(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.
Source: L. 92: Entire section added, p. 1791, � 1, effective April 16.
Editor's note: This section was originally numbered as � 10-4-612 in House Bill 92-1275 but was renumbered on revision for ease of location.
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).
Source: L. 97: Entire section added, p. 796, � 1, effective August 6. L. 2020: (2) amended, (HB 20-1402), ch. 216, p. 1042, � 12, effective June 30.
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.
Source: 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.