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Colorado Statutes, Title 10

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Colorado/Statutes

← All Colorado coverage

Title 10, Insurance

0 chapters · 1,275 sections in this title.

All chapters in Title 101,275 Ch 16287 Ch 3271 Ch 4209 Ch 7100 Ch 271 Ch 169 Ch 1442 Ch 1128 Ch 1525 Ch 524 Ch 1223 Ch 620 Ch 1920 Ch 2020

209 sections·Filtered byTitle 10✕Ch 4✕

Colo. Rev. Stat. § 10-4-507 Board of directors
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(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. Vacancie…
Colo. Rev. Stat. § 10-4-508 Powers and duties of association
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(1) The association shall: (a) (I) Be obligated to the extent of the covered claims existing prior to a determination of insolvency and arising within thirty days after the determination of insolvency, or before the policy expiration date, if less than thirty days after such dete…
Colo. Rev. Stat. § 10-4-508.5 Aggregate liability of association
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(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…
Colo. Rev. Stat. § 10-4-509 Plan of operation

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(1) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon …

Colo. Rev. Stat. § 10-4-510 Duties and powers of commissioner

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(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 n…

Colo. Rev. Stat. § 10-4-511 Effect of paid claims

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(1) Any person recovering under this part 5 from the association shall be deemed to have assigned his rights under the policy to the association to the extent of his recovery from the association. Every insured or claimant seeking the protection of this part 5 shall cooperate wit…

Colo. Rev. Stat. § 10-4-512 Nonduplication of recovery

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(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 s…

Colo. Rev. Stat. § 10-4-513 Prevention of insolvencies

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(1) To aid in the detection and prevention of insurer insolvencies, it is the duty of the board of directors, upon majority vote, to notify the commissioner of any information indicating that any member insurer may be insolvent or is in a financial condition hazardous to the poli…

Colo. Rev. Stat. § 10-4-514 Examination of association

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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. Source: L. 71: p. 762, § 1. C.…

Colo. Rev. Stat. § 10-4-515 Tax exemption

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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. Source: L. 71: p. 762, § 1. C.R.S. 1963: § 72-34-15.

Colo. Rev. Stat. § 10-4-516 Recognition of assessments in rates

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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 rat…

Colo. Rev. Stat. § 10-4-517 Immunity

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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…

Colo. Rev. Stat. § 10-4-518 Stay of proceedings

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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. Source: L. 71: p. 763, § 1. C.R.S. 1963: § 7…

Colo. Rev. Stat. § 10-4-519 Termination - distribution of funds

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(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 adequ…

Colo. Rev. Stat. § 10-4-520 Advertising

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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, o…

Colo. Rev. Stat. § 10-4-601 Definitions

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As used in this part 6, unless the context otherwise requires: (1) Repealed. (2) "Complying policy" means a policy of insurance that provides the coverages and is subject to the terms and conditions required by this part 6, and is certified by the insurer and the insurer has file…

Colo. Rev. Stat. § 10-4-601.5 Administrative authority

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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 po…

Colo. Rev. Stat. § 10-4-602 Basis for cancellation

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(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 h…

Colo. Rev. Stat. § 10-4-603 Notice

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(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 lea…

Colo. Rev. Stat. § 10-4-604 Nonrenewal

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(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 mani…

Colo. Rev. Stat. § 10-4-604.5 Issuance or renewal of insurance policies - proof of insurance provided by certificate, card, or other media

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(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 p…

Colo. Rev. Stat. § 10-4-605 Proof of notice

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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. Source: L. 69: p. 551, § 5. C.R.S. 1963: § 72-30-5.

Colo. Rev. Stat. § 10-4-606 Further notice

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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 …

Colo. Rev. Stat. § 10-4-607 Immunity

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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…

Colo. Rev. Stat. § 10-4-608 Exemptions

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(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 garag…

Colo. Rev. Stat. § 10-4-609 Insurance protection against uninsured motorists - applicability

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(1) (a) (I) Except as described in subsection (1)(a)(II) of this section, an automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, mainte…

Colo. Rev. Stat. § 10-4-610 Property damage protection against uninsured motorists

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(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 protectio…

Colo. Rev. Stat. § 10-4-611 Elimination of discounts - damage by uninsured motorist

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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. Source: L. 88: Entire section add…

Colo. Rev. Stat. § 10-4-613 Glass repair and replacement

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(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 cla…

Colo. Rev. Stat. § 10-4-614 Inflatable restraint systems - replacement - verification of claims - definition

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(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 t…

Colo. Rev. Stat. § 10-4-615 Motorist insurance identification database program - reporting required - fine

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(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 sub…

Colo. Rev. Stat. § 10-4-616 Disclosure of credit reports

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(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 …

Colo. Rev. Stat. § 10-4-617 Insurers - biannual fee - auto theft prevention authority

