reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-111 - Invoking aid of courts

The commissioner, through the attorney general, may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enforce any proper order made by the commissioner or action taken by the commissioner; but nothing in this title (except article 15) and article
14
of title
24
, C.R.S., shall be construed to prevent the company or person affected by any order, ruling, proceeding, act, or action of the commissioner, or any person acting on behalf and at instance of the commissioner, from testing the validity of the same in any court of competent jurisdiction, through injunction, appeal, or other proper process or proceeding, mandatory or otherwise.
L. 2003: Entire article RC&RE, p. 597, § 1, effective July 1. L. 2004: Entire section amended, p. 898, § 7, effective May 21. L. 2012: Entire section amended, (HB 12-1266), ch. 280, p. 1493, § 5, effective July 1.
This section is similar to former § 10-1-112 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-112 - Policy conditions required by other states

The policies of a domestic insurance company, when issued or delivered in any other state, territory, district, or country, may contain any provision required by the laws of the state, territory, district, or country in which the same are issued, anything in this title (except article 15) and article
14
of title
24
, C.R.S., to the contrary notwithstanding.
L. 2003: Entire article RC&RE, p. 597, § 1, effective July 1. L. 2004: Entire section amended, p. 898, § 8, effective May 21. L. 2012: Entire section amended, (HB 12-1266), ch. 280, p. 1493, § 6, effective July 1.
This section is similar to former § 10-1-115 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-113 - No seal required on policies

All policies or contracts made or entered into by any domestic company may be made with or without the seal thereof. The policies or contracts shall be subscribed by the president or such other officers as may be designated by the bylaws for that purpose, and shall be attested by the secretary, and, being so subscribed, shall be obligatory upon such company.
L. 2003: Entire article RC&RE, p. 598, § 1, effective July 1.
This section is similar to former § 10-1-116 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-114 - Sale of premium notes prohibited

It is unlawful for any insurance company or any agent thereof who has accepted a premium note in payment for a policy of insurance to hypothecate, sell, assign, dispose of, or attempt to collect said note prior to the delivery of said insurance policy to the applicant.
L. 2003: Entire article RC&RE, p. 598, § 1, effective July 1.
This section is similar to former § 10-1-118 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-115 - Penalty

If any insurance company or any agent of any such company violates any of the provisions of section
10-1-114
, the commissioner has the power and is authorized to revoke the certificate of authority of any company so offending or to cancel the license of any such agent who violates any provisions of section
10-1-114
.
L. 2003: Entire article RC&RE, p. 598, § 1, effective July 1.
This section is similar to former § 10-1-119 as it existed prior to 2002.
For the revocation of a certificate of authority to do business, see § 10-1-110.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-116 - Defamation of other companies - penalty

It is unlawful for any insurance company doing business in this state, or any officer, director, clerk, employee, or agent thereof, to make, verbally or otherwise, publish, print, distribute, or circulate, or cause the same to be done, or in any way to aid, abet, or encourage the making, printing, publishing, distributing, or circulating of any pamphlet, circular, article, literature, or statement of any kind that is defamatory of any other insurance company doing business in this state, or licensed to sell its capital stock within this state, that contains any false and malicious criticism or false and malicious statement calculated to injure such company in its reputation or business. Any officer, director, clerk, employee, or agent of any insurance company violating the provisions of this section commits a petty offense.
Amended by 2021 Ch. 462,§107, eff. 3/1/2022.
L. 2003: Entire article RC&RE, p. 598, § 1, effective July 1.
(1) This section is similar to former § 10-1-120 as it existed prior to 2002.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-117 - Company unauthorized in other states

If, upon investigation, the commissioner finds that any insurance company incorporated under the laws of Colorado is doing business in another state or territory without having first procured a license or authority from such state or territory, if any is required, authorizing it to do business therein, the commissioner may revoke the authority of such company to do business in this state.
L. 2003: Entire article RC&RE, p. 598, § 1, effective July 1.
This section is similar to former § 10-1-121 as it existed prior to 2002.
For the revocation of a certificate of authority to do business, see § 10-1-110.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-118 - Foreign companies - unsatisfied judgments - suspension

