reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-621 - Required coverages are minimum

(1)
Nothing in this part 6 shall be construed to prohibit the issuance of policies providing coverages more extensive than the minimum coverage required by section
10-4-620
, nor to require the segregation of such minimum coverage from other coverages in the same policy. However, loss statistics as to bodily injury liability and property damage liability shall be kept separately for rating purposes, and such statistics shall be filed with the commissioner each year.
(2)
On and after January 1, 2005, all insurers shall offer collision coverage for damage to insured motor vehicles subject to deductibles of one hundred dollars and two hundred fifty dollars. Insurers may offer such other reasonable deductibles as they deem appropriate. Collision coverage shall provide insurance without regard to fault against accidental property damage to the insured motor vehicle with another motor vehicle or motor vehicle caused by physical contact of the insured with another object or by upset of the insured motor vehicle, if the accident occurs within the United States or its territories or possessions.
(3)
No insurer may surcharge, refuse to write, cancel, or nonrenew a complying policy of automobile insurance based solely on the method of compliance or level of coverage chosen, as long as the requirements are met under section
42-3-105 (1)(d)(I) or (1)(f)
, C.R.S.
L. 2003: Entire section added, p. 1561, § 3, effective July 1. L. 2004: (2) amended, p. 173, § 1, effective 1/1/2005. L. 2006: (3) amended, p. 1491, § 14, effective June 1.
This section was originally numbered as §
10-4-618
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-622 - Required provision for intrastate and interstate operation

(1)
Notwithstanding any of its terms and conditions, every complying policy shall afford coverage at least as extensive as the minimum coverage required by section
10-4-620
.
(2)
Nothing in this section shall be construed to require that a complying policy provide coverage while the insured motor vehicle is operated in other jurisdictions by reason of any program, statute, law, or administrative rule in effect in such other jurisdiction by which coverage is afforded in such other jurisdiction through a government agency or publicly financed auto accident reparations plan such as, by way of illustration and not limitation, plans presently in effect in the province of Saskatchewan, Canada, and the commonwealth of Puerto Rico, U.S.A.
(3)
On and after January 1, 2005, notwithstanding any of its other terms and conditions, every complying policy shall afford coverage at least as extensive as the minimum coverage required by operation of section
10-4-620
, during such periods of time as the insured motor vehicle is operated in other jurisdictions of the United States or its territories or possessions, as the statutes, laws, or administrative rules of such other jurisdictions require with respect to liability or financial responsibility and direct benefit or first-party coverages for operators, occupants, and persons involved in accidents arising out of use or operation of motor vehicles within such other jurisdictions.
(4)
(a)
Notwithstanding any of its other terms and conditions, every contract of liability insurance for injury, wherever issued, covering ownership, maintenance, or use of a motor vehicle, shall provide coverage at least as extensive as the minimum coverages required by operation of section
10-4-620
, and qualifies as security covering the vehicle while it is in this state.
(b)
An insurer authorized to transact or transacting business in this state may not exclude the minimum coverage required by operation of section
10-4-620
in any contract of liability insurance for injury, wherever issued, covering ownership, maintenance, or use of a motor vehicle while it is in this state.
L. 2003: Entire section added, p. 1561, § 3, effective July 1. L. 2004: (2) amended, p. 902, § 22, effective May 21; (3) amended, p. 173, § 2, effective 1/1/2005.
This section was originally numbered as §
10-4-619
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-623 - Conditions and exclusions

