REGULATORY ACTIVITY:

• Published bulletin number B-5.40 regarding electronic delivery of documents during coronavirus (COVID-19) and other private passenger automobile and/or claims made policy form filing guidance.  To view the bulletin, go to https://www.colorado.gov/pacific/dora/colorado-insurance-bulletins.
• Published bulletin No. B-5.41 regarding On-site Property Damage Inspections, Replacement Vehicles and Additional Living Expense Requirements due to CONVID-19.  To view the draft bulletin, go to https://www.colorado.gov/pacific/dora/colorado-insurance-bulletins.

REGULATORY ACTIVITY:

• Adopted emergency regulation 20-E-03 concerning restrictions on coverage for use of a personal automobile or as an additional unnamed driver on a restaurant commercial automobile policy for food delivery during the pendency of public health order 20-22. To view the emergency regulation, go to  https://www.colorado.gov/pacific/dora/emergency-regulations?utm_medium=email&utm_source=govdelivery.

REGULATORY ACTIVITY:

• Published the following notice: For purposes of compliance with § 10-3-1117, C.R.S., insurers that provide commercial automobile or personal automobile liability insurance coverage shall provide a copy of the commercial or personal automobile policy, which does not include the declarations page or the application even if attached to the policy, within thirty (30) calendar days after receiving a written request from the claimant or a claimants attorney.  Prior to submitting the request form, a claimant or claimants attorney must determine if the Division of Insurance is the registered agent of the commercial automobile or personal automobile liability insurer via the link below.  Once you have determined who the registered agent of the insurance company is, you will submit the form as follows:
  • If the Division IS NOT the registered agent of the insurer, a request or the Automobile Insurance Liability Limits Request Form must be sent directly to the registered agent.
  • If the Division IS the registered agent of the insurer, the Automobile Insurance Liability Limits Request Form must be sent to the Division at dora_doi_autoliabilitylimits@state.co.us.

The thirty (30) day timeline begins when the Automobile Insurance Liability Limits Request Form is received by the insurer. The email address to send requests to the Division of Insurance when the Division is the Registered Agent is: dora_doi_autoliabilitylimits@state.co.us.  To view this notice as published, go to https://www.colorado.gov/pacific/dora/requests-automobile-insurance-liability-limits?utm_medium=email&utm_source=govdelivery.

REGULATORY ACTIVITY:

• Published a revised draft of bulletin B-5.26 for comment regarding requirements related to disputed claims subject to appraisal. The purpose of this bulletin is to clarify the position of the Colorado Division of Insurance (“Division”) regarding the consumer’s rights when there is a dispute over the amount of loss during the claim handling process. Specifically, the bulletin provides guidance to insurers, insureds and licensed public adjusters, when a person or entity invokes their rights under the appraisal clause found in most, if not all, property insurance policy contracts. Bulletins are the Division’s interpretations of existing insurance law or general statements of Division policy. Bulletins themselves establish neither binding norms nor finally determine issues or rights. To view the bulletin, go to https://www.colorado.gov/pacific/dora/draft-bulletins-informal-public-comment . 
• Adopted Bulletin B-1.33 regarding process for a claimant or a claimant’s attorney to request commercial or personal automobile policy information from an insurer. The purpose of this Bulletin is to provide guidance on how to send a request to the Division of Insurance for automobile policy information when the Division of Insurance is the registered agent of the automobile insurer, and to provide claimants and attorneys representing claimants with the process and forms to be used when requesting automobile policy information pursuant to § 10-3-1117, C.R.S., on or after January 1, 2020. The bulletin can be found at https://www.colorado.gov/pacific/dora/node/94966?utm_medium=email&utm_source=govdelivery. 
• Adopted Bulletin 1.34 regarding guidance for insurers providing automobile liability information pursuant to § 10-3-1117, c.r.s. The purpose of this Bulletin is to provide guidance to Insurers concerning the Division’s process for handling requests for automobile policy information made on or after January 1, 2020, when the Division of Insurance is the registered agent of the automobile insurer. The bulletin can be found at https://www.colorado.gov/pacific/dora/node/94966?utm_medium=email&utm_source=govdelivery

REGULATORY ACTIVITY:

• Posted a copy rule 5-2-3 concerning Requests for Commercial or Personal Automobile Policy Information from A Complainant or Complainant's Attorney. The adopted rule can be viewed at https://www.colorado.gov/pacific/dora/regulations-adopted-not-yet-effective. The rule becomes effective on January 1, 2020.
• Posted a copy of rule 5-2-12 concerning Automobile Insurance Consumer Protections.  The adopted rule can be viewed at https://www.colorado.gov/pacific/dora/regulations-adopted-not-yet-effective.  The rule becomes effective on January 1, 2020
• Issued Bulletin Number B-5.26 regarding requirements related to Disputed Claims Subject to Appraisal.  The bulletin was issued for informal public comments. Comments must be received by December 2, 2019.  The bulletin is expected to become effective on January 1, 2020.  To view the bulletin, go to  https://www.colorado.gov/pacific/dora/draft-bulletins-informal-public-comment.

