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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. § 10-4-1303 Temporary joint underwriting association
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(1) A nonprofit temporary joint underwriting association is hereby created, consisting of all insurance carriers authorized to transact business in this state, including Pinnacol Assurance, that insures employers against liability for compensation under the provisions of articles…
Colo. Rev. Stat. § 10-4-1304 Board of directors - authority
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(1) The association shall be governed by a board of six directors, to be appointed by the commissioner. Such directors shall be individuals employed full-time in the business of writing workers' compensation insurance in Colorado, at least one shall be employed by Pinnacol Assura…
Colo. Rev. Stat. § 10-4-1305 Plan of operation - annual certification
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(1) (a) The board shall submit to the commissioner a proposed plan of operation consistent with the provisions of this part 13. If the board fails to do so, the commissioner shall promulgate a plan of operation or part thereof, as the case may be. The plan of operation approved o…
Colo. Rev. Stat. § 10-4-1306 Deficits - assessment - rebate of surplus

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(1) Whenever a deficit exists, the board shall, within ninety days, provide the commissioner with a program to eliminate the deficit within a reasonable time. (2) Any premiums or assessments collected by the plan in excess of the amount necessary to fund projected ultimate incurr…

Colo. Rev. Stat. § 10-4-1307 Annual statements

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The association shall file in the office of the commissioner annually, on or before June 1, a statement which shall contain information with respect to its transactions, condition, operations, and affairs during the preceding year. Such statement shall contain an independent actu…

Colo. Rev. Stat. § 10-4-1308 Examinations

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(1) The commissioner shall make an examination into the affairs of the association at least annually. (2) The evaluation shall include information on the administrative costs of operating a free-standing residual market mechanism as well as the need for rate adjustments necessary…

Colo. Rev. Stat. § 10-4-1309 Legislative declaration - authority of commissioner - emergency rules - judicial review

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(1) The general assembly finds, determines, and declares that the matters addressed in this part 13 are of the utmost urgency. Accordingly, the commissioner is authorized to, and shall, adopt emergency rules implementing this part 13 immediately. In addition, the commissioner is …

Colo. Rev. Stat. § 10-4-1310 Privileged communications

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There shall be no liability on the part of, and no civil suit for damages shall arise against, the association, the commissioner or his or her authorized representatives, or any other person or organization for any act or statement made in good faith by them during any proceeding…

Colo. Rev. Stat. § 10-4-1311 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. 95: Entire part added, p. 736, § 1, effective May 23.

Colo. Rev. Stat. § 10-4-1401 Legislative declaration

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The general assembly declares that the health, welfare, and safety of the people of the state of Colorado may not be enhanced by the regulation of insurance between sophisticated commercial entities and insurers. The general assembly finds that there are commercial entities that …

Colo. Rev. Stat. § 10-4-1402 Rules

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(1) (a) The commissioner shall promulgate rules necessary for the implementation and administration of this article. Such rules shall include, without limitation, the definition of what organizations and entities qualify as exempt commercial policyholders. Such definition shall r…

Colo. Rev. Stat. § 10-4-1403 Exemption from rate filing, approval, and form certification requirements

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(1) The requirements of sections 10-4-107, 10-4-108, 10-4-109, 10-4-109.5, 10-4-109.7, 10-4-110, 10-4-113, 10-4-403, 10-4-404, 10-4-404.5, 10-4-414, 10-4-419, and 10-4-421 shall not apply to insurers of exempt commercial policyholders. (2) If the commissioner determines, after pr…

Colo. Rev. Stat. § 10-4-1404 Multistate insurance risks - choice of law

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Where the exempt commercial policyholder operates in more than one state, the policy may include provisions within the insurance contract that determine disputes arising from claims handling and procedures, cancellation of the policy, or nonrenewal of the policy, which disputes s…

Colo. Rev. Stat. § 10-4-1501 Definitions

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As used in this part 15, unless the context otherwise requires: (1) "Customer" means a person who purchases portable electronics or services. (2) "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable …

Colo. Rev. Stat. § 10-4-1502 Licensure of vendors

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(1) A vendor shall hold a limited lines producer license issued by the division in accordance with part 4 of article 2 of this title in order to sell or offer coverage under a policy of portable electronics insurance. (2) A limited lines producer license issued for the purposes o…

Colo. Rev. Stat. § 10-4-1503 Requirements for sale of portable electronics insurance

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(1) At every location where portable electronics insurance is offered to customers, the vendor shall make brochures or other written materials available to a prospective customer that: (a) Disclose that portable electronics insurance may provide a duplication of coverage already …

Colo. Rev. Stat. § 10-4-1504 Authority of vendors of portable electronics

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(1) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and are not subject to licensure as an insurance producer under this title if: (a) The vendor obtains a limited lines producer license to authorize its employ…