(1)
The coverage described in section
10-4-620
may be subject to conditions and exclusions that are not inconsistent with the requirements of this part 6.
(2)
The coverage described in section
10-4-620
may also be subject to exclusions where the injured person:
(a)
Sustains injury caused by his or her own intentional act; or
(b)
Is operating a motor vehicle as a converter without a good faith belief that he or she is legally entitled to operate or use such vehicle.
(3)
(a)
The coverage described in section
10-4-620
is conditioned upon the insurer offering coverages pursuant to section
10-4-609(1)
.
(b)
The insurer shall be deemed to have complied with the requirements of section
10-4-609(1)
and the exclusion of the insured from uninsured motorist coverage shall be deemed valid if the named insured has rejected the uninsured motorist coverage in writing. Such exclusion shall be continuing until such time as the insured requests that the insurer provide uninsured motorist coverage. The insurer shall not have a duty to offer uninsured motorist coverage after receiving the insured's written request for exclusion even though:
(I)
The vehicles insured under the policy have changed; or
(II)
The policy is reinstated, transferred, substituted, amended, altered, modified, replaced, or renewed.
(c)
The insurer shall be deemed to have complied with section
10-4-609(1)
and the insured's uninsured motorist coverage shall be deemed valid if the insurer has offered coverage at available levels and the insured has selected coverage of a certain value. The insurer shall not have a duty to offer changes in uninsured motorist coverage to the insured even though:
(I)
The vehicles covered under the policy have changed; or
(II)
The policy is reinstated, transferred, substituted, amended, altered, modified, replaced, or renewed; except that, if there is an increase in bodily injury liability limits and the limits of the uninsured motorist coverage would be less than such limits, the insurer shall offer new uninsured motorist coverage to the insured pursuant to section
10-4-609(2)
.
L. 2003: Entire section added, p. 1562, § 3, effective July 1.
This section was originally numbered as §
10-4-620
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-624 - Self-insurers

(1)
Any person in whose name more than twenty-five motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the commissioner.
(2)
The commissioner may, in his or her discretion, upon the application of such person, issue a certificate of self-insurance when the commissioner is satisfied that such person is able and will continue to be able to pay benefits as required under section
10-4-620
and to pay any and all judgments that may be obtained against such person. Upon not less than five days' notice and a hearing pursuant to such notice, the commissioner may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any benefits under section
10-4-620
or failure to pay any judgment within thirty days after such judgment has become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
(3)
For purposes of subsection (2) of this section, the commissioner shall accept, as proof that a motor carrier as defined in article
10.1
of title
40
, C.R.S., is able and will continue to be able to pay all judgments that might be obtained against the carrier, a surety bond in a form acceptable to the commissioner in an amount determined by the commissioner sufficient to ensure that the carrier has the ability to pay all judgments that may be obtained against any such carrier.
L. 2003: (2) amended, p. 2433, § 3, effective June 5; entire section added, p. 1563, § 3, effective July 1. L. 2011: (3) amended, (HB 11-1198), ch. 127, p. 417, §6, effective August 10.
This section was originally numbered as §
10-4-621
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-625 - Premium payments

The commissioner shall issue rules establishing monthly, quarterly, semiannual, and annual premium payments for persons who are required to purchase insurance under this part 6. An insurer providing a plan for payments on a basis that is more frequent than quarterly need not also provide a quarterly payment plan. An insurer's plan for payments may provide for payment of an advance deposit premium.
L. 2003: Entire section added, p. 1563, § 3, effective July 1. L. 2008: Entire section amended, p. 386, § 1, effective August 5.
This section was originally numbered as §
10-4-622
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-626 - Prohibited reasons for nonrenewal or refusal to write policy of automobile insurance applicable to this part 6

(1)
An insurer authorized to transact or transacting business in this state shall not refuse to write or refuse to renew a policy of insurance affording the coverage required by section
10-4-620
solely because of the age, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, residence, marital status, or lawful occupation, including the military service, of anyone who is or seeks to become insured or solely because another insurer has canceled a policy or refused to write or renew such policy. The commissioner shall administer and enforce this subsection (1).
(2)
Nothing in this section shall be construed to prohibit an insurance company authorized to transact or transacting business in this state from issuing policies of insurance affording the coverage required by operation of section
10-4-620
solely to a specialty market authorized by the commissioner.
Amended by 2021 Ch. 156,§ 15, eff. 9/7/2021.
L. 2003: Entire section added, p. 1563, § 3, effective July 1. L. 2008: (1) amended, p. 1599, § 13, effective May 29.
This section was originally numbered as §
10-4-623
in House Bill 03-1188 but has been renumbered on revision for ease of location.
For the legislative declaration contained in the 2008 act amending subsection (1), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-627 - Discriminatory standards - premiums - surcharges - proof of financial responsibility requirements

