Title 10, Insurance
0 chapters · 1,354 sections in this title.
Colo. Rev. Stat. § 10-1-101 Legislative declaration
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The general assembly finds and declares that the purpose of this title is to promote the public welfare by regulating insurance to the end that insurance rates shall not be excessive, inadequate, or unfairly discriminatory, to give consumers thereof the greatest choice of policie…
Colo. Rev. Stat. § 10-1-102 Definitions
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As used in this title 10, unless the context otherwise requires: (1) Actuary means a person designated by the commissioner as a qualified actuary based on requirements set forth in rules promulgated by the commissioner. (2) Admitted assets includes the investments that are admitt…
Colo. Rev. Stat. § 10-1-103 Division of insurance - division of insurance cash fund created - division subject to repeal - repeal of functions
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(1) There is established a division of insurance in the department of regulatory agencies. The division of insurance is a type 1 entity, as defined in section 24-1-105. This division is charged with the execution of the laws relating to insurance and has a supervising authority o…
Colo. Rev. Stat. § 10-1-104 Commissioner of insurance - other employees
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(1) The commissioner of insurance is the head of the division of insurance. The commissioner shall be appointed by, and serve at the pleasure of, the governor, subject to confirmation of the appointment by the senate pursuant to section 23 of article IV of the state constitution.…
Colo. Rev. Stat. § 10-1-105 Actuary
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The commissioner may maintain in the division an actuary who is experienced, skilled, and fully competent to perform the actuarial duties of the division and to assist in or take charge of examinations of insurance companies under the general direction of the commissioner. Source…
Colo. Rev. Stat. § 10-1-106 Oath required of insurance commissioner and actuary
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The commissioner and the actuary, before entering upon their duties, shall take and subscribe to the oath required by the constitution of Colorado, which oath shall be filed in the office of the secretary of state. Source: L. 2003: Entire article RC&RE, p. 592, � 1, effective Jul…
Colo. Rev. Stat. § 10-1-107 Personal fees prohibited
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Neither the commissioner nor any of the commissioner's employees shall be directly or indirectly employed by any insurance company, association, or society, in any capacity, or be directly or indirectly interested in any such insurance corporation, except as a policyholder; nor s…
Colo. Rev. Stat. § 10-1-108 Duties of commissioner - reports - publications - fees - disposition of funds - adoption of rules - examinations and investigations
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(1) It is the duty of the commissioner to: (a) File in offices of the division, and safely keep, all books and papers required by law to be filed therein and to keep and preserve in permanent form a full record of the commissioner’s proceedings, including a concise statement of t…
Colo. Rev. Stat. § 10-1-109 Rules of commissioner
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(1) The commissioner may establish, and from time to time amend, such reasonable rules as are necessary to enable the commissioner to carry out the commissioner's duties under the laws of the state of Colorado. (2) The commissioner shall adopt rules to ensure that payments to the…
Colo. Rev. Stat. § 10-1-110 Grounds and procedure for suspension or revocation of certificate or license of entities
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(1) The certificate of authority of an insurance company to do business in this state may be revoked or suspended by the commissioner for any reason specified in this title and article 14 of title 24, C.R.S. Specifically, the certificate may be suspended or revoked by the commiss…
Colo. Rev. Stat. § 10-1-111 Invoking aid of courts
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The commissioner, through the attorney general, may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enforce any proper order made by the commissioner or action taken by the commissioner; but nothing in this title (except article…
Colo. Rev. Stat. § 10-1-112 Policy conditions required by other states
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The policies of a domestic insurance company, when issued or delivered in any other state, territory, district, or country, may contain any provision required by the laws of the state, territory, district, or country in which the same are issued, anything in this title (except ar…
Colo. Rev. Stat. § 10-1-113 No seal required on policies
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All policies or contracts made or entered into by any domestic company may be made with or without the seal thereof. The policies or contracts shall be subscribed by the president or such other officers as may be designated by the bylaws for that purpose, and shall be attested by…
Colo. Rev. Stat. § 10-1-114 Sale of premium notes prohibited
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It is unlawful for any insurance company or any agent thereof who has accepted a premium note in payment for a policy of insurance to hypothecate, sell, assign, dispose of, or attempt to collect said note prior to the delivery of said insurance policy to the applicant. Source: L.…
Colo. Rev. Stat. § 10-1-115 Penalty
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If any insurance company or any agent of any such company violates any of the provisions of section 10-1-114, the commissioner has the power and is authorized to revoke the certificate of authority of any company so offending or to cancel the license of any such agent who violate…
Colo. Rev. Stat. § 10-1-116 Defamation of other companies - penalty
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It is unlawful for any insurance company doing business in this state, or any officer, director, clerk, employee, or agent thereof, to make, verbally or otherwise, publish, print, distribute, or circulate, or cause the same to be done, or in any way to aid, abet, or encourage the…
Colo. Rev. Stat. § 10-1-117 Company unauthorized in other states
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If, upon investigation, the commissioner finds that any insurance company incorporated under the laws of Colorado is doing business in another state or territory without having first procured a license or authority from such state or territory, if any is required, authorizing it …