Colo. Rev. Stat. § 10-4-1505 Suspension or revocation of license

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(1) If a vendor of portable electronics or its employee or authorized representative violates this part 15, the commissioner may take disciplinary action against the vendor in accordance with part 8 of article 2 of this title. A fine imposed as disciplinary action shall not excee…

Colo. Rev. Stat. § 10-4-1506 Termination of portable electronics insurance

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(1) Notwithstanding any other provision of law: (a) (I) Except as specified in subparagraphs (II) and (III) of this paragraph (a), an insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the vendor an…

Colo. Rev. Stat. § 10-4-1507 Application for license - fees

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(1) An applicant for a license under this part 15 shall apply for a license in accordance with section 10-2-404; except that, in lieu of providing information for all officers, partners, and directors as required by section 10-2-404 (2), the required information to be submitted f…

Colo. Rev. Stat. § 10-4-1601 Definitions

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As used in this part 16, unless the context otherwise requires: (1) "Administrator" means the person who is responsible for the administration of any service contracts issued by a provider or who is responsible for any submission required by this part 16 on behalf of a provider. …

Colo. Rev. Stat. § 10-4-1602 Exemptions

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(1) The following items are exempt from this part 16: (a) Warranties; (b) Maintenance agreements; (c) Service contracts offered by public utilities on their transmission devices to the extent they are regulated by the public utilities commission; (d) Service contracts sold or off…

Colo. Rev. Stat. § 10-4-1603 Requirements for sale of consumer goods service contracts - definitions

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(1) A provider may appoint an administrator or other designee to be responsible for any or all of the administration of service contracts issued by the provider and for compliance with this part 16. (2) A provider shall not issue, sell, or offer for sale a service contract unless…

Colo. Rev. Stat. § 10-4-1604 Obligations of reimbursement insurance companies

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(1) Insurers issuing reimbursement insurance policies to providers are deemed to have received the premiums for this insurance upon the payment of provider fees by consumers for service contracts issued by the insured providers. (2) If the provider does not provide covered servic…

Colo. Rev. Stat. § 10-4-1605 Required disclosures - reimbursement insurance policy

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(1) Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale must state that the reimbursement insurance company shall either: (a) Reimburse or pay on behalf of the provider any covered sums the provider is obligated to pay under the service c…

Colo. Rev. Stat. § 10-4-1606 Required disclosures - service contracts

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(1) Service contracts marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state must be written, printed, or typed in clear, understandable language that is easy to read. (2) Service contracts insured under a reimbursement insurance policy…

Colo. Rev. Stat. § 10-4-1607 Prohibited acts

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(1) (a) A provider shall not use in its name: (I) The words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business; or (II) A name deceptively similar to the name or description of any insurance or surety corpora…

Colo. Rev. Stat. § 10-4-1608 Required record keeping

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(1) A provider shall keep accurate accounts, books, and records concerning transactions regulated under this part 16. (2) A provider's accounts, books, and records must include: (a) Copies of each type of service contract sold; (b) The name and address of each service contract ho…

Colo. Rev. Stat. § 10-4-1609 Enforcement provisions - rules

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(1) (a) The commissioner may conduct market examinations or financial examinations of providers under sections 10-1-201 to 10-1-205 to enforce this part 16. (b) Upon the commissioner's request, the provider shall make available to the commissioner all accounts, books, and records…

Colo. Rev. Stat. § 10-4-1701 Definitions

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As used in this part 17, unless the context otherwise requires: (1) "Business entity" includes an individual working for or acting on behalf of the self-storage retailer. (2) "Insurer" means an admitted company or authorized company, as defined in section 10-1-102 (3), approved t…

Colo. Rev. Stat. § 10-4-1702 Authority to issue license

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(1) A supervising entity must hold a limited lines self-storage insurance producer license issued by the division in accordance with part 4 of article 2 of this title 10 in order to sell, solicit, or negotiate self-storage insurance. (2) An employee or authorized representative o…

Colo. Rev. Stat. § 10-4-1703 License - application - restrictions

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(1) (a) Before being issued a limited lines self-storage insurance producer license, a person must submit an application for a limited lines self-storage license in accordance with section 10-2-404; except that the applicant is not required to provide the information specified in…

Colo. Rev. Stat. § 10-4-1704 Disclosures to occupant

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(1) Before issuing a policy under this part 17, a self-storage retailer shall provide an occupant with a written self-storage insurance policy or self-storage insurance certificate that: (a) Summarizes clearly and correctly the material terms of coverage offered to the occupant, …

Colo. Rev. Stat. § 10-4-1705 Supervision of issuance - training

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(1) A supervising entity shall supervise the administration of the offering and disseminating of self-storage insurance. The supervising entity shall develop a training program for the offering and disseminating of the self-storage insurance and shall require any individual worki…

