reglab/housing_qa huggingface dataset:
CO Code § 10-3-1005 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 10 - Unauthorized Insurers Process Act|§ 10-3-1005. Attorney Fees

 In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twelve and one-half percent of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars. Failure of an insurer to defend any such action is deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.   History. Source: L. 55: P. 478, § 4. CRS 53: § 72-19-4. C.R.S. 1963: § 72-18-4. History. Source: L. 55: P. 478, § 4. CRS 53: § 72-19-4. C.R.S. 1963: § 72-18-4.    ANNOTATION   For section to apply, policy must be issued or delivered in Colorado. Despite the fact that defendant, an out of state insurance company, was not authorized to do business in Colorado at the time this suit was commenced, it is clear that this statute does not apply where the policy was neither issued nor delivered in this state. Iowa State Travelers Mut. Assurance Co. v. Brown, 29 Colo. App. 458, 485 P.2d 910 (1971).
CO Code § 10-3-1102 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1102. Definitions

 As used in this part 11, unless the context otherwise requires:    “Commissioner” means the commissioner of insurance.    “Insurance policy” or “insurance contract” means any contract of insurance, indemnity, medical or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any person. (2.5) Repealed.    “Person” means any individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyds insurer, nonadmitted insurer, fraternal benefit society, and other legal entities engaged in the insurance business, including agents, limited insurance representatives, agencies, brokers, surplus line brokers, and adjusters. The term also includes medical service plans and hospital service plans regulated under parts 1 and 3 of article 16 of this title 10, health maintenance organizations regulated under parts 1 and 4 of article 16 of this title 10, and multiple employer welfare arrangements operating pursuant to section 10-3-903.5 (7)(d). The plans, arrangements, and organizations shall be deemed to be engaged in the business of insurance for purposes of this part 11 only.     History. Source: L. 73: R&RE, p. 857, § 1. C.R.S. 1963: § 72-14-2. L. 78: (2.5) added, p. 293, § 1, effective July 1. L. 81: (2.5) repealed, p. 577, § 5, effective June 4. L. 84: (3) amended, p. 331, § 1, effective July 1. L. 87: (3) amended, p. 425, § 1, effective May 1. L. 92: (3) amended, p. 1723, § 4, effective July 1. L. 95: (3) amended, p. 491, § 5, effective May 16. L. 2021: (3) amended,(SB 21-063), ch. 467, p. 3363, § 2, effective September 7. History. Source: L. 73: R&RE, p. 857, § 1. C.R.S. 1963: § 72-14-2. L. 78: (2.5) added, p. 293, § 1, effective July 1. L. 81: (2.5) repealed, p. 577, § 5, effective June 4. L. 84: (3) amended, p. 331, § 1, effective July 1. L. 87: (3) amended, p. 425, § 1, effective May 1. L. 92: (3) amended, p. 1723, § 4, effective July 1. L. 95: (3) amended, p. 491, § 5, effective May 16. L. 2021: (3) amended,(SB 21-063), ch. 467, p. 3363, § 2, effective September 7.    Editor's note:   Section 4 of chapter 467 (SB 21-063), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after September 7, 2021.   ANNOTATION   Definition of “insurance policy” or “insurance contract” includes any contract of suretyship. Brighton Sch. Dist. 27J v. Transamerica Premier Ins. Co., 923 P.2d 328 (Colo. App. 1996), aff'd, 940 P.2d 348 (Colo. 1997).
CO Code § 10-3-1103 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1103. Unfair Methods of Competition - Unfair or Deceptive Acts or Practices - Prohibited

 No person shall engage in this state in any trade practice which is defined in this part 11 as, or determined pursuant to section 10-3-1107 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.   History. Source: L. 73: R&RE, p. 858, § 1. C.R.S. 1963: § 72-14-3. History. Source: L. 73: R&RE, p. 858, § 1. C.R.S. 1963: § 72-14-3.
CO Code § 10-3-1105 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1105. Favored Agent or Insurer - Coercion of Debtors