Colo. Rev. Stat. § 10-1-118 Foreign companies - unsatisfied judgments - suspension
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(1) If a judgment against a foreign insurance company is unsatisfied, and execution has issued on said judgment, and the return of the sheriff discloses that the sheriff cannot fully satisfy such judgment, the judgment creditor or judgment creditor's attorney may file with the co…
Colo. Rev. Stat. § 10-1-119 Insurance vending machines prohibited
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No policy or contract of insurance of any kind shall be sold or dispensed through any mechanical device or vending machine, but this section shall not be construed as to prevent the use of office machines of any type by an insurance company. Insurance shall be sold only by an ins…
Colo. Rev. Stat. § 10-1-120 Reporting of medical malpractice claims
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(1) Each insurance company licensed to do business in this state and engaged in the writing of medical malpractice insurance for licensed practitioners shall send to the Colorado medical board, in the form prescribed by the commissioner of insurance, information relating to each …
Colo. Rev. Stat. § 10-1-120.5 Reporting of malpractice claims against nurses
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(1) Each insurance company licensed to do business in this state and engaged in writing malpractice insurance for nurses shall send to the state board of nursing, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed nurse t…
Colo. Rev. Stat. § 10-1-121 Reporting of malpractice claims against physical therapists
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(1) Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for physical therapists licensed under article 285 of title 12 shall send to the director of the division of professions and occupations, in the department of regu…
Colo. Rev. Stat. § 10-1-122 Reporting of malpractice claims against architects
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Each insurance company doing business in this state and engaged in the writing of malpractice insurance for architects shall send to the state board of licensure for architects, professional engineers, and professional land surveyors, in the form prescribed by the commissioner, i…
Colo. Rev. Stat. § 10-1-123 Reporting of claims against plumbers
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Each insurance company licensed to do business in this state and engaged in the writing of insurance for plumbers shall send within ninety days to the examining board of plumbers, in the form prescribed by the commissioner, information relating to each malpractice claim against a…
Colo. Rev. Stat. § 10-1-124 Reporting of podiatric malpractice claims
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(1) Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for licensed podiatrists shall send to the Colorado podiatry board, in the form prescribed by the commissioner, information relating to each malpractice claim agai…
Colo. Rev. Stat. § 10-1-125 Reporting of malpractice claims against optometrists
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(1) Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for optometrists shall send to the state board of optometry, in the form prescribed by the commissioner, information relating to each malpractice claim against a l…
Colo. Rev. Stat. § 10-1-125.3 Reporting of malpractice claims against pharmacists and pharmacies
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(1) Each insurance company licensed to do business in this state and engaged in writing malpractice insurance for licensed pharmacists and registered pharmacies, and each pharmacist or pharmacy that self-insures, shall send to the state board of pharmacy, in the form prescribed b…
Colo. Rev. Stat. § 10-1-125.5 Reporting of malpractice claims against naturopathic doctors
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Each insurance company licensed to do business in this state and engaged in writing malpractice insurance for naturopathic doctors registered under article 250 of title 12 shall send to the director of the division of professions and occupations in the department of regulatory ag…
Colo. Rev. Stat. § 10-1-125.7 Reporting of malpractice claims against audiologists
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(1) Each insurance company licensed to do business in this state and engaged in the writing of malpractice insurance for audiologists shall send to the director of the division of professions and occupations in the department of regulatory agencies, in the form prescribed by the …
Colo. Rev. Stat. § 10-1-126 Training program for persons working with the aging
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The division of insurance shall develop a training program for persons working with the aging on the local level that will enable them to assist the elderly in dealing with their medicare supplemental insurance problems. Source: L. 2003: Entire article RC&RE, p. 601, � 1, effecti…
Colo. Rev. Stat. § 10-1-127 Discretionary use of administrative law judges
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Whenever the commissioner or the division of insurance pursuant to this title or any other provision of law is obligated or authorized to hold a hearing, the commissioner, at his or her discretion, may designate an employee of the division of insurance who has administrative resp…
Colo. Rev. Stat. § 10-1-128 Fraudulent insurance acts - immunity for furnishing information relating to suspected insurance fraud - legislative declaration
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(1) For purposes of this title 10, articles 40 to 47 of title 8, articles 200, 215, 220, 240, 245, 255, 270, 275, 285, 290, 300, and 305 of title 12, and article 20 of title 44, a fraudulent insurance act is committed if a person knowingly and with intent to defraud presents, cau…
Colo. Rev. Stat. § 10-1-129 Fraudulent insurance acts - enforcement
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The attorney general shall have concurrent jurisdiction with the district attorneys of this state to investigate and prosecute allegations of criminal conduct related to insurance fraud pursuant to this title and titles 8 and 18, C.R.S. The cost to the attorney general of such in…
Colo. Rev. Stat. § 10-1-130 Availability of sickness, health, and accident insurance
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(1) The commissioner shall assess the availability of sickness, health, and accident insurance in Colorado with a view to identifying specific groups of persons to whom such coverage is unavailable by virtue of cost, preexisting condition, or other circumstances. (2) Repealed. So…
