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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-110 - Notice of intent prior to nonrenewal of certain policies of insurance

(1)
No insurer shall refuse to renew a policy of insurance that provides coverages on commercial exposures such as general comprehensive liability, municipal liability, automobile liability and physical damage, fidelity and surety, fire and allied lines, inland marine, errors and omissions, excess liability, products liability, police liability, professional liability, or false arrest insurance unless such insurer mails by first-class mail to the named insured, at the last address shown in the insurer's records, at least forty-five days in advance a notice of the company's intention not to renew.
(2)
Repealed.
(3)
The provisions of this section shall not apply:
(a)
Repealed.
(b)
If the insured fails to pay any premium deposit required by the insurer for renewal;
(c)
To any policy or coverage which has been in effect less than sixty days, unless it is a renewal policy.
(4)
An insurer's failure to mail notice of intent shall be considered a manifestation of its willingness to renew.
(5)
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.
(6)
This section shall not apply to insurance companies authorized to write surplus line insurance in Colorado.
(7)
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. 77: Entire section added, p. 511, § 1, effective July 1. L. 86: (1) amended and (2) and (3)(a) repealed, pp. 574, 575, §§ 5, 7, effective July 1. L. 87: (1) amended and (6) added, p. 426, § 3, effective May 1. L. 99: (7) added, p. 390, § 17, 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-110.3 - Exclusions where claim involves sexual misconduct - void

(1)
No insurer, in a policy of professional malpractice insurance, shall attempt to nullify or limit its stated liability with regard to claims not relating to sexual misconduct in cases where:
(a)
There is an allegation or proof of a claim of sexual misconduct by the insured; and
(b)
The policy requires aggregation of all damages under the liability limit for sexual misconduct.
(2)
Any policy provision that violates subsection (1) of this section is hereby declared contrary to public policy and is void and unenforceable.
(3)
This section shall not apply to nonadmitted insurers approved pursuant to article
5
of this title.
L. 95: Entire section added, p. 865, § 1, effective May 24.
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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-110.4 - Exclusion - claims involving loss in progress not known to insured

(1)
A provision in a liability insurance policy issued to a construction professional excluding or limiting coverage for one or more claims arising from bodily injury, property damage, advertising injury, or personal injury that occurs before the policy's inception date and that continues, worsens, or progresses when the policy is in effect is void and unenforceable if the exclusion or limitation applies to an injury or damage that was unknown to the insured at the policy's inception date.
(2)
Any provision in an insurance policy issued in violation of this section is void and unenforceable as against public policy. A court shall construe an insurance policy containing a provision that is unenforceable under this section as if the provision was not a part of the policy when the policy was issued.
(3)
This section applies only to an insurance policy that covers occurrences of damage or injury during the policy period and that insures a construction professional for liability arising from construction-related work.
L. 2010: Entire section added, (HB 10-1394), ch. 253, p. 1128, §2, 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-110.5 - Notice of intent prior to unilateral increase in premium or decrease in coverage previously provided in certain policies of insurance

(1)
No insurer shall increase the premium unilaterally or decrease the coverage benefits on renewal of a policy of insurance that provides coverages on commercial exposures such as general comprehensive liability, municipal liability, automobile liability and physical damage, fidelity and surety, fire and allied lines, inland marine, errors and omissions, excess liability, products liability, police liability, professional liability, or false arrest insurance unless the insurer mails by first-class mail to the named insured, at the last address shown in the insurer's records, at least forty-five days in advance a notice, accompanied by the reasons therefor, stating the renewal terms and the amount of premium due. If the insurer fails to furnish the renewal terms and the statement of the amount of premium due at least forty-five days prior to the expiration date of the policy, the insurer shall automatically extend the existing policy for a period of forty-five days and the premium for this extended period shall be prorated based on the premium applicable to the existing policy. If the insurer fails to meet the requirements of this section prior to the expiration date of the existing policy, the insurer shall be deemed to have renewed the insured's policy for an identical policy period at the same terms, conditions, and premium as the existing policy.
(2)
A notice of a decrease in coverage benefits during the term of a policy of insurance identified in subsection (1) of this section shall be valid only if it sets forth the reason for the decrease and is based on one or more of the following reasons:
(a)
Nonpayment of premium;
(b)
A false statement knowingly made by the insured on the application for insurance;
(c)
A substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of the policy unless the insured has notified the insurer of the change and the insurer accepts such change.
(3)
This section shall not apply to insurance companies authorized to write surplus line insurance in Colorado.
L. 86: Entire section added, p. 574, § 6, effective July 1. L. 87: (1) amended and (3) added, p. 426, § 4, effective May 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-110.6 - Homeowner's insurance - definition

