First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
January 30, 2023
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 law.
Dashes through the words or numbers indicate deletions from existing law. 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
QUALIFIED 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
1004-2- (4) AS USED IN THIS SECTION:1
(a) "A
MERICAN TRANSLATORS ASSOCIATION" MEANS
THE2
NATIONAL, NONPROFIT PROFESSIONAL ASSOCIATION , OR ITS SUCCESSOR3
ORGANIZATION, THAT OFFERS CERTIFICATION FOR TRANSLATORS .4
(b) "C
ERTIFIED TRANSLATOR" MEANS AN INDIVIDUAL WHO IS5
CERTIFIED AS A TRANSLATOR BY THE AMERICAN TRANSLATORS6
A
SSOCIATION.7
SECTION 2. In Colorado Revised Statutes, add 10-3-1119 as8
follows:9
10-3-1119. Policy documents - language consistent with10
advertisement for product - definitions. (1) A
N INSURER SHALL OFFER,11
MAKE AVAILABLE, AND ISSUE, AS APPLICABLE, THE FOLLOWING12
DOCUMENTS TO AN APPLICANT FOR OR INSURED UNDER AN INSURANCE13
POLICY IN THE SAME LANGUAGE THAT THE INSURER USED IN ANY14
ADVERTISEMENT IN THIS STATE FOR THE INSURANCE POLICY :15
(a) T
HE APPLICATION FOR THE INSURANCE POLICY ;16
(b) A
NY WRITTEN COVERAGE REJECTIONS , WAIVERS, EXCLUSIONS,17
AND DISCLOSURES REQUIRED BY LAW ; AND18
(c) T
HE INSURANCE POLICY AND ANY FORMS , EXPLANATION OF19
BENEFITS, AND OTHER POLICY- OR COVERAGE-RELATED DOCUMENTS .20
(2)
(a) IF AN INSURER THAT ISSUES INSURANCE POLICIES IN THIS21
STATE ADVERTISES, OFFERS, MAKES AVAILABLE, OR ISSUES INSURANCE22
POLICIES IN A LANGUAGE OTHER THAN ENGLISH, THE INSURER SHALL:23
(I) OFFER AN APPLICANT FOR A NEW OR RENEWAL INSURANCE24
POLICY A FORM TO SELECT THE LANGUAGE OF CHOICE FOR THE25
DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION; AND26
(II) PROVIDE THE OFFER AND THE FORM IN EVERY LANGUAGE IN27
1004
-3- WHICH THE INSURER ADVERTISES, OFFERS, MAKES AVAILABLE, OR ISSUES1
ITS INSURANCE POLICIES. 2
(b) FOR NEW INSURANCE POLICIES, THE INSURER SHALL OFFER THE3
FORM TO THE APPLICANT AT THE TIME OF APPLICATION FOR THE POLICY.4
FOR RENEWAL INSURANCE POLICIES, THE INSURER SHALL OFFER THE FORM5
ONCE, AT THE FIRST RENEWAL OF THE POLICY THAT ARISES ON OR AFTER6
JANUARY 1, 2024; EXCEPT THAT, IF THE INSURER PREVIOUSLY OFFERED7
THE FORM TO THE INSURED AT THE TIME OF APPLICATION FOR A NEW8
INSURANCE POLICY, THE INSURER IS NOT REQUIRED TO OFFER THE FORM AT9
THE TIME OF RENEWAL OF THAT POLICY .10
(c) IF THE APPLICANT FOR A NEW OR RENEWAL POLICY RETURNS11
THE FORM TO THE INSURER INDICATING A LANGUAGE SELECTION , THE12
INSURER SHALL PROVIDE THE DOCUMENTS SPECIFIED IN SUBSECTION (1) OF13
THIS SECTION IN THE LANGUAGE THE APPLICANT SELECTS. IF THE14
APPLICANT DOES NOT RETURN THE FORM TO THE INSURER WITHIN SIXTY15
DAYS AFTER RECEIVING THE FORM, THE INSURER MAY PROVIDE THE16
DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION IN ENGLISH.17
(3) CONSISTENT WITH SECTION 10-1-136 (2), IN THE EVENT OF A18
DISPUTE OR COMPLAINT REGARDING AN INSURANCE POLICY, ANY RELATED19
DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, OR THE20
ADVERTISEMENT FOR AN INSURANCE POLICY, THE ENGLISH-LANGUAGE21
VERSION OF THE INSURANCE POLICY OR RELATED DOCUMENTS CONTROLS22
THE RESOLUTION OF THE DISPUTE OR COMPLAINT .23
(4) (a) IF AN INSURER FAILS TO COMPLY WITH THE REQUIREMENTS24
OF THIS SECTION, THE INSURANCE POLICY THAT WAS ISSUED WILL BE25
REWRITTEN TO INCLUDE ANY COVERAGE THAT WAS REJECTED , WAIVED, OR26
EXCLUDED. THE INSURED MAY RECOVER REASONABLE ATTORNEY FEES27
1004
-4- AND COURT COSTS IN RELATION TO A CIVIL SUIT FILED TO OBTAIN A1
REWRITE OF THE INSURANCE POLICY , AND THE INSURER SHALL NOT2
REQUIRE THE INSURED TO PAY ANY PREMIUM FOR COVERAGE RESULTING3
FROM THE REWRITE THAT RETROACTIVELY APPLIES TO THE START OF THE4
INSURANCE POLICY COVERAGE PERIOD .5
(b) A
NY WRITTEN COVERAGE REJECTIONS , WAIVERS, OR6
EXCLUSIONS RESULTING FROM AN INSURER 'S FAILURE TO COMPLY WITH7
THIS SECTION ARE VOIDABLE AT THE INSURED 'S ELECTION.8
(c) A
PERSON NEED NOT SHOW KNOWLEDGE OF ANY SPECIFIC9
ADVERTISEMENT IN ORDER TO OBTAIN THE REMEDIES AVAILABLE UNDER10
THIS SECTION.11
(5) AS USED IN THIS SECTION:12
(a) "A
DVERTISEMENT" MEANS ANY MATERIAL DESIGNED TO13
CREATE PUBLIC INTEREST IN A PRODUCT OR TO INDUCE THE PUBLIC TO14
PURCHASE, INCREASE, MODIFY, REINSTATE, REPLACE, OR RETAIN AN15
INSURANCE POLICY.16
(b) "I
NSURANCE POLICY" MEANS A COMMERCIAL AUTOMOBILE ,17
PERSONAL AUTOMOBILE , HOMEOWNERS ', OR RENTERS' POLICY OF18
INSURANCE.19
SECTION 3. Act subject to petition - effective date. This act20
takes effect January 1, 2024; except that, if a referendum petition is filed21
pursuant to section 1 (3) of article V of the state constitution against this22
act or an item, section, or part of this act within the ninety-day period23
after final adjournment of the general assembly, then the act, item,24
section, or part will not take effect unless approved by the people at the25
1004
-5- general election to be held in November 2024 and, in such case, will take1
effect on the date of the official declaration of the vote thereon by the2
governor.3
1004
-6-