The purpose of this part 11 is to regulate trade practices in the business of insurance by defining, or providing for the determination of, all such practices in this state that constitute unfair methods of competition or unfair or deceptive acts or practices, and by prohibiting the trade practices so defined or determined. No rules […]
As used in this part 11, unless the context otherwise requires: “Commissioner” means the commissioner of insurance. “Insurance policy” or “insurance contract” means any contract of insurance, indemnity, medical or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any person. (2.5) Repealed. “Person” means any individual, corporation, association, partnership, […]
No person shall engage in this state in any trade practice which is defined in this part 11 as, or determined pursuant to section 10-3-1107 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. Source: L. 73: R&RE, p. 858, § 1. C.R.S. 1963: […]
The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: Misrepresentations and false advertising of insurance policies: Making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, circular, statement, sales presentation, omission, or comparison which: Misrepresents the benefits, advantages, conditions, or […]
The general assembly declares that a balance must be maintained between the need for information by those conducting the business of insurance and the public’s need for fairness in practices for testing for the human immunodeficiency virus, including the need to minimize intrusion into an individual’s privacy and the need to limit disclosure of the […]
The general assembly hereby finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The general assembly further declares that: Genetic information is the unique property of the individual to whom the information pertains; Any information concerning an individual […]
The general assembly hereby finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The general assembly further declares that: Genetic information is the unique property of the individual to whom the information pertains; Any information concerning an individual […]
As used in this section, unless the context otherwise requires: “Domestic abuse” means the occurrence of one or more of the following acts between family members, current or former household members, or persons who are or have been involved in an intimate relationship: Committing an act of unlawful sexual behavior, as described in part 4 […]
In addition to the methods and practices prohibited pursuant to section 10-3-1104 (1)(f), an insurer shall not, with regard to any insurance practice: Unfairly discriminate based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression; or Pursuant to rules adopted by the commissioner, use any external consumer […]
No person may: Require, as a condition precedent to the lending of money, or extension of credit, or to entering into any lease transaction, or any renewal of any of them, that the person to whom such money or credit is extended, or the lessee, or the person whose obligation the creditor is to acquire […]
The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by this part […]
Whenever the commissioner has reason to believe that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice, whether defined or reasonably implied in this part 11, or has violated any other provision of this title or any rule or […]
If, after a hearing conducted under section 10-3-1107, the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice or has violated any other provision of this title or any rule or lawful order of the commissioner, the commissioner shall reduce the findings […]
Any person who violates a cease-and-desist order of the commissioner issued under section 10-3-1108, and while such order is in effect, may, after notice and hearing and upon order of the commissioner, be subject, at the discretion of the commissioner, to any one or more of the following: A monetary penalty of not more than […]
The commissioner may, after notice and hearing, as provided in article 4 of title 24, C.R.S., promulgate reasonable rules and regulations as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by sections 10-3-1104 and 10-3-1105. The commissioner may, after notice and hearing, as provided in article […]
The powers vested in the commissioner by this part 11 shall be additional to any other powers to enforce any monetary or other penalties or forfeitures authorized by law with respect to the methods, acts, and practices declared in this part 11 to be unfair or deceptive. Source: L. 73: R&RE, p. 862, § 1. […]
If any person asks to be excused from attending and testifying or from producing any books, papers, records, correspondence, or other documents at any hearing on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture and, notwithstanding, is directed to give […]
In any civil action for damages founded upon contract, or tort, or both against an insurance company, the trier of fact may be instructed that the insurer owes its insured the duty of good faith and fair dealing, which duty is breached if the insurer delays or denies payment without a reasonable basis for its […]
Except as provided in sections 10-3-1115 and 10-3-1116, nothing in this part 11 shall be construed to create a private cause of action based on alleged violations of this part 11 or to abrogate any common law contract or tort cause of action. Source: L. 87: Entire section added, p. 424, § 1, effective July […]
A person engaged in the business of insurance shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant. For the purposes of this section and section 10-3-1116: “First-party claimant” means an individual, corporation, association, partnership, or other legal entity asserting an entitlement to benefits […]
