416.5
10-2-416.5. Required availability to commissioner of list of producer appointees for enforce
Status: in_force

10-2-416.5. Required availability to commissioner of list of producer appointees for enforcement purposes. Each insurer shall maintain a current list of producers contractually authorized to accept applications on behalf of the insurer. Each insurer shall make such list available to the commissioner upon reasonable request for purposes of conducting investigations and enforcing the provisions of this title.
C.R.S. § 10-19-113.6 — CO Code / Title 10 / Article 19 / Section 10-19-113.6
10-19-113.6. Producer training requirements
Status: in_force

10-19-113.6. Producer training requirements. (1) (a) An individual may not sell, solicit, or negotiate long-term care insurance unless the individual is licensed as an insurance producer for accident and health or sickness or life insurance and has completed a one-time training course and ongoing training every twenty-four months. The training must meet the requirements set forth in subsection (2) of this section.

(b) The training requirements of subsection (2) of this section may be approved as continuing education courses under section 10-2-301.

(2) (a) The one-time training required by this section shall be no less than sixteen hours, eight hours of which shall consist of long-term care, generally, and eight hours of which shall be specific to long-term care partnerships in a classroom setting. The ongoing training required by this section shall be no less than five hours in a classroom setting.

(b) The training required under paragraph (a) of this subsection (2) shall consist of topics related to long-term care insurance, long-term care services and, if applicable, qualified state long-term care insurance partnership programs, including, but not limited to:

(I) State and federal regulations and requirements and the relationship between qualified state long-term care insurance partnership programs and other public and private coverage of long-term care services, including medicaid;

(II) Available long-term care services and providers;

(III) Changes or improvements in long-term care services or providers;

(IV) Alternatives to the purchase of private long-term care insurance;

(V) The effect of inflation on benefits and the importance of inflation protection; and

(VI) Consumer suitability standards and guidelines.

(c) The training required by this section shall not include training that is insurer- or company product-specific or that includes any sales or marketing information, materials, or training other than those required by state or federal law.

(3) (a) Each insurer subject to this article shall obtain verification that a producer receives training required by paragraph (a) of subsection (1) of this section before the producer is permitted to sell, solicit, or negotiate the insurer's long-term care insurance products. The insurer shall maintain records in accordance with all applicable record retention requirements and shall make the verification available to the commissioner upon request.

(b) Each insurer subject to this article shall maintain records with respect to the training of its producers concerning the distribution of its partnership policies that will allow the division of insurance to provide assurance to the state medicaid agency that producers have received the training contained in subparagraph (I) of paragraph (b) of subsection (2) of this section, as required by paragraph (a) of subsection (1) of this section, and that producers have demonstrated an understanding of the partnership policies and their relationship to public and private coverage of long-term care, including medicaid, in this state. These records shall be maintained in accordance with all applicable record retention requirements and shall be made available to the commissioner upon request.

(4) The satisfaction of these training requirements in any state shall be deemed to satisfy the training requirements in this state.
C.R.S. § 10-4-417 — CO Code / Title 10 / Article 4 / Part 4 / Section 10-4-417
10-4-417. False or misleading information
Status: in_force

10-4-417. False or misleading information. No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer which will affect the rates or premiums chargeable under this part 4.
C.R.S. § 10-16-1201 — CO Code / Title 10 / Article 16 / Part 12 / Section 10-16-1201
10-16-1201. Short title
Status: in_force

10-16-1201. Short title. The short title of this part 12 is the "Health Insurance Affordability Act".
C.R.S. § 10-16-1203 — CO Code / Title 10 / Article 16 / Part 12 / Section 10-16-1203
10-16-1203. Definitions
Status: in_force

10-16-1203. Definitions. As used in this part 12, unless the context otherwise requires:

(1) "Board" means the health insurance affordability board created in section 10-16-1207.

(2) "Children's basic health plan" has the meaning set forth in section 25.5-8-103 (2).

(3) "Enterprise" means the Colorado health insurance affordability enterprise created in section 10-16-1204.