(1)
An insurer shall not:
(a)
Cancel or nonrenew, or increase the premium of, a policy of insurance on a motor vehicle used by any resident of the household of the named insured solely because of convictions for traffic violations that resulted in less than seven points being assessed under the point system schedule set forth in section
42-2-127(5)
, C.R.S., resulting from violations while in the course of employment while the insured is driving a motor vehicle used primarily as a public or livery conveyance or licensed as a commercial vehicle; or
(b)
Add a surcharge to the policy premium of an insured or a family member of an insured or other person living in the same household as an insured in a manner that results in an excessive or unfairly discriminatory premium pursuant to section
10-4-403
.
(2)
This section shall not be construed to limit or in any manner restrict an insurer from canceling or refusing to issue or renew a policy of insurance or from increasing the premium of an insured on a motor vehicle used by him or her for commercial purposes or from reclassifying an insured for traffic violations received by the insured while using a motor vehicle for commercial purposes.
L. 2003: Entire section added, p. 1564, § 3, effective July 1.
This section was originally numbered as §
10-4-624
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-630 - Exclusion of named driver

(1)
In any case where an insurer is authorized under this part 6 to cancel or refuse to renew or increase the premiums on an automobile liability insurance policy under which more than one person is insured because of the claim experience or driving record of one or more but less than all of the persons insured under the policy, the insurer shall in lieu of cancellation, nonrenewal, or premium increase offer to continue or renew the insurance but to exclude from coverage, by name, the person whose claim experience or driving record would have justified the cancellation or nonrenewal. The premiums charged on any such policy excluding a named driver shall not reflect the claims, experience, or driving record of the excluded named driver.
(2)
With respect to any person excluded from coverage under this section, the policy may provide that the insurer shall not be liable for damages, losses, or claims arising out of this operation or use of the insured motor vehicle, whether or not such operation or use was with the express or implied permission of a person insured under the policy.
L. 2003: Entire section added, p. 1568, § 3, effective July 1.
This section was originally numbered as §
10-4-627
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-631 - [Repealed]

Repealed by 2017 Ch. 283,§17, eff. 6/1/2017.
L. 2003: Entire section added, p. 1568, § 3, effective July 1. L. 2017: Entire section repealed, (SB 17-249), ch. 283, p. 1548, § 17, effective June 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-633 - Certification of policy and notice forms

(1)
All insurers providing automobile insurance and who are authorized by the commissioner to conduct business in Colorado shall submit an annual report to the commissioner listing any policy forms, endorsements, cancellation notices, renewal notices, disclosure forms, notices of proposed premium increases, notices of proposed reductions in coverage, and such other forms as may be requested by the commissioner issued or delivered to any policyholder in Colorado. Such listing shall be submitted no later than July 1 of each year and shall contain a certification by an officer of the organization that to the best of the officer's knowledge each policy form, endorsement, or notice form in use complies with Colorado law. The necessary elements of the certification shall be determined by the commissioner.
(2)
All insurers providing automobile insurance and who are authorized by the commissioner to conduct business in Colorado shall also submit to the commissioner a list of any new policy form, endorsement, cancellation notice, renewal notice, disclosure form, notice of proposed premium increase, notice of proposed reductions in coverage, and any other form as may be requested by the commissioner at least thirty-one days before using such policy form, endorsement, cancellation notice, renewal notice, disclosure form, notice of proposed premium increase, notice of proposed reductions in coverage, and any other form as may be requested by the commissioner. Such listing shall also contain a certification by an officer of the organization that to the best of the officer's knowledge each new policy form, endorsement, or notice form proposed to be used complies with Colorado law. The necessary elements of the certification shall be determined by the commissioner.
(3)
The commissioner shall have the power to examine and investigate insurers authorized to conduct business in Colorado to determine whether automobile policy forms, endorsements, cancellation notices, renewal notices, disclosure forms, notices of proposed premium increases, notices of proposed reductions in coverage, and such other forms as may be requested by the commissioner comply with the certification of the organization and statutory mandates.
L. 2003: Entire section added, p. 1570, § 3, effective July 1.
This section was originally numbered as §
10-4-630
in House Bill 03-1188 but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-637 - No discrimination by profession

