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 4 - RATE REGULATION (§§ 10-4-401 — 10-4-421) › Section 10-4-416 - Prohibiting changes in rates or coverages

In any case involving insurance subject to this part 4 on which an insured has prepaid a premium for the issuance of a policy of insurance for a specified policy period, the insurer shall not increase unilaterally, during said policy period, the rate charged nor decrease the coverage benefits provided unless there is a change in risk during the policy term attributable to any act or acts of the insured or the risk to be insured was misrepresented by the insured. This section shall not prohibit cancellation of a policy for any reason otherwise permitted by the policy or by law during an initial policy period of not to exceed sixty days.
L. 79: Entire part R&RE, p. 373, § 8, effective July 1.
This section is similar to former § 10-4-315 as it existed prior to 1979.
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 4 - RATE REGULATION (§§ 10-4-401 — 10-4-421) › Section 10-4-417 - False or misleading information

No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization, or any insurer which will affect the rates or premiums chargeable under this part 4.
L. 79: Entire part R&RE, p. 374, § 8, effective July 1.
This section is similar to former § 10-4-214 as it existed prior to 1979.
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 4 - RATE REGULATION (§§ 10-4-401 — 10-4-421) › Section 10-4-419.5 - Workers' compensation form certification

An insurance carrier writing workers' compensation insurance in this state shall comply with section
8-44-102
, C.R.S.
Added by 2014 Ch. 78,§ 3, eff. 8/6/2014.
L. 2014: Entire section added, (SB 14-137), ch. 78, p. 317, § 3, effective August 6.
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 4 - RATE REGULATION (§§ 10-4-401 — 10-4-421) › Section 10-4-420 - Risk management procedures

Every insurer writing commercial property and casualty insurance in this state shall establish procedures to promote the use of loss control programs, safety programs, and other methods of risk management by its insureds to the extent feasible or practicable for the individual insured.
L. 88: Entire section added, p. 402, § 1, effective April 29.
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 4 - RATE REGULATION (§§ 10-4-401 — 10-4-421) › Section 10-4-421 - Notice of rate increases and decreases

(1)
In the event that a rate filing for type II insurance for commercial liability includes a rate increase or decrease, the filing entity shall clearly identify in a cover letter accompanying the rate filing the specific portion of the rate filing that represents such an increase or decrease and shall state clearly the percentage of any such proposed increase or decrease.
(2)
This section shall not apply to insurers providing coverage for exempt commercial policyholders, as defined pursuant to section
10-4-1402
and rules adopted by the commissioner pursuant to that section.
L. 88: Entire section added, p. 404, § 1, effective May 17. L. 99: Entire section amended, p. 388, § 8, effective 1/15/2000.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-501 - Short title

This part 5 shall be known and may be cited as the "Colorado Insurance Guaranty Association Act".
L. 71: p. 756, § 1. C.R.S. 1963: § 72-34-1.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-502 - Legislative declaration

The purposes of this part 5 are to provide a mechanism for the payment of covered claims under certain insurance policies, to avoid excessive delay in payment and financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers.
L. 71: p. 756, § 1. C.R.S. 1963: § 72-34-2.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-504 - Scope

This part 5 shall apply to all kinds of direct insurance, except life, title, surety, sickness and accident, disability, credit, mortgage guaranty, financial guaranty, and ocean marine insurance.
L. 71: p. 756, § 1. C.R.S. 1963: § 72-34-3. L. 77: Entire section amended, p. 513, § 4, effective May 27. L. 89: Entire section amended, p. 454, § 1, effective April 17. L. 99: Entire section amended, p. 87, § 2, effective August 4.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-505 - Construction

This part 5 shall be liberally construed to effect the purposes enumerated in section
10-4-502
, which section shall constitute an aid and guide to interpretation.
L. 71: p. 756, § 1. C.R.S. 1963: § 72-34-4.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-506 - Colorado insurance guaranty association

