HOUSE BILL 23-1004
BY REPRESENTATIVE(S) 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, McCormick, McLachlan,
Ortiz, Parenti, Ricks, Sharbini, Sirota, Story, Titone, Valdez, Vigil,
Weissman, Willford, Woodrow, Young, McCluskie, Brown,
Michaelson Jenet;
also SENATOR(S) Gonzales, Buckner, Cutter, Danielson, Exum, Fields,
Hansen, Hinrichsen, Jaquez Lewis, Marchman, Moreno, Priola, Rodriguez,
Sullivan, Winter F., Zenzinger, Fenberg.
C
ONCERNING REQUIREMENTS REGARDING THE LANGUAGE USED IN CERTAIN
INSURANCE DOCUMENTS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 10-1-136, amend (3);
and add (4) as follows:
10-1-136. Insurance policies - language other than English -
definition. (3) (a) A non-English-language policy delivered or issued for
delivery in this state is deemed to be in compliance
COMPLY with articles 4
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. and 16 of this title TITLE 10 if the insurer certifies that the policy is
translated:
(I) From an English-language policy that is in compliance COMPLIES
with this title TITLE 10;
(II) C
ORRECTLY; AND
(III) BY A CERTIFIED TRANSLATOR WHO HAS CERTIFIED THAT THE
POLICY IS CORRECTLY TRANSLATED OR
, IF A CERTIFIED TRANSLATOR IS NOT
AVAILABLE TO TRANSLATE THE POLICY FROM
ENGLISH INTO A LANGUAGE
FOR WHICH THE
AMERICAN TRANSLATORS ASSOCIATION CERTIFIES
TRANSLATORS
, BY A QUALIFIED TRANSLATOR WHO HAS CERTIFIED THAT THE
POLICY IS CORRECTLY TRANSLATED
.
(b) An insurer shall maintain copies of all translated policies,
endorsements, riders, and any explanatory or advertising materials and
make them available for review by the commissioner upon request.
(4) A
S USED IN THIS SECTION:
(a) "A
MERICAN TRANSLATORS ASSOCIATION" MEANS THE NATIONAL,
NONPROFIT PROFESSIONAL ASSOCIATION , OR ITS SUCCESSOR ORGANIZATION,
THAT OFFERS CERTIFICATION FOR TRANSLATORS .
(b) "C
ERTIFIED TRANSLATOR" MEANS AN INDIVIDUAL WHO IS
CERTIFIED AS A TRANSLATOR BY THE
AMERICAN TRANSLATORS
ASSOCIATION.
SECTION 2. In Colorado Revised Statutes, add 10-3-1119 as
follows:
10-3-1119. Policy documents - language consistent with
advertisement for product - definitions. (1) A
N INSURER SHALL OFFER,
MAKE AVAILABLE, AND ISSUE, AS APPLICABLE, THE FOLLOWING WRITTEN OR
ELECTRONIC DOCUMENTS TO AN APPLICANT FOR OR INSURED UNDER AN
INSURANCE POLICY IN THE SAME LANGUAGE THAT THE INSURER USED IN ANY
ADVERTISEMENT IN THIS STATE FOR THE INSURANCE POLICY
:
(a) T
HE APPLICATION OR INTERFACE THE APPLICANT USES TO APPLY
PAGE 2-HOUSE BILL 23-1004 FOR, PURCHASE, OR RECEIVE A QUOTE FOR AN INSURANCE POLICY ;
(b) A
NY WRITTEN COVERAGE FORMS , INCLUDING REJECTIONS OR
EXCLUSIONS
; AND
(c) THE INSURANCE POLICY , POLICY DECLARATIONS PAGE ,
EXPLANATIONS OF BENEFITS, AND OTHER POLICY- OR COVERAGE-RELATED
DOCUMENTS
.
(2) (a) I
F AN INSURER THAT ISSUES INSURANCE POLICIES IN THIS
STATE ADVERTISES
, OFFERS, MAKES AVAILABLE, OR ISSUES INSURANCE
POLICIES IN A LANGUAGE OTHER THAN
ENGLISH, THE INSURER SHALL:
(I) O
FFER AN APPLICANT FOR A NEW OR RENEWAL INSURANCE POLICY
A FORM TO SELECT THE LANGUAGE OF CHOICE FOR THE DOCUMENTS
SPECIFIED IN SUBSECTION
(1) OF THIS SECTION; AND
(II) PROVIDE THE OFFER AND THE FORM IN EVERY LANGUAGE IN
WHICH THE INSURER ADVERTISES
, OFFERS, MAKES AVAILABLE, OR ISSUES ITS
INSURANCE POLICIES
.
