(1) No insurer shall refuse to renew a policy of medical malpractice insurance unless such insurer or its agent mails or delivers to the named insured, at the last address shown in the insurer's records, at least ninety days' advance notice of its intention not to renew. This section shall not apply:
(a) If the insurer has already manifested its willingness to renew;
(b) Repealed.
(c) If the insured fails to pay any premium deposit 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 malpractice liability insurance policy with respect to the particular insured, if such policy has substantially the same limits and provisions of coverage.
(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 reasons for nonrenewal. Such notification shall be given the insured within twenty days after receipt of such request.
(5) Any statement of reasons contained in the notice pursuant to subsection (4) of this section shall be privileged and shall not constitute grounds for any action against the insurer or its representatives or any person who in good faith furnished to the insurer the information upon which the statement is based.
(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.
Source: L. 76: Entire section added, p. 365, � 1, effective May 21. L. 86: IP(1) amended and (1)(b) repealed, pp. 573, 575, �� 3, 7, effective July 1. L. 99: (6) added, p. 389, � 14, effective January 15, 2000.
10-4-109.5. Notice of intent prior to unilateral increase in premium or decrease in coverage previously provided in medical malpractice policies. (1) No insurer shall increase the premium unilaterally or decrease the coverage benefits previously provided as contained in a medical malpractice policy unless such insurer mails by first-class mail to the named insured, at the last address shown in the insurer's records, at least ninety days' advance notice, accompanied by the reason therefor, of the company's intention to increase the premium unilaterally or decrease the coverage benefits provided on renewal.
(2) A notice of a decrease in coverage benefits previously provided pursuant to 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 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.
Source: L. 86: Entire section added, p. 573, � 4, effective July 1. L. 99: (3) added, p. 389, � 15, effective January 15, 2000.
10-4-109.6. Medical malpractice insurers - protections relating to reproductive health care - definition. (1) An insurer that issues medical malpractice insurance shall not take a prohibited action against an applicant for or the named insured under a medical malpractice policy in this state solely because the applicant or insured has provided, or assisted in the provision of, a legally protected health-care activity, as defined in section 12-30-121 (1)(d), in this state, so long as the care provided by the applicant or insured was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law.
(2) As used in this section, prohibited action means:
(a) Refusing to issue a medical malpractice policy;
(b) Canceling or terminating a medical malpractice policy;
(c) Refusing to renew a medical malpractice policy; or
(d) Imposing any sanctions, fines, penalties, or rate increases.
Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 242, � 2, effective April 14.
Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.
10-4-109.7. Notice of intent prior to cancellation of certain policies of insurance. (1) No insurer shall cancel 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 to cancel; but, where cancellation is for nonpayment of premium, at least ten days' notice of cancellation accompanied by the reasons therefor shall be given.
(2) A notice of cancellation pursuant to this section shall be valid only if it 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.
(4) 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.
Source: L. 86: Entire section added, p. 573, � 4, effective July 1. L. 87: (1) amended and (3) added, p. 425, � 2, effective May 1. L. 99: (4) added, p. 389, � 16, effective January 15, 2000.
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.
Source: 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 January 15, 2000.