First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0544.01 Christy Chase x2008
HOUSE BILL 23-1004
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS REG ARDING THE LANGUAGE USED IN101
CERTAIN INSURANCE DOCUMENTS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law allows insurance policies to be translated to and issued
in a language other than English if the insurer certifies that the
English-language policy that is translated complies with state insurance
laws. Section 1 of the bill requires the insurer to also certify that the
policy has been correctly translated by a certified translator or, if a
certified translator is not available to translate the policy to the particular
HOUSE SPONSORSHIP
Velasco,
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. language, by a professional translator who certifies that the translation is
correct.
Section 2 requires insurers that issue commercial or personal
automobile, homeowners', or renters' insurance policies to offer, make
available, and issue the policy application, the policy, and related
documents and forms in the same language that the insurer used in
advertisements for the policy and to offer an applicant a form to select the
applicant's language of choice for those documents. Section 2 also
specifies remedies for an insurer's failure to comply with this
requirement.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-1-136, amend (3);2
and add (4) as follows:3
10-1-136. Insurance policies - language other than English -4
definition. (3) (a) A non-English-language policy delivered or issued for5
delivery in this state is deemed to be in compliance
COMPLY with articles6
4 and 16 of this title TITLE 10 if the insurer certifies that the policy is7
translated:8
(I) From an English-language policy that is in compliance9
COMPLIES with this title TITLE 10;10
(II) C
ORRECTLY; AND11
(III) B
Y A CERTIFIED TRANSLATOR WHO HAS CERTIFIED THAT THE12
POLICY IS CORRECTLY TRANSLATED OR , IF A CERTIFIED TRANSLATOR IS13
NOT AVAILABLE TO TRANSLATE THE POLICY FROM ENGLISH INTO A14
LANGUAGE FOR WHICH THE AMERICAN TRANSLATORS ASSOCIATION15
CERTIFIES TRANSLATORS, BY A PROFESSIONAL TRANSLATOR WHO HAS16
CERTIFIED THAT THE POLICY IS CORRECTLY TRANSLATED .17
(b) An insurer shall maintain copies of all translated policies,18
endorsements, riders, and any explanatory or advertising materials and19
make them available for review by the commissioner upon request.20
HB23-1004-2- (4) AS USED IN THIS SECTION:1
(a) "A
MERICAN TRANSLATORS ASSOCIATION" MEANS A NATIONAL,2
NONPROFIT PROFESSIONAL ASSOCIATION , OR ITS SUCCESSOR3
ORGANIZATION, THAT CERTIFIES TRANSLATORS AND INTERPRETERS AS4
POSSESSING THE KNOWLEDGE AND SKILLS NECESSARY TO PROVIDE A5
QUALITY TRANSLATION.6
(b) "C
ERTIFIED TRANSLATOR" MEANS AN INDIVIDUAL WHO IS7
CERTIFIED AS A TRANSLATOR BY THE AMERICAN TRANSLATORS8
A
SSOCIATION.9
SECTION 2. In Colorado Revised Statutes, add 10-3-1119 as10
follows:11
10-3-1119. Policy documents - language consistent with12
advertisement for product - definitions. (1) A
N INSURER SHALL OFFER,13
MAKE AVAILABLE, AND ISSUE, AS APPLICABLE, THE FOLLOWING14
DOCUMENTS TO AN APPLICANT FOR OR INSURED UNDER AN INSURANCE15
POLICY IN THE SAME LANGUAGE THAT THE INSURER USED IN ANY16
ADVERTISEMENT IN THIS STATE FOR THE INSURANCE POLICY :17
(a) T
HE APPLICATION FOR THE INSURANCE POLICY ;18
(b) A
NY WRITTEN COVERAGE REJECTIONS , WAIVERS, EXCLUSIONS,19
AND DISCLOSURES REQUIRED BY LAW ; AND20
(c) T
HE INSURANCE POLICY AND ANY FORMS , EXPLANATION OF21
BENEFITS, AND OTHER POLICY- OR COVERAGE-RELATED DOCUMENTS .22
(2) A
N INSURER THAT ISSUES INSURANCE POLICIES IN THIS STATE23
SHALL OFFER AN APPLICANT FOR A NEW OR RENEWAL INSURANCE POLICY24
A FORM TO SELECT THE LANGUAGE OF CHOICE FOR THE DOCUMENTS25
SPECIFIED IN SUBSECTION (1) OF THIS SECTION AND SHALL PROVIDE THOSE26
DOCUMENTS IN THE LANGUAGE THE APPLICANT SELECTS ON THE FORM .27
HB23-1004
-3- THE INSURER SHALL PROVIDE THE OFFER IN THE SAME LANGUAGE THAT1
THE INSURER USED IN ANY ADVERTISEMENT IN THIS STATE FOR THE2
INSURANCE POLICY.3
(3) (a) I
F AN INSURER FAILS TO COMPLY WITH THE REQUIREMENTS4
OF THIS SECTION, THE INSURANCE POLICY THAT WAS ISSUED WILL BE5
REWRITTEN TO INCLUDE ANY COVERAGE THAT WAS REJECTED , WAIVED, OR6
EXCLUDED. THE INSURED MAY RECOVER REASONABLE ATTORNEY FEES7
AND COURT COSTS IN RELATION TO A CIVIL SUIT FILED TO OBTAIN A8
REWRITE OF THE INSURANCE POLICY , AND THE INSURER SHALL NOT9
REQUIRE THE INSURED TO PAY ANY PREMIUM FOR COVERAGE RESULTING10
FROM THE REWRITE THAT RETROACTIVELY APPLIES TO THE START OF THE11
INSURANCE POLICY COVERAGE PERIOD .12
(b) A
NY WRITTEN COVERAGE REJECTIONS , WAIVERS, OR13
EXCLUSIONS RESULTING FROM AN INSURER 'S FAILURE TO COMPLY WITH14
THIS SECTION ARE VOIDABLE AT THE INSURED 'S ELECTION.15
(c) A
PERSON NEED NOT SHOW KNOWLEDGE OF ANY SPECIFIC16
ADVERTISEMENT IN ORDER TO OBTAIN THE REMEDIES AVAILABLE UNDER17
THIS SECTION.18
(4) A
S USED IN THIS SECTION:19
(a) "A
DVERTISEMENT" MEANS ANY MATERIAL DESIGNED TO20
CREATE PUBLIC INTEREST IN A PRODUCT OR TO INDUCE THE PUBLIC TO21
PURCHASE, INCREASE, MODIFY, REINSTATE, REPLACE, OR RETAIN AN22
INSURANCE POLICY.23
(b) "I
NSURANCE POLICY" MEANS A COMMERCIAL AUTOMOBILE ,24
PERSONAL AUTOMOBILE , HOMEOWNERS ', OR RENTERS' POLICY OF25
INSURANCE.26
SECTION 3. Act subject to petition - effective date. This act27
HB23-1004
-4- takes effect January 1, 2024; except that, if a referendum petition is filed1
pursuant to section 1 (3) of article V of the state constitution against this2
act or an item, section, or part of this act within the ninety-day period3
after final adjournment of the general assembly, then the act, item,4
section, or part will not take effect unless approved by the people at the5
general election to be held in November 2024 and, in such case, will take6
effect on the date of the official declaration of the vote thereon by the7
governor.8
HB23-1004
-5-