(4) "Federal poverty line" has the same meaning as "poverty line", as defined in 42 U.S.C. sec. 9902 (2).

(5) "Fee" means the health insurance affordability fee established and assessed pursuant to section 10-16-1205.

(6) "Fund" means the health insurance affordability cash fund created in section 10-16-1206.

(7) "Household income" has the same meaning as set forth in 26 U.S.C. sec. 36B (d)(2) of the federal "Internal Revenue Code of 1986", as amended.

(8) "Medicaid" means federal insurance or assistance as provided by Title XIX of the federal "Social Security Act", as amended, and the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5.

(9) "Medicare" means federal insurance or assistance provided by the "Health Insurance for the Aged Act", Title XVIII of the federal "Social Security Act", as amended, 42 U.S.C. sec. 1395 et seq.

(10) "Premium tax credit" means the refundable tax credit available pursuant to the federal act to assist certain individuals in purchasing a health benefit plan on the exchange.

(11) "Public benefit corporation" means a public benefit corporation formed pursuant to part 5 of article 101 of title 7 that is organized and operated by the exchange pursuant to section 10-22-106 (3) for the purpose of administering and operating a subsidy to reduce the costs of health care coverage offered under a state-subsidized individual health coverage plan.

(12) "Qualified individual" means an individual, regardless of immigration status, who:

(a) Is a Colorado resident;

(b) Has a household income of not more than three hundred percent of the federal poverty line; and

(c) Is not eligible for the premium tax credit, medicaid, medicare, or the children's basic health plan.

(13) "Reinsurance program" means the Colorado reinsurance program created in part 11 of this article 16.

(14) "Reinsurance program cash fund" means the reinsurance program cash fund created in section 10-16-1107.

(15) "State-subsidized individual health coverage plan" means a subsidized individual health coverage plan offered by carriers to qualified individuals through the public benefit corporation.
C.R.S. § 10-22.3-102 — CO Code / Title 10 / Article 22.3 / Section 10-22.3-102
10-22.3-102. Repeal of article
Status: repealed

10-22.3-102. Repeal of article. This article 22.3 is repealed, effective September 1, 2026.
C.R.S. § 10-7-103 — CO Code / Title 10 / Article 7 / Part 1 / Section 10-7-103
10-7-103. Life insurance policies - prohibition
Status: in_force

10-7-103. Life insurance policies - prohibition. (1) It is unlawful for any foreign or domestic life insurance company to issue or deliver in this state any life insurance policy if it contains any of the following provisions:

(a) A provision for forfeiture of the policy for failure to repay any loan on the policy, or to pay interest on such loan while the total indebtedness on the policy is less than the loan value thereof, or any provision for forfeiture for failure to repay any such loan or to pay interest thereon, unless such provision contains a stipulation that no such forfeiture shall occur until at least one month after notice has been mailed by the company to the last-known address of the insured and of the assignee, if any;

(b) A provision limiting the time within which any action may be commenced to less than five years after the cause of action accrues;

(c) A provision by which the policy purports to be issued or to take effect more than one year before the original application for the insurance was made, if thereby the assured would rate at an age not more than one year younger than his age at date when application was made, according to his age at nearest birthday.

(2) A life insurance company doing business in Colorado may not refuse to insure, refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely for reasons associated with an applicant's or insured's past or future lawful foreign travel. Nothing in this subsection (2) shall prohibit a life insurer from excluding or limiting coverage of specific lawful travel, or charging a differential rate for such coverage, when bona fide differences in risk or exposure have been substantiated by the use of relevant data from at least one independent reliable source, including statistical or other mathematical analysis of available data that establishes a material variation in actual or reasonably anticipated experience that correlates to the risk of specific lawful travel. Travel advisories issued by the United States department of state shall not qualify as the sole source of data for purposes of this subsection (2). Each insurer shall maintain the data and documents that support any such differences and shall make the data and documents available upon request by the commissioner.