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(1) Each insurer that issues a policy pursuant to this part 6 shall biannually pay a fee to the automobile theft prevention board, created pursuant to section 42-5-112, C.R.S., for the support of the automobile theft prevention authority. Upon receiving payment, the board shall t…

Colo. Rev. Stat. § 10-4-619 Coverage compulsory

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(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 p…

Colo. Rev. Stat. § 10-4-620 Required coverage

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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 twen…

Colo. Rev. Stat. § 10-4-621 Required coverages are minimum

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(1) Nothing in this part 6 shall be construed to prohibit the issuance of policies providing coverages more extensive than the minimum coverage required by section 10-4-620, nor to require the segregation of such minimum coverage from other coverages in the same policy. However, …

Colo. Rev. Stat. § 10-4-622 Required provision for intrastate and interstate operation

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(1) Notwithstanding any of its terms and conditions, every complying policy shall afford coverage at least as extensive as the minimum coverage required by section 10-4-620. (2) Nothing in this section shall be construed to require that a complying policy provide coverage while t…

Colo. Rev. Stat. § 10-4-623 Conditions and exclusions

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(1) The coverage described in section 10-4-620 may be subject to conditions and exclusions that are not inconsistent with the requirements of this part 6. (2) The coverage described in section 10-4-620 may also be subject to exclusions where the injured person: (a) Sustains injur…

Colo. Rev. Stat. § 10-4-624 Self-insurers

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(1) Any person in whose name more than twenty-five motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the commissioner. (2) The commissioner may, in his or her discretion, upon the application of such person, issue a…

Colo. Rev. Stat. § 10-4-625 Premium payments

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The commissioner shall issue rules establishing monthly, quarterly, semiannual, and annual premium payments for persons who are required to purchase insurance under this part 6. An insurer providing a plan for payments on a basis that is more frequent than quarterly need not also…

Colo. Rev. Stat. § 10-4-626 Prohibited reasons for nonrenewal or refusal to write policy of automobile insurance applicable to this part 6

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(1) An insurer authorized to transact or transacting business in this state shall not refuse to write or refuse to renew a policy of insurance affording the coverage required by section 10-4-620 solely because of the age, race, creed, color, religion, sex, sexual orientation, gen…

Colo. Rev. Stat. § 10-4-627 Discriminatory standards - premiums - surcharges - proof of financial responsibility requirements

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(1) An insurer shall not: (a) Cancel or nonrenew, or increase the premium of, a policy of insurance on a motor vehicle used by any resident of the household of the named insured solely because of convictions for traffic violations that resulted in less than seven points being ass…

Colo. Rev. Stat. § 10-4-628 Refusal to write - changes in - cancellation - nonrenewal of policies prohibited

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(1) No insurer shall cancel; fail to renew; refuse to write; reclassify an insured under; reduce coverage under, unless the reduction is part of a general reduction in coverage filed with the commissioner; or increase the premium for, unless the increase is part of a general incr…

Colo. Rev. Stat. § 10-4-629 Cancellation - renewal - reclassification

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(1) Except in accordance with the provisions of this part 6, an insurer shall not cancel or fail to renew a policy of insurance that complies with this part 6, issued in this state, as to any resident of the household of the named insured, for any reason other than nonpayment of …

Colo. Rev. Stat. § 10-4-630 Exclusion of named driver

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(1) In any case where an insurer is authorized under this part 6 to cancel or refuse to renew or increase the premiums on an automobile liability insurance policy under which more than one person is insured because of the claim experience or driving record of one or more but less…

Colo. Rev. Stat. § 10-4-632 Reduction in rates for drivers aged fifty-five years or older who complete driver's education course - legislative declaration

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(1) (a) (I) The general assembly finds and determines that motor vehicle accidents cause a substantial economic impact in lost wages, medical bills, legal fees, rehabilitation costs, and higher insurance rates. (II) The general assembly also finds that the motor vehicle accident …

Colo. Rev. Stat. § 10-4-633 Certification of policy and notice forms

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(1) All insurers providing automobile insurance and who are authorized by the commissioner to conduct business in Colorado shall submit an annual report to the commissioner listing any policy forms, endorsements, cancellation notices, renewal notices, disclosure forms, notices of…

Colo. Rev. Stat. § 10-4-633.5 Automobile insurance policies - plain language required - rules

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(1) (a) An insurer issuing or renewing automobile insurance policies subject to this part 6 shall not issue or renew a policy unless the text of the policy form does not exceed the tenth-grade level, as measured by the Flesch-Kincaid grade level formula, or does not score less th…

Colo. Rev. Stat. § 10-4-634 Assignment of payment for covered benefits

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(1) A policy of motor vehicle insurance coverage pursuant to this part 6 shall allow, but not require, an insured under the policy to assign, in writing, payments due under medical payments coverage of the policy to a licensed hospital or other licensed health-care provider; an o…

Colo. Rev. Stat. § 10-4-635 Medical payments coverage - exceptions - definitions

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(1) (a) Except as otherwise provided in this subsection (1), no automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use…