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 2 - EXAMINATIONS (§§ 10-1-201 — 10-1-218) › Section 10-1-207 - Immunity from liability - prohibited activity

(1)
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.
(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.
(3)
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.
(4)
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.
(5)
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.
(6)
(a)
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.
(b)
A court of competent jurisdiction may order relief as follows:
(I)
Reinstatement of the employee to the same position held before the retaliatory personnel action or an equivalent position;
(II)
Reinstatement of full benefits and seniority rights; and
(III)
Compensation for lost wages and benefits.
(c)
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.
Amended by 2017 Ch. 284, § 6, eff. 1/1/2018.
L. 2003: Entire article RC&RE, p. 613, § 1, effective July 1. L. 2006: (5) and (6) added, p. 971, § 5, effective 1/1/2007. L. 2017: (5) amended, (HB 17-1231), ch. 284, p. 1560, § 6, effective 1/1/2018.
This section is similar to former § 10-1-207 as it existed prior to 2002.
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.
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 10-1-208 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2004: Entire section added, p. 72, § 1, effective March 8. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, 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 2 - EXAMINATIONS (§§ 10-1-201 — 10-1-218) › Section 10-1-209 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2006: Entire section added, p. 962, § 4, effective 1/1/2007. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-210 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2006: Entire section added, p. 962, § 4, effective 1/1/2007. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-211 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
Amended by 2013 Ch. 202, § 5, eff. 5/11/2013.
L. 2006: Entire section added, p. 964, § 4, effective 1/1/2007. L. 2012: (6) added, (HB 12-1266), ch. 280, p. 1494, § 7, effective July 1. L. 2013: (6) amended, (HB 13-1236), ch. 202, p. 840, § 5, effective May 11. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-212 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2006: Entire section added, p. 965, § 4, effective 1/1/2007. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-213 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2006: Entire section added, p. 968, § 4, effective 1/1/2007. L. 2010: (5) added, (HB 10 -1220), ch. 197, p. 852, § 8, effective July 1. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-214 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2006: Entire section added, p. 970, § 4, effective 1/1/2007. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-215 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2006: Entire section added, p. 970, § 4, effective 1/1/2007. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-216 - [Repealed]

Repealed by 2017 Ch. 284, § 7, eff. 1/1/2018.
L. 2006: Entire section added, p. 970, § 4, effective 1/1/2007. L. 2017: Entire section repealed, (HB 17-1231), ch. 284, p. 1560, § 7, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-217 - Coordination with other states through NAIC

The commissioner shall share information and coordinate the division's examination efforts with other states through the NAIC.
Amended by 2017 Ch. 284, § 8, eff. 1/1/2018.
L. 2006: Entire section added, p. 971, § 4, effective 1/1/2007. L. 2017: Entire section amended, (HB 17-1231), ch. 284, p. 1560, § 8, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 10-1-218 - Additional duties of commissioner

(1)
Repealed.
(2)
(a)
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.
(b)
The information received pursuant to this subsection (2) is a confidential communication and is not public information.
Amended by 2017 Ch. 284, § 9, eff. 1/1/2018.
L. 2006: Entire section added, p. 971, § 4, effective 1/1/2007. L. 2017: (1) repealed, (HB 17-1231), ch. 284, p. 1560, § 9, effective 1/1/2018.
For the legislative declaration contained in the 2006 act enacting this section, 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 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.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1560, § 10, 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 10-1-303 - Market analysis - market conduct surveillance

(1)
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.
(2)
(a)
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:
(I)
Correspondence with the company;
(II)
Company interviews;
(III)
Information gathering;
(IV)
Policy and procedure reviews;
(V)
Interrogatories;
(VI)
Review of company self-evaluations and voluntary compliance programs;
(VII)
Self-audits; and
(VIII)
Market conduct examinations.
(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.
(II)
The commissioner may coordinate the market conduct surveillance and findings of this state with market conduct surveillance and findings of other states.
(3)
Nothing in this section requires the commissioner to conduct market analysis prior to initiating any other type of market conduct surveillance.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1562, § 10, 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 10-1-306 - Market conduct surveillance personnel