(3) A life insurance company doing business in Colorado shall not deny or alter benefits otherwise available to an individual with a terminal disease based on the availability of medical aid-in-dying pursuant to article 48 of title 25.
C.R.S. § 10-4-631 — CO Code / Title 10 / Article 4 / Part 6 / Section 10-4-631
10-4-631. Insurers to file rate schedule
Status: repealed

10-4-631. Insurers to file rate schedule. (Repealed)
C.R.S. § 10-3-1001 — CO Code / Title 10 / Article 3 / Part 10 / Section 10-3-1001
10-3-1001. Short title
Status: in_force

10-3-1001. Short title. This part 10 shall be known and may be cited as the "Unauthorized Insurers Process Act".
C.R.S. § 10-2-403 — CO Code / Title 10 / Article 2 / Part 4 / Section 10-2-403
10-2-403. Exemption from license examination
Status: in_force

10-2-403. Exemption from license examination. (1) The following applicants shall be exempt from the written examination requirements set forth in section 10-2-402:

(a) An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in this state or another state shall not be required to complete any prelicensing education or examination. This exemption is only available to a nonresident applicant if:

(I) (A) The person is currently licensed in his or her home state for the same line or lines of authority; or

(B) The application is received within twelve months after the cancellation of the applicant's previous license; and

(II) (A) The prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state; or

(B) The state's producer database records, maintained by the national association of insurance commissioners or its affiliates or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.

(b) An individual applicant for a health maintenance organization or nonprofit hospital representative producer license or a travel-ticket-selling insurance producer license to solicit, procure, and deliver accident and health or travel baggage insurance policies offered by a life, casualty, or multiple-line insurer licensed in this state;

(b.5) A person licensed as an insurance producer in another state who moves to this state shall make application within ninety days after establishing legal residence to become a resident licensee pursuant to section 10-2-404. No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state except where the insurance commissioner determines otherwise by regulation.

(c) An individual applicant who holds the designation of chartered life underwriter ("CLU"); except that such individual is not exempt from that portion of the examination pertaining to Colorado laws and rules pertinent to life insurance and health coverage insurance;

(d) An individual applicant who has attained the designation of chartered property and casualty underwriter ("CPCU"); except that such individual is not exempt from taking that portion of the examination pertaining to Colorado laws and rules pertaining to property, casualty, or health coverage;

(e) A nonresident individual applicant who is in compliance with section 10-2-501 (1)(a);

(f) A licensed life insurance producer applicant for a variable contracts license who is in compliance with the qualification requirement in section 10-2-407;

(g) An individual applicant who holds the designation of chartered financial consultant ("ChFC"); except that such individual is not exempt from that portion of the examination pertaining to Colorado laws and rules pertinent to life insurance and health coverage insurance;

(h) An individual applicant who holds the designation of registered health underwriter ("RHU"); except that such individual is not exempt from that portion of the examination pertaining to Colorado laws and rules pertinent to life insurance and health coverage insurance.
C.R.S. § 10-13-114 — CO Code / Title 10 / Article 13 / Section 10-13-114
10-13-114. Laws applicable
Status: in_force

10-13-114. Laws applicable. Except as they may be inconsistent with the provisions of this article, all other provisions of this title shall apply to interinsurance and reciprocal exchanges.
C.R.S. § 10-16-144 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-144
10-16-144. Health-care services provided by pharmacists
Status: in_force

10-16-144. Health-care services provided by pharmacists. (1) Any health benefit plan, except supplemental policies covering a specified disease or other limited benefit, that provides hospital, surgical, or medical expense insurance may provide coverage for health-care services under a specific treatment protocol provided by a pharmacist if:

(a) The pharmacist meets the requirements in part 6 of article 280 of title 12;

(b) The health benefit plan provides coverage for the same service provided by a licensed physician or an advanced practice registered nurse;

(c) The pharmacist is included in the health benefit plan's network of participating providers; and

(d) A reimbursement rate has been successfully negotiated in good faith between the pharmacist and the health plan.

