2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-102 - Contract for insurance subject to workers' compensation act

(1)
Every contract for the insurance of compensation and benefits as provided in articles
40
to 47 of this title or against liability therefor is subject to articles 40 to
47
of this title, and all provisions in the contract for insurance inconsistent with those articles are void. Any contract of insurance issued under articles
40
to 47 of this title by any insurance carrier, including stock and mutual corporations and Pinnacol Assurance, may include and cover any liability of the employer on account of personal injuries sustained by or death resulting therefrom to any employee.
(2)
(a)
(I)
Except as specified in subparagraph (III) of this paragraph (a), every carrier providing workers' compensation insurance that is authorized to conduct business in Colorado shall submit an annual report to the commissioner of insurance listing any policy forms as may be requested by the commissioner. The listing must be submitted no later than July 1 of each year and must contain a certification by an officer of the carrier that, to the best of the officer's knowledge, each policy form in use complies with Colorado law. The commissioner shall determine the necessary elements of the certification.
(II)
(A)
An advisory organization as defined in section
10-4-402 (1)
, C.R.S., or a rating organization as defined in section
10-4-402 (3)
, C.R.S., shall submit an annual report to the commissioner of insurance listing any policy forms as may be requested by the commissioner. The listing must be submitted no later than July 1 of each year and must contain a certification by an officer of the organization that, to the best of the officer's knowledge, each policy form listed complies with Colorado law. The commissioner shall determine the necessary elements of the certification.
(B)
As used in this section, "form" may include any endorsement, rider, letter, notice, or other document affecting an insurance policy or contract issued or delivered to any policyholder in Colorado.
(III)
If a carrier uses, in their entirety and without modification, forms prepared by an advisory organization as defined in section
10-4-402 (1)
, C.R.S., or a rating organization as defined in section
10-4-402 (3)
, C.R.S., the carrier shall notify the commissioner of insurance that it adopts the annual report filed by the advisory organization or rating organization under subparagraph (II) of this paragraph (a) and, if it so notifies the commissioner, it need not submit the certification required by subparagraph (I) of this paragraph (a). If a carrier uses forms that deviate from the forms listed by the advisory organization or rating organization, or if it uses forms other than those listed by the advisory organization or rating organization, the carrier shall submit the annual listing of forms and certification as required by subparagraph (I) of this paragraph (a).
(b)
In addition to submitting the documentation required under paragraph (a) of this subsection (2) and except as specified in subparagraph (III) of this paragraph (b):
(I)
Every carrier providing workers' compensation insurance that is authorized to conduct business in Colorado, every advisory organization as defined in section
10-4-402 (1)
, C.R.S., and every rating organization as defined in section
10-4-402 (3)
, C.R.S., shall submit to the commissioner a list of any new or revised policy forms as may be requested by the commissioner at least thirty-one days before a carrier uses the forms. Unless a carrier notifies the division of insurance otherwise, policy forms submitted on behalf of a member of an advisory organization or rating organization are deemed to be automatically adopted by the carrier without modification.
(II)
The listing must also contain a certification by an officer of the carrier or an officer of the advisory or rating organization that, to the best of the officer's knowledge, each new or revised policy form, endorsement, rider, letter, notice, or other document proposed to be used complies with Colorado law. The commissioner shall determine the necessary elements of the certification.
(III)
If an advisory organization or rating organization certifies a form as required by subparagraph (II) of this paragraph (b) and a carrier is a member of that organization and uses the form in its entirety, the carrier need not list that form as required by subparagraph (I) of this paragraph (b) or submit a certification for that form as required by subparagraph (II) of this paragraph (b).
(c)
The commissioner may examine and investigate workers' compensation carriers authorized to conduct business in Colorado to determine whether workers' compensation policy forms, as may be requested by the commissioner, comply with the certification of the carrier and statutory mandates.
L. 90: Entire article R&RE, p. 521, § 1, effective July 1. L. 93: Entire section amended, p. 455, § 2, effective April 19. L. 2002: Entire section amended, p. 1884, § 34, effective July 1. L. 2003: Entire section amended, p. 2200, § 1, effective July 1. L. 2014: Entire section amended, (SB 14-137), ch. 78, p. 316, § 1, effective August 6. L. 2016: (2) amended, (SB 16-198), ch. 257, p. 1054, § 1, effective June 8.
(1) This section is similar to former § 8-44-102 as it existed prior to 1990.
(2) The provisions of Pinnacol Assurance are contained in article
45
of this title 8.