§ 10-10-101. Short Title
This article shall be known and may be cited as the “Credit Insurance Act”. Source: L. 69: p. 536, § 2. C.R.S. 1963: § 72-28-2. L. 92: Entire section amended, p. 1569, § 81, effective May 20.
§ 10-10-102. Legislative Declaration
The purpose of this article is to promote the public welfare by regulating credit insurance. Nothing in this article is intended to prohibit or discourage reasonable competition. The provisions of this article shall be liberally construed. Source: L. 69: p. 536, § 1. C.R.S. 1963: § 72-28-1. L. 92: Entire section amended, p. 1569, § […]
§ 10-10-103. Definitions
As used in this article, unless the context otherwise requires: “Commissioner” means the commissioner of insurance of Colorado. “Credit insurance” means insurance on a debtor to provide indemnity for payments or loan balance, or any combination thereof, becoming due on a specific loan or other credit transaction upon the occurrence of a contingency for which […]
§ 10-10-104. Application of Article
All insurance in connection with loans or other credit transactions shall be subject to the provisions of this article. Insurance shall not be subject to the provisions of this article where the issuance of such insurance is an isolated transaction on the part of the insurer not related to an agreement or a plan for […]
§ 10-10-106. Amount of Credit Insurance
The initial amount of credit insurance shall not exceed the total amount repayable under the contract of indebtedness and, where an indebtedness is repayable in substantially equal installments, the amount of insurance shall at no time exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater. Notwithstanding the provisions of subsection (1) of […]
§ 10-10-107. Term of Credit Insurance
The term of any credit insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor; except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of […]
§ 10-10-108. Provisions of Policies and Certificates of Insurance – Disclosure to Debtors
All credit insurance shall be evidenced by an individual policy or, in the case of group insurance, by a certificate of insurance, which individual policy or group certificate of insurance shall be delivered to the debtor. Each individual policy or group certificate of credit insurance shall, in addition to other requirements of law, set forth: […]
§ 10-10-109. Filing Form Certification – Filing of Rating Data – Withdrawal of Forms
All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this state shall be certified, and the schedules of premium rates pertaining thereto shall be filed with the commissioner pursuant to subsections (3), (3.5), and (4) of this section. Repealed. (2.5) (a) For credit […]
§ 10-10-110. Premiums and Refunds
If an insurer has elected to file pursuant to section 10-10-109 (2.5)(b), the insurer may revise its schedules of premium rates from time to time and shall file such revised schedules with the commissioner. No insurer shall issue any credit insurance policy for which the premium rate exceeds that determined by the schedules of such […]
§ 10-10-111. Issuance of Policies
All policies of credit insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein and shall be issued only through holders of licenses or authorizations issued by the commissioner. Source: L. 69: p. 540, § 11. C.R.S. 1963: § 72-28-11. L. 92: Entire […]
§ 10-10-112. Claims
All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. All claims shall be paid either by draft drawn upon the insurer or by […]
§ 10-10-113. Existing Insurance – Choice of Insurer
When credit insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance […]
§ 10-10-114. Enforcement
The commissioner may, after notice and hearing, issue such rules and regulations as he deems appropriate for the supervision of this article. If the commissioner finds that there has been a violation of this article or any rules or regulations issued pursuant thereto, and after written notice thereof and hearing given to the insurer or […]
§ 10-10-115. Judicial Review
Any party to the proceeding affected by an order of the commissioner shall be entitled to judicial review by the court of appeals by following the procedure set forth in section 24-4-106 (11), C.R.S. Source: L. 69: p. 541, § 15. C.R.S. 1963: § 72-28-15. L. 92: Entire section amended, p. 1572, § 93, effective […]
§ 10-10-116. Penalties
In addition to any other penalty provided by law, any person, firm, or corporation which violates an order of the commissioner after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the division of insurance a sum not to […]
§ 10-10-117. Insurance Expense Not Computed as Cost of Loan
In connection with insurance which is permitted under this article, the premium and any gain or advantage to the creditor, or to any employee, affiliate, or associate of the creditor, from such insurance or its sale shall not be deemed to be an additional or further interest, discount, or charge, and the creditor may receive […]
§ 10-10-118. Charge Accounts
Nothing in this article shall be construed to permit credit insurance to be required by any creditor for revolving charge accounts or any other charge accounts for the purchase of goods or services. Source: L. 69: p. 541, § 18. C.R.S. 1963: § 72-28-18. L. 92: Entire section amended, p. 1572, § 94, effective May […]
§ 10-10-119. Truncated Coverage
If the debtor elects truncated coverage, at the time of election the creditor shall inform the debtor in writing of the term of the insurance coverage and that the coverage will terminate prior to the scheduled maturity date of the indebtedness. A group certificate or individual policy providing truncated credit insurance coverage shall disclose the […]