(2) (a) A health benefit plan described in subsection (1) of this section shall provide coverage for health-care services provided by a pharmacist within a health professional shortage area, as defined in 42 U.S.C. sec. 254e, if the conditions specified in subsection (1) of this section are met.

(b) This subsection (2) does not require a carrier to contract with a pharmacy or pharmacist willing to abide by the terms and conditions for participation established by the health benefit plan or carrier.

(3) (a) Notwithstanding the provisions of subsection (1) of this section to the contrary, a health benefit plan described in subsection (1) of this section that provides treatment for substance use disorders shall reimburse a licensed pharmacist acting within the licensed pharmacist's scope of practice, and in accordance with the requirements in part 6 of article 280 of title 12, for the provision of medication-assisted treatment services if the health benefit plan provides coverage for the same services provided by a licensed physician or an advanced practice registered nurse.

(b) A health benefit plan reimbursing a licensed pharmacist pursuant to subsection (3)(a) of this section shall reimburse a licensed pharmacist at the same rate that the health benefit plan reimburses a licensed physician or an advanced practice registered nurse within the health benefit plan's network of participating providers for the same services.
C.R.S. § 10-16-701 — CO Code / Title 10 / Article 16 / Part 7 / Section 10-16-701
10-16-701. Short title
Status: in_force

10-16-701. Short title. This part 7 shall be known and may be cited as the "Consumer Protection Standards Act for the Operation of Managed Care Plans".
C.R.S. § 10-3-1402 — CO Code / Title 10 / Article 3 / Part 14 / Section 10-3-1402
10-3-1402. Purpose
Status: in_force

10-3-1402. Purpose. The purpose of this part 14 is to authorize the commissioner to regulate the formation or operation, or both, of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the federal "Liability Risk Retention Act of 1986", to the extent permitted by such federal law.
C.R.S. § 10-4-110.6 — CO Code / Title 10 / Article 4 / Part 1 / Section 10-4-110.6
10-4-110.6. Homeowner's insurance - definition
Status: in_force

10-4-110.6. Homeowner's insurance - definition. For the purposes of this article, "homeowner's insurance" means insurance that covers damage or loss to all types of homes, including, but not limited to, site-built homes, manufactured homes, factory-built homes, and mobile homes.
C.R.S. § 10-3-238 — CO Code / Title 10 / Article 3 / Part 2 / Section 10-3-238
10-3-238. Refunds
Status: in_force

10-3-238. Refunds. Whenever it appears to the satisfaction of the commissioner that, because of some mistake of fact, error in calculation, or erroneous interpretation of a statute of this or any other state, any insurer or other person engaged in the business of insurance in this state has paid to the commissioner or to the state of Colorado, pursuant to any provision of this title (except article 15) and article 14 of title 24, C.R.S., any taxes, fees, or other charges in excess of the amount legally chargeable against said insurer or other person during the one-year period immediately preceding the discovery of such overpayment, the commissioner has the authority to refund to such insurer or other person the amount of such excess by applying the amount thereof toward the payment of taxes, fees, or other charges already due, or that may thereafter become due, from such insurer or other person until such excess has been fully refunded; or, at the commissioner's discretion, the commissioner may make a cash refund thereof.
C.R.S. § 10-16-110 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-110
10-16-110. Fees paid by health coverage entities
Status: in_force

10-16-110. Fees paid by health coverage entities. (1) (a) There shall be paid to the division of insurance by every corporation subject to the provisions of this part 1 and part 3 of this article such fees as are prescribed pursuant to sections 10-3-207 and 24-31-104.5, C.R.S.

(b) Every nonprofit hospital and health service corporation representative subject to this part 1 and part 3 of this article shall pay to the commissioner the following fees:

(I) For each enrollment representative's initial license, ten dollars;

(II) For each enrollment representative's renewal license, six dollars.

(c) To defray the cost of administering this article, every corporation subject to the provisions of this part 1 and part 3 of this article shall pay annually to the commissioner on March 1 an amount equivalent to five cents per person exceeding ten thousand in number enrolled in the health service plans of such corporation.

