reglab/housing_qa huggingface dataset:
CO Code § 10-4-412 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 10-4-412. Assigned Risk Motor Vehicle Insurance

  The commissioner may, after consultation with the insurers licensed to write motor vehicle insurance in this state, establish or approve a reasonable plan, and rules governing the same, for the equitable apportionment among such insurers of applicants for such insurance who are in good faith entitled to but are unable to procure insurance through ordinary methods, and, when such plan has been approved, all such insurers shall subscribe thereto and shall participate therein. Any applicant for such insurance, any person insured under such plan, and any insurer affected may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate such plan.    If an insurer admitted to transact motor vehicle insurance fails to subscribe to the plan or to any amendments thereto or fails to comply with the rules of the plan, the commissioner shall give ten days' written notice to such insurer to so subscribe or so comply. If such insurer fails to comply with such notice, the commissioner, after hearing, may suspend the certificate of authority of such insurer to transact insurance business in this state until such insurer so complies.     History. Source: L. 79: Entire part R&RE, p. 371, § 8, effective July 1.    Editor's note:   This section is similar to former § 10-4-316 as it existed prior to 1979.
CO Code § 10-4-413 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 10-4-413. Records Required to Be Maintained

  Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records, of the type and kind reasonably adapted to its method of operation, of its experience or the experience of its members and of the data, statistics, or information collected or used by it in connection with the rates, rating plans, rating systems, underwriting rules, policy or bond forms, surveys, or inspections made or used by it, so that such records will be available at all reasonable times to enable the commissioner to determine whether such organization, insurer, group, or association and, in the case of an insurer or rating organization, every rate, rating plan, and rating system made or used by it complies with the provisions of this part 4 applicable to it. The maintenance of such records in the office of a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this section for any insurer maintaining membership or subscribership in such organization to the extent that the insurer uses the rates, rating plans, rating systems, or underwriting rules of such organization. Such records shall be maintained in an office within this state or shall be made available for examination or inspection by the commissioner at any time, upon reasonable notice.    All records of any such organization or individual insurer dealing with workers' compensation and employer's liability insurance incidental thereto and written in connection therewith shall be subject to the requirements of article 44 of title 8, C.R.S., concerning the filing of its system of rates.     History. Source: L. 79: Entire part R&RE, p. 371, § 8, effective July 1. L. 90: (2) amended, p. 558, § 16, effective July 1.
CO Code § 10-4-414 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 10-4-414. Examinations

  Repealed.    The commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which the provisions of this part 4 are applicable to ascertain whether such insurer and every rate and rating system used by it for every such class of insurance complies with the requirements and standards of this title applicable thereto. Such examination need not be a part of a periodic general examination participated in by representatives of more than one state.    The officers, managers, agents, and employees of any such organization, group, association, or insurer may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation, together with all data, statistics, and information of every kind and character collected or considered by such organization, group, association, or insurer in the conduct of the operations to which such examination relates.    The commissioner may conduct such examination on the basis of concern for an insurer's solvency or the complaint of a person claiming to be aggrieved or to ascertain compliance by insurers and rating organizations with the requirements of this part 4.    Filed reports on examinations shall be available for public inspection at the division of insurance.    This section shall not apply to insurers providing coverage for exempt commercial policyholders, as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section.     History. Source: L. 79: Entire part R&RE, p. 372, § 8, effective July 1. L. 99: (6) added, p. 387, § 5, effective January 15, 2000. L. 2004: (1) repealed, p. 1063, § 13, effective July 1.    Editor's note:   This section is similar to former § 10-4-313 as it existed prior to 1979.
CO Code § 10-4-416 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 10-4-416. Prohibiting Changes in Rates or Coverages

 In any case involving insurance subject to this part 4 on which an insured has prepaid a premium for the issuance of a policy of insurance for a specified policy period, the insurer shall not increase unilaterally, during said policy period, the rate charged nor decrease the coverage benefits provided unless there is a change in risk during the policy term attributable to any act or acts of the insured or the risk to be insured was misrepresented by the insured. This section shall not prohibit cancellation of a policy for any reason otherwise permitted by the policy or by law during an initial policy period of not to exceed sixty days.   History. Source: L. 79: Entire part R&RE, p. 373, § 8, effective July 1.    Editor's note:   This section is similar to former § 10-4-315 as it existed prior to 1979.
CO Code § 10-4-417 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 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.   History. Source: L. 79: Entire part R&RE, p. 374, § 8, effective July 1.    Editor's note:   This section is similar to former § 10-4-214 as it existed prior to 1979.
CO Code § 10-4-419.5 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 10-4-419.5. Workers' Compensation Form Certification