(1)
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.
(2)
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)
A policyholder or claimant under an insurance policy;
(b)
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;
(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.
(3)
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.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1569, § 10, 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 10-1-307 - Immunity from liability - prohibited activity

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
(a)
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.
(b)
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.
(c)
A court of competent jurisdiction may order relief as follows:
(I)
Reinstatement of the employee to the same position held before the retaliatory personnel action or to an equivalent position;
(II)
Reinstatement of full benefits and seniority rights; and
(III)
Compensation for lost wages and benefits.
(d)
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.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1570, § 10, 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 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.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1571, § 10, 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 10-1-310 - Fines and penalties

(1)
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.
(2)
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.
(3)
When determining the appropriate civil penalty for a company and whether to stay any portion of the civil penalty, the commissioner shall consider:
(a)
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;
(b)
The extent to which the company maintains regulatory compliance programs to self-assess, self-report, and remediate problems detected; and
(c)
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.
(4)
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.
(5)
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.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
Amended by 2017 Ch. 283, § 4, eff. 9/1/2017.
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 1/1/2018.
Section 23 of chapter 283 (SB 17-249), Session Laws of Colorado 2017, provides that the act changing this section takes effect only if HB 17-1231 becomes law. HB 17-1231 became law and took effect January 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 10-1-311 - Participation in national market conduct databases

(1)
The commissioner shall report market data to the NAIC's market information systems, including the complaint database system, the examination tracking system, and the regulatory information retrieval system, or other successor NAIC products as determined by the commissioner.
(2)
(a)
The commissioner shall report complaints to the NAIC complaint database system, or its successor product, in accordance with NAIC guidelines. However, before publication of company-specific complaint information by the commissioner, insurance industry personnel shall be given the opportunity to review Colorado-specific complaints assigned to their company in the commissioner's complaints database and request that corrections be made to the data. The commissioner shall review company objections to assigned complaints before publishing company-specific complaints information and shall make corrections to the commissioner's complaints database when appropriate. If the commissioner makes corrections to its complaints database based on errors identified by a company, the commissioner shall send corrected data to the NAIC complaint database system, or its successor product.
(b)
The commissioner shall ensure that companies have until at least February 15 to review complaints data for the immediately preceding calendar year. In order for a company's objections to its complaints data information to be considered, the company must review and request any corrections to the prior calendar year's complaints data no later than February 15.
(3)
Information maintained by the commissioner shall be compiled in a manner that meets the requirements of the NAIC.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1574, § 10, 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 3 - MARKET CONDUCT (§§ 10-1-301 — 10-1-312) › Section 10-1-312 - Coordination with other states through NAIC

(1)
The commissioner may share information and coordinate the commissioner's market surveillance efforts with other states through the NAIC.
(2)
Consistent with section
10-1-309
, in order to assist in the performance of the commissioner's duties, the commissioner may:
(a)
Share documents, materials, communications, or other information, including the confidential and privileged documents, materials, or information subject to section
10-1-309 (1)
, with other state, federal, and international regulatory agencies and law enforcement authorities and the NAIC, its affiliates, and subsidiaries, if the recipient agrees to and has the legal authority to maintain the confidentiality and privileged status of the document, material, communication, or other information;
(b)
Receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the NAIC and its affiliates or subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, communication, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, communication, or information; and
(c)
Enter into agreements governing the sharing and use of information consistent with this section.
Added by 2017 Ch. 284, § 10, eff. 1/1/2018.
L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1574, § 10, effective 1/1/2018.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 1 - GENERAL PROVISIONS (§§ 10-2-101 — 10-2-105) › Section 10-2-101 - Short title