(2) (a) Every health maintenance organization subject to this part 1 and part 4 of this article shall pay to the commissioner the fees as prescribed pursuant to sections 10-3-207 and 24-31-104.5, C.R.S.

(b) Every health maintenance organization representative subject to this part 1 and part 4 of this article shall pay to the commissioner the following fees:

(I) For each enrollment representative's initial license, ten dollars;

(II) For each enrollment representative's renewal license, six dollars.

(3) Coincident with the filing of the annual report prescribed by section 10-16-111, each prepaid dental care plan organization subject to this part 1 and part 5 of this article shall pay to the state treasurer through the commissioner fees for transacting a prepaid dental care plan. The fees shall be as prescribed pursuant to sections 10-3-207 and 24-31-104.5, C.R.S.

(4) Notwithstanding the amount specified for any fee in this section, the commissioner by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
C.R.S. § 10-16-1109 — CO Code / Title 10 / Article 16 / Part 11 / Section 10-16-1109
10-16-1109. State innovation waiver - federal funding - Colorado reinsurance program
Status: in_force

10-16-1109. State innovation waiver - federal funding - Colorado reinsurance program. (1) (a) For purposes of implementing and operating the reinsurance program as set forth in this part 11 for plan years starting on or after January 1, 2021, the commissioner may apply to the secretary of the United States department of health and human services for:

(I) In accordance with section 1332 of the federal act, codified at 42 U.S.C. sec. 18052, and 45 CFR 155.1300:

(A) One or more extensions of the initial two-year state innovation waiver received before June 30, 2020, of up to five years per extension; or

(B) A new state innovation waiver of up to five years to follow the initial two-year state innovation waiver approved before June 30, 2020, and subsequent extensions of any new state innovation waiver approved by the secretary;

(II) Federal funds for the reinsurance program; or

(III) A new or extended state innovation waiver and federal funds.

(b) An application for a state innovation waiver or for federal funds must clearly state that operation of the reinsurance program is contingent on approval of the waiver or funding request.

(c) The commissioner shall ensure that a waiver application submitted pursuant to this section complies with the requirements specified in section 1332 of the federal act, codified at 42 U.S.C. sec. 18052, and 45 CFR 155.1308.

(d) The commissioner shall include in a waiver application a request for a pass-through of federal funding in accordance with section 1332 (a)(3) of the federal act, 42 U.S.C. sec. 18052 (a)(3), to allow the state to obtain and use, for purposes of helping fund the reinsurance program, any federal funds that would, absent the waiver, be used to pay advance payment tax credits and cost-sharing reductions authorized under the federal act.

(2) The commissioner shall notify the following in writing of any federal actions regarding the waiver or funding request:

(a) The joint budget committee of the general assembly;

(b) The senate committee on health and human services or any successor committee; and

(c) The house of representatives committees on health and insurance and public health care and human services or any successor committees.
C.R.S. § 10-16-114 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-114
10-16-114. Short title
Status: repealed

10-16-114. Short title. (Repealed)
C.R.S. § 10-2-902 — CO Code / Title 10 / Article 2 / Part 9 / Section 10-2-902
10-2-902. Definitions
Status: in_force

10-2-902. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Controlling person" means any person, firm, association, or corporation that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of the reinsurance intermediary.

(2) "Insurer" means any person, firm, association, or corporation duly licensed in this state pursuant to applicable provisions of the insurance laws as an insurer.

(3) "Licensed producer" means an insurance producer or reinsurance intermediary licensed in this state pursuant to applicable provisions of the insurance laws.

(4) "Reinsurance intermediary" means a reinsurance intermediary-producer as defined in subsection (6) of this section or a reinsurance intermediary-manager as defined in subsection (5) of this section.