There is created a nonprofit unincorporated legal entity to be known as the Colorado insurance guaranty association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance business in this state. The association shall perform its functions under a plan of operation established and approved under section
10-4-509
and shall exercise its powers through a board of directors established under section
10-4-507
. For purposes of administration and assessment, the association shall be divided into three separate accounts: Workers' compensation insurance account; automobile insurance account; and the account for all other insurance to which this part 5 applies.
L. 71: p. 757, § 1. C.R.S. 1963: § 72-34-6. L. 90: Entire section amended, p. 559, § 17, 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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-507 - Board of directors

(1)
The board of directors of the association shall consist of not less than five nor more than nine persons serving terms as established in the plan of operation. The members of the board shall be selected by member insurers, subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term in the same manner as initial appointments.
(2)
In approving selections to the board, the commissioner shall consider among other things whether all member insurers are fairly represented.
(3)
Members of the board may be reimbursed from the assets of the association for actual and necessary expenses incurred by them as members of the board of directors.
L. 71: p. 757, § 1. C.R.S. 1963: § 72-34-7.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-508.5 - Aggregate liability of association

(1)
(a)
Notwithstanding any other provisions of this part 5, except in the case of a claim for benefits under workers' compensation coverage, any obligation of the association to any and all persons shall cease when ten million dollars shall have been paid in the aggregate by the association and any one or more associations similar to the association of any other state or states or any property/casualty insurance security fund that obtains contributions from insurers on a pre-insolvency basis, to or on behalf of any insured and its affiliates on covered claims or allowed claims arising under the policy or policies of any one insolvent insurer.
(b)
For purposes of this section, the term "affiliate" shall mean a person who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person.
(2)
If the association determines that there may be more than one claimant having a covered claim or allowed claim against the association or any associations similar to the association or any property/casualty insurance security fund in other states, under the policy or policies of any one insolvent insurer, the association may establish a plan to allocate amounts payable by the association in such manner as the association in its discretion deems equitable.
L. 99: Entire section added, p. 87, § 3, effective August 4.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-510 - Duties and powers of commissioner

(1)
The commissioner shall:
(a)
Notify the association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvency;
(b)
Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.
(2)
The commissioner may:
(a)
Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this part 5. Such notification shall be by first-class mail at their last known addresses, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient.
(b)
Require each agent of the insolvent insurer to give prompt written notice to each insured of the insolvent insurer for whom he was agent of record by sending such notice by first-class mail to the insured's last known address;
(c)
Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. Such fine shall not exceed five percent of the unpaid assessment per month; except that no fine shall be less than one hundred dollars per month.
(d)
Revoke the designation of any servicing facility if he finds claims are being handled unsatisfactorily.
(3)
Any final action or order of the commissioner under this part 5 shall be subject to judicial review by the court of appeals pursuant to section
24-4-106(11)
, C.R.S.
L. 71: p. 760, § 1. C.R.S. 1963: § 72-34-10. L. 92: (3) amended, p. 1559, § 60, effective May 20.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-512 - Nonduplication of recovery

(1)
Any person having a claim against an insurer under any provision in any insurance policy that is also a covered claim shall exhaust first the person's right under such policy. Any amount payable on a covered claim under this part 5 is reduced by the amount recoverable under such insurance policy.
(2)
Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured; except that, if it is a first-party claim for damage to property with a permanent location, recovery shall be sought from the association of the location of the property, and, if it is a workers' compensation claim, recovery shall be sought from the association of the residence of the claimant. A claimant or first-party insured who has received a recovery from any other guaranty association or its equivalent in an amount equal to or greater than the recovery allowed under this part 5 shall not be eligible to receive any recovery from the Colorado insurance guaranty association. In addition, any recovery under this part 5 shall be reduced by the amount of the recovery from any other insurance guaranty association or its equivalent.
L. 71: p. 761, § 1. C.R.S. 1963: § 72-34-12. L. 89: (2) amended, p. 454, § 2, effective April 17. L. 90: (2) amended, p. 559, § 19, effective July 1. L. 99: (2) amended, p. 88, § 6, effective August 4. L. 2011: (1) amended, (HB 11-1041), ch. 14, p. 40, §3, effective August 10.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-514 - Examination of association