(1)
If a judgment against a foreign insurance company is unsatisfied, and execution has issued on said judgment, and the return of the sheriff discloses that the sheriff cannot fully satisfy such judgment, the judgment creditor or judgment creditor's attorney may file with the commissioner, in triplicate, a complaint setting forth such facts. The commissioner shall mail a copy of such complaint to the home office of such insurance company, at the address shown in the records of the division of insurance, and a copy to the Colorado office or the Colorado general agent of such insurance company.
(2)
If said insurance company does not, within thirty days after such mailing, pay and discharge said judgment or show good cause to the commissioner for the failure to pay such judgment, the commissioner, upon satisfactory proof of the allegations of the complaint, shall forthwith suspend the license or right of such insurance company to do business in this state. If good cause, previously shown, ceases to exist and the judgment remains unpaid, the commissioner shall suspend such license or right.
(3)
The commissioner shall reinstate the license or right to do business in this state when the insurance company has fully paid such judgment.
L. 2003: Entire article RC&RE, p. 598, § 1, effective July 1.
This section is similar to former § 10-1-122 as it existed prior to 2002.
For the suspension of a certificate of authority to do business, see § 10-1-110.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-119 - Insurance vending machines prohibited

No policy or contract of insurance of any kind shall be sold or dispensed through any mechanical device or vending machine, but this section shall not be construed as to prevent the use of office machines of any type by an insurance company. Insurance shall be sold only by an insurance producer, as defined in section
10-2-103(6)
.
L. 2003: Entire article RC&RE, p. 599, § 1, effective July 1.
This section is similar to former § 10-1-123 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-120 - Reporting of medical malpractice claims

(1)
Each insurance company licensed to do business in this state and engaged in the writing of medical malpractice insurance for licensed practitioners shall send to the Colorado medical board, in the form prescribed by the commissioner of insurance, information relating to each medical malpractice claim against a licensed practitioner that is settled or in which judgment is rendered against the insured.
(2)
The insurance company shall provide such information as is deemed necessary by the Colorado medical board to conduct a further investigation and hearing.
L. 2003: Entire article RC&RE, p. 599, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1260), ch. 403, p. 1977, §49, effective July 1.
This section is similar to former § 10-1-124 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-120.5 - Reporting of malpractice claims against nurses

(1)
Each insurance company licensed to do business in this state and engaged in writing malpractice insurance for nurses shall send to the state board of nursing, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed nurse that is settled or in which judgment is rendered against the insured.
(2)
The information must include information deemed necessary by the state board of nursing to conduct a further investigation and hearing.
Added by 2020 Ch. 190,§ 7, eff. 7/1/2020.
L. 2020: Entire section added, (HB 20-1216), ch. 867, p. 867, § 7, effective July 1.
For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-121 - Reporting of malpractice claims against physical therapists

(1)
Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for physical therapists licensed under article
285
of title
12
shall send to the director of the division of professions and occupations, in the department of regulatory agencies, in the form prescribed by the commissioner of insurance, information relating to each claim involving physical therapy malpractice or against any such physical therapist that is settled or in which judgment is rendered against the insured.
(2)
Every insurance company licensed to do business in this state that makes payment under a policy of insurance in settlement of a claim of physical therapy malpractice, or in satisfaction of a judgment for such malpractice, shall report to the secretary of health and human services, in accordance with
42 U.S.C. secs. 11131
and
11134
, the following information:
(a)
The name of any physical therapist for whose benefit the payment is made;
(b)
The amount of the payment;
(c)
The name, if known, of any hospital with which the physical therapist is affiliated or associated;
(d)
A description of the acts or omissions and injuries or illnesses upon which the action or claim was based; and
(e)
Such other information as the secretary of health and human services determines is required for appropriate interpretation of the information so reported.
Amended by 2019 Ch. 136,§ 29, eff. 10/1/2019.
L. 2003: Entire article RC&RE, p. 599, § 1, effective July 1.
This section is similar to former § 10-1-124.2 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-122 - Reporting of malpractice claims against architects

Each insurance company doing business in this state and engaged in the writing of malpractice insurance for architects shall send to the state board of licensure for architects, professional engineers, and professional land surveyors, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed architect or a corporation, partnership, or group of persons practicing architecture that is settled or in which judgment is rendered against the insured within ninety days after the effective date of such settlement or judgment.
L. 2003: Entire article RC&RE, p. 600, § 1, effective July 1. L. 2006: Entire section amended, p. 741, § 3, effective July 1.
This section is similar to former § 10-1-124.5 as it existed prior to 2002.
For the provisions concerning architects, see part 4 of article 120 of title 12.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-123 - Reporting of claims against plumbers