(5) "Reinsurance intermediary-manager", referred to in this part 9 as "RM", means any person, firm, association, or corporation that has authority to bind or manages all or part of the assumed reinsurance business of a reinsurer (including the management of a separate division, department, or underwriting office) and acts as an agent for such reinsurer whether known as an RM, manager, or other similar term. Notwithstanding the provisions of this subsection (5), the following persons shall not be considered an RM, with respect to such reinsurer, for the purposes of this part 9:

(a) An employee of the reinsurer;

(b) A United States manager of the United States branch of an alien reinsurer;

(c) An underwriting manager who, pursuant to contract, manages all the reinsurance operations of the reinsurer and who is under common control with the reinsurer subject to the provisions of part 8 of article 3 of this title and whose compensation is not based on the volume of premiums written;

(d) The manager of a group, association, pool, or organization of insurers which engage in joint underwriting or joint reinsurance and are subject to examination by the commissioner or the equivalent insurance regulatory authority of the state in which the manager's principal business office is located.

(6) "Reinsurance intermediary-producer", referred to in this part 9 as "RP", means any person, other than an officer or employee of the ceding insurer, firm, association, or corporation, that solicits, negotiates, or places reinsurance cessions or retrocessions on behalf of a ceding insurer without the authority or power to bind reinsurance on behalf of such insurer.

(7) "Reinsurer" means any person, firm, association, or corporation duly licensed in this state pursuant to the applicable provisions of the insurance laws as an insurer with the authority to assume reinsurance.

(8) "To be in violation" means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with the provisions of this part 9.
C.R.S. § 10-1-208 — CO Code / Title 10 / Article 1 / Part 2 / Section 10-1-208
10-1-208. Informal investigations
Status: repealed

10-1-208. Informal investigations. (Repealed)
C.R.S. § 10-16-1416 — CO Code / Title 10 / Article 16 / Part 14 / Section 10-16-1416
10-16-1416. Repeal of part
Status: repealed

10-16-1416. Repeal of part. This part 14 is repealed, effective September 1, 2031. Before the repeal, the functions of the board are scheduled for review in accordance with section 24-34-104.
C.R.S. § 10-4-637 — CO Code / Title 10 / Article 4 / Part 6 / Section 10-4-637
10-4-637. No discrimination by profession
Status: in_force

10-4-637. No discrimination by profession. Reimbursement for lawfully performed health-care services covered by a policy providing medical payments coverage under a motor vehicle policy issued pursuant to this part 6 shall not be denied when such services are a covered benefit and rendered within the scope of practice for a licensed health-care provider; a massage therapist, as defined in section 12-235-104 (5); an occupational therapist, as defined in section 12-270-104 (9); or an occupational therapy assistant, as defined in section 12-270-104 (11), performing the services.
C.R.S. § 10-16-207 — CO Code / Title 10 / Article 16 / Part 2 / Section 10-16-207
10-16-207. Requirements of other jurisdictions
Status: in_force

10-16-207. Requirements of other jurisdictions. (1) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of part 1 of this article and this part 2 and which is prescribed or required by the law of the state under which the insurer is organized.

(2) Any policy of a domestic insurer, when issued for delivery in any other state or country, may contain any provision permitted or required by the laws of such other state or country.
C.R.S. § 10-4-1005 — CO Code / Title 10 / Article 4 / Part 10 / Section 10-4-1005
10-4-1005. Immunity
Status: in_force

10-4-1005. Immunity. (1) In the case of actions taken under this part 10, and except where information is furnished with knowledge that the information is false or with reckless disregard for its truth or falsity, there may be no civil penalty or damages on the part of, and no claim for relief may be brought against, any person, insurer, or authorized agency or secondary agency for furnishing information or taking other action pursuant to the provisions of this part 10.

(2) Every person, insurer, and authorized agency and secondary agency is immune from civil liability when acting in good faith to cooperate with, furnish evidence to or on behalf of, provide information to, or solicit or receive information from, any of the following with regard to an actual or suspected fraudulent insurance act:

(a) An agency of the federal or any state, county, or municipal government that is involved in the detection, prosecution, or prevention of arson or insurance fraud;

(a.5) Any secondary agency;

(b) Any employee or agent of an agency listed in subsection (2)(a) or (2)(a.5) of this section; and

(c) Another insurer, if acting in accordance with section 10-4-1003 (8)(c) solely for the purpose of detecting, investigating, preventing, or prosecuting an actual or suspected fraudulent insurance act. Information so provided may not be used for underwriting or rating purposes except in connection with an application or policy under which a fraudulent insurance act was committed.