This article shall be known and may be cited as the "Colorado Producer Licensing Model Act".
L. 93: Entire article R&RE, p. 1348, § 1, effective 1/1/1995. L. 2001: Entire section amended, p. 1190, § 1, effective 1/1/2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 1 - GENERAL PROVISIONS (§§ 10-2-101 — 10-2-105) › Section 10-2-102 - Scope - applicability

This article governs the qualifications and procedures for the licensing of insurance producers. This article is intended to simplify and organize some statutory language to improve efficiency, permit the use of new technology, and reduce costs associated with issuing, continuing, and renewing insurance licenses.
L. 93: Entire article R&RE, p. 1348, § 1, effective 1/1/1995. L. 2001: Entire section amended, p. 1190, § 2, effective 1/1/2002.
This section is similar to former § 10-2-201 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 1 - GENERAL PROVISIONS (§§ 10-2-101 — 10-2-105) › Section 10-2-104 - Authority of commissioner - rules

Pursuant to the provisions of article
4
of title
24
, C.R.S., the commissioner may promulgate reasonable rules for the implementation and administration of the provisions of this article. The commissioner may contract with any party for the purpose of performing any ministerial duty required of the commissioner under this article. All reasonable charges and expenses of such contractors shall be paid directly to the contractors by licensees.
L. 93: Entire article R&RE, p. 1349, § 1, effective 1/1/1995. L. 2001: Entire section amended, p. 1192, § 4, effective 1/1/2002.
This section is similar to former § 10-2-220 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 2 - PRELICENSURE EDUCATION (§§ 10-2-201 — 10-2-203) › Section 10-2-201 - Prelicensure education - when required

(1)
(a)
Except as otherwise provided in section
10-2-202
, in addition to other requirements for licensure as specified under this article and as a condition of initial licensure, an individual applicant for qualification in life, sickness and accident, or property and casualty lines shall be required to provide evidence to the commissioner that the individual applicant has satisfactorily completed an approved prelicensure education or training course or program as follows:
(I)
An individual seeking insurance producer licensure authority for life insurance shall complete at least fifty hours of an approved course or program for certification in life insurance; and, of the said fifty hours, at least three hours shall pertain specifically to insurance industry ethics;
(II)
An individual seeking insurance producer licensure authority for health coverage shall complete at least fifty hours of an approved course or program for certification in sickness and accident insurance; and, of the said fifty hours, at least three hours shall pertain specifically to insurance industry ethics;
(III)
An individual seeking insurance producer licensure authority for property or casualty insurance or both shall complete at least fifty hours of an approved course or program for certification in property or casualty insurance or both; and, of the said fifty hours, at least three hours shall pertain specifically to insurance industry ethics.
(b)
An individual seeking an insurance producer license to include life, sickness and accident, property, or casualty lines or any combination thereof shall not be eligible to take the written examination provided for in section
10-2-402
until the prelicensure education requirements specified in this subsection (1) pertaining to the line or lines of insurance applied for have been satisfied.
(2)
The commissioner shall adopt all rules necessary to carry out the prelicensing education provisions of this section. Such rules shall set forth standards for courses and programs to qualify for approval by the commissioner and shall also prescribe a system of control and reporting.
(3)
An individual seeking an insurance producer license shall pay to the commissioner, in addition to any other applicable fees or charges, a fee established by the commissioner in accordance with section
10-2-413
for operation of the prelicensing education program.
L. 93: Entire article R&RE, p. 1350, § 1, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 2 - PRELICENSURE EDUCATION (§§ 10-2-201 — 10-2-203) › Section 10-2-202 - Exemption from prelicensure education requirements

(1)
Prelicensure education as set forth in section
10-2-201
shall not be required of an individual who is:
(a)
Applying to reinstate a canceled or expired resident insurance producer license in this state when such license has been inactive for one year or less;
(b)
Applying for temporary license authority under section
10-2-410
;
(c)
Applying for a resident insurance producer license in this state, was previously licensed in his or her former resident state, and has completed or satisfied prelicensure education as required by that state pertinent to the line or lines of insurance applied for in Colorado;
(d)
Applying for a nonresident license in this state pertinent to the line or lines of authority held in the producer's home state.
L. 93: Entire article R&RE, p. 1351, § 1, effective 1/1/1995. L. 2001: (1)(d) amended, p. 1194, § 6, effective 1/1/2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 2 - PRELICENSURE EDUCATION (§§ 10-2-201 — 10-2-203) › Section 10-2-203 - Course certification, registration, and review by commissioner

