(1)Every contract for the insurance of compensation and benefits as provided in
articles 40 to 47 of this title or against liability therefor is subject to articles 40 to
47 of this title, and all provisions in the contract for insurance inconsistent with
those articles are void. Any contract of insurance issued under articles 40 to 47 of
this title by any insurance carrier, including stock and mutual corporations and
Pinnacol Assurance, may include and cover any liability of the employer on account
of personal injuries sustained by or death resulting therefrom to any employee.
(2)(a) (I) Except as specified in subparagraph (III) of this paragraph (a), every
carrier providing workers' compensation insurance that is authorized to conduct
business in Colorado shall submit an ann
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(1)
Every contract for the insurance of compensation and benefits as provided in
articles 40 to 47 of this title or against liability therefor is subject to articles 40 to
47 of this title, and all provisions in the contract for insurance inconsistent with
those articles are void. Any contract of insurance issued under articles 40 to 47 of
this title by any insurance carrier, including stock and mutual corporations and
Pinnacol Assurance, may include and cover any liability of the employer on account
of personal injuries sustained by or death resulting therefrom to any employee.
(2) (a) (I) Except as specified in subparagraph (III) of this paragraph (a), every
carrier providing workers' compensation insurance that is authorized to conduct
business in Colorado shall submit an annual report to the commissioner of
insurance listing any policy forms as may be requested by the commissioner. The
listing must be submitted no later than July 1 of each year and must contain a
certification by an officer of the carrier that, to the best of the officer's knowledge,
each policy form in use complies with Colorado law. The commissioner shall
determine the necessary elements of the certification.
(II) (A) An advisory organization as defined in section 10-4-402 (1), C.R.S., or a
rating organization as defined in section 10-4-402 (3), C.R.S., shall submit an annual
report to the commissioner of insurance listing any policy forms as may be
requested by the commissioner. The listing must be submitted no later than July 1 of
each year and must contain a certification by an officer of the organization that, to
the best of the officer's knowledge, each policy form listed complies with Colorado
law. The commissioner shall determine the necessary elements of the certification.
(B) As used in this section, form may include any endorsement, rider, letter,
notice, or other document affecting an insurance policy or contract issued or
delivered to any policyholder in Colorado.
(III) If a carrier uses, in their entirety and without modification, forms
prepared by an advisory organization as defined in section 10-4-402 (1), C.R.S., or a
rating organization as defined in section 10-4-402 (3), C.R.S., the carrier shall notify
the commissioner of insurance that it adopts the annual report filed by the advisory
organization or rating organization under subparagraph (II) of this paragraph (a)
and, if it so notifies the commissioner, it need not submit the certification required
by subparagraph (I) of this paragraph (a). If a carrier uses forms that deviate from
the forms listed by the advisory organization or rating organization, or if it uses
forms other than those listed by the advisory organization or rating organization,
the carrier shall submit the annual listing of forms and certification as required by
subparagraph (I) of this paragraph (a).
(b) In addition to submitting the documentation required under paragraph (a)
of this subsection (2) and except as specified in subparagraph (III) of this paragraph
(b):
(I) Every carrier providing workers' compensation insurance that is
authorized to conduct business in Colorado, every advisory organization as defined
in section 10-4-402 (1), C.R.S., and every rating organization as defined in section 10-4-402 (3), C.R.S., shall submit to the commissioner a list of any new or revised policy
forms as may be requested by the commissioner at least thirty-one days before a
carrier uses the forms. Unless a carrier notifies the division of insurance otherwise,
policy forms submitted on behalf of a member of an advisory organization or rating
organization are deemed to be automatically adopted by the carrier without
modification.
(II) The listing must also contain a certification by an officer of the carrier or
an officer of the advisory or rating organization that, to the best of the officer's
knowledge, each new or revised policy form, endorsement, rider, letter, notice, or
other document proposed to be used complies with Colorado law. The
commissioner shall determine the necessary elements of the certification.
(III) If an advisory organization or rating organization certifies a form as
required by subparagraph (II) of this paragraph (b) and a carrier is a member of that
organization and uses the form in its entirety, the carrier need not list that form as
required by subparagraph (I) of this paragraph (b) or submit a certification for that
form as required by subparagraph (II) of this paragraph (b).
(c) The commissioner may examine and investigate workers' compensation
carriers authorized to conduct business in Colorado to determine whether workers'
compensation policy forms, as may be requested by the commissioner, comply with
the certification of the carrier and statutory mandates.