(3) Every person, insurer, and authorized agency and secondary agency is immune from civil liability when acting in good faith to comply with a court order to provide evidence or testimony with regard to an actual or suspected fraudulent insurance act; except that such immunity does not apply to a person or insurer that has committed, or has conspired in or aided and abetted the commission of, such fraudulent insurance act.

(4) The immunity granted by this section shall be in addition to, and not in lieu of, any right, privilege, or immunity available under the common law or any other applicable statute or rule.
C.R.S. § 10-3-228 — CO Code / Title 10 / Article 3 / Part 2 / Section 10-3-228
10-3-228. Collateral loans
Status: in_force

10-3-228. Collateral loans. (1) Domestic insurance companies may invest in collateral loans secured by the pledge of any one or more investments allowed for collateral loans, as provided by nationally recognized insurance statutory accounting principles, subject to the following provisions:

(a) The collateral pledged shall be legally assignable and validly assigned to the lending company.

(b) As at date made, no such loan shall exceed in amount seventy-five percent of the value of the collateral pledged.

(c) At no time shall the admitted value of a collateral loan be in excess of the actual market value of the collateral pledged.

(d) If any of the collateral pledged and taken into account to qualify a loan as an admitted asset under this section is of a category which, if invested in directly, would be subject to a limitation expressed as a percentage of the investing company's admitted assets, then, for the purpose of such limitation, so much of the loan as is so qualified by such collateral will be deemed to be a direct investment in such category.

(e) No loan shall qualify as an admitted asset under this section unless limited to a term not exceeding five years or, if less, the maturity date, if any, of any of the collateral taken into account in qualifying the loan as an admitted asset under this section.
C.R.S. § 10-4-1001 — CO Code / Title 10 / Article 4 / Part 10 / Section 10-4-1001
10-4-1001. Short title
Status: in_force

10-4-1001. Short title. This part 10 shall be known and may be cited as the "Fraudulent Claims and Arson Information Reporting Act".
C.R.S. § 10-2-908 — CO Code / Title 10 / Article 2 / Part 9 / Section 10-2-908
10-2-908. Prohibited acts
Status: in_force

10-2-908. Prohibited acts. (1) The RM shall not:

(a) Bind retrocessions on behalf of the reinsurer; except that the RM may bind facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. Such guidelines shall include a list of reinsurers with which such automatic agreements are in effect, and for each such reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules.

(b) Commit the reinsurer to participate in reinsurance syndicates;

(c) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he is appointed;

(d) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or one percent of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year;

(e) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. If prior approval is given, a report shall be promptly forwarded to the reinsurer.

(f) Jointly employ an individual who is employed by the reinsurer;

(g) Appoint a sub-RM.
C.R.S. § 10-16-108.3 — CO Code / Title 10 / Article 16 / Part 1 / Section 10-16-108.3
10-16-108.3. Continuation privileges - special election period - notice requirements - defini
Status: repealed

10-16-108.3. Continuation privileges - special election period - notice requirements - definitions - repeal. (Repealed)
C.R.S. § 10-4-1004 — CO Code / Title 10 / Article 4 / Part 10 / Section 10-4-1004
10-4-1004. Evidence - confidential
Status: in_force

10-4-1004. Evidence - confidential. (1) Any authorized agency, secondary agency, or insurer which receives any information furnished pursuant to this part 10 shall hold the information in confidence except as provided in section 10-4-1003 (4) or until such time as its release is required pursuant to a civil or criminal proceeding.