For the purposes of this article, "homeowner's insurance" means insurance that covers damage or loss to all types of homes, including, but not limited to, site-built homes, manufactured homes, factory-built homes, and mobile homes.
L. 2004: Entire section added, p. 1972, § 2, effective August 4; entire section added, p. 1981, § 2, 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-110.9 - Fire insurance - issuance and renewal of policies within federally designated disaster areas

(1)
No insurer shall refuse to issue a fire insurance policy for any property located within a federally designated disaster area, so designated because of wildfire, where such refusal is based on such property's zip code, county location, or distance from any wildfire. This section shall not apply to property that is located within an immediately threatened area as designated by the appropriate state, local, or federal official.
(2)
An insurer shall not refuse to renew an existing fire insurance policy for property that is within an area that has been declared a federally designated disaster area for any reason that is related to wildfire. As a condition of such renewal, an insurer may require a property owner to take reasonable actions to reduce the risk of fire to such property.
(3)
If a property owner refinances a mortgage on an insured property that falls within an area that has been declared a federally designated disaster area because of wildfire, the insurer of such property shall continue to provide coverage for the remaining term of the existing fire insurance policy, adjusted as required by the mortgage lender for any increase or decrease in the value of such property. Such required adjustment shall not conflict with the requirements of section
10-4-114
.
(4)
The commissioner of insurance may adopt rules as necessary for implementation of this section.
L. 2002, 3rd Ex. Sess.: Entire section added, p. 50, § 1, effective July 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-111 - Summary disclosure forms required

(1)
Every insurer issuing policies of dwelling fire insurance, homeowner's insurance, or automobile insurance subject to the provisions of part 6 of this article shall, as a condition of doing business in this state, have on file for public inspection at the division a summary disclosure form that contains a simple explanation of the major coverages and exclusions of such policies of insurance together with a recitation of general factors considered in cancellation, nonrenewal, and increase in premium situations. Each summary disclosure form shall provide notice in bold face letters that the policyholder should read the policy for complete details, and such disclosure form shall not be construed to replace any provision of the policy itself. In the event of any conflict between the policy and the disclosure form, the provisions of the policy shall prevail.
(2)
Every insurer shall update disclosure forms periodically subject to changes in major coverages and exclusions of such policies of insurance and changes in factors considered in cancellation, nonrenewal, and increase in premium situations.
(3)
Every insurer or its designated agent shall furnish the required disclosure form to:
(a)
Applicants for insurance coverage at the time of the initial insurance purchase;
(b)
Policyholders of any renewal policy when there are changes in major coverages and exclusions or changes in factors considered in cancellation, nonrenewal, and increase in premium situations; and
(c)
Homeowner's insurance policyholders at least annually.
(4)
Any insurer who violates the provisions of subsection (1) of this section shall be deemed to have engaged in unfair or deceptive acts or practices prohibited by section
10-3-1104 (1)(a)(I)
and shall be subject to the penalties provided in section
10-3-1108
and
10-3-1109
.
(5)
In addition to the disclosure requirements in this section, every insurer or producer who issues automobile insurance policies pursuant to part 6 of this article shall comply with the disclosure requirements in section
10-4-636
.
Amended by 2013 Ch. 183, § 3, eff. 1/1/2014.
L. 79: Entire section added, p. 360, § 6, effective July 1. L. 92: Entire section amended, p. 1557, § 55, effective May 20. L. 2006: (1) amended, p. 1490, § 11, effective June 1; (1) amended and (5) added, p. 37, § 1, effective 1/1/2007. L. 2013: (3) amended, (HB 13-1225), ch. 183, p. 675, § 3, effective 1/1/2014.
Amendments to subsection (1) by House Bill 06-1391 and House Bill 06-1030 were harmonized.
In 2013, subsection (3) was amended by the "Homeowner's Insurance Reform Act of 2013". For the short title, see section 1 of chapter 183, Session Laws of Colorado 2013.
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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-112 - [Repealed]

Repealed by 2024 Ch. 189,§ 4, eff. 5/17/2024.
L. 86: Entire section added, p. 576, § 1, effective April 3.
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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-113 - Exemptions

