HB 20-1290

  • Colorado House Bill
  • 2020 Regular Session
  • Introduced in House Jun 06, 2020
  • Passed House Jun 05, 2020
  • Passed Senate Jun 10, 2020
  • Signed by Governor Jul 02, 2020

Failure-to-cooperate Defense First-party Insurance

Abstract

The act bars an insurer from using a failure-to-cooperate defense in an action regarding the insurer's request for information from the insured about a claim unless: The insurer has submitted a written request to the insured for the information; The information necessary for litigation is not available to the insurer without the assistance of the insured; The request provides the insured 60 days to respond; The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 60 days, describing, with particularity, the alleged failure to cooperate. A failure-to-cooperate defense acts as a defense to the portion of the claim that is materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim. Any language in an insurance contract that conflicts with the act is void. If an insurer is giving the insured the time to respond or cure under the act, the insurer is not liable for failing to pay the claim while providing the time. (Note: This summary applies to this bill as enacted.)

Bill Sponsors (2)

Votes


Actions


Jul 02, 2020

Office of the Governor

Governor Signed

Jun 29, 2020

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

House

Signed by the Speaker of the House

Jun 10, 2020

Senate

Senate Third Reading Passed - No Amendments

Senate

Senate Third Reading Reconsidered - No Amendments

Senate

Senate Third Reading Passed - No Amendments

Jun 09, 2020

Senate

Senate Second Reading Special Order - Passed - No Amendments

Jun 08, 2020

Senate

Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
State, Veterans, & Military Affairs Senate Committee of the Whole

Jun 06, 2020

Senate

Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  • Introduction
State, Veterans, & Military Affairs

Jun 05, 2020

House

House Third Reading Passed with Amendments - Floor

Jun 02, 2020

House

House Third Reading Laid Over Daily - No Amendments

Jun 01, 2020

House

House Second Reading Passed with Amendments - Committee

May 28, 2020

House

House Second Reading Laid Over to 06/01/2020 - No Amendments

Mar 14, 2020

House

House Second Reading Laid Over to 03/30/2020 - No Amendments

Mar 13, 2020

House

House Second Reading Laid Over Daily - No Amendments

Mar 10, 2020

House

House Committee on Judiciary Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Judiciary

Feb 07, 2020

House

Introduced In House - Assigned to Judiciary

  • Introduction
Judiciary

Bill Text

Bill Text Versions Format
Signed Act (07/02/2020) PDF
Final Act (06/29/2020) PDF
Rerevised (06/10/2020) PDF
Revised (06/09/2020) PDF
Reengrossed (06/05/2020) PDF
Engrossed (06/01/2020) PDF
Introduced (02/07/2020) PDF
PA1 (03/11/2020) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note FN1 (03/09/2020) PDF
Fiscal Note FN2 (08/17/2020) PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Colorado General Assembly.

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