(b) F
OR NEW INSURANCE POLICIES, THE INSURER SHALL OFFER THE
FORM TO THE APPLICANT AT THE TIME OF APPLICATION FOR THE POLICY
. FOR
RENEWAL INSURANCE POLICIES
, THE INSURER SHALL OFFER THE FORM ONCE,
AT THE FIRST RENEWAL OF THE POLICY THAT ARISES ON OR AFTER JANUARY
1, 2024; EXCEPT THAT, IF THE INSURER PREVIOUSLY OFFERED THE FORM TO
THE INSURED AT THE TIME OF APPLICATION FOR A NEW INSURANCE POLICY
,
THE INSURER IS NOT REQUIRED TO OFFER THE FORM AT THE TIME OF
RENEWAL OF THAT POLICY
.
(c) I
F THE APPLICANT FOR A NEW OR RENEWAL POLICY RETURNS THE
FORM TO THE INSURER INDICATING A LANGUAGE SELECTION
, THE INSURER
SHALL PROVIDE THE DOCUMENTS SPECIFIED IN SUBSECTION
(1) OF THIS
SECTION IN THE LANGUAGE THE APPLICANT SELECTS
. IF THE APPLICANT DOES
NOT RETURN THE FORM TO THE INSURER WITHIN SIXTY DAYS AFTER
RECEIVING THE FORM
, THE INSURER MAY PROVIDE THE DOCUMENTS
SPECIFIED IN SUBSECTION
(1) OF THIS SECTION IN ENGLISH.
(3) C
ONSISTENT WITH SECTION 10-1-136 (2), IN THE EVENT OF A
DISPUTE OR COMPLAINT REGARDING AN INSURANCE POLICY
, ANY RELATED
PAGE 3-HOUSE BILL 23-1004 DOCUMENTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, OR THE
ADVERTISEMENT FOR AN INSURANCE POLICY
, THE ENGLISH-LANGUAGE
VERSION OF THE INSURANCE POLICY OR RELATED DOCUMENTS CONTROLS
THE RESOLUTION OF THE DISPUTE OR COMPLAINT
.
(4) (a) I
F AN INSURER FAILS TO COMPLY WITH THE REQUIREMENTS OF
THIS SECTION
, ANY WRITTEN COVERAGE REJECTIONS OR EXCLUSIONS
RESULTING FROM THE INSURER
'S FAILURE TO COMPLY WITH THIS SECTION
ARE VOIDABLE AT THE INSURED
'S ELECTION. IF THE INSURED ELECTS TO VOID
THE COVERAGE REJECTION OR EXCLUSION
:
(I) T
HE INSURED MAY RECOVER REASONABLE ATTORNEY FEES AND
COURT COSTS INCURRED IN REINSTATING OR REWRITING THE COVERAGE
; AND
(II) THE INSURER SHALL NOT REQUIRE THE INSURED TO PAY ANY
PREMIUM DURING THE POLICY PERIOD APPLICABLE FOR THE REINSTATED OR
REWRITTEN COVERAGE
.
(b) I
F THE INSURED DOES NOT REJECT COVERAGE IN FUTURE POLICY
PERIODS
, THE INSURER MAY CHARGE A PREMIUM FOR THE COVERAGE IN
FUTURE POLICY PERIODS
.
(c) A
PERSON NEED NOT SHOW KNOWLEDGE OF ANY SPECIFIC
ADVERTISEMENT IN ORDER TO OBTAIN THE REMEDIES AVAILABLE UNDER
THIS SECTION
.
(5) A
S USED IN THIS SECTION:
(a) "A
DVERTISEMENT" MEANS ANY MATERIAL DESIGNED TO CREATE
PUBLIC INTEREST IN A PRODUCT OR TO INDUCE THE PUBLIC TO PURCHASE
,
INCREASE, MODIFY, REINSTATE, REPLACE, OR RETAIN AN INSURANCE POLICY.
(b) "I
NSURANCE POLICY" MEANS A COMMERCIAL AUTOMOBILE ,
PERSONAL AUTOMOBILE , HOMEOWNERS ', OR RENTERS' POLICY OF
INSURANCE
.
SECTION 3. Act subject to petition - effective date. This act
takes effect January 1, 2024; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
PAGE 4-HOUSE BILL 23-1004 adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2024 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 23-1004