reglab/housing_qa huggingface dataset:
CO Code § 10-1-142 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 1 - General Provisions|§ 10-1-142. Prohibition on Denial of Coverage or Increase in Premiums of Insurance for Living Organ Donors - Commissioner to Enforce - Short Title - Definitions

  The short title of this section is the “Living Donor Protection Act of 2019”.    Notwithstanding any other law, a person subject to regulation by the division pursuant to this title 10 shall not:   Decline or limit coverage of a person under a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance due to the status of the person as a living organ donor;    Preclude a person from donating all or part of an organ as a condition of receiving a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance;    Consider the status of a person as a living organ donor in determining the premium rate for coverage of the person under a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance; or    Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance for a person based solely and without any additional actuarial risks upon the status of the person as a living organ donor.       The commissioner may use any of the commissioner's enforcement powers to obtain a person's compliance with this section.      The division shall provide information to the public on the access of a living organ donor to insurance as specified in this section. If the division receives materials related to live organ donation from a recognized live organ donation organization, the division shall make the materials available to the public.    If the department of public health and environment receives materials related to live organ donation from a recognized live organ donation organization, the department of public health and environment shall make the materials available to the public.    The division and the department of public health and environment may seek and accept gifts, grants, or donations from private or public sources for the purposes of this subsection (4).       As used in this section:   “Disability income insurance” means a contract under which an entity promises to pay a person a sum of money in the event that an illness or injury resulting in a disability prevents the person from working.    “Health insurance” means a health benefit plan as defined in section 10-16-102 (32).    “Life insurance” has the same meaning as set forth in section 10-7-301.5 (5).    “Living organ donor” means a living person who has donated all or part of an organ.    “Long-term care insurance” has the same meaning as set forth in section 10-19-103 (5).         History. Source: L. 2019: Entire section added,(HB 19-1253), ch. 367, p. 3368, § 1, effective August 2.
CO Code § 10-1-201 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 2 - Examinations|§ 10-1-201. Legislative Declaration

 The general assembly finds, determines, and declares that it is necessary to establish an effective and efficient system for examining the activities, operations, financial conditions, and affairs of all persons transacting the business of insurance in this state and all persons otherwise subject to the jurisdiction of the commissioner. The provisions of this part 2 are intended to enable the commissioner to adopt a flexible system of examinations that directs resources as may be deemed appropriate and necessary for the administration of the insurance and insurance-related laws of this state.   History. Source: L. 2003: Entire article RC&RE, p. 605, § 1, effective July 1.    Editor's note:   This section is similar to former § 10-1-201 as it existed prior to 2002.
CO Code § 10-1-202 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 2 - Examinations|§ 10-1-202. Definitions

 As used in this part 2, unless the context otherwise requires:    “Company” means any person or group of persons engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to any administrative, regulatory, or taxing authority of the commissioner as well as any advisory organization or rating organization as defined in section 10-4-402.    “Examination” means a formal financial examination, as well as informal examinations, conducted by the commissioner for the purpose of determining compliance with the law.    “Examiner” means any individual or firm authorized by the commissioner to conduct an examination under this part 2.    “Informal examination” means all inquiries by the division into the financial condition of a company, other than the formal financial examination of a company that must be conducted once every five years pursuant to section 10-1-203 (1).    “Insurance department” means the commissioner or other government official or agency of a state other than Colorado exercising powers and duties substantially equivalent to those of the commissioner or the division.    “Insurer” means any person, firm, corporation, association, or aggregation of persons doing an insurance business and subject to the insurance supervisory authority of, or to liquidation, rehabilitation, reorganization, or conservation by, the commissioner or any equivalent insurance supervisory official of another state.    “NAIC” or “national association of insurance commissioners” means the organization of insurance regulators from the fifty states, the District of Columbia, and the four United States territories.    “Person” means any individual, aggregation of individuals, trust, association, partnership, or corporation, or any agent or affiliate thereof.     History. Source: L. 2003: Entire article RC&RE, p. 605, § 1, effective July 1. L. 2006: (1.5), (1.7), and (8) to (19) added and (7) amended, p. 960, § 3, effective January 1, 2007. L. 2017: Entire section amended,(HB 17-1231), ch. 284, p. 1553, § 2, effective January 1, 2018.    Editor's note:   This section is similar to former § 10-1-202 as it existed prior to 2002.   Cross references:   For the legislative declaration contained in the 2006 act enacting subsections (1.5), (1.7), and (8) to (19) and amending subsection (7), see section 1 of chapter 211, Session Laws of Colorado 2006.
CO Code § 10-1-206 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 2 - Examinations|§ 10-1-206. Conflict of Interest