The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
L. 71: p. 762, § 1. C.R.S. 1963: § 72-34-14.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-515 - Tax exemption

The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property.
L. 71: p. 762, § 1. C.R.S. 1963: § 72-34-15.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-516 - Recognition of assessments in rates

The rates and premiums charged for insurance policies to which this part 5 applies shall include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer, less any amounts returned to the member insurer by the association, and such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer.
L. 71: p. 762, § 1. C.R.S. 1963: § 72-34-16.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-517 - Immunity

There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, or the commissioner or his representatives for any action taken by them in the performance of their powers and duties under this part 5.
L. 71: p. 763, § 1. C.R.S. 1963: § 72-34-17.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-518 - Stay of proceedings

All proceedings to which an insolvent insurer is a party in any court in this state shall be stayed for sixty days after the date the insolvency is determined to permit proper defense by the association of all pending causes of action.
L. 71: p. 763, § 1. C.R.S. 1963: § 72-34-18.
For stay of proceedings to permit proper defense by the Colorado insurance guaranty association, see § 10-4-508(1)(d) regarding the exercise of powers and duties relevant thereto.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-519 - Termination - distribution of funds

(1)
The commissioner shall by order terminate the operation of the association as to any kind of insurance covered by this part 5 with respect to which he has found, after hearing, that there is in effect a statutory or voluntary plan which:
(a)
Is a permanent plan which is adequately funded or for which adequate funding is provided; and
(b)
Extends, or will extend, to the Colorado policyholders and residents protection and benefits with respect to insolvent insurers not substantially less favorable and effective to such policyholders and residents than the protection and benefits provided with respect to such kinds of insurance under this part 5.
(2)
The commissioner shall by the same order authorize discontinuance of future payments by insurers to the association with respect to the same kinds of insurance; but the assessments and payments shall continue, as necessary, to liquidate covered claims of insurers adjudged insolvent prior to said order and the related expenses not covered by such other plan.
(3)
In the event the operation of the association is so terminated as to all kinds of insurance otherwise within its scope, the association as soon as possible thereafter shall distribute the balance of moneys and assets remaining after discharge of the functions of the association with respect to prior insurer insolvencies not covered by such other plan, together with related expenses, to the insurers which are then writing in this state policies of the kinds of insurance covered by this part 5 and which have made payments to the association pro rata upon the basis of the aggregate of such payments made by the respective insurers during the period of five years next preceding the date of such order. Upon completion of such distribution with respect to all of the kinds of insurance covered by this part 5, this part 5 shall be deemed to be repealed.
L. 71: p. 763, § 1. C.R.S. 1963: § 72-34-19.
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 5 - COLORADO INSURANCE GUARANTY ASSOCIATION ACT (§§ 10-4-501 — 10-4-520) › Section 10-4-520 - Advertising

No person, including an insurer, agent, or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in any newspaper, magazine, or other publication or in the form of a notice, circular, pamphlet, letter, or poster or over any radio station or television station or in any other way any advertisement, announcement, or statement which uses the existence of the insurance guaranty association of this state for the purpose of sales, solicitation, or inducement to purchase any form of insurance covered by this part 5, but this section shall not apply to the Colorado insurance guaranty association or to any other entity which does not sell or solicit insurance.
L. 77: Entire section added, p. 516, § 6, effective May 27.
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 10-4-601.5 - Administrative authority

The commissioner shall administer and enforce the provisions of this part 6, may make rules necessary for the administration of this part 6 in accordance with article
4
of title
24
, and may enforce the provisions of part 12 of article
1
of title
6
that apply to an insurer or a policy.
Amended by 2019 Ch. 391,§ 2, eff. 1/1/2020.
L. 2003: Entire section added, p. 1560, § 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 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-602 - Basis for cancellation