Each insurance company licensed to do business in this state and engaged in the writing of insurance for plumbers shall send within ninety days to the examining board of plumbers, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed plumber that is settled or in which judgment is rendered against the insured.
L. 2003: Entire article RC&RE, p. 600, § 1, effective July 1.
This section is similar to former § 10-1-124.6 as it existed prior to 2002.
For the provisions concerning plumbers, see article 155 of title 12.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-124 - Reporting of podiatric malpractice claims

(1)
Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for licensed podiatrists shall send to the Colorado podiatry board, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed podiatrist that is settled or in which judgment is rendered against the insured.
(2)
Such information shall include any information deemed necessary by the Colorado podiatry board to conduct a further investigation and hearing.
L. 2003: Entire article RC&RE, p. 600, § 1, effective July 1.
This section is similar to former § 10-1-124.7 as it existed prior to 2002.
For the provisions concerning podiatrists, see article 290 of title 12.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-125 - Reporting of malpractice claims against optometrists

(1)
Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for optometrists shall send to the state board of optometry, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed optometrist that is settled or in which judgment is rendered against the insured.
(2)
Such information shall include any information deemed necessary by the state board of optometry to conduct a further investigation and hearing.
L. 2003: Entire article RC&RE, p. 601, § 1, effective July 1. L. 2011: Entire section amended, (SB 11-094), ch. 129, p. 450, §28, effective April 22.
This section is similar to former § 10-1-124.9 as it existed prior to 2002.
For the provisions concerning optometrists, see article 275 of title 12.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-125.3 - Reporting of malpractice claims against pharmacists and pharmacies

(1)
Each insurance company licensed to do business in this state and engaged in writing malpractice insurance for licensed pharmacists and registered pharmacies, and each pharmacist or pharmacy that self-insures, shall send to the state board of pharmacy, in the form prescribed by the commissioner in collaboration with the state board of pharmacy, information relating to each malpractice claim against a licensed pharmacist or registered pharmacy that is settled or in which judgment is rendered against the insured.
(2)
The insurance company or self-insured pharmacist or pharmacy shall provide information relating to each malpractice claim that the state board of pharmacy deems necessary to conduct a further investigation and hearing.
Added by 2021 Ch. 314,§ 32, eff. 9/1/2021.
This section is similar to former § 12-280-111 (1) and (2) as they existed prior to 2021. For a detailed comparison of this section, see SB 21-094, L. 2021, p. 1944.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-125.5 - Reporting of malpractice claims against naturopathic doctors

Each insurance company licensed to do business in this state and engaged in writing malpractice insurance for naturopathic doctors registered under article
250
of title
12
shall send to the director of the division of professions and occupations in the department of regulatory agencies, in the form prescribed by the commissioner, information relating to each malpractice claim against a registered naturopathic doctor that is settled or in which judgment is rendered against the insured naturopathic doctor. The insurance company shall include any information the director determines necessary to enable the director to conduct a further investigation and hearing.
Amended by 2019 Ch. 136,§ 30, eff. 10/1/2019.
Added by 2017 Ch. 302,§ 6, eff. 8/9/2017.
L. 2017: Entire section added, (SB 17-106), ch. 302, p. 1649, § 6, effective August 9.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-125.7 - Reporting of malpractice claims against audiologists

(1)
Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for audiologists shall send to the director of the division of professions and occupations in the department of regulatory agencies, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed audiologist that is settled or in which judgment is rendered against the insured.
(2)
The information must include information deemed necessary by the director of the division of professions and occupations in the department of regulatory agencies to conduct a further investigation and hearing.
Added by 2020 Ch. 300,§ 6, eff. 9/1/2020.
L. 2020: Entire section added, (HB 20-1219), ch. 1493, p. 1493, § 6, effective September 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-126 - Training program for persons working with the aging

The division of insurance shall develop a training program for persons working with the aging on the local level that will enable them to assist the elderly in dealing with their medicare supplemental insurance problems.
L. 2003: Entire article RC&RE, p. 601, § 1, effective July 1.
This section is similar to former § 10-1-125 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 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.
L. 2003: Entire article RC&RE, p. 601, § 1, effective July 1.
This section is similar to former § 10-1-126 as it existed prior to 2002.
For the provisions concerning the "State Administrative Procedure Act", see article 4 of title 24.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-129 - Fraudulent insurance acts - enforcement