  No examiner may be appointed by the commissioner if such examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under this part 2; except that this section shall not be construed to automatically preclude an examiner from being:   A policyholder or claimant under an insurance policy;    A grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;    An investment owner in shares of regulated diversified investment companies; or    A settlor or beneficiary of a “blind trust” into which any otherwise impermissible holdings have been placed.       Notwithstanding any provision of this section to the contrary, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions even though such persons may from time to time be similarly employed or retained by persons subject to examination under this part 2.     History. Source: L. 2003: Entire article RC&RE, p. 612, § 1, effective July 1.    Editor's note:   This section is similar to former § 10-1-206 as it existed prior to 2002.
CO Code § 10-1-207 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 2 - Examinations|§ 10-1-207. Immunity From Liability - Prohibited Activity

  No cause of action shall arise, nor shall any liability be imposed, against the commissioner, the commissioner's authorized representatives, or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this part 2.    No cause of action shall arise, nor shall any liability be imposed, against any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner pursuant to an examination made under this part 2, if such act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.    This section does not abrogate or modify in any way any common-law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (1) of this section.    A person identified in subsection (1) of this section shall be entitled to an award of attorney fees and costs if such person is the prevailing party in a civil action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this part 2 and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding is “substantially justified” if it had a reasonable basis in law or fact at the time that it was initiated.    An insurer shall not take any retaliatory personnel action against an employee because the employee provides information to or testifies before the commissioner conducting an examination into the practices of the company.      An employee who has been the subject of a retaliatory personnel action in violation of subsection (5) of this section may institute a civil action in a court of competent jurisdiction for relief within one year after the date of the alleged retaliatory action.    A court of competent jurisdiction may order relief as follows:   Reinstatement of the employee to the same position held before the retaliatory personnel action or an equivalent position;    Reinstatement of full benefits and seniority rights; and    Compensation for lost wages and benefits.       Upon a determination that an insurer has taken a retaliatory personnel action, the court may award costs of the action together with reasonable attorney fees.         History. Source: L. 2003: Entire article RC&RE, p. 613, § 1, effective July 1. L. 2006: (5) and (6) added, p. 971, § 5, effective January 1, 2007. L. 2017: (5) amended,(HB 17-1231), ch. 284, p. 1560, § 6, effective January 1, 2018.    Editor's note:   This section is similar to former § 10-1-207 as it existed prior to 2002.   Cross references:   For the legislative declaration contained in the 2006 act enacting subsections (5) and (6), see section 1 of chapter 211, Session Laws of Colorado 2006.
CO Code § 10-1-217 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 2 - Examinations|§ 10-1-217. Coordination With Other States Through Naic

 The commissioner shall share information and coordinate the division's examination efforts with other states through the NAIC.   History. Source: L. 2006: Entire section added, p. 971, § 4, effective January 1, 2007. L. 2017: Entire section amended,(HB 17-1231), ch. 284, p. 1560, § 8, effective January 1, 2018.    Cross references:   For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 211, Session Laws of Colorado 2006.
CO Code § 10-1-218 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 2 - Examinations|§ 10-1-218. Additional Duties of Commissioner

  Repealed.      The commissioner shall designate a specific person or persons within the division whose responsibilities shall include the receipt of information from employees of insurers and licensed entities concerning violations of laws or rules by insurers. The designated person or persons shall be provided with proper training on the handling of the information, including procedures to maintain the confidentiality of the communication for purposes of this section.    The information received pursuant to this subsection (2) is a confidential communication and is not public information.         History. Source: L. 2006: Entire section added, p. 971, § 4, effective January 1, 2007. L. 2017: (1) repealed,(HB 17-1231), ch. 284, p. 1560, § 9, effective January 1, 2018.    Cross references:   For the legislative declaration contained in the 2006 act enacting this section, see section 1 of chapter 211, Session Laws of Colorado 2006.
CO Code § 10-1-301 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 3 - Market Conduct|§ 10-1-301. Legislative Declaration

