C.R.S. Section 10-1-103
Division of insurance

  • division of insurance cash fund created
  • division subject to repeal
  • repeal of functions

(1)

There is established a division of insurance in the department of regulatory agencies. The division of insurance is a
type 1
entity, as defined in section 24-1-105. This division is charged with the execution of the laws relating to insurance and has a supervising authority over the business of insurance in this state. Offices of the division of insurance must be provided in the capitol buildings group at Denver, Colorado. Whenever any law of this state refers to the insurance department of the state of Colorado, the law shall be construed as referring to the division of insurance.

(2)

The commissioner of insurance, before incurring any expense for his or her office and the maintenance thereof, exclusive of salaries and wages, shall make requisition therefor upon and receive the approval of the executive director of the department of personnel as required by law.
(3)(a)(I) All direct and indirect expenditures of the division are paid from the division of insurance cash fund, which is hereby created in the state treasury.

(II)

All fees collected under sections 8-44-204 (7), 8-44-205 (6), 10-2-413, 10-3-108, 10-3-207, 10-3.5-104, 10-3.5-107, 10-12-106, 10-15-103, 10-16-110 (1) and (2), 10-16-111 (1), 10-16-122.1 (2.5), 10-23-102, 10-23-104, 24-10-115.5 (5), and 29-13-102 (5), not including fees retained under contracts entered into in accordance with section 10-2-402 (5) or 24-34-101, and all taxes collected under section 10-3-209 (4) designated for the division of insurance, are transmitted to the state treasurer, who shall credit the money to the division of insurance cash fund.

(b)

The division shall use all money credited to the division of insurance cash fund as provided in this section and in section 24-48.5-106, subject to annual appropriation by the general assembly, for the purposes authorized in this title 10 and as otherwise authorized by law.

(c)

Money in the fund does not revert to the general fund or to any other fund. In accordance with section 24-36-114, all interest derived from the deposit and investment of money in the fund is credited to the general fund.

(3.5)

Repealed.

(4)

The division of insurance shall adopt a seal with the words “commissioner of insurance of the state of Colorado” and such other design as the commissioner may prescribe engraved thereon, by which it shall authenticate its proceedings, and of which the courts of this state shall take judicial notice. All copies of papers, certified by the commissioner and sealed with the seal of the division, shall have the same force and validity as the originals thereof in any suit or proceeding in any court in this state.

(5)

The office of the division of insurance is a public office. Except as otherwise provided by law, the documents, materials, and information of the office or on file in the office are public records of this state, and information shall be furnished to anyone applying for the information; except that documents, materials, and information provided by the regulatory officials of any state, federal agency, or foreign country and by the national association of insurance commissioners shall be given confidential treatment if such documents, materials, and information are treated as confidential in such other state or foreign country or by such other federal agency or the national association of insurance commissioners. Notwithstanding any provision of this subsection (5) to the contrary, the commissioner or the commissioner’s designee may share otherwise confidential documents, materials, and information with regulatory officials of any state, federal agency, or foreign country and with the national association of insurance commissioners if the association or the regulatory official of the other state, federal agency, or foreign country agrees and has the legal authority to maintain the same level of confidentiality as applies to the documents, materials, and information under Colorado law.

(6)

Intentionally left blank —Ed.

(a)

The provisions of section 24-34-104, C.R.S., concerning the termination schedule for regulatory bodies of this state, unless extended as provided in that section, are applicable to the division of insurance created by this section.
(b)(I)(A) Repealed.
(B)(Deleted by amendment, L. 2006, p. 75, § 1, effective March 27, 2006.)(B.5) and (C)(Deleted by amendment, L. 2010, (HB 10-1220), ch. 197, p. 849, § 1, effective July 1, 2010.)(D) Except as otherwise provided in section 24-34-104 (31)(a)(I), the functions of the division of insurance are repealed, effective September 1, 2030, pursuant to this section and section 24-34-104.
(E)(Deleted by amendment, L. 2010, (HB 10-1220), ch. 197, p. 849, § 1, effective July 1, 2010.)(II) Prior to such repeal, the division of insurance shall be reviewed as provided for in section 24-34-104, C.R.S.

Source: Section 10-1-103 — Division of insurance - division of insurance cash fund created - division subject to repeal - repeal of functions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-10.­pdf (accessed Oct. 20, 2023).