 An insurance carrier writing workers' compensation insurance in this state shall comply with section 8-44-102 , C.R.S.   History. Source: L. 2014: Entire section added,(SB 14-137), ch. 78, p. 317, § 3, effective August 6.
CO Code § 10-4-420 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 10-4-420. Risk Management Procedures

 Every insurer writing commercial property and casualty insurance in this state shall establish procedures to promote the use of loss control programs, safety programs, and other methods of risk management by its insureds to the extent feasible or practicable for the individual insured.   History. Source: L. 88: Entire section added, p. 402, § 1, effective April 29.
CO Code § 10-4-421 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 4 - Rate Regulation|§ 10-4-421. Notice of Rate Increases and Decreases

  In the event that a rate filing for type II insurance for commercial liability includes a rate increase or decrease, the filing entity shall clearly identify in a cover letter accompanying the rate filing the specific portion of the rate filing that represents such an increase or decrease and shall state clearly the percentage of any such proposed increase or decrease.    This section shall not apply to insurers providing coverage for exempt commercial policyholders, as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section.     History. Source: L. 88: Entire section added, p. 404, § 1, effective May 17. L. 99: Entire section amended, p. 388, § 8, effective January 15, 2000.
CO Code § 10-4-501 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-501. Short Title

 This part 5 shall be known and may be cited as the “Colorado Insurance Guaranty Association Act”.   History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-1. History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-1.
CO Code § 10-4-502 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-502. Legislative Declaration

 The purposes of this part 5 are to provide a mechanism for the payment of covered claims under certain insurance policies, to avoid excessive delay in payment and financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers.   History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-2. History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-2.    ANNOTATION   Intent to protect the public. In enacting the CIGA, the general assembly intended to protect the public and did not intend to hinder or foreclose its recovery by requiring a claimant to litigate to recover the full amount of the uninsured motorist coverage rather than entering into a settlement. The public and judicial policies in Colorado favor the settlement of such disputes. Colo. Ins. Guar. Ass'n v. Harris, 827 P.2d 1139 (Colo. 1992).   Penalties are not “covered claims”; and, therefore, statutory penalties otherwise available to claimants under the workers' compensation law may not be assessed against the association. Mosley v. Indus. Claim Appeals Office, 119 P.3d 576 (Colo. App. 2005).
CO Code § 10-4-504 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-504. Scope

 This part 5 shall apply to all kinds of direct insurance, except life, title, surety, sickness and accident, disability, credit, mortgage guaranty, financial guaranty, and ocean marine insurance.   History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-3. L. 77: Entire section amended, p. 513, § 4, effective May 27. L. 89: Entire section amended, p. 454, § 1, effective April 17. L. 99: Entire section amended, p. 87, § 2, effective August 4. History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-3. L. 77: Entire section amended, p. 513, § 4, effective May 27. L. 89: Entire section amended, p. 454, § 1, effective April 17. L. 99: Entire section amended, p. 87, § 2, effective August 4.
CO Code § 10-4-505 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-505. Construction

 This part 5 shall be liberally construed to effect the purposes enumerated in section 10-4-502 , which section shall constitute an aid and guide to interpretation.   History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-4. History. Source: L. 71: P. 756, § 1. C.R.S. 1963: § 72-34-4.    ANNOTATION   Applied in Colo. Ins. Guar. Ass'n v. Harris, 827 P.2d 1139 (Colo. 1992).
CO Code § 10-4-506 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-506. Colorado Insurance Guaranty Association

 There is created a nonprofit unincorporated legal entity to be known as the Colorado insurance guaranty association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance business in this state. The association shall perform its functions under a plan of operation established and approved under section 10-4-509 and shall exercise its powers through a board of directors established under section 10-4-507 . For purposes of administration and assessment, the association shall be divided into three separate accounts: Workers' compensation insurance account; automobile insurance account; and the account for all other insurance to which this part 5 applies.   History. Source: L. 71: P. 757, § 1. C.R.S. 1963: § 72-34-6. L. 90: Entire section amended, p. 559, § 17, effective July 1. History. Source: L. 71: P. 757, § 1. C.R.S. 1963: § 72-34-6. L. 90: Entire section amended, p. 559, § 17, effective July 1.
CO Code § 10-4-507 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-507. Board of Directors

  The board of directors of the association shall consist of not less than five nor more than nine persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers, subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term in the same manner as initial appointments.    In approving selections to the board, the commissioner shall consider among other things whether all member insurers are fairly represented.    Members of the board may be reimbursed from the assets of the association for actual and necessary expenses incurred by them as members of the board of directors.     History. Source: L. 71: P. 757, § 1. C.R.S. 1963: § 72-34-7. History. Source: L. 71: P. 757, § 1. C.R.S. 1963: § 72-34-7.
CO Code § 10-4-508.5 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-508.5. Aggregate Liability of Association

