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ARTICLE · 31 MAY 2021

Colorado Revised Statute Section 10-3-1118

In the 2020 legislative session, the Colorado General Assembly passed House Bill 20-1290. The resulting statute, Colorado Revised Statute Section 10-3-1118, went into effect on September 14, 2020.

United StatesInsurance

(May 2021) -  In the 2020 legislative session, the Colorado General Assembly passed House Bill 20-1290. The resulting statute, Colorado Revised Statute Section 10-3-1118, went into effect on September 14, 2020. The new statute applies to litigation  occurring on or after September 14, 2020, but arguably applies to the handling of claims  arising before that date.

Section 10-3-1118 establishes specific requirements that an insurer must meet in order to assert a failure to cooperate defense in litigation.

1. Written Request for Information

The insurer must request information from the insured in writing and provide the insured 60 days to respond. The written request must be sent by certified mail or electronically if the insured consented to receive electronic documents from the insurer.

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