First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0995.01 Renee Leone x2695
HOUSE BILL 25-1322
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING A HOMEOWNER 'S INSURANCE C ARRIER 'S DUTY TO101
COMPLY WITH A POLICYHOLDER 'S REQUEST FOR A COPY OF102
THEIR INSURANCE POLICY .103
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
.)
The bill modifies current law regarding the process by which a
policyholder may request a certified copy of their insurance policy
(policy) from a homeowner's insurance carrier (carrier) and the carrier's
duty to comply. The bill clarifies that such a request must be in written
form and received by the carrier's registered agent (agent) and that the
HOUSE SPONSORSHIP
Carter and Espenoza,
SENATE SPONSORSHIP
Exum and Roberts,
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. carrier's window of time to make the policy available begins when the
agent receives the request.
The bill also creates civil liability for a carrier that fails to comply
with a policyholder's request for a certified copy of their policy by
imposing damages in the amount of $50 per day for each day the carrier
is late.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-4-110.8, amend2
(10) as follows:3
10-4-110.8. Homeowner's insurance - prohibited and required4
practices - estimates of replacement value - additional living expense5
coverage - copies of policies - personal property contents coverage -6
inventory of personal property - requirements concerning total loss7
scenarios resulting from wildfire disasters - definitions - rules.8
(10) (a) Every
A homeowner's insurance carrier shall make available to9
a policyholder an electronic or paper copy of the policyholder's insurance10
policy, including the declaration page and any endorsements, within three11
business days after a request from the policyholder. The policyholder12
shall determine the method of delivery. Every homeowner's insurance13
carrier shall make available to a policyholder a certified copy of the14
policyholder's insurance policy within thirty days after a request from the15
policyholder.16
(b) A
HOMEOWNER'S INSURANCE CARRIER SHALL MAKE AVAILABLE17
TO A POLICYHOLDER A CERTIFIED COPY OF THE POLICYHOLDER 'S18
INSURANCE POLICY WITHIN THIRTY CALENDAR DAYS AFTER A WRITTEN19
REQUEST FROM THE POLICYHOLDER IS RECEIVED BY THE INSURANCE20
CARRIER'S REGISTERED AGENT.21
(c) (I) A
HOMEOWNER'S INSURANCE CARRIER THAT FAILS TO22
HB25-1322-2- DELIVER A CERTIFIED COPY OF AN INSURANCE POLICY TO A REQUESTING1
POLICYHOLDER WITHIN THIRTY CALE NDAR DAYS PURSUANT TO2
SUBSECTION (10)(b) OF THIS SECTION IS LIABLE TO THE REQUESTING3
POLICYHOLDER FOR DAMAGES IN THE AMOUNT OF FIFTY DOLLARS PER4
DAY, BEGINNING ON THE THIRTY -FIRST CALENDAR DAY AFTER THE5
INSURANCE CARRIER'S REGISTERED AGENT RECEIVES THE POLICYHOLDER 'S6
REQUEST. THE DAMAGES ACCRUE DAILY UNTIL THE INSURANCE CARRIER7
MAKES THE CERTIFIED COPY AVAILABLE TO THE REQUESTING8
POLICYHOLDER.9
(II) A
HOMEOWNER'S INSURANCE CARRIER THAT VIOLATES10
SUBSECTION (10)(b) OF THIS SECTION IS RESPONSIBLE FOR REASONABLE11
ATTORNEY FEES AND COSTS THAT A REQUESTING POLICYHOLDER INCURS12
ENFORCING THIS SUBSECTION (10)(c).13
SECTION 2. Act subject to petition - effective date -14
applicability. (1) This act takes effect at 12:01 a.m. on the day following15
the expiration of the ninety-day period after final adjournment of the16
general assembly; except that, if a referendum petition is filed pursuant17
to section 1 (3) of article V of the state constitution against this act or an18
item, section, or part of this act within such period, then the act, item,19
section, or part will not take effect unless approved by the people at the20
general election to be held in November 2026 and, in such case, will take21
effect on the date of the official declaration of the vote thereon by the22
governor.23
(2) This act applies to requests made on or after the applicable24
effective date of this act.25
HB25-1322
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