  No person may:   Require, as a condition precedent to the lending of money, or extension of credit, or to entering into any lease transaction, or any renewal of any of them, that the person to whom such money or credit is extended, or the lessee, or the person whose obligation the creditor is to acquire or finance negotiate any policy or contract of insurance through a particular insurer or group of insurers or agent or broker or group of agents or brokers;    Unreasonably disapprove the insurance policy provided by a borrower or lessee for the protection of the property securing the credit, or lien, or which is the subject of the lease. For the purposes of this paragraph (b), disapproval shall be deemed unreasonable if it is not based solely on reasonable standards uniformly applied, relating to the extent of coverage required and the financial soundness and the services of an insurer. Such standards shall not discriminate against any particular type of insurer, nor shall such standards call for the disapproval of an insurance policy because such policy contains coverage in addition to that required; or    Require directly or indirectly that any borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge in connection with the handling of any insurance policy required as security for a loan on real estate, or pay a separate charge to substitute the insurance policy of one insurer for that of another. The provisions of this paragraph (c) shall not apply to the interest which may be charged on premium loans or premium advancements in accordance with the security instrument.       The commissioner may investigate the affairs of any person to whom this section applies to determine whether such person has violated the provisions of this section. If a violation of this section is found, the person in violation shall be subject to the same procedures and penalties as are applicable to other provisions of this part 11.    For the purposes of this section, “person” includes any individual, corporation, association, partnership, or other legal entity.     History. Source: L. 73: R&RE, p. 861, § 1. C.R.S. 1963: § 72-14-5. L. 85: (1)(a) and (1)(b) amended, p. 302, § 13, effective May 10. History. Source: L. 73: R&RE, p. 861, § 1. C.R.S. 1963: § 72-14-5. L. 85: (1)(a) and (1)(b) amended, p. 302, § 13, effective May 10.    ANNOTATION   Conduct held not to be unreasonable under subsection (1)(b). Iowa Nat. Mut. Ins. Co. v. Cent. Mortg. & Inv., 708 P.2d 480 (Colo. App. 1985).
CO Code § 10-3-1106 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1106. Power of Commissioner

 The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by this part 11.   History. Source: L. 73: R&RE, p. 861, § 1. C.R.S. 1963: § 72-14-6. History. Source: L. 73: R&RE, p. 861, § 1. C.R.S. 1963: § 72-14-6.    ANNOTATION   Annotator's note. Since § 10-3-1106 is similar to repealed § 72-15-5, CRS 53, a relevant case construing that provision has been included in the annotations to this section. Annotator's note. Since § 10-3-1106 is similar to repealed § 72-15-5, CRS 53, a relevant case construing that provision has been included in the annotations to this section.   No provision is made for initiation of suit before commissioner. This article makes no provisions for unfair competition suits to be initiated before the Colorado commissioner of insurance. Atlantic & Pac. Ins. Co. v. Combined Ins. Co. of Am., 312 F.2d 513 (10th Cir. 1962).   Federal district courts still have unfair competition jurisdiction. This section does not remove unfair competition suits involving insurance companies from the jurisdiction of federal district courts in Colorado. Atlantic & Pac. Ins. Co. v. Combined Ins. Co. of Am., 312 F.2d 513 (10th Cir. 1962).   Applied in Farmers Group, Inc. v. Trimble, 658 P.2d 1370 (Colo. App. 1982), aff'd, 691 P.2d 1138 (Colo. 1984).
CO Code § 10-3-1107 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1107. Hearings