(1)
The commissioner shall have authority to grant reasonable exemptions from the provisions of sections
10-4-107
,
10-4-108 (1)
,
10-4-109 (1)
,
10-4-109.5
,
10-4-109.7
,
10-4-110 (1)
, and
10-4-110.5
if compliance therewith is shown to be impracticable. Such exemptions may be granted to individual companies or by insurance line, type, or class and may be based on any of the following reasons:
(a)
If the primary insurer, due to forces outside its control, has lost all or a significant portion of its reinsurance and the insurer can provide proof that the continuance of coverage or the continuance of the same premium and coverage would endanger the direct insurer's solvency;
(b)
If a policy issued in this state covers risks with multistate locations, except with respect to coverages applicable to locations within this state;
(c)
If the insurer is obligated and fails to send advance notice of cancellation or nonrenewal to any designated mortgagee or loss payee or motor carrier commission;
(d)
If the insured has replaced his coverage or has specifically requested cancellation. The insurer must maintain in its file properly documented proof that termination was made at the request of the insured. This applies also to reduction in coverage specifically requested by the insured.
(e)
If the policy has been in effect for less than sixty days at the time the notice is mailed or delivered, unless the policy is a renewal policy, and there has been a material misrepresentation or nondisclosure to the insurer of a material fact at the time of acceptance of the risk;
(f)
If the policy is a policy written for a period of less than six months or a binder with a specific expiration date and the insured knows in advance that coverage will not be continued on expiration;
(g)
If an insurer has become insolvent and cancellation is ordered by a rehabilitator or liquidator;
(h)
If a risk is canceled and rewritten with the same insurer in order to obtain common expiration dates;
(i)
If a named insured fails to comply with loss control recommendations which the insured agreed would be implemented as a condition of issuance of the policy;
(j)
Such other exemptions as the commissioner may determine are reasonable and necessary; or
(k)
If the insurer is 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. 86: Entire section added, p. 578, § 1, effective July 1. L. 99: (1)(k) added, p. 390, § 18, 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-114 - Requirements on hazard insurance coverage for loans secured by real property

(1)
No lender shall require a borrower under a loan secured by real property to provide hazard insurance coverage on that property in an amount exceeding the replacement value of the improvements on the property.
(2)
Any person harmed by a violation of this section shall be entitled to obtain injunctive relief and may recover damages and reasonable attorney fees and costs.
(3)
A violation of this section does not affect the validity of the loan or the mortgage or deed of trust.
L. 88: Entire section added, p. 403, § 2, 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-115 - Private utilization review

(1)
As used in this section, unless the context otherwise requires:
(a)
"Private utilization review organization" means an entity, other than a hospital or public reviewer following federal guidelines, which conducts utilization review.
(b)
"Utilization review" means an evaluation of the necessity, appropriateness, and efficiency of the use of health-care services, procedures, and facilities, but does not include any independent medical examination provided for in any policy of insurance.
(2)
An insurance carrier regulated pursuant to the provisions of this article may contract with any private utilization review organization and receive from that private utilization review organization a utilization review opinion. If the insurance carrier relies on the opinion of the private utilization review organization resulting in a decision to not pay benefits that an appropriate fact finder later determines were due and owing, then the insurance carrier shall be responsible to pay the past due benefits in addition to interest and costs. Nothing in this subsection (2) shall be construed to affect or limit the commissioner's power to regulate under the provisions of section
10-3-1104(1)(h)
, nor shall anything in this subsection (2) limit or affect the insured's remedies under part 6 of this article, or any common law remedy.
L. 93: Entire section added, p. 493, § 1, effective April 26. L. 2003: (2) amended, p. 1571, § 6, 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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-117 - Loss history information report - notice to insured - definition