Reimbursement for lawfully performed health-care services covered by a policy providing medical payments coverage under a motor vehicle policy issued pursuant to this part 6 shall not be denied when such services are a covered benefit and rendered within the scope of practice for a licensed health-care provider; a massage therapist, as defined in section
12-235-104 (5)
; an occupational therapist, as defined in section
12-270-104 (9)
; or an occupational therapy assistant, as defined in section
12-270-104 (11)
, performing the services.
Amended by 2021 Ch. 4, § 4, eff. 1/21/2021.
Amended by 2019 Ch. 136, § 36, eff. 10/1/2019.
L. 2004: Entire section added, p. 530, § 1, effective 1/1/2005. L. 2007: Entire section amended, p. 2019, § 9, effective June 1. L. 2008: Entire section amended, p. 830, § 6, effective July 1; entire section amended, p. 1994, § 4, effective July 1. L. 2010: Entire section amended, (HB 10-1220), ch. 855, p. 855, § 21, effective July 1. L. 2019: Entire section amended, (HB 19-1172), ch. 1652, p. 1652, § 36, effective October 1.
Amendments to this section by Senate Bill 08-152 and Senate Bill 08-219 were harmonized.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-638 - Retroactive adjustment of health-care service claims

(1)
Twelve months or more after the date a claim is paid for health-care services performed pursuant to this part 6, an insurer may not retroactively adjust the payment of the claim.
(2)
Adjustments to claims made pursuant to a policy providing for medical payments coverage in cases where a carrier has reported fraud or abuse, pursuant to section
10-1-128 (5)(a)(IV)
, committed by the provider shall not be subject to the requirements of subsection (1) of this section.
L. 2004: Entire section added, p. 530, § 1, effective 1/1/2005.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-639 - Claims practices for property damage

(1)
An insurer shall pay title fees, sales tax, and any other transfer or registration fee associated with the total loss of a motor vehicle.
(2)
An insurer shall clearly disclose to an insured or inform a third-party claimant what benefits are provided related to towing and storage of a motor vehicle that sustains property damage and shall specifically advise an insured or third-party claimant concerning excess charges that may be incurred related to towing and storage of a motor vehicle for which the insured or third-party claimant may be responsible.
(3)
An insurer shall establish a fair and consistent method for determining total loss of a motor vehicle. Such method shall include consideration of unique characteristics of the motor vehicle and a credible source of valuation. An insurer shall maintain a record of its methodology for determining total loss evaluation and provide such methodology to the commissioner upon request. The commissioner may promulgate rules for the administration and enforcement of this subsection (3). An insurer may not use different credible sources of valuation only to determine the lowest amount payable for the total loss of the motor vehicle.
(4)
The commissioner shall promulgate rules concerning when payments for any applicable replacement motor vehicle shall be made by an insurer and collision waivers for third-party claimant coverage.
L. 2004: Entire section added, p. 895, § 4, effective May 21.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-641 - Rules - medical payments coverage

