Colorado 2020 Regular Session Status: Died

HB 20-1076 — Regulation Of Claims Against Insurance Companies By Insured Parties

Last action — House Committee on Health & Insurance Postpone Indefinitely

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  1. ✓
    Introduced
  2. Died in session

This bill died with 2020 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The bill states that if an insurer or an insured party requests an administrative hearing concerning an allegation that an insurer has breached the terms of an enforceable policy or other contract: The commissioner of insurance (commissioner) shall hold the hearing not later than 60 days after receiving the request; Neither the commissioner nor the division nor any administrative court may impose or require a fee of any party in association with the hearing; The commissioner shall conduct the hearing pursuant to the Colorado rules of procedure for small claims courts; The commissioner shall issue a ruling, and the ruling is not subject to appeal and does not prevent de novo judicial proceedings; If the commissioner determines, pursuant to the hearing, that the insurer has breached the terms of an enforceable policy or other contract, the commissioner may award treble damages and attorney fees to the insured party; and Any determination made by the commissioner, the division of insurance, or an administrative law judge pursuant to the hearing is admissible as evidence in any subsequent civil action. The bill states that in any civil action in which a plaintiff claims that an insurer wrongfully denied a claim submitted by the plaintiff pursuant to an enforceable policy issued by the insurer to the plaintiff: The court shall not charge the plaintiff any fee to recover costs associated with a jury trial; and The defendant insurer may not file a motion for summary judgment, a directed verdict, a judgment on the pleadings, or any other alternative outcome if the plaintiff has requested a jury trial. The bill states that in any civil action in which the trier of fact determines that an insurer wrongfully denied a claim submitted by a plaintiff pursuant to an enforceable policy issued by the insurer to the plaintiff, that the insurer denied the claim in bad faith, and that the plaintiff suffered damages as a result of the wrongful denial, the court shall award treble damages, court costs, and attorney fees to the plaintiff. The bill states that it is an unfair method of competition and an unfair or deceptive act or practice in the business of insurance for an insurer to unilaterally change or cancel, or attempt to unilaterally change or cancel, the terms of a prepaid policy of insurance until the policy is due for renewal. (Note: This summary applies to this bill as introduced.)

Bill Text

Amendments

1 amendment

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Action History

  1. House Committee on Health & Insurance Postpone Indefinitely

  2. Introduced In House - Assigned to Health & Insurance

Sponsors

  • Dave Williams · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 101 not signed on

Sponsors (1)

  • Dave Williams

Co-sponsors (0)

None.

Not signed on (101)

101 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 20-1076 do?
The bill states that if an insurer or an insured party requests an administrative hearing concerning an allegation that an insurer has breached the terms of an enforceable policy or other contract: The commissioner of insurance (commissioner) shall hold the hearing not later than 60 days after receiving the request; Neither the commissioner nor the division nor any administrative court may impose or require a fee of any party in association with the hearing; The commissioner shall conduct the hearing pursuant to the Colorado rules of procedure for small claims courts; The commissioner shall issue a ruling, and the ruling is not subject to appeal and does not prevent de novo judicial proceedings; If the commissioner determines, pursuant to the hearing, that the insurer has breached the terms of an enforceable policy or other contract, the commissioner may award treble damages and attorney fees to the insured party; and Any determination made by the commissioner, the division of insurance, or an administrative law judge pursuant to the hearing is admissible as evidence in any subsequent civil action. The bill states that in any civil action in which a plaintiff claims that an insurer wrongfully denied a claim submitted by the plaintiff pursuant to an enforceable policy issued by the insurer to the plaintiff: The court shall not charge the plaintiff any fee to recover costs associated with a jury trial; and The defendant insurer may not file a motion for summary judgment, a directed verdict, a judgment on the pleadings, or any other alternative outcome if the plaintiff has requested a jury trial. The bill states that in any civil action in which the trier of fact determines that an insurer wrongfully denied a claim submitted by a plaintiff pursuant to an enforceable policy issued by the insurer to the plaintiff, that the insurer denied the claim in bad faith, and that the plaintiff suffered damages as a result of the wrongful denial, the court shall award treble damages, court costs, and attorney fees to the plaintiff. The bill states that it is an unfair method of competition and an unfair or deceptive act or practice in the business of insurance for an insurer to unilaterally change or cancel, or attempt to unilaterally change or cancel, the terms of a prepaid policy of insurance until the policy is due for renewal. (Note: This summary applies to this bill as introduced.)
Who sponsors HB 20-1076?
HB 20-1076 is sponsored by Dave Williams.
What is the current status of HB 20-1076?
This bill died with 2020 Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 20-1076?
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Last checked for changes 3 months ago · updated continuously

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