Colo. Rev. Stat. § 10-1-131 Duties to third parties - rules
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(1) Pursuant to rules promulgated by the commissioner, an insurer shall notify any additional insured by endorsement on a general liability policy, whose interests are affected by a claim, of the results of the insurer's investigation of such claim and the status of the claim wit…
Colo. Rev. Stat. § 10-1-132 Oversight of the general assembly
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Nothing in this title shall limit the ability of the general assembly to direct the accounting principles to be used by insurers authorized in this state in order to create uniformity. Source: L. 2003: Entire article RC&RE, p. 605, � 1, effective July 1. Editor's note: This secti…
Colo. Rev. Stat. § 10-1-133 Consumer insurance council - creation - advisory body - appointment of members - meetings - repeal
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(1) There is hereby created in the division the consumer insurance council, also referred to in this section as the “council”. The council is an advisory body to the commissioner concerning insurance matters of interest to the public. Nothing in this section divests the commissio…
Colo. Rev. Stat. § 10-1-134 Office of insurance ombudsman - plan - report to joint budget committee
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On or before September 15, 2008, the commissioner shall present a plan to the joint budget committee of the general assembly regarding the establishment of an office of insurance ombudsman. The plan shall include an assessment of the need to establish the office, a plan to implem…
Colo. Rev. Stat. § 10-1-135 Reimbursement for benefits - limitations - notice - definitions - legislative declaration
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(1) The general assembly hereby finds and declares that: (a) When a payer of benefits seeks repayment of the benefits provided to an injured party, the repayment reduces the amount available to the injured party to compensate him or her for injuries and damages other than the cos…
Colo. Rev. Stat. § 10-1-136 Insurance policies - language other than English - increasing access for non-English-speaking consumers - definitions
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(1) An insurer may conduct transactions in a language other than English. (2) An insurer authorized to offer insurance in this state may provide insurance policies, endorsements, riders, and any explanatory or advertising materials in a language other than English. If an insurer …
Colo. Rev. Stat. § 10-1-137 Electronic delivery of documents - when permitted - definitions - consent - construction with other laws
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(1) As used in this section, unless the context otherwise requires: (a) Delivered or delivery “by electronic means” to a party includes: (I) Delivery to an electronic mail address at which the party has consented to receive notices or documents; and (II) Posting on an electronic …
Colo. Rev. Stat. § 10-1-138 Internet posting of standard insurance provisions - conditions - notice of revisions
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(1) Notwithstanding any provision of section 10-1-137 to the contrary, standard insurance policies and endorsements that do not contain personally identifiable information may be mailed, delivered, or posted on the insurer’s website. If the insurer elects to post insurance polici…
Colo. Rev. Stat. § 10-1-139 Confidentiality
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(1) Except as otherwise provided by law, when the commissioner conducts an investigation, all documents, including working papers, claim files, recorded information, electronic mail, and all copies of those documents, that are produced or obtained by or disclosed to the commissio…
Colo. Rev. Stat. § 10-1-140 Subpoena authority
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The division may issue subpoenas, administer oaths, and examine under oath any person as to any matter relevant to the regulatory authority of the division. Upon the failure or refusal of a person to obey a subpoena, the division may petition a court of competent jurisdiction for…
Colo. Rev. Stat. § 10-1-141 Investigations - rules
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(1) The commissioner may contract, pursuant to section 24-50-504 (2)(c) and (2)(e), with a person that has technical or subject matter expertise or skill and experience in investigative techniques to assist the division in performing investigations of a company or producer pursua…
Colo. Rev. Stat. § 10-1-142 Prohibition on denial of coverage or increase in premiums of insurance for living organ donors - commissioner to enforce - short title - definitions
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(1) The short title of this section is the “Living Donor Protection Act of 2019”. (2) Notwithstanding any other law, a person subject to regulation by the division pursuant to this title 10 shall not: (a) Decline or limit coverage of a person under a policy or contract for life i…
Colo. Rev. Stat. § 10-1-143 Study on homeowner's insurance - repeal. (Repealed)
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Source: L. 2022: Entire section added, (SB 22-206), ch. 173, p. 1156, � 5, effective May 17. Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2023. (See L. 2022, p. 1156.) 10-1-144. Cost to reconstruct a home - annual report - homeowner's i…
Colo. Rev. Stat. § 10-1-144 Cost to reconstruct a home - annual report - homeowner’s insurance affordability study - rules
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(1) (a) The commissioner shall contract with an independent third party to prepare an annual residential reconstruction consumer information report on the cost of reconstructing homes in Colorado, taking into account the region of the state, the home types by design structure, di…
Colo. Rev. Stat. § 10-1-145 Study regarding standards for the remediation of residential premises after fire - required considerations - report - repeal
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(1) (a) The division shall conduct or cause to be conducted a study that: (I) Evaluates methods of inspecting, testing, and remediating residential premises that have been damaged by smoke, soot, ash, and other contaminants as a result of a fire; (II) Includes recommendations reg…
Colo. Rev. Stat. § 10-1-201 Legislative declaration
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The general assembly finds, determines, and declares that it is necessary to establish an effective and efficient system for examining the activities, operations, financial conditions, and affairs of all persons transacting the business of insurance in this state and all persons …