(1)
The commissioner shall promulgate any necessary rules for the administration of medical payments coverage and coordination of benefits and the implementation of section
10-4-636 (4)
concerning disclosures required to be made regarding medical payments coverage and the definition of commercial automobile insurance policies for purposes of the exception allowed in section
10-4-636 (8)
. Medical payments coverage shall be primary to any health insurance benefit of a person injured in a motor vehicle accident, and medical payments coverage shall apply to any coinsurance or deductible amount required by the injured person's health coverage plan, as defined in section
10-16-102 (34)
.
(2)
Repealed.
L. 2004: Entire section added, p. 1340, § 1, effective May 28. L. 2005: (2) repealed, p. 468, § 3, effective July 1; (1) amended, p. 468, § 2, effective 1/1/2006. L. 2006: (1) amended, p. 40, § 5, effective 1/1/2007. L. 2013: (1) amended, (HB 13-1266), ch. 217, p. 986, § 44, effective May 13.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-643 - Electronic claim forms - rules

The commissioner may promulgate rules, consistent with section
10-4-642
, for an insurer to accept claim forms for medical payments coverage benefits from health-care providers in electronic form. An insurer shall not prohibit the submission of a medical payments coverage benefit claim in hard-copy form, nor shall an insurer be prohibited from requiring that a claim be submitted in hard-copy form. An insurer shall not require submission of a medical payments coverage benefit claim form other than those set forth in section
10-4-642
.
L. 2004: Entire section added, p. 1098, § 1, effective July 1.
This section was originally numbered as §
10-4-635
in Senate Bill 04-125, but has been renumbered on revision for ease of location.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 7 - [Repealed] MOTOR VEHICLE (“NO-FAULT”) › Section 10-4-701 - to 10-4-726 - [Repealed]

(1) This part 7 was numbered as article 25 of chapter 13, C.R.S. 1963.
(2) Section 10-4-726 provided for the repeal of this part 7, effective July 1, 2003. (See L. 2002, p. 649.)
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 8 - [Repealed] MEDICAL LIABILITY EXTRAORDINARY LOSS FUND (§ 10-4-801) › Section 10-4-801 - to 10-4-808 - [Repealed]

L. 91: Entire part repealed, p. 1166, § 1, effective April 11.
This part 8 was added in 1976 and was not amended prior to its repeal in 1991.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 9 - [Repealed] MEDICAL MALPRACTICE INSURANCE - JOINT UNDERWRITING ASSOCIATION (§ 10-4-901) › Section 10-4-901 - to 10-4-913 - [Repealed]

L. 2010: Entire part repealed, (HB 10 -1220), ch. 197, p. 853, § 12, effective July 1.
This part 9 was added in 1976.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1001 - Short title

This part 10 shall be known and may be cited as the "Fraudulent Claims and Arson Information Reporting Act".
L. 79: Entire part added, p. 390, § 1, effective June 7. L. 93: Entire part amended, p. 393, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1002 - Definitions

As used in this part 10, unless the context otherwise requires:
(1)
"Authorized agency" means:
(a)
A fire department;
(b)
The Colorado bureau of investigation, the office of the attorney general, and any other law enforcement agency authorized or charged with the investigation of crimes;
(c)
Any district attorney or county attorney and their representatives; and
(d)
Any professional licensing board or regulatory agency, including, without limitation, the division of insurance.
(1.5)
"Fraudulent insurance act" has the meaning set forth in section
10-1-128
or means the commission of insurance fraud pursuant to section
18-5-211
, C.R.S.
(2)
"Insurer" means any insurer and any person licensed or regulated under this title and Pinnacol Assurance.
(3)
"Notice" or "notify" means the notification in writing to an authorized agency by an insurer.
(4)
"Person" means every natural person, firm, partnership, association, or corporation.
(5)
"Relevant" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
(6)
"Secondary agency" means any for-profit or nonprofit organization funded directly or indirectly by insurers that engages in the gathering and dissemination of information concerning insurance fraud and that has an established process in place to affirmatively forward information to an authorized agency for further investigation and prosecution. The commissioner, by rule, shall designate which organizations are secondary agencies.
Amended by 2014 Ch. 190,§ 3, eff. 7/1/2014.
Amended by 2013 Ch. 310,§ 1, eff. 8/7/2013.
L. 79: Entire part added, p. 390, § 1, effective June 7. L. 93: Entire part amended, p. 393, § 3, effective July 1. L. 2000: (1) amended and (1.5) added, p. 1734, § 1, effective June 1. L. 2002: (2) amended, p. 1891, § 49, effective July 1. L. 2003: (1.5) amended, p. 617, § 13, effective July 1. L. 2013: (6) added, (HB 13-1262), ch. 310, p. 1638, § 1, effective August 7. L. 2014: (1.5) amended, (SB 14-092), ch. 190, p. 710, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1004 - Evidence - confidential