(1)
Each insurer shall print in at least twelve-point bold-faced type, on the first page of each packet containing the insurance policy and each packet containing the renewal notice for homeowner's insurance or as a separate document:
(a)
Information regarding how an insured may obtain a free copy of his or her loss history information report;
(b)
A toll-free telephone number that the insured may call to obtain the loss history information report; and
(c)
A website address that the insured may access to obtain the loss history information report.
(2)
For the purposes of this section, "loss history information report" means a compilation of an insured's prior loss history information used by an insurer in the insured's homeowner's insurance underwriting process. Such information may include, but need not be limited to, the insured's name, date of birth, and claim information such as date of loss, type of loss, and the amounts paid for the loss, if any, or any other information that may negatively affect the insured's rate of homeowner's insurance or the ability to obtain homeowner's insurance. A loss history information report shall include only information regarding claims made to an insurer and shall not include information regarding inquiries made to the insurer.
L. 2004: Entire section added, p. 1972, § 2, effective August 4; entire section added, p. 1981, § 2, effective 1/1/2005.
This section was originally numbered as §
10-4-116
in House Bill 04-1236 but was renumbered on revision and harmonized with § 10-4-117 as enacted by House Bill 04-1292.
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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-118 - Severability

If any provision or clause of this part 1 or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this part 1 that can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.
L. 2004: Entire section added, p. 1973, § 4, effective August 4; entire section added, p. 1981, § 2, effective 1/1/2005.
This section was originally numbered as §
10-4-117
in House Bill 04-1236 but was renumbered on revision and is identical to § 10-4-118 as enacted by House Bill 04-1292.
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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-119 - Monthly and electronic payment of premiums

An insurer offering personal lines of property and casualty insurance shall offer each policyholder the option to pay his or her insurance premiums monthly and to make premium payments by automatic electronic transfer. The insurer shall not be required to offer such payment options if an applicant or policyholder has previously made one or more premium payments that were dishonored because the account closed, the account had insufficient funds, or for any other similar reason for nonpayment.
L. 2005: Entire section added, p. 345, § 1, effective December 31.
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 1 - GENERAL (§§ 10-4-101 — 10-4-123) › Section 10-4-121 - Authority of insurer to protect policyholders' property - emergency

Notwithstanding any other provision of law, an insurer may provide services protecting the property of its policyholders in the event of an emergency.
Added by 2014 Ch. 62,§ 2, eff. 7/1/2014.
L. 2014: Entire section added, (SB 14-097), ch. 62, p. 282, § 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 2 - [Repealed] FIRE, MARINE, AND INLAND MARINE INSURANCE - RATES AND RATING ORGANIZATIONS (§ 10-4-201) › Section 10-4-201 - to 10-4-217 - [Repealed]

L. 79: Entire part repealed, p. 379, § 19, effective July 1.
This part 2 was numbered primarily as article 11 of chapter 72, C.R.S. 1963.
For current provisions concerning rate regulation of fire and inland marine insurance, see § 10-4-401(3)(b) .
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 3 - BONDS EXECUTED BY QUALIFIED SURETY COMPANIES (§§ 10-4-301 — 10-4-305) › Section 10-4-301 - Bond executed by surety company

(1)
Whenever any bond, undertaking, recognizance, or other obligation is, by law or the charter, ordinance, rules, or regulations of any municipality, board, body, organization, court, judge, or public officer, required or permitted to be made, given, tendered, or filed with surety and whenever the performance of any act, duty, contract, or obligation or the refraining from any act is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance, or guaranty may be executed as surety by a company qualified as provided in this title. Such execution by the company of such bond, undertaking, obligation, recognizance, or guaranty shall be in all respects a full and complete compliance with every requirement of every law, charter, ordinance, rule, or regulation that the bond, undertaking, obligation, recognizance, or guaranty was executed by one or more sureties or that sureties shall be residents or householders or freeholders, or either, or both, or possess any other qualifications.
(2)
All courts, judges, heads of departments, boards, bodies, municipalities, and public officers of every character shall accept and treat such bond, undertaking, obligation, recognizance, or guaranty, when so executed by such company, as conforming to and fully and completely complying with every such requirement of every such law, charter, ordinance, rule, or regulation; except that such company may be required to justify, in such terms and for such amounts as may be satisfactory, to the court, person, or body authorized to approve such surety.
L. 79: Entire part R&RE, p. 360, § 7, effective July 1.
This section is similar to former § 10-4-321 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 3 - BONDS EXECUTED BY QUALIFIED SURETY COMPANIES (§§ 10-4-301 — 10-4-305) › Section 10-4-302 - Release of surety - other security

