House Bill 25-1322 Preamended

A Bill for an Act

• Page 1, Line 101Concerning a homeowner's insurance carrier's duty to

• Page 1, Line 102comply with a policyholder's request for a copy of

• Page 1, Line 103their insurance policy.

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 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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 10-4-110.8, amend (10) as follows:

• Page 2, Line 310-4-110.8.  Homeowner's insurance - prohibited and required

• Page 2, Line 4practices - estimates of replacement value - additional living expense

• Page 2, Line 5coverage - copies of policies - personal property contents coverage -

• Page 2, Line 6inventory of personal property - requirements concerning total loss

• Page 2, Line 7scenarios resulting from wildfire disasters - definitions - rules.

• Page 2, Line 8(10) (a)  Every A homeowner's insurance carrier shall make available to

• Page 2, Line 9a policyholder an electronic or paper copy of the policyholder's insurance

• Page 2, Line 10policy, including the declaration page and any endorsements, within three

• Page 2, Line 11business days after a request from the policyholder. The policyholder

• Page 2, Line 12shall determine the method of delivery. Every homeowner's insurance

• Page 2, Line 13carrier shall make available to a policyholder a certified copy of the

• Page 2, Line 14policyholder's insurance policy within thirty days after a request from the policyholder.

• Page 2, Line 15(b)  A homeowner's insurance carrier shall make available

• Page 2, Line 16to a policyholder a certified copy of the policyholder's

• Page 2, Line 17insurance policy within thirty calendar days after a written

• Page 2, Line 18request from the policyholder is received by the insurance carrier's registered agent.

• Page 2, Line 19(c) (I)  A homeowner's insurance carrier that fails to make

• Page 3, Line 1available a certified copy of an insurance policy to a requesting

• Page 3, Line 2policyholder within thirty calendar days pursuant to

• Page 3, Line 3subsection (10)(b) of this section is liable to the requesting

• Page 3, Line 4policyholder for a penalty in the amount of fifty dollars per

• Page 3, Line 5day, beginning on the thirty-first calendar day after the

• Page 3, Line 6insurance carrier's registered agent receives the policyholder's

• Page 3, Line 7request. The penalty accrues daily until the insurance carrier

• Page 3, Line 8makes the certified copy of the homeowner's insurance policy available to the requesting policyholder.

• Page 3, Line 9(II)  A homeowner's insurance carrier that violates

• Page 3, Line 10subsection (10)(b) of this section is responsible for reasonable

• Page 3, Line 11attorney fees and costs that a requesting policyholder incurs enforcing this subsection (10)(c).

• Page 3, Line 12SECTION 2.  Act subject to petition - effective date -

• Page 3, Line 13applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 3, Line 14the expiration of the ninety-day period after final adjournment of the

• Page 3, Line 15general assembly; except that, if a referendum petition is filed pursuant

• Page 3, Line 16to section 1 (3) of article V of the state constitution against this act or an

• Page 3, Line 17item, section, or part of this act within such period, then the act, item,

• Page 3, Line 18section, or part will not take effect unless approved by the people at the

• Page 3, Line 19general election to be held in November 2026 and, in such case, will take

• Page 3, Line 20effect on the date of the official declaration of the vote thereon by the governor.

• Page 3, Line 21(2)  This act applies to requests made on or after the applicable effective date of this act.