C.R.S. Section 18-13-119.5
Abuse of property insurance

(1)

The general assembly hereby finds, determines, and declares that:

(a)

Intentionally left blank —Ed.

(I)

Business practices that have the effect of reducing or eliminating the need for actual payment of required copayments and deductibles by an insured for property damages interfere with contractual obligations entered into by the insured and insurer relating to such payments;

(II)

Interference described in subparagraph (I) of this paragraph (a) is not in the public interest because it has the effect of increasing insurance costs by removing the incentives that copayments and deductibles create in making the consumer a cost-conscious purchaser; and

(b)

Intentionally left blank —Ed.

(I)

Business practices that have the effect of providing rebates or something of value to an insured to attract business relating to property damages when the costs of the rebate or thing of value is passed on to an insurer interfere with contractual obligations entered into by the insured and insurer relating to such property damages;

(II)

Interference described in subparagraph (I) of this paragraph (b) is not in the public interest because it has the effect of increasing insurance costs by including items unrelated to the property damage in the costs paid by insurers; and

(c)

Advertising of practices described in paragraphs (a) and (b) of this subsection (1) may aggravate the impact of such practices.

(2)

Intentionally left blank —Ed.

(a)

The general assembly further declares that business practices described in subsection (1) of this section are illegal and that such practices or the advertising thereof shall be grounds for disciplinary actions by any governmental body which is responsible for licensing or regulating persons who engage in such practices.

(b)

The general assembly further declares that this section shall create a private right of action in courts of the state of Colorado, including an action for injunctive relief.

(3)

Any person who provides repairs, goods, or services commits abuse of property insurance if such person knowingly:

(a)

Submits a fee to an insurer which is higher than a fee estimate such person provided to the insured or which is higher than the fee such person has agreed to accept from the insured if the effect is to provide the insured a rebate or something of value to attract the insured to do business with such person and the cost of providing the rebate or thing of value is passed on to the insurer as a part of the higher fee; or

(b)

Provides a rebate or a gift, cash, or thing of value to an insurance company or its representative, agent, employee, or others acting on behalf of the insurance company, in connection with any claim under an insurance policy which insures for property damage.

(4)

Any insurance company, or its agent, employee, representative, or other person acting on behalf of the insurance company, commits abuse of property insurance if such company or person knowingly: Accepts a rebate or a gift, cash, or thing of value from any person who provides repairs, goods, or services in connection with any claim under an insurance policy which insures for property damage.

(5)

Abuse of property insurance is a petty offense.

Source: Section 18-13-119.5 — Abuse of property insurance, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑13‑101
Abuse of a corpse 18‑13‑104
Fighting by agreement - dueling 18‑13‑106
Unlawful to discard or abandon iceboxes or motor vehicles and similar items 18‑13‑107
Interference with persons with disabilities 18‑13‑107.3
Intentional misrepresentation of entitlement to an assistance animal - penalty - definitions 18‑13‑107.7
Intentional misrepresentation of a service animal for a person with a disability - penalty - definitions 18‑13‑108
Removal of timber from state lands 18‑13‑109
Firing woods or prairie 18‑13‑109.5
Intentionally setting wildfire 18‑13‑111
Purchases of commodity metals or detached catalytic converters - violations - commodity metals theft task force - creation - composition - reports - legislative declaration - definitions - repeal 18‑13‑112
Hazardous waste violations 18‑13‑113
Unlawful to sell metal beverage containers with detachable opening devices 18‑13‑114
Sale of secondhand property - record - inspection - crime - definitions 18‑13‑114.5
Proof of ownership required - penalty - definitions 18‑13‑115
Notice - penalties 18‑13‑116
Sales tax license 18‑13‑117
Record of sales 18‑13‑118
Regulation of secondhand dealers 18‑13‑119
Health-care providers - abuse of health insurance 18‑13‑119.5
Abuse of property insurance 18‑13‑120
Use, transportation, and storage of drip gasoline 18‑13‑121
Furnishing cigarettes, tobacco products, or nicotine products to persons under twenty-one years of age 18‑13‑122
Illegal possession or consumption of ethyl alcohol or marijuana by an underage person - illegal possession of marijuana paraphernalia by an underage person - adolescent substance abuse prevention and treatment fund - legislative declaration - definitions 18‑13‑123
Unlawful administration of gamma hydroxybutyrate (GHB) or ketamine 18‑13‑124
Dissemination of false information to obtain hospital admittance or care 18‑13‑125
Telephone records - sale or purchase 18‑13‑126
Locating protected persons 18‑13‑130
Bail bond - prohibited activities - penalties 18‑13‑131
Misuse of gametes - definitions 18‑13‑132
Furnishing kratom products to persons under twenty-one years of age 18‑13‑133
Prohibition on prosecuting health-care providers - patient ingests abortifacient in another state
Green check means up to date. Up to date

Current through Fall 2024

§ 18-13-119.5’s source at colorado​.gov