Any surety upon the bond of any state, county, municipal, judicial district, irrigation district, or court officer shall be released from further liability as such surety for such officer by filing, with the person having authority to approve said bond or with whom said bond is directed to be filed, a notice that said surety is unwilling to continue to be surety for such officer. When any such notice is filed, written notice thereof shall immediately be given to such officer, who shall thereupon file other security to be approved as provided by law. If such officer, within ten days after the service of such notice upon him, does not file such bond to be approved, the office shall become vacant, and the vacancy shall be filled in the manner provided by law. If a new bond is given by any officer, as provided, the former surety shall be entirely released and discharged from all liability incurred by such officer from and after the time of giving of such notice, and the sureties to the new bond shall be liable therefor as provided in such bond.
L. 79: Entire part R&RE, p. 361, § 7, effective July 1.
This section is similar to former § 10-4-322 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 3 - BONDS EXECUTED BY QUALIFIED SURETY COMPANIES (§§ 10-4-301 — 10-4-305) › Section 10-4-303 - Application for release of surety - refund

When any company, surety upon the official bond of any trustee, committee, conservator, guardian, assignee, receiver, executor, administrator, or other fiduciary in this state desires to be released from such obligation, such surety shall file its application for such release in the court having jurisdiction of such fiduciary, and, thereupon, the clerk of such court shall issue, under the seal thereof, a notice to such fiduciary requiring him to furnish a new bond, with sureties to be approved by the court, within ten days after the date of the service of said notice. Such notice may be served in the manner provided by law for the service of a summons in a civil action. If such fiduciary fails to furnish such bond within the time prescribed, he shall be summarily removed from office, and a new trustee, committee, conservator, guardian, assignee, receiver, executor, administrator, or other fiduciary shall be forthwith appointed. From and after the time when such new bond is furnished and approved, or such new fiduciary appointed and qualified, the surety making such application shall be released from all liability upon its bond, except for such default or other misconduct on the part of such fiduciary as occurred prior thereto. If any surety has been released or withdrawn as provided in this title, and if the principal accounts in due form of law for all of his acts and doings and all trust funds or estate in his hands and secured by such bond, and if such account has been approved so that there is no further liability of the surety upon such bond, the unearned portion of any premium paid to such surety shall be refunded and repaid by the said surety.
L. 79: Entire part R&RE, p. 361, § 7, effective July 1.
This section is similar to former § 10-4-323 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 3 - BONDS EXECUTED BY QUALIFIED SURETY COMPANIES (§§ 10-4-301 — 10-4-305) › Section 10-4-304 - Place of deposit

It is lawful for any party of whom a bond, undertaking, or other obligation is required to agree with his surety for the deposit of any moneys and assets for which such surety is or may be held responsible with a bank, savings bank, or safe deposit or trust company authorized by law to do business as such or other depository approved by the court, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of such moneys and assets or any part thereof, without the written consent of such surety or an order of the court made on such notice to such surety as such court may direct, and such agreement shall not in any manner release or change the liability of the principal or sureties as established by the terms of the bond.
L. 79: Entire part R&RE, p. 361, § 7, effective July 1.
This section is similar to former § 10-4-324 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 3 - BONDS EXECUTED BY QUALIFIED SURETY COMPANIES (§§ 10-4-301 — 10-4-305) › Section 10-4-305 - Bond part of expense

Any receiver, assignee, guardian, trustee, committee, executor, administrator, curator, or other fiduciary required by law or the order of any court to give a bond or other obligation as such may include, as a part of the lawful expense of executing his trust, such reasonable sum paid a company authorized under the laws of this state so to do for becoming his surety on such bond as may be allowed by the court in which he is required to account, not exceeding one percent per annum on the amount of such bond or other obligation. A party to any action, suit, or proceeding entitled to recover costs in such action, suit, or proceeding shall be allowed and may have taxed and may recover, as costs therein, such sum as said party has paid such a company as premium for executing any bond, recognizance, undertaking, stipulation, or other obligation therein, not exceeding five dollars per annum for each thousand dollars or fraction thereof of the penalty of such bond, recognizance, undertaking, stipulation, or other obligation for each year or part thereof that the same has been in force. The premium so paid shall be taxed by the clerk of the court in which such action, suit, or proceeding is pending, as costs therein, upon production to him of proper receipt for the payment of such premium, which receipt shall be by him filed with the papers in the cause.
L. 79: Entire part R&RE, p. 362, § 7, effective July 1.
This section is similar to former § 10-4-325 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 10-4-404.5 - Rating plans - property and casualty type II insurers - rules