(2) Any authorized agency or its agents or employees may be required to testify in any civil or criminal proceeding in which the insurer at interest is named as a party.
C.R.S. § 10-2-418 — CO Code / Title 10 / Article 2 / Part 4 / Section 10-2-418
10-2-418. Bail bonding authority
Status: in_force

10-2-418. Bail bonding authority. (1) The division shall advise state court administrators that a person may furnish a bail bond if the person is a licensed insurance producer with a power of attorney from an insurance company, appears on the division's website as an active insurance producer with casualty authority, and is appointed by that insurance company.

(2) The division shall issue credentials to each insurance producer who is appointed by a bail insurance company that clearly identifies the person as holding authority to act as a bail bond agent.
C.R.S. § 10-12-112 — CO Code / Title 10 / Article 12 / Part 1 / Section 10-12-112
10-12-112. Validation clause
Status: in_force

10-12-112. Validation clause. All transactions, otherwise lawful and not inconsistent with sections 10-12-108 to 10-12-111, are hereby validated as though done pursuant to said sections.
C.R.S. § 10-3-242 — CO Code / Title 10 / Article 3 / Part 2 / Section 10-3-242
10-3-242. Qualified money market funds - definition
Status: in_force

10-3-242. Qualified money market funds - definition. (1) As used in this section, "qualified money market fund" means a mutual fund that complies with 17 CFR 270.2a-7, as amended, and that is registered under the federal "Investment Company Act of 1940", 15 U.S.C. sec. 80a-1 et seq., as amended. A domestic insurance company may invest in the shares of any one or more qualified money market funds subject to the following limitations:

(a) (I) A domestic insurance company may invest in qualified money market funds that, at the time the investment is made, are either:

(A) Qualified money market funds that invest only in obligations issued, guaranteed, or insured by the federal government of the United States or in collateralized repurchase agreements composed of these obligations, and that qualify for investment without a reserve under the purposes and procedures manual of the securities valuation office of the National Association of Insurance Commissioners; or

(B) Qualified money market funds that qualify for investment using the bond class one reserve factor under the purposes and procedures manual of the securities valuation office of the National Association of Insurance Commissioners.

(II) Investments in the shares of any one qualified money market fund qualifying under this subsection (1)(a) must not exceed ten percent of the domestic insurance company's total admitted assets.

(b) Investments in shares of any one qualified money market fund not qualified under subsection (1)(a) of this section must not exceed five percent of the domestic insurance company's total admitted assets. The aggregate value of all shares that may be admitted assets under this subsection (1)(b) must not exceed ten percent of the company's total admitted assets.

(c) At the time of an investment in a qualified money market fund under this section, the aggregate value of a domestic insurance company's investment in the fund must not exceed five percent of the shares of the fund.

(2) to (4) (Deleted by amendment, L. 2000, p. 1731, § 5, effective August 15, 2000.)
C.R.S. § 10-16-205 — CO Code / Title 10 / Article 16 / Part 2 / Section 10-16-205
10-16-205. Order of certain policy provisions in individual policies of sickness and accide
Status: in_force

10-16-205. Order of certain policy provisions in individual policies of sickness and accident insurance. The provisions which are the subject of sections 10-16-202 and 10-16-203, or any corresponding provisions which are used in lieu thereof in accordance with such sections, shall be printed in the consecutive order of the provisions in such sections, or, at the option of the insurer, any such provision may appear as a unit in any part of the policy with other provisions to which it may be logically related, but the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the policy is offered, delivered, or issued.
C.R.S. § 10-7-313.2 — CO Code / Title 10 / Article 7 / Part 3 / Section 10-7-313.2
10-7-313.2. Minimum standards for other coverages including accident and health insurance co
Status: in_force

10-7-313.2. Minimum standards for other coverages including accident and health insurance contracts - rules. The commissioner may promulgate rules prescribing minimum standards applicable to the valuation of plans or products not otherwise included within this article and in conformance with standards as adopted by the NAIC. The commissioner shall promulgate rules containing the minimum standards applicable to the valuation of health plans, including disability, sickness, and accident, issued on or after the operative date of this part 3 and prior to the operative date of the valuation manual. For accident and health insurance contracts issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under section 10-7-101 (2)(a)(IV).