The attorney general shall have concurrent jurisdiction with the district attorneys of this state to investigate and prosecute allegations of criminal conduct related to insurance fraud pursuant to this title and titles 8 and 18, C.R.S. The cost to the attorney general of such investigations and prosecutions shall be paid from fees collected from entities regulated by the division pursuant to section
24-31-104.5
, C.R.S.
L. 2003: Entire article RC&RE, p. 604, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1385), ch. 204, p. 883, §3, effective May 5. L. 2012: Entire section amended, (SB 12-110), ch. 158, p. 561, § 5, effective July 1.
This section is similar to former § 10-1-127.5 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-130 - Availability of sickness, health, and accident insurance

(1)
The commissioner shall assess the availability of sickness, health, and accident insurance in Colorado with a view to identifying specific groups of persons to whom such coverage is unavailable by virtue of cost, preexisting condition, or other circumstances.
(2)
Repealed.
L. 2003: Entire article RC&RE, p. 604, § 1, effective July 1; entire section amended, p. 2053, § 2, effective August 6.
(1) Subsection (1) is similar to former § 10-1-130 as it existed prior to 2002.
(2) Subsection (2)(d) provided for the repeal of subsection (2), effective July 1, 2010. (See L. 2003, p. 604.)
For the legislative declaration contained in the 2003 act amending this section, see section 1 of chapter 322, Session Laws of Colorado 2003.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-131 - Duties to third parties - rules

(1)
Pursuant to rules promulgated by the commissioner, an insurer shall notify any additional insured by endorsement on a general liability policy, whose interests are affected by a claim, of the results of the insurer's investigation of such claim and the status of the claim within a reasonable period of time as determined by the commissioner. Such notice shall include a statement confirming or denying coverage of the claim and, if coverage is denied, the reasons for denying coverage of the claim or any portion of the claim. In the event coverage has not been determined, a copy of the reservation of rights letter shall constitute sufficient notice.
(2)
Failure to notify any additional insured by endorsement on a general liability policy pursuant to this section shall subject the insurer to the provisions of sections
10-3-1108
and
10-3-1109
.
(3)
The provisions of this section shall not apply to those claims under a general liability policy upon which a lawsuit has been filed.
L. 2003: Entire article RC&RE, p. 604, § 1, effective July 1.
This section is similar to former § 10-1-132 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-132 - Oversight of the general assembly

Nothing in this title shall limit the ability of the general assembly to direct the accounting principles to be used by insurers authorized in this state in order to create uniformity.
L. 2003: Entire article RC&RE, p. 605, § 1, effective July 1.
This section is similar to former § 10-1-133 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-134 - Office of insurance ombudsman - plan - report to joint budget committee

On or before September 15, 2008, the commissioner shall present a plan to the joint budget committee of the general assembly regarding the establishment of an office of insurance ombudsman. The plan shall include an assessment of the need to establish the office, a plan to implement the office, and the estimated costs associated with establishing and maintaining the office. The plan shall require the ombudsman to assist consumers with issues related to insurance availability, claims processing, coverage questions, and other matters related to insurance consumer education and assistance.
L. 2008: Entire section added, p. 2247, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 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.
Amended by 2024 Ch. 320,§ 3, eff. 5/31/2024.
Amended by 2023 Ch. 64,§ 1, eff. 1/1/2024.
Amended by 2014 Ch. 128, § 1, eff. 8/6/2014.
Added by 2013 Ch. 173, § 1, eff. 8/7/2013.
L. 2013: Entire section added, (HB 13-1233), ch. 17, p. 622, § 31, effective August 7. L. 2014: (2) amended, (HB 14-1282), ch. 128, p. 452, § 1, effective August 6.
2023 Ch. 64, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-138 - Internet posting of standard insurance provisions - conditions - notice of revisions