10‑1‑101
Legislative declaration
10‑1‑102
Definitions
10‑1‑103
Division of insurance - division of insurance cash fund created - division subject to repeal - repeal of functions
10‑1‑104
Commissioner of insurance - other employees
10‑1‑105
Actuary
10‑1‑106
Oath required of insurance commissioner and actuary
10‑1‑107
Personal fees prohibited
10‑1‑108
Duties of commissioner - reports - publications - fees - disposition of funds - adoption of rules - examinations and investigations
10‑1‑109
Rules of commissioner
10‑1‑110
Grounds and procedure for suspension or revocation of certificate or license of entities
10‑1‑111
Invoking aid of courts
10‑1‑112
Policy conditions required by other states
10‑1‑113
No seal required on policies
10‑1‑114
Sale of premium notes prohibited
10‑1‑115
Penalty
10‑1‑116
Defamation of other companies - penalty
10‑1‑117
Company unauthorized in other states
10‑1‑118
Foreign companies - unsatisfied judgments - suspension
10‑1‑119
Insurance vending machines prohibited
10‑1‑120
Reporting of medical malpractice claims
10‑1‑120.5
Reporting of malpractice claims against nurses
10‑1‑121
Reporting of malpractice claims against physical therapists
10‑1‑122
Reporting of malpractice claims against architects
10‑1‑123
Reporting of claims against plumbers
10‑1‑124
Reporting of podiatric malpractice claims
10‑1‑125
Reporting of malpractice claims against optometrists
10‑1‑125.3
Reporting of malpractice claims against pharmacists and pharmacies
10‑1‑125.5
Reporting of malpractice claims against naturopathic doctors
10‑1‑125.7
Reporting of malpractice claims against audiologists
10‑1‑126
Training program for persons working with the aging
10‑1‑127
Discretionary use of administrative law judges
10‑1‑128
Fraudulent insurance acts - immunity for furnishing information relating to suspected insurance fraud - legislative declaration
10‑1‑129
Fraudulent insurance acts - enforcement
10‑1‑130
Availability of sickness, health, and accident insurance
10‑1‑131
Duties to third parties - rules
10‑1‑132
Oversight of the general assembly
10‑1‑133
Consumer insurance council - creation - advisory body - appointment of members - meetings - repeal
10‑1‑134
Office of insurance ombudsman - plan - report to joint budget committee
10‑1‑135
Reimbursement for benefits - limitations - notice - definitions - legislative declaration
10‑1‑136
Insurance policies - language other than English - definitions
10‑1‑137
Electronic delivery of documents - when permitted - definitions - consent - construction with other laws
10‑1‑138
Internet posting of standard insurance provisions - conditions - notice of revisions
10‑1‑139
Confidentiality
10‑1‑140
Subpoena authority
10‑1‑141
Investigations - rules
10‑1‑142
Prohibition on denial of coverage or increase in premiums of insurance for living organ donors - commissioner to enforce - short title - definitions
10‑1‑144
Cost to reconstruct a home - annual report - homeowner’s insurance affordability study - rules
10‑1‑201
Legislative declaration
10‑1‑202
Definitions
10‑1‑203
Authority, scope, and scheduling of examinations
10‑1‑204
Conduct of examinations - conferences - penalty
10‑1‑205
Financial examination reports
10‑1‑206
Conflict of interest
10‑1‑207
Immunity from liability - prohibited activity
10‑1‑217
Coordination with other states through NAIC
10‑1‑218
Additional duties of commissioner
10‑1‑301
Legislative declaration
10‑1‑302
Definitions
10‑1‑303
Market analysis - market conduct surveillance
10‑1‑304
Authority and scope of market conduct surveillance - rules - penalty
10‑1‑305
Market conduct examinations
10‑1‑306
Market conduct surveillance personnel
10‑1‑307
Immunity from liability - prohibited activity
10‑1‑308
Rules
10‑1‑309
Confidentiality requirements
10‑1‑310
Fines and penalties
10‑1‑311
Participation in national market conduct databases
10‑1‑312
Coordination with other states through NAIC
Green check means up to date. Up to date

Current through Fall 2024

§ 10-1-103’s source at colorado​.gov