(1)
The commissioner may promulgate rules for type II insurers that establish reasonable standards for rating plans, including experience rating plans, schedule rating plans, and expense reduction plans, and that are designed to modify rates in the development of premiums for individual risks insured in the property and casualty insurance market. Such rules may permit recognition of expected differences in loss and expense characteristics and shall be designed so that such plans are reasonable and equitable in their application and are not unfairly discriminatory. Such rules shall not prevent the development of new rating methods that would otherwise comply with this part 4. The rules may establish maximum charges against and credits to the experience rating of an insured that may result from the application of a rating plan. The rules may encourage the use of loss control programs, safety programs, and other methods of risk management and may require insurers to maintain documentation of the basis for the charges and credits applied under any plan. The rules may also require the rating plans to include merit rating to the extent feasible.
(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. 402, § 1, effective April 29. L. 99: Entire section amended, p. 387, § 4, 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 4 - RATE REGULATION (§§ 10-4-401 — 10-4-421) › Section 10-4-404.6 - [Repealed]

L. 89: Entire section added, p. 452, § 1, effective June 1.
Subsection (4) provided for the repeal of this section, effective July 1, 1990. (See L. 89, p. 452.)
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 10-4-405 - Filing of rating information - certain coverages

(1)
With respect to type I kinds of insurance as defined in section
10-4-401(3)(a)
, every insurer shall file with the commissioner every manual of classifications, rules, and rates, every rating plan, and every modification of any of the foregoing which it proposes to use in this state.
(2)
(a)
Every filing shall state the proposed effective date thereof and shall indicate the character and extent of the coverage contemplated. Filings regarding workers' compensation insurance rates shall be filed on or before August 1 of any calendar year. When a filing is not accompanied by the information upon which the insurer supports the filing and the commissioner does not have sufficient information to determine whether the filing meets the requirements of this part 4, he shall, within fifteen days after the date of filing, require the insurer to furnish the information upon which it supports the filing, and in such event the waiting period provided for in section
10-4-406(2)
shall commence as of the date such information is furnished.
(b)
The information furnished in support of a filing may include: The experience or judgment of the insurer or rating organization making the filing; its interpretation of any statistical data it relied upon; the experience of other insurers or rating organizations; or any other factors which the insurer or rating organization deems relevant.
(3)
A filing and any supporting information shall be open to public inspection at the division of insurance.
(4)
An insurer may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the commissioner to accept such filings in its behalf; but nothing contained in this title shall be construed as requiring any insurer to become a member of, or a subscriber to, any rating organization.
(5)
Upon the written application of the insured, stating his reasons therefor, filed with and approved by the commissioner, a rate in excess of that provided by filing, otherwise applicable, may be used on any specific risk, and such application shall not be subject to any of the provisions of section
10-4-406
.
L. 79: Entire part R&RE, p. 366, § 8, effective July 1. L. 2004: (2)(a) amended, p. 395, § 1, effective August 4.
This section is similar to former § 10-4-304 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 10-4-409 - Rates furnished - cooperation among organizations

(1)
Subject to rules and regulations which are approved by the commissioner as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any kind of insurance or subdivision thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers. Each rating organization shall furnish its rating services without discrimination to its members and subscribers. The reasonableness of any rule or regulation in its application to subscribers or the refusal of any rating organization to admit an insurer as a subscriber, at the request of any subscriber or any such insurer, shall be reviewed by the commissioner at a hearing held upon at least ten days' written notice to such rating organization and to such subscriber or insurer. If the commissioner finds that such rule or regulation is unreasonable in its application to subscribers, he shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer's application for subscribership within thirty days after it is made, the insurer may request a review by the commissioner as if the application has been rejected. If the commissioner finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, he shall order the rating organization to admit the insurer as a subscriber. If he finds that the action of the rating organization is justified, he shall make an order affirming its action.
(2)
No rating organization shall adopt any rule the effect of which would prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.
(3)
Cooperation among rating organizations or among rating organizations and insurers in rate-making or in other matters within the scope of this part 4 is authorized, if the rates resulting from such cooperation are subject to all the provisions of this part 4 which are applicable to rates generally. The commissioner may review such cooperative activities and practices and if, after a hearing, he finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4 and requiring the discontinuance of such activity or practice.
L. 79: Entire part R&RE, p. 369, § 8, effective July 1.
This section is similar to former § 10-4-307 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 10-4-410 - Advisory organizations