(1)
Notwithstanding any provision of section
10-1-137
to the contrary, standard insurance policies and endorsements that do not contain personally identifiable information may be mailed, delivered, or posted on the insurer's website. If the insurer elects to post insurance policies and endorsements on its website in lieu of mailing or delivering them to the insured, it shall comply with all of the following conditions:
(a)
The policies and endorsements must be accessible on the website and remain so for as long as the policies are in force.
(b)
The policies and endorsements must be posted in a manner that enables the insured to print and save the policies and endorsements using programs or applications that are widely available on the internet and free to use.
(c)
The insurer shall provide the following information in, or simultaneously with, each declarations page provided at the time of issuance of the initial policy and any renewals of that policy:
(I)
A description of the exact policy and endorsement forms purchased by the insured;
(II)
A method by which the insured may obtain, upon request and without charge, a paper or electronic copy of each policy and endorsement purchased by the insured; and
(III)
The internet address where the insured's policies and endorsements are posted.
(d)
The insurer shall archive its expired policies and endorsements for at least five years and make them available upon request.
(e)
The insurer shall provide the insured with notice, in the same manner in which the insurer customarily communicates with the insured, of:
(I)
Any changes to the forms or endorsements;
(II)
The insured's right to obtain, upon request and without charge, a paper copy of the forms or endorsements; and
(III)
The internet address where the forms or endorsements are posted.
Added by 2014 Ch. 207,§ 1, eff. 8/6/2014.
L. 2014: Entire section added, (HB 14-1344), ch. 207, p. 762, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-139 - Confidentiality

(1)
Except as otherwise provided by law, when the commissioner conducts an investigation, all documents, including working papers, claim files, recorded information, electronic mail, and all copies of those documents, that are produced or obtained by or disclosed to the commissioner or any other person in the course of the investigation shall be treated as confidential until the commissioner concludes the investigation. After an investigation is concluded, the records are subject to the "Colorado Open Records Act", part 2 of article
72
of title
24
.
(2)
This section does not apply to an examination conducted pursuant to part 2 of this article 1 or to a market conduct surveillance conducted pursuant to part 3 of this article 1.
Added by 2017 Ch. 284, § 1, eff. 1/1/2018.
L. 2017: Entire section added, (HB 17-1231), ch. 284, p. 1552, § 1, effective 1/1/2018.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-140 - Subpoena authority

The division may issue subpoenas, administer oaths, and examine under oath any person as to any matter relevant to the regulatory authority of the division. Upon the failure or refusal of a person to obey a subpoena, the division may petition a court of competent jurisdiction for an order, which order is enforceable through contempt proceedings, compelling the person to appear and testify or produce documentary evidence. The commissioner may arrange for the services of an administrative law judge appointed pursuant to part 10 of article
30
of title
24
to take evidence and to make findings and report them to the commissioner.
Added by 2017 Ch. 284, § 1, eff. 1/1/2018.
L. 2017: Entire section added, (HB 17-1231), ch. 284, p. 1552, § 1, effective 1/1/2018.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-141 - Investigations - rules

(1)
The commissioner may contract, pursuant to section
24-50-504 (2)(c) and (2)(e)
, with a person that has technical or subject matter expertise or skill and experience in investigative techniques to assist the division in performing investigations of a company or producer pursuant to this title 10 when the commissioner determines that the division lacks sufficient technical expertise to perform the investigation. Investigations conducted pursuant to this section do not include market conduct surveillance actions conducted pursuant to part 3 of this article 1. The commissioner shall, by rule, establish when contract investigators may be used for investigations. The rules must include out-of-state travel requirements, criteria for when special expertise is required for the investigation, and a requirement that there must be a significant pattern of complaints or a well-documented allegation against a company for an investigation to be warranted.
(2)
The investigated company or producer shall pay the reasonable fees and expenses of a person retained or designated for investigations of the company or producer pursuant to subsection (1) of this section directly to the retained or designated person, as determined by the commissioner. The investigated company or producer may contest the amount of fees and expenses charged by the retained or designated person by filing an objection with the commissioner, setting forth the charges that the investigated company or producer considers to be unreasonable and the basis for the claim that the charges are unreasonable. A disputed amount is not due unless the commissioner reviews the objection and makes a written finding that the disputed charges were reasonable in relation to the investigation performed.
Added by 2017 Ch. 284, § 1, eff. 1/1/2018.
L. 2017: Entire section added, (HB 17-1231), ch. 284, p. 1553, § 1, effective 1/1/2018.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-143 - [Repealed]

Added by 2022 Ch. 173, § 5, eff. 5/17/2022.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-144 - Cost to reconstruct a home - annual report - homeowner's insurance affordability study - rules

