First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0544.01 Christy Chase x2008
HOUSE BILL 23-1004
House Committees Senate Committees
Business Affairs & Labor Business, Labor, & Technology
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
SENATE
Amended 2nd Reading
March 7, 2023
HOUSE
3rd Reading Unamended
January 31, 2023
HOUSE
Amended 2nd Reading
January 30, 2023
HOUSE SPONSORSHIP
Velasco, Amabile, Bacon, Boesenecker, deGruy Kennedy, Dickson, Duran, English, Epps,
Frizell, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder,
Lindsay, Lindstedt, Lukens, Mabrey, Marshall, Martinez, McCluskie, McCormick,
McLachlan, Ortiz, Parenti, Ricks, Sharbini, Sirota, Story, Titone, Valdez, Vigil, Weissman,
Willford, Woodrow, Young
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 FOLLOWING WRITTEN
12
OR ELECTRONIC DOCUMENTS TO AN APPLICANT FOR OR INSURED UNDER AN13
INSURANCE POLICY IN THE SAME LANGUAGE THAT THE INSURER USED IN14
ANY ADVERTISEMENT IN THIS STATE FOR THE INSURANCE POLICY :15
(a) T
HE APPLICATION OR INTERFACE THE APPLICANT USES TO
16
APPLY FOR, PURCHASE, OR RECEIVE A QUOTE FOR AN INSURANCE POLICY;17
(b) A
NY WRITTEN COVERAGE FORMS , INCLUDING REJECTIONS OR
18
EXCLUSIONS; AND 19
(c) T
HE INSURANCE POLICY , POLICY DECLARATIONS PAGE ,
20
EXPLANATIONS OF BENEFITS, AND OTHER POLICY- OR COVERAGE-RELATED21
DOCUMENTS.22
(2) (a) IF AN INSURER THAT ISSUES INSURANCE POLICIES IN THIS23
STATE ADVERTISES, OFFERS, MAKES AVAILABLE, OR ISSUES INSURANCE24
POLICIES IN A LANGUAGE OTHER THAN ENGLISH, THE INSURER SHALL:25
(I) OFFER AN APPLICANT FOR A NEW OR RENEWAL INSURANCE26
POLICY A FORM TO SELECT THE LANGUAGE OF CHOICE FOR THE27
1004
-3- DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION; AND1
(II) PROVIDE THE OFFER AND THE FORM IN EVERY LANGUAGE IN2
WHICH THE INSURER ADVERTISES, OFFERS, MAKES AVAILABLE, OR ISSUES3
ITS INSURANCE POLICIES. 4
(b) FOR NEW INSURANCE POLICIES, THE INSURER SHALL OFFER THE5
FORM TO THE APPLICANT AT THE TIME OF APPLICATION FOR THE POLICY.6
FOR RENEWAL INSURANCE POLICIES, THE INSURER SHALL OFFER THE FORM7
ONCE, AT THE FIRST RENEWAL OF THE POLICY THAT ARISES ON OR AFTER8
JANUARY 1, 2024; EXCEPT THAT, IF THE INSURER PREVIOUSLY OFFERED9
THE FORM TO THE INSURED AT THE TIME OF APPLICATION FOR A NEW10
INSURANCE POLICY, THE INSURER IS NOT REQUIRED TO OFFER THE FORM AT11
THE TIME OF RENEWAL OF THAT POLICY .12
(c) IF THE APPLICANT FOR A NEW OR RENEWAL POLICY RETURNS13
THE FORM TO THE INSURER INDICATING A LANGUAGE SELECTION , THE14
INSURER SHALL PROVIDE THE DOCUMENTS SPECIFIED IN SUBSECTION (1) OF15
THIS SECTION IN THE LANGUAGE THE APPLICANT SELECTS. IF THE16
APPLICANT DOES NOT RETURN THE FORM TO THE INSURER WITHIN SIXTY17
DAYS AFTER RECEIVING THE FORM, THE INSURER MAY PROVIDE THE18
DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION IN ENGLISH.19
(3) CONSISTENT WITH SECTION 10-1-136 (2), IN THE EVENT OF A20
DISPUTE OR COMPLAINT REGARDING AN INSURANCE POLICY , ANY RELATED21
DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, OR THE22
ADVERTISEMENT FOR AN INSURANCE POLICY, THE ENGLISH-LANGUAGE23
VERSION OF THE INSURANCE POLICY OR RELATED DOCUMENTS CONTROLS24
THE RESOLUTION OF THE DISPUTE OR COMPLAINT .25
(4) (a) IF AN INSURER FAILS TO COMPLY WITH THE26
REQUIREMENTS OF THIS SECTION, ANY WRITTEN COVERAGE REJECTIONS OR27
1004
-4- EXCLUSIONS RESULTING FROM THE INSURER 'S FAILURE TO COMPLY WITH1
THIS SECTION ARE VOIDABLE AT THE INSURED'S ELECTION. IF THE INSURED2
ELECTS TO VOID THE COVERAGE REJECTION OR EXCLUSION :3
(I) T
HE INSURED MAY RECOVER REASONABLE ATTORNEY FEES AND
4
COURT COSTS INCURRED IN REINSTATING OR REWRITING THE COVERAGE ;5
AND6
(II) T
HE INSURER SHALL NOT REQUIRE THE INSURED TO PAY ANY
7
PREMIUM DURING THE POLICY PERIOD APPLICABLE FOR THE REINSTATED8
OR REWRITTEN COVERAGE .9
(b) I
F THE INSURED DOES NOT REJECT COVERAGE IN FUTURE POLICY
10
PERIODS, THE INSURER MAY CHARGE A PREMIUM FOR THE COVERAGE IN11
FUTURE POLICY PERIODS.12
(c) A
PERSON NEED NOT SHOW KNOWLEDGE OF ANY SPECIFIC13
ADVERTISEMENT IN ORDER TO OBTAIN THE REMEDIES AVAILABLE UNDER14
THIS SECTION.15(5) AS USED IN THIS SECTION:16
(a) "A
DVERTISEMENT" MEANS ANY MATERIAL DESIGNED TO17
CREATE PUBLIC INTEREST IN A PRODUCT OR TO I NDUCE THE PUBLIC TO18
PURCHASE, INCREASE, MODIFY, REINSTATE, REPLACE, OR RETAIN AN19
INSURANCE POLICY.20
(b) "I
NSURANCE POLICY" MEANS A COMMERCIAL AUTOMOBILE ,21
PERSONAL AUTOMOBILE , HOMEOWNERS ', OR RENTERS' POLICY OF22
INSURANCE.23
SECTION 3. Act subject to petition - effective date. This act24
takes effect January 1, 2024; except that, if a referendum petition is filed25
pursuant to section 1 (3) of article V of the state constitution against this26
act or an item, section, or part of this act within the ninety-day period27
1004
-5- after final adjournment of the general assembly, then the act, item,1
section, or part will not take effect unless approved by the people at the2
general election to be held in November 2024 and, in such case, will take3
effect on the date of the official declaration of the vote thereon by the4
governor.5
1004
-6-