 Whenever the commissioner has reason to believe that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice, whether defined or reasonably implied in this part 11, or has violated any other provision of this title or any rule or lawful order of the commissioner and that a proceeding by the commissioner in respect thereto would be to the interest of the public, the commissioner shall proceed as provided in article 4 of title 24, C.R.S. Any final action by the commissioner pursuant to this section shall be subject to judicial review by the court of appeals pursuant to section 24-4-106 (11) , C.R.S.   History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-7. L. 92: Entire section amended, p. 1556, § 53, effective May 20. L. 97: Entire section amended, p. 1077, § 3, effective July 1. History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-7. L. 92: Entire section amended, p. 1556, § 53, effective May 20. L. 97: Entire section amended, p. 1077, § 3, effective July 1.    ANNOTATION   Provision is made in this section only for hearings to be commenced by the commissioner, and then apparently only in matters affecting the public generally. Atlantic & Pac. Ins. Co. v. Combined Ins. Co. of Am., 312 F.2d 513 (10th Cir. 1962) (decided under repealed § 72-15-6, CRS 53). Provision is made in this section only for hearings to be commenced by the commissioner, and then apparently only in matters affecting the public generally. Atlantic & Pac. Ins. Co. v. Combined Ins. Co. of Am., 312 F.2d 513 (10th Cir. 1962) (decided under repealed § 72-15-6, CRS 53).
CO Code § 10-3-1109 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1109. Penalty for Violation of Cease-and-Desist Orders

  Any person who violates a cease-and-desist order of the commissioner issued under section 10-3-1108, and while such order is in effect, may, after notice and hearing and upon order of the commissioner, be subject, at the discretion of the commissioner, to any one or more of the following:   A monetary penalty of not more than ten thousand dollars for each and every act or violation of an insurer; or a monetary penalty of not more than five hundred dollars for each and every act or violation of an individual;    Suspension or revocation of such person's license.        History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-9. History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-9.
CO Code § 10-3-1111 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1111. Provisions of Part 11 Additional to Existing Law

 The powers vested in the commissioner by this part 11 shall be additional to any other powers to enforce any monetary or other penalties or forfeitures authorized by law with respect to the methods, acts, and practices declared in this part 11 to be unfair or deceptive.   History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-11. History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-11.    ANNOTATION   Applied in Farmers Group, Inc. v. Trimble, 658 P.2d 1370 (Colo. App. 1982), aff'd, 691 P.2d 1138 (Colo. 1984).
CO Code § 10-3-1112 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1112. Immunity From Prosecution

  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 him may tend to incriminate him or subject him to a penalty or forfeiture and, notwithstanding, is directed to give such testimony or produce such evidence, he must comply with such direction; but he shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence pursuant thereto; and no testimony so given or evidence so produced shall be received against him upon any criminal action, investigation, or proceeding. No such individual so testifying may be exempt from prosecution or punishment for perjury in the first degree committed by him while so testifying, and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation, or proceeding concerning such perjury; nor may he be exempt from the refusal, revocation, or suspension of any license, permission, or authority conferred, or to be conferred, pursuant to the insurance law of this state.    Any such individual may execute, acknowledge, and file in the office of the commissioner a statement expressly waiving such immunity or privilege in 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 otherwise, and if so received or produced such individual shall not be entitled to any immunity or privilege on account of any testimony he may so give or evidence so produced.     History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-12. History. Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-12.
CO Code § 10-3-1114 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1114. Construction of Part 11

 Except as provided in sections 10-3-1115 and 10-3-1116 , nothing in this part 11 shall be construed to create a private cause of action based on alleged violations of this part 11 or to abrogate any common law contract or tort cause of action.   History. Source: L. 87: Entire section added, p. 424, § 1, effective July 1. L. 2008: Entire section amended, p. 2172, § 4, effective August 5.    ANNOTATION   Law reviews. For article, “1988 Update on Colorado Tort Reform Legislation -- Part II”, see 17 Colo. Law. 1949 (1988).   This section does not limit the application of the filed rate doctrine, which precludes a refund of premiums as damages in an action against an insurer. Maxwell v. United Servs. Auto. Ass'n, 2014 COA 2 , 342 P.3d 474.
CO Code § 10-3-1117 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1117. Required Disclosures - Liability - Definition