(1)
A notice of cancellation of a policy shall be valid only if it is based on one or more of the following reasons:
(a)
Nonpayment of premium; or
(b)
The driver's license or motor vehicle registration of either the named insured or any operator either residing in the insured's household or who customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty days immediately preceding its effective date; or
(c)
An applicant knowingly made a false statement on the application for insurance; or
(d)
An insured knowingly and willfully made a false material statement on a claim submitted under the policy.
(2)
This section shall not apply to any policy or coverage which has been in effect less than sixty days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
(3)
This section shall not apply to nonrenewal of a policy.
L. 69: p. 550, § 2. C.R.S. 1963: § 72-30-2. L. 94: (1)(c) amended and (1)(d) added, p. 328, § 1, 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 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-603 - Notice

(1)
No notice of cancellation of a policy to which section
10-4-602
applies shall be valid unless mailed or delivered by the insurer to the named insured at least thirty days prior to the effective date of cancellation; but, where cancellation is for nonpayment of premium, at least ten days' notice of cancellation accompanied by the reason therefor shall be given or, alternatively, a notice advising that the policy will be canceled if timely payment of premium is not made may be given at least ten days but not more than thirty days prior to the premium due date. Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that, upon written request of the named insured, mailed or delivered to the insurer not less than fifteen days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation. As used in this section, "premium due date" means the date that a premium that has been previously paid is fully earned.
(2)
Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall, upon written request of the named insured, mailed or delivered to the insurer not less than fifteen days prior to the effective date of cancellation, specify in writing the reason for such cancellation. Such reason shall be mailed or delivered to the named insured within five days after receipt of such request.
(3)
This section shall not apply to nonrenewal of a policy.
L. 69: p. 550, § 3. C.R.S. 1963: § 72-30-3. L. 96: (1) amended, p. 363, § 1, effective April 17.
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 10-4-604 - Nonrenewal

(1)
No insurer shall refuse to renew a policy unless such insurer or its agent mails or delivers to the named insured, at the address shown in the policy, at least thirty days' advance notice of its intention not to renew. This section shall not apply:
(a)
If the insurer has manifested its willingness to renew;
(b)
In case of nonpayment of premium;
(c)
If the insured fails to pay any advance premium required by the insurer for renewal.
(2)
Notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.
(3)
Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal.
(4)
In the event an insurer refuses to renew, the insured may, by written request, demand a written notification of the reason for nonrenewal. Such notification shall be given the insured within twenty days after receipt of such request.
L. 69: p. 550, § 4. C.R.S. 1963: § 72-30-4. L. 96: (1) amended, p. 363, § 2, effective April 17.
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 10-4-604.5 - Issuance or renewal of insurance policies - proof of insurance provided by certificate, card, or other media

(1)
In addition to any other requirement, if an insurer issues or renews a policy of insurance, the insurer shall provide the insured a proof of insurance certificate or insurance identification card to accompany the insured's registration application or renewal card or provide proof of insurance in such other media as is authorized by the department under section
42-3-105 (1)(d)
, C.R.S. The insurance identification card may be provided in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.
(2)
(Deleted by amendment, L. 2003, p. 1560, § 2, effective July 1, 2003.)
Amended by 2013 Ch. 101, § 2, eff. 8/7/2013.
L. 98: Entire section added, p. 787, § 6, effective 7/1/1999. L. 2000: (1) amended, p. 511, § 3, effective May 12. L. 2001: (2) amended, p. 524, § 9, effective May 22. L. 2003: Entire section amended, p. 1560, § 2, effective July 1. L. 2006: (1) amended, p. 1491, § 13, effective June 1. L. 2013: (1) amended, (HB 13-1159), ch. 101, p. 322, § 2, 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 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-605 - Proof of notice

Proof of mailing notice of cancellation, or of intention not to renew or of reasons for cancellation, to the named insured at the address shown in the policy shall be sufficient proof of notice.
L. 69: p. 551, § 5. C.R.S. 1963: § 72-30-5.
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 10-4-606 - Further notice