 The general assembly finds, determines, and declares that it is necessary to establish an effective and efficient system for reviewing, evaluating, and analyzing the activities, operations, and affairs of all persons transacting the business of insurance in this state and all persons otherwise subject to the jurisdiction of the commissioner. This part 3 is intended to enable the commissioner to adopt a flexible system of review, evaluation, and analysis that directs resources as may be deemed appropriate and necessary for the administration of the insurance and insurance-related laws of this state.   History. Source: L. 2017: Entire part added,(HB 17-1231), ch. 284, p. 1560, § 10, effective January 1, 2018.
CO Code § 10-1-303 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 3 - Market Conduct|§ 10-1-303. Market Analysis - Market Conduct Surveillance

  The commissioner may perform market analysis by gathering and analyzing information from data currently available to the commissioner, information from surveys, data calls, or reports that are submitted regularly to the commissioner, information collected by the NAIC, and information from a variety of other sources in both the public and private sectors in order to develop a baseline understanding of the marketplace and to identify for further review companies or practices that deviate from the norm or that may pose a potential risk to the insurance consumer. The commissioner shall use the Market Regulation Handbook as a guide in performing the market analysis.      If the commissioner determines that further inquiry into a particular company or practice is needed, the commissioner may consider the continuum of other types of market conduct surveillance as specified in this subsection (2)(a). The commissioner shall inform the company in writing of the type of market conduct surveillance selected if it involves company participation or response. The types of market conduct surveillance include:   Correspondence with the company;    Company interviews;    Information gathering;    Policy and procedure reviews;    Interrogatories;    Review of company self-evaluations and voluntary compliance programs;    Self-audits; and    Market conduct examinations.         The commissioner shall take steps reasonably necessary to eliminate requests for information that duplicate information provided as part of a company's financial statement, the NAIC's market conduct annual statement, or other required surveys, data calls, or reports that are submitted regularly to the commissioner. (b) (I) The commissioner shall take steps reasonably necessary to eliminate requests for information that duplicate information provided as part of a company's financial statement, the NAIC's market conduct annual statement, or other required surveys, data calls, or reports that are submitted regularly to the commissioner.    The commissioner may coordinate the market conduct surveillance and findings of this state with market conduct surveillance and findings of other states.          Nothing in this section requires the commissioner to conduct market analysis prior to initiating any other type of market conduct surveillance.     History. Source: L. 2017: Entire part added,(HB 17-1231), ch. 284, p. 1562, § 10, effective January 1, 2018.
CO Code § 10-1-306 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 3 - Market Conduct|§ 10-1-306. Market Conduct Surveillance Personnel

  Market conduct surveillance personnel must be qualified by education, experience, and, where applicable, professional designations. The commissioner may supplement the in-house market conduct surveillance staff with qualified outside professional assistance if the commissioner determines that outside assistance is necessary.    The commissioner shall not appoint market conduct surveillance personnel who, either directly or indirectly, have a conflict of interest or are affiliated with the management of or own a pecuniary interest in any person subject to any type of market conduct surveillance under this part 3; except that this section does not preclude market conduct surveillance personnel from being:   A policyholder or claimant under an insurance policy;    A grantor of a mortgage or similar instrument on the market conduct surveillance employee's residence to a regulated entity if done under customary terms and in the ordinary course of business;    An investment owner in shares of regulated diversified investment companies; or    A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.       Notwithstanding any provision of this section to the contrary, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or similar individuals who are independently practicing their professions even though those individuals may from time to time be similarly employed or retained by companies subject to market conduct surveillance under this part 3.     History. Source: L. 2017: Entire part added,(HB 17-1231), ch. 284, p. 1569, § 10, effective January 1, 2018.
CO Code § 10-1-307 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 3 - Market Conduct|§ 10-1-307. Immunity From Liability - Prohibited Activity