Colo. Rev. Stat. § 10-4-1706 Compensation

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(1) This part 17 does not prohibit the payment or receipt of related compensation in the form of a commission, service fee, brokerage, or other valuable consideration for the sale of self-storage insurance that the supervising entity is authorized to sell, solicit, or negotiate u…

Colo. Rev. Stat. § 10-4-1707 Exemption from requirements

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Notwithstanding any other provision of this part 17, rule promulgated by the commissioner, or order issued by the commissioner, a supervising entity is not required to meet the prelicensure educational requirements in section 10-2-201, continuing education requirements in section…

Colo. Rev. Stat. § 10-4-1708 Notification

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(1) Notwithstanding any other provision of law: (a) (I) Whenever written notice or correspondence with respect to a policy is required, the insurer shall send the notice within the notice period, if any, specified by law and may send notices and correspondence by either mail or e…

Colo. Rev. Stat. § 10-4-1709 Enforcement

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(1) The commissioner may, after notice and opportunity for a hearing, respond to a violation of a provision of this part 17 by: (a) Taking disciplinary action against any supervising entity pursuant to section 10-2-801; (b) Imposing other penalties, including suspending the licen…

Colo. Rev. Stat. § 10-4-1801 Short title

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The short title of this part 18 is the "Fair Access to Insurance Requirements Act" or "FAIR Act". Source: L. 2023: Entire part added, (HB 23-1288), ch. 170, p. 830, § 1, effective August 7.

Colo. Rev. Stat. § 10-4-1802 Legislative declaration

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(1) The general assembly finds that: (a) The impacts of climate change have resulted in an increasing frequency of natural disasters in Colorado; (b) Colorado experienced three of the largest wildfires in its history in the last five years, and the 2021 Marshall fire resulted in …

Colo. Rev. Stat. § 10-4-1803 Definitions

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As used in this part 18, unless the context otherwise requires: (1) "Board" means the board of directors of the FAIR plan association created in section 10-4-1805. (2) "Commercial property insurance" means insurance against direct loss to commercial property, including buildings …

Colo. Rev. Stat. § 10-4-1804 Fair access to insurance requirements plan association - creation - participation required

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(1) There is created the fair access to insurance requirements plan association, or FAIR plan association, which is a nonprofit, unincorporated legal entity. All member insurers are and remain members of the association as a condition of each member insurer's authority to transac…

Colo. Rev. Stat. § 10-4-1805 Fair access to insurance requirements plan association - board of directors - membership - duties - report

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(1) (a) The FAIR plan association board of directors is created as the governing body of the association and to administer the FAIR plan. The board consists of members appointed by the governor as follows: (I) Two members representing admitted mutual insurers writing property ins…

Colo. Rev. Stat. § 10-4-1806 FAIR plan - plan requirements - insurer requirements

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(1) The board shall establish the FAIR plan. The FAIR plan must satisfy the requirements of this part 18 and any rules promulgated by the commissioner pursuant to this part 18. (2) Rates for the FAIR plan must: (a) Not be excessive, inadequate, or unfairly discriminatory; (b) Be …

Colo. Rev. Stat. § 10-4-1807 Plan of operation - mandatory components - amendments - revocation by commissioner - rules

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(1) On or before July 1, 2024, the board shall establish and submit to the commissioner a plan of operation for the FAIR plan, which plan of operation satisfies this part 18. The plan of operation and any amendments to the plan of operation become effective upon written approval …

Colo. Rev. Stat. § 10-4-1808 FAIR plans - requirements for licensed producers

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The FAIR plan association shall not sell a policy subject to this part 18 directly to any person or entity. A FAIR plan policy may be issued only though a licensed producer who shall, on behalf of a person or entity, include evidence of at least three declinations of coverage for…

Colo. Rev. Stat. § 10-4-1809 Assessment of fees

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(1) (a) The FAIR plan association may collect fees from member insurers to generate sufficient revenue to start up the association. (b) A member insurer that pays a fee based on subsection (1)(a) of this section may recoup the amount directly from the member insurers' policyholde…

Colo. Rev. Stat. § 10-4-1810 Enforcement - suspension or revocation of certificate of authority - fines

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(1) After notice and hearing, the commissioner may suspend or revoke the certificate of authority to transact insurance business in this state of any member insurer that fails to timely pay a fee or to comply with the plan of operation. (2) As an alternative to suspension or revo…

Colo. Rev. Stat. § 10-4-1810.5 Immunity - exceptions - remedies

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(1) A member insurer, the FAIR plan association and its agents or employees, the board of directors, and the commissioner or the commissioner's representatives are immune for any action taken by them in the performance of their powers and duties under this part 18. (2) (a) The ex…

Colo. Rev. Stat. § 10-4-1811 Appeals - judicial review

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Any final action or order of the commissioner issued pursuant to this part 18 is subject to judicial review by the court of appeals pursuant to section 24-4-106 (11). Source: L. 2023: Entire part added, (HB 23-1288), ch. 170, p. 837, § 1, effective August 7.