(1)
Prelicensure education courses or programs that will be provided and offered to persons applying for life, sickness and accident, property, or casualty licensing are subject to review and certification by the commissioner, except that:
(a)
Any full-time program of prelicensure education operated by a qualified domestic company or a company with a qualified home office located in Colorado shall not be subject to review and certification by the commissioner; and
(b)
Any applicant or licensee who has attended such a course or program shall be deemed in compliance with the provisions of section
10-2-201
upon certification by the applicant that he or she has completed all required hours of instruction through such a course or program.
(2)
Course instruction, content, outline, and course instructors are subject to initial approval by the commissioner and, at the discretion of the commissioner, are also subject to periodic review for continuation. The course provider shall remit the fee as prescribed in accordance with section
10-2-413
to continue or renew such approved course or program.
(3)
If, upon review, the commissioner finds that a prelicensure education course or program is not in compliance with all applicable standards, as set forth by rule, the commissioner may order the course or program to be discontinued or revoke the approval of the course provider or both.
L. 93: Entire article R&RE, p. 1352, § 1, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-405 - Residency - individuals - agencies

(1)
The commissioner may qualify an applicant as a resident of this state and shall issue an insurance producer license to any qualified resident person of this state in accordance with the following:
(a)
An individual applicant may qualify as a resident only if he or she resides in this state. Any license issued pursuant to any application claiming residency for licensing purposes shall constitute an election of residency in this state and shall be void if the licensee, while holding a resident license in this state, also holds or makes application for a license in or thereafter claims to be a resident of any other state or jurisdiction, or if the licensee ceases to be a resident of this state.
(b)
An insurance agency or business entity may qualify as a resident if the agency has its principal office in this state;
(c)
The resident person is in compliance with the requirements of section
10-2-404
.
L. 93: Entire article R&RE, p. 1359, § 1, effective 1/1/1995. L. 2001: (1)(b) amended, p. 1198, § 12, effective 1/1/2002.
This section is similar to former § 10-2-207 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-406 - Licensing of agencies

(1)
For the purposes set forth in section
10-2-701
, an insurance agency or business entity shall be licensed as an insurance producer.
(2)
(a)
The insurance agency or business entity shall register the name of every natural person who, as a member, officer, director, stockholder, owner, or employee of the agency or business entity, is acting as and is licensed as an insurance producer.
(b)
A fee, prescribed by the commissioner in accordance with section
10-2-413
, shall be paid for the registration of each insurance producer.
(3)
The insurance agency or business entity shall, within ten days, notify the commissioner, on a form prescribed by the commissioner, of every change relative to the licensed individual insurance producers registered and authorized to act as insurance producers for the insurance agency or business entity.
(4)
The insurance agency or business entity shall, within ten days, notify the commissioner, on a form prescribed by the commissioner, of any change relative to the insurance agency or business entity name, officers, directors, partners, or owners, to report a merger, or that the insurance agency or business entity has ceased doing business in this state.
(5)
When an insurance agency or business entity ceases to do business in this state, the insurance agency or business entity shall return the producer license to the commissioner within ten days after ceasing to do business.
(6)
When an insurance agency or business entity changes its principal address to another state, the insurance agency or business entity shall, within ten days, notify the commissioner and return the producer license for cancellation. Relicensing will be subject to the provisions of part 5 of this article.
(7)
(a)
The insurance agency or business entity shall comply with section
10-2-404
.
(b)
A nonresident insurance agency shall also comply with the qualification requirements of section
10-2-501
.
L. 93: Entire article R&RE, p. 1359, § 1, effective 1/1/1995. L. 2001: (1), (2)(a), (3), (4), (5), (6), and (7)(a) amended, p. 1198, § 13, effective 1/1/2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-407 - License - definitions of lines of insurance - authority