  Not more than thirty calendar days after receiving a written request from an insured party, an insurer that issues a commercial automobile or personal automobile policy of insurance for delivery in this state shall provide to the insured party a copy of the complete policy of insurance, including any endorsements.      Each insurer that provides or may provide commercial automobile or personal automobile liability insurance coverage to pay all or a portion of a pending or prospective claim shall provide to the claimant or the claimant's attorney via mail, facsimile, or electronic delivery, within thirty calendar days after receiving a written request from the claimant or the claimant's attorney, which request is sent to the insurer's registered agent, a statement setting forth the following information with regard to each known policy of insurance of the named insured, including excess or umbrella insurance, that is or may be relevant to the claim:   The name of the insurer;    The name of each insured party, as the name appears on the declarations page of the policy;    The limits of the liability coverage; and    A copy of the policy.       An insured party, upon written request of a claimant or a claimant's attorney, shall disclose to the claimant or claimant's attorney the name and coverage of each known insurer of the insured party.       An insurer that violates this section is liable to the requesting claimant for damages in an amount of one hundred dollars per day, beginning on and including the thirty-first day following the receipt of the claimant's written request. The penalty accrues until the insurer provides the information required by this section. An insurer that fails to make a disclosure required by this section is also responsible for attorney fees and costs incurred by a claimant in enforcing the penalty.    The claimant and any attorney of the claimant shall not disclose to any party the information described in subsection (2)(a) of this section; except that the claimant and an attorney of the claimant may discuss the information with the claimant's insurer.    As used in this section, unless the context otherwise requires, “claimant” means a person that has provided notice to an insurer of a potential claim.      History. Source: L. 2019: Entire section added,(HB 19-1283), ch. 250, p. 2427, § 2, effective January 1, 2020.
CO Code § 10-3-1118 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 11 - Unfair Competition - Deceptive Practices|§ 10-3-1118. Failure-to-Cooperate Defense

  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:   The insurer has submitted a written request to the insured or the insured's representative for the information the insurer seeks via:   Electronic means if the insured or the insured's representative has consented to receive electronic documents from the insurer; or    Certified mail;       The information is not available to the insurer without the assistance of the insured;    The written request provides the insured sixty days to respond;    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    The insurer gives the insured an opportunity to cure, which must:   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    Allow the insured sixty days after receipt of the written notice to cure the alleged failure to cooperate.          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.    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.    Any language in a first-party policy that conflicts with this section is void as against the public policy of Colorado.    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:   To respond to the insurer's written request as specified under subsection (1)(c) of this section; and    To cure the alleged failure to cooperate as specified under subsection (1)(e) of this section.        History. Source: L. 2020: Entire section added,(HB 20-1290), ch. 229, p. 1116, § 1, effective September 14.
CO Code § 10-3-1201 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 12 - Systems for Holding and Transferring Securities|§ 10-3-1201. Legislative Declaration

 The purpose of section 10-3-210 (2) and this part 12 is to authorize domestic insurance companies to utilize modern systems for holding and transferring securities without physical delivery of securities certificates, subject to appropriate regulations of the commissioner.   History. Source: L. 83: Entire part added, p. 451, § 2, effective May 3.
CO Code § 10-3-1202 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 3 - Regulation of Insurance Companies|Part 12 - Systems for Holding and Transferring Securities|§ 10-3-1202. Definitions

 As used in this part 12, unless the context otherwise requires:    “Clearing corporation” has the meaning ascribed to it in section 4-8-102   5, C.R.S.; except that, with respect to a security issued by an institution organized or existing under the laws of any foreign country or a security used to meet the deposit requirements pursuant to the laws of a foreign country as a condition of doing business therein, “clearing corporation” includes a corporation which is organized or existing under the laws of any foreign country and which is legally qualified under such laws to effect transactions in securities by computerized book-entry.       “Direct participant” means a bank or trust company or other institution which maintains an account in its name in a clearing corporation and through which an insurance company participates in a clearing corporation.    “Federal reserve book-entry system” means the computerized system sponsored by the United States department of the treasury and certain agencies and instrumentalities of the United States for holding and transferring securities of the United States government and such agencies and instrumentalities, respectively, in federal reserve banks through banks which are members of the federal reserve system or which otherwise have access to such computerized system.    “Member bank” means a national bank, state bank, or trust company which is a member of the federal reserve system and through which an insurance company participates in the federal reserve book-entry system.    “Security” has any of the meanings specified in section 4-8-102   15, C.R.S.        History. Source: L. 83: Entire part added, p. 451, § 2, effective May 3. L. 96: (1) and (5) amended, p. 245, § 22, effective July 1.