By: Sara Randel, Associate Attorney, Sutton | Booker | P.C.

C.R.S. § 10-3-1117 went into effect beginning January 1, 2020. This new statute requires insurers that provide commercial and personal automobile coverage in Colorado to provide certain insurance information to insureds and third-party claimants upon request.

Specifically, C.R.S. § 10-3-1117(1) requires an insurer to provide a complete copy of the commercial or personal automobile policy, including endorsements, within 30 days after receiving a written request from an insured.

As to third-party claimants or their attorneys, C.R.S. § 10-3-1117(2)(a) requires an insurer, after receiving a written request sent to the insurer’s Registered Agent, to provide “a statement setting forth the following information with regard to each known policy of insurance of the named insured, including excess or umbrella insurance, that is or may be relevant to the claim:

(I) The name of the insurer;
(II) The name of each insured party, as the name appears on the declarations page of the policy;
(III) The limits of the liability coverage; and
(IV) A copy of the policy.”

The 30-day clock for compliance with both insured and third-party requests begins when the request is received by the insurer. The statute provides for a penalty of $100/day if an insurer fails to comply with a written request within 30 days, which begins to accrue on the 31st day after receipt of the request. The penalty continues to accrue until the insurer provides the required policy information. In the event a requesting party incurs attorney’s fees and costs to enforce the penalty, the insurer must also pay these fees and costs.

Subsection (2)(b) of the statute addresses the situation in which an insured (as opposed to an insurer) receives a written request from a third-party claimant (or his/her attorney). In that case, the insured must disclose to the third-party claimant (or his/her attorney) the name and coverage of each known insurer of the insured party. This subsection does not contain a penalty provision.

More information about C.R.S. § 10-3-1117 can be found here, along with a link to the Automobile Insurance Liability Limits Request Form the Colorado Division of Insurance has prepared in anticipation of C.R.S. § 10-3-1117 going into effect.