(1)
Unless a person is denied licensure pursuant to section
10-2-801
, the division shall issue to a person who has met the requirements of sections
10-2-401
and
10-2-404
an insurance producer license. An insurance producer may receive qualification for a single license to include one or more of the following lines of authority:
(a)
"Life", which means insurance coverage on human lives that:
(I)
Shall include benefits of endowment and annuities; and
(II)
May include benefits for:
(A)
The event of death or dismemberment by accident; and
(B)
Disability income;
(b)
"Accident and health", which means insurance coverage for sickness, bodily injury, or accidental death and that may include benefits for disability income;
(c)
"Variable life and variable annuity products", which means insurance coverage provided under variable life insurance contracts and variable annuities;
(d)
"Property", which means insurance coverage for the direct or consequential loss or damage to property of every kind;
(e)
"Casualty", which means insurance coverage against legal liability, including that for death, injury, or disability or damage to real or personal property;
(f)
Repealed.
(g)
Limited lines credit insurance;
(h)
Crop hail;
(i)
Title;
(j)
Surplus lines;
(k)
Travel insurance, as defined in section
10-2-414.5
;
(l)
Health maintenance organizations ("HMO"); except that no person shall be issued a new license for this individual line of authority on or after January 1, 2002, pursuant to section
10-2-402
;
(m)
Nonprofits; except that no person shall be issued a new license for this individual line of authority on or after January 1, 2002, pursuant to section
10-2-402
;
(n)
"Personal lines", which means property and casualty insurance sold to individuals and families for primarily noncommercial purposes; or
(o)
Any other line of insurance permitted under state law or regulation.
(2)
(Deleted by amendment, L. 2001, p. 1199, § 14, effective January 1, 2002.)
(3)
An insurance producer license for surplus lines may be issued to resident persons pursuant to article
5
of this title.
Amended by 2014 Ch. 202, § 1, eff. 8/6/2014.
L. 93: Entire article R&RE, p. 1360, § 1, effective 1/1/1995. L. 99: (1)(f) amended, p. 988, § 6, effective 1/1/2000. L. 2001: IP(1), (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), (1)(g), (1)(h), (1)(l), (1)(m), and (2) amended and (1)(n) and (1)(o) added, p. 1199, § 14, effective 1/1/2002. L. 2008: (1)(h) amended, p. 209, § 3, effective March 26. L. 2012: IP(1) amended and (1)(f) repealed, (HB 12-1266), ch. 280, p. 1494, § 9, effective July 1. L. 2014: (1)(k) amended, (HB 14-1185), ch. 202, p. 734, § 1, effective August 6.
This section is similar to former §§ 10-2-104, 10-2-111, 10-2-204, and 10-2-207 as they existed prior to 1993.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-408 - License - contents - continuation due date

(1)
The commissioner shall issue a perpetual insurance producer license to an applicant who has met the requirements of section
10-2-404
.
(2)
The license shall state the name, address, and personal identification number of the licensee, the date of issuance, general conditions relative to expiration or cancellation, the line or lines of insurance covered by the license, and any other information the commissioner deems proper or necessary.
(3)
The license issued to an individual, as a sole proprietor, shall include the trade name under which the licensee acts in the solicitation or negotiation of insurance contracts.
(4)
Subject to continuation, each insurance producer license shall remain in effect unless revoked or suspended as long as the continuation fee as prescribed by the commissioner in accordance with section
10-2-413
is paid and education requirements are met on or before the due date.
(5)
The commissioner shall establish, by rule, the continuation due date and application procedures for continuation of the license and for the acceptance of a late filing fee.
(6)
Any person who holds either a Colorado insurance producer license, a resident surplus lines license, or the equivalent issued by another state or territory that offers Colorado surplus lines producers' nonresident licenses on a reciprocal basis and is deemed by the commissioner to be competent and trustworthy may be licensed as a surplus line producer upon the condition that the producer shall conduct business under the license in accordance with the provisions of this article and shall promptly remit the taxes provided by section
10-5-111
.
(7)
A licensed insurance producer who fails to comply with license continuation or renewal procedures due to military service, long-term medical disability, or any other condition the commissioner deems appropriate, may request a waiver of those procedures. The producer may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with continuation or renewal procedures.
L. 93: Entire article R&RE, p. 1361, § 1, effective 1/1/1995. L. 95: (6) amended, p. 489, § 1, effective May 16. L. 2001: (6) amended and (7) added, p. 1200, § 15, effective 1/1/2002.
This section is similar to former §§ 10-2-104, 10-2-111, and 10-2-207 as they existed prior to 1993.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-409 - License - amendment - reissuance