(1)
Any authorized agency, secondary agency, or insurer which receives any information furnished pursuant to this part 10 shall hold the information in confidence except as provided in section
10-4-1003(4)
or until such time as its release is required pursuant to a civil or criminal proceeding.
(2)
Any authorized agency or its agents or employees may be required to testify in any civil or criminal proceeding in which the insurer at interest is named as a party.
Amended by 2013 Ch. 310,§ 3, eff. 8/7/2013.
L. 79: Entire part added, p. 391, § 1, effective June 7. L. 93: Entire part amended, p. 395, § 3, effective July 1. L. 2013: (1) amended, (HB 13-1262), ch. 310, p. 1639, § 3, effective August 7.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1005 - Immunity

(1)
In the case of actions taken under this part 10, and except where information is furnished with knowledge that the information is false or with reckless disregard for its truth or falsity, there may be no civil penalty or damages on the part of, and no claim for relief may be brought against, any person, insurer, or authorized agency or secondary agency for furnishing information or taking other action pursuant to the provisions of this part 10.
(2)
Every person, insurer, and authorized agency and secondary agency is immune from civil liability when acting in good faith to cooperate with, furnish evidence to or on behalf of, provide information to, or solicit or receive information from, any of the following with regard to an actual or suspected fraudulent insurance act:
(a)
An agency of the federal or any state, county, or municipal government that is involved in the detection, prosecution, or prevention of arson or insurance fraud;
(a.5)
Any secondary agency;
(b)
Any employee or agent of an agency listed in subsection (2)(a) or (2)(a.5) of this section; and
(c)
Another insurer, if acting in accordance with section
10-4-1003(8)(c)
solely for the purpose of detecting, investigating, preventing, or prosecuting an actual or suspected fraudulent insurance act. Information so provided may not be used for underwriting or rating purposes except in connection with an application or policy under which a fraudulent insurance act was committed.
(3)
Every person, insurer, and authorized agency and secondary agency is immune from civil liability when acting in good faith to comply with a court order to provide evidence or testimony with regard to an actual or suspected fraudulent insurance act; except that such immunity does not apply to a person or insurer that has committed, or has conspired in or aided and abetted the commission of, such fraudulent insurance act.
(4)
The immunity granted by this section shall be in addition to, and not in lieu of, any right, privilege, or immunity available under the common law or any other applicable statute or rule.
Amended by 2017 Ch. 68,§ 3, eff. 8/9/2017.
L. 79: Entire part added, p. 391, § 1, effective June 7. L. 93: Entire part amended, p. 395, § 3, effective July 1. L. 94: Entire section R&RE, p. 328, § 3, effective July 1. L. 2000: Entire section amended, p. 1736, § 3, effective June 1. L. 2017: (1), (2), and (3) amended, (HB 17-1048), ch. 68, p. 215, § 3, effective August 9.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1006 - Enforcement