(1)
(a)
The commissioner shall contract with an independent third party to prepare an annual residential reconstruction consumer information report on the cost of reconstructing homes in Colorado, taking into account the region of the state, the home types by design structure, different home customization types, and the factors included in section
10-4-110.8 (8)
. The commissioner shall complete the report by April 1, 2025, and by April 1 of each year thereafter based on data from the preceding calendar year.
(b)
The division shall post the annual report prepared pursuant to this subsection (1) on the division's website by April 15 of each year.
(2)
After a stakeholder process, the commissioner may contract with an independent third party to evaluate policies to address the affordability of homeowner's insurance.
(3)
The commissioner may promulgate rules to implement this section.
Added by 2023 Ch. 168,§ 1, eff. 8/7/2023.
2023 Ch. 168, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 2 - EXAMINATIONS (§§ 10-1-201 — 10-1-218) › Section 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.
L. 2003: Entire article RC&RE, p. 605, § 1, effective July 1.
This section is similar to former § 10-1-201 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 2 - EXAMINATIONS (§§ 10-1-201 — 10-1-218) › Section 10-1-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"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
.
(2)
"Examination" means a formal financial examination, as well as informal examinations, conducted by the commissioner for the purpose of determining compliance with the law.
(3)
"Examiner" means any individual or firm authorized by the commissioner to conduct an examination under this part 2.
(4)
"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)
.
(5)
"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.
(6)
"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.
(7)
"NAIC" or "national association of insurance commissioners" means the organization of insurance regulators from the fifty states, the District of Columbia, and the five United States territories.
(8)
"Person" means any individual, aggregation of individuals, trust, association, partnership, or corporation, or any agent or affiliate thereof.
Amended by 2023 Ch. 303,§ 5, eff. 8/7/2023.
Amended by 2017 Ch. 284, § 2, eff. 1/1/2018.
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 1/1/2007. L. 2017: Entire section amended, (HB 17-1231), ch. 284, p. 1553, § 2, effective 1/1/2018.
This section is similar to former § 10-1-202 as it existed prior to 2002.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 2 - EXAMINATIONS (§§ 10-1-201 — 10-1-218) › Section 10-1-203 - Authority, scope, and scheduling of examinations

(1)
The commissioner or the commissioner's designee may conduct an examination of any company as often as the commissioner, in the commissioner's sole discretion, deems appropriate but shall, at a minimum, conduct a formal financial examination of every insurer licensed in this state not less frequently than once every five years; except that this does not include eligible nonadmitted insurers regulated in accordance with article
5
of this title 10. In scheduling financial examinations and in determining their nature, scope, and frequency, the commissioner shall consider matters such as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants, and other criteria as set forth in the most recent available edition of the examiners' handbook adopted by the national association of insurance commissioners.
(2)
For purposes of completing an examination of any company under this part 2, the commissioner may examine or investigate any person or the business of any person insofar as such examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.
(3)
In lieu of a financial examination under this part 2 of any foreign or alien insurer licensed in this state, the commissioner may accept an examination report on the company as prepared by the insurance department for the company's state of domicile or port-of-entry state; except that such reports may only be accepted if:
(a)
The insurance department was, at the time of the examination, accredited under the national association of insurance commissioners' financial regulation standards and accreditation program; or
(b)
The examination is performed under the supervision of an accredited insurance department or with the participation of one or more examiners who are employed by such an accredited state insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by the examiners' insurance department.
Amended by 2017 Ch. 284, § 3, eff. 1/1/2018.
L. 2003: Entire article RC&RE, p. 606, § 1, effective July 1. L. 2012: (1) amended, (HB 12-1215), ch. 104, p. 354, § 7, effective August 8. L. 2017: (1) amended, (HB 17-1231), ch. 284, p. 1555, § 3, effective 1/1/2018.
This section is similar to former § 10-1-203 as it existed prior to 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 2 - EXAMINATIONS (§§ 10-1-201 — 10-1-218) › Section 10-1-206 - Conflict of interest

(1)
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)
A policyholder or claimant under an insurance policy;
(b)
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;
(c)
An investment owner in shares of regulated diversified investment companies; or
(d)
A settlor or beneficiary of a "blind trust" into which any otherwise impermissible holdings have been placed.
(2)
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.
L. 2003: Entire article RC&RE, p. 612, § 1, effective July 1.
This section is similar to former § 10-1-206 as it existed prior to 2002.