(1)
Every advisory organization shall file with the commissioner a copy of its constitution, its articles of agreement or association or its certificate of incorporation, and its bylaws, rules, and regulations governing its activities, a list of its members, the name and address of a resident of this state upon whom notices or orders of the commissioner or process issued at his direction may be served, and an agreement that the commissioner may examine such advisory organization in accordance with the provisions of section
10-4-414
.
(2)
If, after hearing, the commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4, he may issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4 and requiring the discontinuance of such act or practice.
L. 79: Entire part R&RE, p. 370, § 8, effective July 1.
This section is similar to former § 10-4-311 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 10-4-411 - Joint underwriting

(1)
Every group, association, or other organization of insurers which engages in joint reinsurance or joint underwriting shall be subject to regulation with respect thereto as provided in this part 4.
(2)
If, after a hearing, the commissioner finds that any activity or practice of any such group, association, or other organization is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4, he may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this part 4 and requiring the discontinuance of such activity or practice.
L. 79: Entire part R&RE, p. 370, § 8, effective July 1.
This section is similar to former § 10-4-312 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 10-4-412 - Assigned risk motor vehicle insurance

(1)
The commissioner may, after consultation with the insurers licensed to write motor vehicle insurance in this state, establish or approve a reasonable plan, and rules governing the same, for the equitable apportionment among such insurers of applicants for such insurance who are in good faith entitled to but are unable to procure insurance through ordinary methods, and, when such plan has been approved, all such insurers shall subscribe thereto and shall participate therein. Any applicant for such insurance, any person insured under such plan, and any insurer affected may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate such plan.
(2)
If an insurer admitted to transact motor vehicle insurance fails to subscribe to the plan or to any amendments thereto or fails to comply with the rules of the plan, the commissioner shall give ten days' written notice to such insurer to so subscribe or so comply. If such insurer fails to comply with such notice, the commissioner, after hearing, may suspend the certificate of authority of such insurer to transact insurance business in this state until such insurer so complies.
L. 79: Entire part R&RE, p. 371, § 8, effective July 1.
This section is similar to former § 10-4-316 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 10-4-413 - Records required to be maintained

(1)
Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records, of the type and kind reasonably adapted to its method of operation, of its experience or the experience of its members and of the data, statistics, or information collected or used by it in connection with the rates, rating plans, rating systems, underwriting rules, policy or bond forms, surveys, or inspections made or used by it, so that such records will be available at all reasonable times to enable the commissioner to determine whether such organization, insurer, group, or association and, in the case of an insurer or rating organization, every rate, rating plan, and rating system made or used by it complies with the provisions of this part 4 applicable to it. The maintenance of such records in the office of a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this section for any insurer maintaining membership or subscribership in such organization to the extent that the insurer uses the rates, rating plans, rating systems, or underwriting rules of such organization. Such records shall be maintained in an office within this state or shall be made available for examination or inspection by the commissioner at any time, upon reasonable notice.
(2)
All records of any such organization or individual insurer dealing with workers' compensation and employer's liability insurance incidental thereto and written in connection therewith shall be subject to the requirements of article
44
of title
8
, C.R.S., concerning the filing of its system of rates.
L. 79: Entire part R&RE, p. 371, § 8, effective July 1. L. 90: (2) amended, p. 558, § 16, 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 4 - RATE REGULATION (§§ 10-4-401 — 10-4-421) › Section 10-4-414 - Examinations

(1)
Repealed.
(2)
The commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which the provisions of this part 4 are applicable to ascertain whether such insurer and every rate and rating system used by it for every such class of insurance complies with the requirements and standards of this title applicable thereto. Such examination need not be a part of a periodic general examination participated in by representatives of more than one state.
(3)
The officers, managers, agents, and employees of any such organization, group, association, or insurer may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation, together with all data, statistics, and information of every kind and character collected or considered by such organization, group, association, or insurer in the conduct of the operations to which such examination relates.
(4)
The commissioner may conduct such examination on the basis of concern for an insurer's solvency or the complaint of a person claiming to be aggrieved or to ascertain compliance by insurers and rating organizations with the requirements of this part 4.
(5)
Filed reports on examinations shall be available for public inspection at the division of insurance.
(6)
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. 79: Entire part R&RE, p. 372, § 8, effective July 1. L. 99: (6) added, p. 387, § 5, effective 1/15/2000. L. 2004: (1) repealed, p. 1063, § 13, effective July 1.
This section is similar to former § 10-4-313 as it existed prior to 1979.