When automobile bodily injury and property damage liability coverage is canceled, other than for nonpayment of premium, or in the event of failure to renew automobile bodily injury and property damage liability coverage to which section
10-4-604
applies, the insurer shall notify the named insured of his possible eligibility for automobile liability insurance through an assigned risk plan established pursuant to section
10-4-412
and shall notify the insured as to where he may obtain information concerning such plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew.
L. 69: p. 551, § 6. C.R.S. 1963: § 72-30-6. L. 79: Entire section amended, p. 376, § 9, 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 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-607 - Immunity

There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or against any insurer, its authorized representative, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, or for any statement made by any of them in any written notice of cancellation or notification of reason for nonrenewal, or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal, or the providing of information with respect thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.
L. 69: p. 551, § 7. C.R.S. 1963: § 72-30-7.
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 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-608 - Exemptions

(1)
This part 6 does not apply to any policy:
(a)
Issued under an assigned risk plan established under section
10-4-412
;
(b)
Repealed.
(c)
Except as authorized by section
10-4-624
, arising out of a motor vehicle rental agreement or any self-insurance thereof;
(d)
Covering a garage, automobile sales agency, repair shop, service station, or public parking place operation hazard; or
(e)
Issued principally to cover personal or premises liability of an insured even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance, or use of a motor vehicle on the premises of such insured, or on the ways immediately adjoining such premises.
Amended by 2017 Ch. 283,§ 16, eff. 6/1/2017.
L. 69: p. 551, § 8. C.R.S. 1963: § 72-30-8. L. 79: Entire section amended, p. 376, § 10, effective July 1. L. 95: Entire section amended, p. 143, § 3, effective April 7. L. 2003: (1)(c) amended, p. 2433, § 1, effective June 5. L. 2017: IP(1) amended and (1)(b) repealed, (SB 17-249), ch. 283, p. 1548, § 16, 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 10-4-610 - Property damage protection against uninsured motorists

(1)
Every policy providing insurance for bodily injury caused by uninsured motorists that is delivered or issued for delivery in this state, which policy does not also provide insurance for collision damage, shall provide, at the request of the insured, coverage for the protection of persons insured thereunder who are legally entitled to recover damages from the owner or operator of an uninsured motor vehicle because of property damage to the motor vehicle described in the policy arising out of the operation, maintenance, or use of the uninsured motor vehicle. The coverage provided under this section shall cover the actual cash value of the vehicle or the cost of repair or replacement, whichever is less. Any coverage offered pursuant to this section on a vehicle may be subject to a deductible, at the option of the insurer, as with other property damage coverage. The coverage provided under this section shall not provide protection for:
(a)
Damage if there is not actual physical contact between the covered motor vehicle and another motor vehicle;
(b)
Damages which are paid or payable under any other property insurance;
(c)
Loss of use of a motor vehicle.
(2)
Repealed.
L. 88: Entire section added, p. 409, § 1, effective 1/1/1989. L. 89: IP(1) and (1)(a) amended and (1)(c) and (2) added, p. 456, § 1, effective July 1. L. 2006: (2) repealed, p. 37, § 2, effective 1/1/2007.
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 10-4-611 - Elimination of discounts - damage by uninsured motorist

No rating discounts applied to any policy of motor vehicle insurance issued in this state shall be reduced or eliminated as the result of a collision with an uninsured motor vehicle where the operator of the insured motor vehicle is not at fault.
L. 88: Entire section added, p. 409, § 1, effective 1/1/1989.
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 10-4-612 - [Repealed]

L. 92: Entire section added, p. 1502, § 1, effective June 3. L. 96: Entire section repealed, p. 1229, § 50, 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 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-613 - Glass repair and replacement