REGULATORY ACTIVITY:

• Published Bulletin Number  B-6.3 regarding claims settlement payments via pre-paid Debit or Stored Value cards.  To view the bulletin, go to https://www.colorado.gov/pacific/dora/colorado-insurance-bulletins.
• Posted notice of a hearing for a proposed new rule concerning requests for commercial or personal automobile policy information from a complainant or complainant's attorney.  The hearing was to be held November 1, 2019 at 2:00 p.m. at the Colorado Division of Insurance located at 1560 Broadway, Suite 110 D, Denver Colorado. The proposed rule will be 3 CCR 702-5.  To view the notice and proposed rule, go to https://www.colorado.gov/pacific/dora/notice-rule-making-hearings-proposed-regulations.

REGULATORY ACTIVITY:

• Issued draft bulletin 3-1.33. The purpose of this Bulletin is to provide guidance on how to send a request to the Division of Insurance for automobile policy information when the Division of Insurance is the registered agent of the automobile insurer, and to provide claimants and attorneys representing claimants with the process and forms to be used when requesting automobile policy information pursuant to § 10-3-1117, C.R.S. To view this bulletin, go to https://www.colorado.gov/pacific/dora/draft-bulletins-informal-public-comment.

REGULATORY ACTIVITY:

Posted notice in the state register concerning amendments to Regulation 5-2-12 regarding automobile insurance consumer protections.  To view the posted rule, go to https://www.sos.state.co.us/CCR/RegisterContents.do?publicationDay=07/10/2019&Volume=42&yearPublishNumber=13&Month=7&Year=2019

REGULATORY ACTIVITY:

• The Division provides notice that it is terminating the rulemaking process for draft amended regulation 5-2-12, Concerning Automobile Insurance Consumer Protections. The recent adoption by the legislature of Senate Bill 19-090, concerning the operation of peer-to-peer motor vehicle sharing businesses, will require additional revisions to be made to this regulation. As the requirements in this legislation will become effective on January 1, 2020, the Division has determined that terminating the current rulemaking process for this regulation is necessary in order that additional revisions can be made. It is anticipated that the rule will be noticed for hearing with the revisions mandated by SB 19-090 later this summer or early this fall. The current version of Colorado Insurance Regulation 5-2-12, which became effective on November 1, 2012, remains in place.
• Published an announcement regarding Bulletin B-5.01 which addresses calculation of actual cash value: prohibition against deducting contractors' overhead and profit from replacement cost where repairs are not made. The Division of Insurance (DOI) is holding a Stakeholder meeting concerning Bulletin B-5.1, Calculation of actual cash value: Prohibition against deducting contractors' overhead and profit from replacement cost where repairs are not made. In preparation for this meeting attendees should know the following: The Division has determined that it will not be repealing this Bulletin. The reasons the Division considered repealing this Bulletin were as follows: A widespread misunderstanding of the Division's position on Overhead and Profit (O&P) contained in the bulletin and the limits to the Division’s authority concerning O&P; and, Many complaints are filed with the Division alleging insurers wrongfully deny O&P and use the Bulletin to support their contention that O&P must be paid. Through this stakeholder meeting the Division is seeking input from interested participants on how best to revise the Bulletin to clarify any ambiguity concerning the Division's limited authority regarding O&P and to address the number of complaints received by the Division related to O&P. The public stakeholder meeting will be held on May 21st, 2019, from 10:30 AM - 12 PM, at the Division of Insurance offices.

REGULATORY ACTIVITY:

• The department of insurance is holding a public hearing on April 1, 2019 at 10:00 am at the Colorado Division of Insurance 1560 Broadway, Suite 110 D in Denver Colorado regarding rule 5-2-12 Automobile Insurance Consumer Protections.  To view the notice go to https://www.sos.state.co.us/CCR/eDocketDetails.do?trackingNum=2019-00110.