We have received several recent questions on letters that are being received from several Plaintiff’s firms referring to C.R.S. 10-3-1117.
This new law went into effect January 1, 2020 and requires that within 30 days, when an attorney or claimant/plaintiff send a written request to the REGISTERED AGENT of the Automobile insurer: The INSURER must send within 30 days:
A statement Identifying each known policy of insurance of the named insured including excess or umbrella insurance, that is relevant to the claim:
- The name of the insurer;
- The name of each insured party, as the name appears on the declarations page of the policy;
- The limits of the liability coverage;
- A Copy of the Policy
Such a request would also include UM/UIM policies that an Employer may carry on company vehicles or for their own employees.
With regards to Workers’ Compensation policies, or other non-auto policies - section 10-3-1117(2)(b) suggests that if the “Insured Party” i.e Employer or the TPA receives a written request they are ONLY entitled to:
- The Name of the Insurer;
- Type of Coverage
That may be relevant to the claim.
Therefore for a WC case, a response would ONLY INCLUDE:
- “Insurer Name”
- Workers Compensation Insurance.
It does not appear from the language of the statute that this request must be completed within 30 days, or if there is any time limit, but such a timeline is a good rule of thumb for these requests. The penalties in the statute only apply to Insurers of automobile personal or commercial policies.
Do not, unless approved, provide a copy of the policy, any limit information, the names of the insureds or deductible information.