(1)
No insurance company, domestic or foreign, or any agent or employee of such a company, shall require or permit that automobile glass repair or replacement work must be performed by a particular facility, individual, or business establishment as a condition of payment of a claim. However, an insurance company may provide that payments for such work shall be limited to a fair competitive price. No insurance company that issues, delivers, or renews such a policy shall fail to pay for the repair or replacement of automobile glass by an insured's chosen vendor, nor shall any such insurance company engage in any act or practice of intimidation, coercion, or threat for or against any insured person or entity to use a particular vendor or location for such glass repair or replacement work. No insurance company shall agree to refund or rebate any applicable deductible or portion thereof as an incentive or inducement to any insured to use a particular vendor or location for glass repair or replacement work. The provisions of this section shall apply to all policies of insurance delivered, issued for delivery, or renewed in this state that cover motor vehicles.
(2)
Notwithstanding the provisions of subsection (1) of this section, an insurance company may agree to pay the full cost of glass repair, notwithstanding any applicable deductible.
L. 92: Entire section added, p. 1791, § 1, effective April 16.
This section was originally numbered as §
10-4-612
in House Bill 92-1275 but was 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 10-4-614 - Inflatable restraint systems - replacement - verification of claims - definition

(1)
If an insured receives payment for a policy claim for an inflatable restraint system that has inflated and deployed or been stolen, the insured shall replace such inflatable restraint system in the motor vehicle. Upon receiving such a policy claim, the insurer is authorized to inspect the vehicle for which the claim is being filed to verify that the inflatable restraint system did inflate and deploy or was stolen.
(2)
For the purposes of this section, "inflatable restraint system" has the same meaning as is set forth in
49 CFR 571.208
S4.1.5.1 (b).
Amended by 2020 Ch. 216,§ 12, eff. 6/30/2020.
L. 97: Entire section added, p. 796, § 1, effective August 6.
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 10-4-615 - Motorist insurance identification database program - reporting required - fine

(1)
(a)
Each insurer that issues a policy pursuant to this part 6 shall provide to the department of revenue a record of each policy issued during the immediately preceding period. Such record shall comply with the requirements of subsections (2) and (3) of this section. This subsection (1) shall not be construed to prohibit more frequent reporting. Such policy information shall be provided to the department as follows:
(I) and (II)
(Deleted by amendment, L. 2006, p. 1014, § 10, effective July 1, 2006.)
(III)
Each insurer with any policies in place for the preceding six months shall provide such policy information every week for the immediately preceding week. Such information shall be reported no later than seven working days after the last date of the week reported on.
(b)
Each insurer shall provide policy information on all existing policies issued by such insurer to the department at least every six months. The department and the working group created in section
42-7-604 (4)(b)
, C.R.S., shall determine if any new means of transmittal of such information may be utilized. Each insurer shall provide information regarding changes to existing policies to the department at the time of receipt of such information.
(2)
The record described in subsection (1) of this section shall include:
(a)
The name, date of birth, driver's license number, and address of each named insured owner or operator;
(b)
The make, year, and vehicle identification number of each insured motor vehicle; and
(c)
The policy number, effective date, and expiration date of each policy.
(3)
Each insurer shall provide the required information in a form or manner acceptable to the designated agent.
(4)
(a)
The division of insurance shall assess a fine of not more than two hundred fifty dollars against an insurer for each day such insurer fails to report timely and accurate information in accordance with this section or with rules promulgated pursuant to section
42-7-604 (8)
, C.R.S. Any administrative costs incurred by the division of insurance shall be paid from the fines assessed pursuant to this paragraph (a).
(b)
The commissioner shall excuse the fine if an insurer provides proof that its failure to comply was inadvertent, accidental, or the result of excusable neglect.
(5)
(Deleted by amendment, L. 2006, p. 1014, § 10, effective July 1, 2006.)
(6)
Repealed.
L. 97: Entire section added, p. 1444, § 1, effective July 1. L. 2000: (4)(a) amended, p. 1635, § 8, effective June 1. L. 2001: (4)(a) and (6) amended, p. 522, § 3, effective May 22. L. 2003: (1), (4)(a), and (6) amended, p. 2645, § 1, effective July 1. L. 2004: IP(1)(a) and (1)(a)(III) amended, p. 796, § 8, effective May 21. L. 2006: (1) and (5) amended and (6) repealed, pp. 1014, 1010, §§ 10, 2, 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 6 - AUTOMOBILE INSURANCE POLICY - REGULATIONS (§§ 10-4-601 — 10-4-643) › Section 10-4-616 - Disclosure of credit reports

