C.R.S. Section 10-1-303
Market analysis

  • market conduct surveillance

(1)

The commissioner may perform market analysis by gathering and analyzing information from data currently available to the commissioner, information from surveys, data calls, or reports that are submitted regularly to the commissioner, information collected by the NAIC, and information from a variety of other sources in both the public and private sectors in order to develop a baseline understanding of the marketplace and to identify for further review companies or practices that deviate from the norm or that may pose a potential risk to the insurance consumer. The commissioner shall use the Market Regulation Handbook as a guide in performing the market analysis.

(2)

Intentionally left blank —Ed.

(a)

If the commissioner determines that further inquiry into a particular company or practice is needed, the commissioner may consider the continuum of other types of market conduct surveillance as specified in this subsection (2)(a). The commissioner shall inform the company in writing of the type of market conduct surveillance selected if it involves company participation or response. The types of market conduct surveillance include:

(I)

Correspondence with the company;

(II)

Company interviews;

(III)

Information gathering;

(IV)

Policy and procedure reviews;

(V)

Interrogatories;

(VI)

Review of company self-evaluations and voluntary compliance programs;

(VII)

Self-audits; and

(VIII)

Market conduct examinations.

(b)

Intentionally left blank —Ed.

(I)

The commissioner shall take steps reasonably necessary to eliminate requests for information that duplicate information provided as part of a company’s financial statement, the NAIC’s market conduct annual statement, or other required surveys, data calls, or reports that are submitted regularly to the commissioner.

(II)

The commissioner may coordinate the market conduct surveillance and findings of this state with market conduct surveillance and findings of other states.

(3)

Nothing in this section requires the commissioner to conduct market analysis prior to initiating any other type of market conduct surveillance.

Source: Section 10-1-303 — Market analysis - market conduct surveillance, 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

§ 10-1-303’s source at colorado​.gov