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Colorado Statutes, Title 10

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Colorado/Statutes

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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. § 10-4-1001 Short title
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This part 10 shall be known and may be cited as the "Fraudulent Claims and Arson Information Reporting Act". Source: L. 79: Entire part added, p. 390, § 1, effective June 7. L. 93: Entire part amended, p. 393, § 3, effective July 1.
Colo. Rev. Stat. § 10-4-1002 Definitions
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As used in this part 10, unless the context otherwise requires: (1) "Authorized agency" means: (a) A fire department; (b) The Colorado bureau of investigation, the office of the attorney general, and any other law enforcement agency authorized or charged with the investigation of…
Colo. Rev. Stat. § 10-4-1003 Disclosure of information
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(1) (a) When any person or insurer has reason to believe that a fire loss may have been caused by other than accidental means or that any insurance claim may be fraudulent, then such person may, and such insurer shall, notify an authorized agency or a secondary agency. (b) A noti…
Colo. Rev. Stat. § 10-4-1004 Evidence - confidential
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(1) Any authorized agency, secondary agency, or insurer which receives any information furnished pursuant to this part 10 shall hold the information in confidence except as provided in section 10-4-1003 (4) or until such time as its release is required pursuant to a civil or crim…

Colo. Rev. Stat. § 10-4-1005 Immunity

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(1) In the case of actions taken under this part 10, and except where information is furnished with knowledge that the information is false or with reckless disregard for its truth or falsity, there may be no civil penalty or damages on the part of, and no claim for relief may be…

Colo. Rev. Stat. § 10-4-1006 Enforcement

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(1) No person, authorized agency, or insurer shall: (a) Intentionally or knowingly refuse to release any information requested pursuant to section 10-4-1003 (2); (b) Intentionally or knowingly fail to provide authorized agencies with relevant information pursuant to section 10-4-…

Colo. Rev. Stat. § 10-4-1007 Penalty

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Any person who violates any of the provisions of this part 10 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Source: L. 79: Entire part added, p. 392, § 1, effective June 7. L. 93: Entire part amended, p. 396, § 3, effective July 1. …

Colo. Rev. Stat. § 10-4-1008 Municipal ordinances - concurrent jurisdiction - common law

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(1) The provisions of this part 10 shall not be construed to affect, supersede, or repeal any ordinance of any municipality relating to fire prevention or control of arson. (2) The Colorado bureau of investigation shall have investigative authority concurrent with that of county …

Colo. Rev. Stat. § 10-4-1009 Continuing duties of insurers - unfair claim settlement practices

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The provisions of this part 10 shall not be construed to affect or supersede the duties of insurers and other persons pursuant to the provisions of part 11 of article 3 of this title. Source: L. 93: Entire part amended, p. 396, § 3, effective July 1.

Colo. Rev. Stat. § 10-4-101 Legislative declaration

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The general assembly declares that the health, welfare, and safety of the people of the state of Colorado would be enhanced by the expeditious handling of liability claims. The general assembly further declares that the handling of such claims would be expedited if voluntary paym…

Colo. Rev. Stat. § 10-4-101.5 Definitions

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As used in this article 4, unless the context otherwise requires: (1) "Homeowner's insurance" means insurance that covers damage or loss to all types of homes, including, but not limited to, site-built homes, manufactured homes, factory-built homes, and mobile homes. Source: L. 2…

Colo. Rev. Stat. § 10-4-102 Federal "voluntary fair access to insurance required, property insurance program" - state qualification

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In order that this state may share in the provisions of 12 U.S.C. sec. 1749bbb, which makes available to states that qualify with its provisions a federal program of reinsurance against abnormally high property insurance losses resulting from riots and other civic commotions, the…

Colo. Rev. Stat. § 10-4-103 Voluntary partial payment of liability claims without admission of liability

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No voluntary partial payment of a claim against any person based on alleged liability of that person for injury or property damage arising out of any occurrence shall be construed as an admission of fault or liability, or as a waiver or release of claim, by the person receiving s…

Colo. Rev. Stat. § 10-4-104 Competency of minor to contract for insurance - nonavoidance

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Any minor sixteen years of age or older may, notwithstanding his or her minority, contract for insurance, including motor vehicle insurance, upon his or her own property or liabilities. The minor is hereby determined to be competent to exercise all rights and powers with respect …

Colo. Rev. Stat. § 10-4-105 Valuation of bonds and policies other than life

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For the purpose of establishing the liability of companies doing a surety business and of insurance companies other than life, the amount required to safely reinsure all outstanding risks shall be estimated by taking fifty percent of the gross annual premiums on all surety bonds,…

Colo. Rev. Stat. § 10-4-106 Assigned risks

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(1) The commissioner may, after consultation with the insurers licensed to write mortgage guaranty insurance in this state, establish or approve a reasonable plan, and rules governing the same, for the equitable apportionment among such insurers of applicants for such insurance w…