(1)
(a)
Insurers using new or updated credit information in insurance underwriting or rating shall notify applicants or policyholders that their credit information will be used for underwriting or rating.
(b)
When an insurer uses a producer for such disclosure, the insurer shall provide the producer with the form of such notice and use a reasonable means to verify that such notice is given. The disclosure notice form shall be developed by the insurer.
(c)
Upon request by an applicant or policyholder, an insurer or producer shall provide an explanation of the significant characteristics of the credit information that impact the policyholder's insurance score. This information may be included in the disclosure notice form.
(2)
If the use of credit information results in an adverse action to a consumer, the insurer shall comply with the notice requirements of the federal "Fair Credit Reporting Act",
15 U.S.C. sec. 1681
et seq. Such notice shall include, but is not limited to:
(a)
The identity, telephone number, and address of any consumer reporting agency from whom a credit report was obtained;
(b)
Notice of the consumer's right to receive a free credit report from the consumer reporting agency for a period of sixty days if such report resulted in an adverse action; and
(c)
Notice of the consumer's right to lodge a dispute with the consumer reporting agency and have any erroneous information corrected in accordance with the federal "Fair Credit Reporting Act",
15 U.S.C. sec. 1681
et seq.
(3)
For the purposes of this section, "adverse action" means a denial, cancellation, or nonrenewal of, an increase in any charge for, a placement into a higher tier, or a reduction or unfavorable change in the terms of coverage or amount of insurance in connection with underwriting of existing insurance or an application for insurance.
L. 2003: Entire section added, p. 839, § 1, effective 7/1/2004.
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 10-4-618 - [Repealed]

L. 2003: Entire section added, p. 2554, § 2, effective July 1. L. 2007: Entire section repealed, p. 974, § 2, effective May 18.
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 10-4-619 - Coverage compulsory

(1)
Every owner of a motor vehicle who operates the motor vehicle on the public highways of this state or who knowingly permits the operation of the motor vehicle on the public highways of this state shall have in full force and effect a complying policy under the terms of this part 6 covering the said motor vehicle, and any owner who fails to do so shall be subject to the sanctions provided under sections
42-4-1409
and
42-7-301
, C.R.S., of the "Motor Vehicle Financial Responsibility Act". This section shall not apply to persons who hold a current and valid certificate of self-insurance pursuant to section
10-4-624
.
(2)
An insurer shall not refuse to provide benefits to an insured on the basis that the insured is a volunteer for a fire department and is injured in a motor vehicle while responding to an emergency.
L. 2003: Entire section amended, p. 2433, § 2, effective June 5; entire section added, p. 1560, § 3, effective July 1. L. 2004: Entire section amended, p. 895, § 3, effective May 21.
This section was originally numbered as §
10-4-616
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 10-4-620 - Required coverage

Subject to the limitations and exclusions authorized by this part 6, the basic coverage required for compliance with this part 6 is legal liability coverage for bodily injury or death arising out of the use of the motor vehicle to a limit, exclusive of interest and costs, of twenty-five thousand dollars to any one person in any one accident and fifty thousand dollars to all persons in any one accident and for property damage arising out of the use of the motor vehicle to a limit, exclusive of interest and costs, of fifteen thousand dollars in any one accident.
L. 2003: Entire section added, p. 1561, § 3, effective July 1.
This section was originally numbered as §
10-4-617
in House Bill 03-1188 but has been renumbered on revision for ease of location.