(1)
No person, authorized agency, or insurer shall:
(a)
Intentionally or knowingly refuse to release any information requested pursuant to section
10-4-1003(2)
;
(b)
Intentionally or knowingly fail to provide authorized agencies with relevant information pursuant to section
10-4-1003(1)
; or
(c)
Fail to hold in confidence information required to be held in confidence pursuant to section
10-4-1004(1)
.
L. 79: Entire part added, p. 391, § 1, effective June 7. L. 93: Entire part amended, p. 395, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1007 - Penalty

Any person who violates any of the provisions of this part 10 commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
, C.R.S.
L. 79: Entire part added, p. 392, § 1, effective June 7. L. 93: Entire part amended, p. 396, § 3, effective July 1. L. 2002: Entire section amended, p. 1468, § 26, effective October 1.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1008 - Municipal ordinances - concurrent jurisdiction - common law

(1)
The provisions of this part 10 shall not be construed to affect, supersede, or repeal any ordinance of any municipality relating to fire prevention or control of arson.
(2)
The Colorado bureau of investigation shall have investigative authority concurrent with that of county or municipal authorities when the county or municipality in which investigation of a fire loss or other claim is taking place requests the assistance of said bureau.
(3)
With the exception of section
10-4-1005
, the provisions of this part 10 shall not be construed to impair any existing statutory or common law rights, immunities, privileges, or powers.
L. 79: Entire part added, p. 392, § 1, effective June 7. L. 93: Entire part amended, p. 396, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 10 - FRAUDULENT CLAIMS AND ARSON INFORMATION REPORTING ACT (§§ 10-4-1001 — 10-4-1009) › Section 10-4-1009 - Continuing duties of insurers - unfair claim settlement practices

The provisions of this part 10 shall not be construed to affect or supersede the duties of insurers and other persons pursuant to the provisions of part 11 of article
3
of this title.
L. 93: Entire part amended, p. 396, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 11 - [Repealed] COMMERCIAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION (§ 10-4-1101) › Section 10-4-1101 - to 10-4-1114 - [Repealed]

L. 2010: Entire part repealed, (HB 10 -1220), ch. 197, p. 853, § 13, effective July 1.
This part 11 was added in 1987.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 12 - TRANSACTION OF BUSINESS WITH PRODUCER-CONTROLLED PROPERTY AND CASUALTY INSURERS (§§ 10-4-1201 — 10-4-1206) › Section 10-4-1201 - Definitions

As used in this part 12, unless the context otherwise requires:
(1)
"Accredited state" means a state in which the insurance department has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the national association of insurance commissioners ("NAIC").
(2)
"Control" or "controlled" has the meaning set forth in section
10-3-801 (3)
.
(3)
"Controlled insurer" means a licensed insurer which is controlled, directly or indirectly, by a producer.
(4)
"Controlling producer" means a producer who, directly or indirectly, controls an insurer.
(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" or "licensed insurer" means any person, firm, association, or corporation duly licensed to transact a property and casualty insurance business in this state. The following are not licensed insurers for the purposes of this part 12, and this list is not exclusive:
(a)
All risk retention groups as defined in the "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499, 100 Stat. 1613 (1986), the "Liability Risk Retention Act of 1986",
15 U.S.C. sec. 3901
et seq., and the "Model Risk Retention Act", part 14 of article
3
of this title;
(b)
All residual market pools and joint underwriting authorities or associations; and
(c)
All captive insurers. For the purposes of this part 12, "captive insurers" are insurance companies owned by another organization and whose exclusive purpose is to insure risks of the parent organization and affiliated companies, or, in the case of groups and associations, captive insurers are insurance organizations owned by the insureds whose exclusive purpose is to insure risks to member organizations, or to group members and their affiliates, or to both.
(7)
"Producer" means an insurance broker or brokers or any other person, firm, association, or corporation when, for any compensation, commission, or other thing of value, such person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the said person, firm, association, or corporation.
Amended by 2020 Ch. 216, § 13, eff. 6/30/2020.
L. 92: Entire part added, p. 1486, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 12 - TRANSACTION OF BUSINESS WITH PRODUCER-CONTROLLED PROPERTY AND CASUALTY INSURERS (§§ 10-4-1201 — 10-4-1206) › Section 10-4-1203 - Disclosure

The producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer; except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain, as part of the controlling producer's records, a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has notified or will notify the insured.
L. 92: Entire part added, p. 1490, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 12 - TRANSACTION OF BUSINESS WITH PRODUCER-CONTROLLED PROPERTY AND CASUALTY INSURERS (§§ 10-4-1201 — 10-4-1206) › Section 10-4-1204 - Penalties

(1)
(a)
If the commissioner believes that the controlling producer or any other person has not materially complied with this part 12 or with any regulation or order promulgated pursuant thereto, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer.
(b)
If it was found that, because of such material noncompliance, the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or for other appropriate relief.
(2)
If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to part 5 of article
3
of this title, and the receiver appointed under such order believes that the controlling producer or any other person has not materially complied with this part 12 or with any regulation or order promulgated pursuant thereto and that, as a result, the insurer suffered any loss or damage, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.
(3)
Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the laws of this state governing insurance.
(4)
Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties.
L. 92: Entire part added, p. 1490, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 12 - TRANSACTION OF BUSINESS WITH PRODUCER-CONTROLLED PROPERTY AND CASUALTY INSURERS (§§ 10-4-1201 — 10-4-1206) › Section 10-4-1205 - Applicability

This part 12 shall apply to licensed insurers as defined in section
10-4-1201(6)
, whether domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All provisions of part 8 of article
3
of this title, to the extent they are consistent with the provisions of this part 12, shall continue to apply to all parties within holding company systems subject to this title.
L. 92: Entire part added, p. 1491, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 12 - TRANSACTION OF BUSINESS WITH PRODUCER-CONTROLLED PROPERTY AND CASUALTY INSURERS (§§ 10-4-1201 — 10-4-1206) › Section 10-4-1206 - Effective date

This part 12 shall take effect July 1, 1992. Controlled insurers and controlling producers who are not in compliance with section
10-4-1202
as of such date shall have sixty days thereafter to come into compliance with said section and shall, in addition, comply with section
10-4-1203
beginning with all policies written or renewed on or after the sixty-first day after the said date.
L. 92: Entire part added, p. 1491, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 13 - BLACK LUNG DISEASE INSURANCE JOINT UNDERWRITING ASSOCIATION (§§ 10-4-1301 — 10-4-1311) › Section 10-4-1301 - Legislative declaration

The purpose of this part 13 is to ensure the continuing availability of necessary black lung insurance in this state by establishing a temporary market for black lung insurance coverage. It is intended that the nonprofit temporary joint underwriting association created by this part 13 operate on a self-supporting basis, without subsidy from its members, to make the necessary black lung insurance available for an interim period in order to allow the voluntary market to respond or to provide additional time to the general assembly to consider appropriate remedial legislation addressing the problems of availability and high cost of black lung insurance.
L. 95: Entire part added, p. 731, § 1, effective May 23.
2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Article 4 - PROPERTY AND CASUALTY INSURANCE (§§ 10-4-101 — 10-4-1909) › Part 13 - BLACK LUNG DISEASE INSURANCE JOINT UNDERWRITING ASSOCIATION (§§ 10-4-1301 — 10-4-1311) › Section 10-4-1302 - Definitions

As used in this part 13, unless the context otherwise requires:
(1)
"Association" means the joint underwriting association created pursuant to this part 13.
(2)
"Black lung insurance" means any insurance policy providing coverage to employers subject to the "Federal Coal Mine Health and Safety Act of 1969",
30 U.S.C. secs. 931
to
942
, as amended.
(3)
"Board" means the board of directors of the association.
L. 95: Entire part added, p. 731, § 1, effective May 23.