  A cause of action does not arise, and liability shall not be imposed, against the commissioner, the commissioner's authorized representatives, or any market conduct surveillance personnel employed or appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this part 3.    A cause of action does not arise, and liability shall not be imposed, against any person for communicating or delivering information or data to the commissioner, the commissioner's authorized representative, or any market conduct surveillance personnel pursuant to a market conduct surveillance performed under this part 3, if the communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.    This section does not abrogate or modify any common-law or statutory privilege or immunity enjoyed by any person identified in subsection (1) of this section.    A person identified in subsection (1) of this section is entitled to an award of attorney fees and costs if the person is the prevailing party in a civil action for libel, slander, or any other relevant tort arising out of activities in carrying out the provisions of this part 3, and the party bringing the action was not substantially justified in bringing the action. For purposes of this section, a proceeding is “substantially justified” if it had a reasonable basis in law or fact at the time that it was initiated.      A company shall not take any retaliatory personnel action against an employee because the employee provides information pursuant to any type of market conduct surveillance examining the practices of the company.    An employee who has been the subject of a retaliatory personnel action in violation of subsection (5)(a) of this section may institute a civil action in a court of competent jurisdiction for relief within one year after learning of the alleged retaliatory action.    A court of competent jurisdiction may order relief as follows:   Reinstatement of the employee to the same position held before the retaliatory personnel action or to an equivalent position;    Reinstatement of full benefits and seniority rights; and    Compensation for lost wages and benefits.       Upon a determination that a company has taken a retaliatory personnel action, the court may award costs of the action together with reasonable attorney fees.         History. Source: L. 2017: Entire part added,(HB 17-1231), ch. 284, p. 1570, § 10, effective January 1, 2018.
CO Code § 10-1-308 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 3 - Market Conduct|§ 10-1-308. Rules

 In accordance with article 4 of title 24, the commissioner may promulgate reasonable rules that are necessary or proper for implementing and administering this part 3, including rules necessary to align state law with the requirements for accreditation set forth by the NAIC.   History. Source: L. 2017: Entire part added,(HB 17-1231), ch. 284, p. 1571, § 10, effective January 1, 2018.
CO Code § 10-1-310 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 1 - General Provisions|Part 3 - Market Conduct|§ 10-1-310. Fines and Penalties

  As a result of any market conduct surveillance, the commissioner may order a monetary penalty of up to three thousand dollars for every act in violation of any law, rule, or prior lawful order of the commissioner, not to exceed an aggregate penalty of thirty thousand dollars for every act or violation. If the company knew or reasonably should have known that its conduct was in violation of any law, rule, or prior lawful order of the commissioner, the commissioner may order a penalty of up to thirty thousand dollars for every act or violation, not to exceed an aggregate penalty of two hundred thousand dollars in any one calendar year.    The commissioner shall ensure that fines and penalties levied as a result of market conduct surveillance or other action enforcing this part 3 are consistent, reasonable, and justified. Every fine or penalty must relate to the general business practices and compliance activities of insurers and not to clearly infrequent or unintentional random errors that do not cause significant consumer harm.    When determining the appropriate civil penalty for a company and whether to stay any portion of the civil penalty, the commissioner shall consider:   Actions taken by the company to maintain membership in, and comply with the standards of, best-practice organizations that promote high ethical standards of conduct in the marketplace;    The extent to which the company maintains regulatory compliance programs to self-assess, self-report, and remediate problems detected; and    Regulatory compliance programs or corrective actions that a company has instituted voluntarily prior to or during the pendency of any market conduct surveillance in order to remedy violations.       If the commissioner stays any portion of the civil penalty, the commissioner may reinstate the full civil penalty, and may impose additional penalties, if the company fails to remedy the violations.    The commissioner shall include in the final agency order the civil penalty amount per violation for every act in violation of any law, rule, or prior lawful order of the commissioner.     History. Source: L. 2017: (2) amended,(SB 17-249), ch. 283, p. 1544, § 4, effective September 1; entire part added,(HB 17-1231), ch. 284, p. 1573, § 10, effective January 1, 2018.