(1)
An insurance producer licensee shall promptly notify the commissioner, on a form prescribed by the commissioner, of any change that will require amending a license to reflect that change, including without limitation a legal change of the licensee's name, a change of address, or change or removal of a trade name. The commissioner may require the licensee to furnish any documents necessary to verify any change and to properly amend the license.
(2)
Repealed.
L. 93: Entire article R&RE, p. 1362, § 1, effective 1/1/1995. L. 2001: (2) repealed, p. 1201, § 16, effective 1/1/2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-410 - Temporary licensing

(1)
The commissioner may issue a temporary license to an individual to act as an insurance producer for a period not to exceed one hundred eighty days, without requiring an examination, if the commissioner deems that such temporary license authority is necessary for the servicing of an insurance business in the following cases:
(a)
To the surviving spouse or next of kin, or to the executor or an employee, of a licensed insurance producer who becomes deceased;
(b)
To the surviving spouse or next of kin, or to an employee or the legal guardian, of a licensed insurance producer who becomes disabled;
(c)
To a member, employee, or officer of a licensed insurance agency or business entity, licensed as an insurance producer upon the death or disability of an individual designated in or registered as to the agency or business entity license;
(d)
To the designee of a licensed insurance producer upon entering active service in the armed forces of the United States;
(e)
To any person in any other circumstance where the commissioner deems that the public interest will best be served by the issuance of such license.
(2)
The commissioner may, by order, limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee. The commissioner may impose other requirements designed to protect insureds and the public. The commissioner may, by order, revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.
L. 93: Entire article R&RE, p. 1362, § 1, effective 1/1/1995. L. 2001: IP(1) and (1)(c) amended and (2) added, p. 1201, § 17, effective 1/1/2002.
This section is similar to former § 10-2-219 as it existed prior to 1993.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-411 - Duplicate license

The commissioner may issue a duplicate license to any actively licensed insurance producer if such producer's license is lost, stolen, or destroyed upon an affidavit by the producer in a form prescribed and furnished by the commissioner concerning the facts of such loss, theft, or destruction.
L. 93: Entire article R&RE, p. 1362, § 1, effective 1/1/1995. L. 2001: Entire section amended, p. 1202, § 18, effective 1/1/2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › LICENSES (§§ 10-2-101 — 10-2-1101) › Article 2 - LICENSES (§§ 10-2-101 — 10-2-1101) › Part 4 - LICENSING AND APPOINTMENT OF INSURANCE PRODUCERS (§§ 10-2-401 — 10-2-418) › Section 10-2-412 - Change of address - notification

(1)
Individual and insurance agency producer licensees shall inform the commissioner in writing, in a form prescribed by the commissioner, of any change of address within thirty days after the change.
(2)
Failure of any licensee to inform the commissioner of any change to the licensee's address of record or residence address shall be grounds for the assessment of a penalty.
L. 93: Entire article R&RE, p. 1362, § 1, effective 1/1/1995. L. 2001: Entire section amended, p. 1202, § 19, effective 1/1/2002.