Colo. Rev. Stat. § 10-4-106.5 Medical malpractice insurers - requirement to provide information to the department of public health and environment

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Upon request by the department of public health and environment pursuant to section 25-52-104 (5)(e), an insurer offering a policy of medical malpractice insurance shall provide the department with information regarding the insurer's policies related to labor and delivery service…

Colo. Rev. Stat. § 10-4-107 Cancellation of medical malpractice policies

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(1) A notice of cancellation of a medical malpractice policy shall be valid only if it is based on one or more of the following reasons: (a) Nonpayment of premiums; or (b) The license of the insured health-care provider has been suspended or revoked by the appropriate state regul…

Colo. Rev. Stat. § 10-4-108 Notice

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(1) No notice of the cancellation of a policy to which section 10-4-107 applies shall be valid unless mailed or delivered by the insurer to the named insured at least ninety days prior to the effective date of cancellation; but, where cancellation is for nonpayment of premium, at…

Colo. Rev. Stat. § 10-4-109 Nonrenewal of medical malpractice policies

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(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 sec…

Colo. Rev. Stat. § 10-4-109.5 Notice of intent prior to unilateral increase in premium or decrease in coverage previously provided in medical malpractice policies

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(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 lea…

Colo. Rev. Stat. § 10-4-109.6 Medical malpractice insurers - protections relating to reproductive health care - definition

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(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 lega…

Colo. Rev. Stat. § 10-4-109.7 Notice of intent prior to cancellation of certain policies of insurance

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(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 omission…

Colo. Rev. Stat. § 10-4-110 Notice of intent prior to nonrenewal of certain policies of insurance

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(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…

Colo. Rev. Stat. § 10-4-110.3 Exclusions where claim involves sexual misconduct - void

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(1) No insurer, in a policy of professional malpractice insurance, shall attempt to nullify or limit its stated liability with regard to claims not relating to sexual misconduct in cases where: (a) There is an allegation or proof of a claim of sexual misconduct by the insured; an…

Colo. Rev. Stat. § 10-4-110.4 Exclusion - claims involving loss in progress not known to insured

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(1) A provision in a liability insurance policy issued to a construction professional excluding or limiting coverage for one or more claims arising from bodily injury, property damage, advertising injury, or personal injury that occurs before the policy's inception date and that …

Colo. Rev. Stat. § 10-4-110.5 Notice of intent prior to unilateral increase in premium or decrease in coverage previously provided in certain policies of insurance

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(1) No insurer shall increase the premium unilaterally or decrease the coverage benefits on renewal of a policy of insurance that provides coverages on commercial exposures such as general comprehensive liability, municipal liability, automobile liability and physical damage, fid…

Colo. Rev. Stat. § 10-4-110.7 Cancellation or nonrenewal - homeowner's insurance policies

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(1) (a) If an insurer issues a binder of insurance during a period in which the insurer assesses the risk related to an individual's real and personal property for the purposes of homeowner's insurance, the insurer shall provide notice to the potential insured that the documents …

Colo. Rev. Stat. § 10-4-110.8 Homeowner's insurance - prohibited and required practices - estimates of replacement value - additional living expense coverage - copies of policies - personal property contents coverage - inventory of personal property - requirements concerning total loss scenarios resulting from wildfire disasters - definitions - rules

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(1) An insurer may not cancel or fail to renew coverage of an insured solely because the insured inquires about coverage for homeowner's insurance and the inquiry is not related to an actual claim to the property insured. (2) An insurer may only provide information regarding clai…

Colo. Rev. Stat. § 10-4-110.9 Fire insurance - issuance and renewal of policies within federally designated disaster areas

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(1) No insurer shall refuse to issue a fire insurance policy for any property located within a federally designated disaster area, so designated because of wildfire, where such refusal is based on such property's zip code, county location, or distance from any wildfire. This sect…

Colo. Rev. Stat. § 10-4-111 Summary disclosure forms required

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(1) Every insurer issuing policies of dwelling fire insurance, homeowner's insurance, or automobile insurance subject to the provisions of part 6 of this article shall, as a condition of doing business in this state, have on file for public inspection at the division a summary di…

Colo. Rev. Stat. § 10-4-113 Exemptions

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(1) The commissioner shall have authority to grant reasonable exemptions from the provisions of sections 10-4-107, 10-4-108 (1), 10-4-109 (1), 10-4-109.5, 10-4-109.7, 10-4-110 (1), and 10-4-110.5 if compliance therewith is shown to be impracticable. Such exemptions may be granted…

Colo. Rev. Stat. § 10-4-114 Requirements on hazard insurance coverage for loans secured by real property