     Notwithstanding any other provisions of this part 5, except in the case of a claim for benefits under workers' compensation coverage, any obligation of the association to any and all persons shall cease when ten million dollars shall have been paid in the aggregate by the association and any one or more associations similar to the association of any other state or states or any property/casualty insurance security fund that obtains contributions from insurers on a pre-insolvency basis, to or on behalf of any insured and its affiliates on covered claims or allowed claims arising under the policy or policies of any one insolvent insurer.    For purposes of this section, the term “affiliate” shall mean a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person.       If the association determines that there may be more than one claimant having a covered claim or allowed claim against the association or any associations similar to the association or any property/casualty insurance security fund in other states, under the policy or policies of any one insolvent insurer, the association may establish a plan to allocate amounts payable by the association in such manner as the association in its discretion deems equitable.     History. Source: L. 99: Entire section added, p. 87, § 3, effective August 4.
CO Code § 10-4-510 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-510. Duties and Powers of Commissioner

  The commissioner shall:   Notify the association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvency;    Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.       The commissioner may:   Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this part 5. Such notification shall be by first-class mail at their last known addresses, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient.    Require each agent of the insolvent insurer to give prompt written notice to each insured of the insolvent insurer for whom he was agent of record by sending such notice by first-class mail to the insured's last known address;    Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. Such fine shall not exceed five percent of the unpaid assessment per month; except that no fine shall be less than one hundred dollars per month.    Revoke the designation of any servicing facility if he finds claims are being handled unsatisfactorily.       Any final action or order of the commissioner under this part 5 shall be subject to judicial review by the court of appeals pursuant to section 24-4-106 (11), C.R.S.     History. Source: L. 71: P. 760, § 1. C.R.S. 1963: § 72-34-10. L. 92: (3) amended, p. 1559, § 60, effective May 20. History. Source: L. 71: P. 760, § 1. C.R.S. 1963: § 72-34-10. L. 92: (3) amended, p. 1559, § 60, effective May 20.
CO Code § 10-4-514 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-514. Examination of Association

 The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.   History. Source: L. 71: P. 762, § 1. C.R.S. 1963: § 72-34-14. History. Source: L. 71: P. 762, § 1. C.R.S. 1963: § 72-34-14.
CO Code § 10-4-515 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-515. Tax Exemption

 The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property.   History. Source: L. 71: P. 762, § 1. C.R.S. 1963: § 72-34-15. History. Source: L. 71: P. 762, § 1. C.R.S. 1963: § 72-34-15.
CO Code § 10-4-516 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-516. Recognition of Assessments in Rates

 The rates and premiums charged for insurance policies to which this part 5 applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer, less any amounts returned to the member insurer by the association, and such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer.   History. Source: L. 71: P. 762, § 1. C.R.S. 1963: § 72-34-16. History. Source: L. 71: P. 762, § 1. C.R.S. 1963: § 72-34-16.
CO Code § 10-4-517 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-517. Immunity

 There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, or the commissioner or his representatives for any action taken by them in the performance of their powers and duties under this part 5.   History. Source: L. 71: P. 763, § 1. C.R.S. 1963: § 72-34-17. History. Source: L. 71: P. 763, § 1. C.R.S. 1963: § 72-34-17.    ANNOTATION   This section does not violate the constitutional ban on special legislation. Providing the association with immunity is rationally and reasonably related to a legitimate government purpose of avoiding excessive delay in payment and financial loss to claimants or policyholders due to an insurer's insolvency. Colo. Ins. Guar. v. Sunstate Equip. Co., , 405 P.3d 320 .   Immunity conferred by this section is absolute and includes immunity from penalties that would otherwise be available under § 8-43-304 (1) . Mosley v. Indus. Claim Appeals Office, 119 P.3d 576 (Colo. App. 2005).   The immunity granted by this section barred complainant's affirmative defenses. The affirmative defenses were based on actions taken by the association in the performance of its powers and duties under the act and would result in “liability” to the association. Colo. Ins. Guar. v. Sunstate Equip. Co., , 405 P.3d 320 .
CO Code § 10-4-518 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 4 - Property and Casualty Insurance|Part 5 - Colorado Insurance Guaranty Association Act|§ 10-4-518. Stay of Proceedings

 All proceedings to which an insolvent insurer is a party in any court in this state shall be stayed for sixty days after the date the insolvency is determined to permit proper defense by the association of all pending causes of action.   History. Source: L. 71: P. 763, § 1. C.R.S. 1963: § 72-34-18. History. Source: L. 71: P. 763, § 1. C.R.S. 1963: § 72-34-18.    Cross references:   For stay of proceedings to permit proper defense by the Colorado insurance guaranty association, see § 10-4-508 (1)(d) regarding the exercise of powers and duties relevant thereto.