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(1) No lender shall require a borrower under a loan secured by real property to provide hazard insurance coverage on that property in an amount exceeding the replacement value of the improvements on the property. (2) Any person harmed by a violation of this section shall be entit…

Colo. Rev. Stat. § 10-4-115 Private utilization review

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(1) As used in this section, unless the context otherwise requires: (a) "Private utilization review organization" means an entity, other than a hospital or public reviewer following federal guidelines, which conducts utilization review. (b) "Utilization review" means an evaluatio…

Colo. Rev. Stat. § 10-4-116 Use of credit information

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(1) An insurer that offers personal lines of property and casualty insurance shall not: (a) Use an insurance score that is calculated using income, gender, address, United States postal zip code, ethnic group, religion, marital status, or nationality of the consumer; (b) Deny, ca…

Colo. Rev. Stat. § 10-4-117 Loss history information report - notice to insured - definition

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(1) Each insurer shall print in at least twelve-point bold-faced type, on the first page of each packet containing the insurance policy and each packet containing the renewal notice for homeowner's insurance or as a separate document: (a) Information regarding how an insured may …

Colo. Rev. Stat. § 10-4-118 Severability

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If any provision or clause of this part 1 or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this part 1 that can be given effect without the invalid provision or application, and to this end…

Colo. Rev. Stat. § 10-4-119 Monthly and electronic payment of premiums

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An insurer offering personal lines of property and casualty insurance shall offer each policyholder the option to pay his or her insurance premiums monthly and to make premium payments by automatic electronic transfer. The insurer shall not be required to offer such payment optio…

Colo. Rev. Stat. § 10-4-120 Unfair or discriminatory trade practices - legislative declaration

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(1) (a) The general assembly determines that competition is fundamental to the free market system and that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest-quality commodities and services,…

Colo. Rev. Stat. § 10-4-1201 Definitions

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As used in this part 12, unless the context otherwise requires: (1) "Accredited state" means a state in which the insurance department has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the national association of …

Colo. Rev. Stat. § 10-4-1202 Minimum standards

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(1) Applicability of section. (a) The provisions of this section shall apply if, in any calendar year, the aggregate amount of gross written premium on business placed with a controlled insurer by a controlling producer is equal to or greater than five percent of the admitted ass…

Colo. Rev. Stat. § 10-4-1203 Disclosure

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The producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer; except that, if the business is placed through a subproducer who is not a controlling prod…

Colo. Rev. Stat. § 10-4-1204 Penalties

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(1) (a) If the commissioner believes that the controlling producer or any other person has not materially complied with this part 12 or with any regulation or order promulgated pursuant thereto, after notice and opportunity to be heard, the commissioner may order the controlling …

Colo. Rev. Stat. § 10-4-1205 Applicability

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This part 12 shall apply to licensed insurers as defined in section 10-4-1201 (6), whether domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All provisions of part 8 of article 3 of this title, to the ext…

Colo. Rev. Stat. § 10-4-1206 Effective date

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This part 12 shall take effect July 1, 1992. Controlled insurers and controlling producers who are not in compliance with section 10-4-1202 as of such date shall have sixty days thereafter to come into compliance with said section and shall, in addition, comply with section 10-4-…

Colo. Rev. Stat. § 10-4-121 Authority of insurer to protect policyholders' property - emergency

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Notwithstanding any other provision of law, an insurer may provide services protecting the property of its policyholders in the event of an emergency. Source: L. 2014: Entire section added, (SB 14-097), ch. 62, p. 282, § 2, effective July 1.

Colo. Rev. Stat. § 10-4-123 Policy summary of major provisions - choice of language - penalty for insurer noncompliance - rules - definitions

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(1) (a) (I) On or after January 1, 2026, an insurer that issues insurance policies in this state shall provide a summary document in Spanish and that satisfies the requirements of subsection (1)(a)(II) of this section to: (A) The named insured under an insurance policy issued in …

Colo. Rev. Stat. § 10-4-124 Homeowner insurance - underwriting - wildfire risk models - requirements - definitions - rules

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(1) As used in this section, unless the context otherwise requires: (a) "Catastrophe model" means a tool, instrumentality, means, or product, including a map-based tool, a computer-based tool, or a simulation that is used by an insurer to estimate potential losses from catastroph…

Colo. Rev. Stat. § 10-4-1301 Legislative declaration

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The purpose of this part 13 is to ensure the continuing availability of necessary black lung insurance in this state by establishing a temporary market for black lung insurance coverage. It is intended that the nonprofit temporary joint underwriting association created by this pa…

Colo. Rev. Stat. § 10-4-1302 Definitions

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As used in this part 13, unless the context otherwise requires: (1) "Association" means the joint underwriting association created pursuant to this part 13. (2) "Black lung insurance" means any insurance policy providing coverage to employers subject to the "Federal Coal Mine Hea…