Colorado § 10-3-1118 Failure-to-cooperate defense

Colorado Statutes

§ 10-3-1118 — Failure-to-cooperate defense

Colorado § 10-3-1118

Title 10Insurance

Art.Regulation of Insurance Companies

This text of Colorado § 10-3-1118 (Failure-to-cooperate defense) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 10-3-1118 (2026).

Text

(1)To plead or prove a failure-to-cooperate defense in an action concerning an insurance policy providing first-party benefits or coverage, each of the following conditions must be met before the defense is asserted in a court of law or an arbitration:

(a)The insurer has submitted a written request to the insured or the insured's representative for the information the insurer seeks via:

(I)Electronic means if the insured or the insured's representative has consented to receive electronic documents from the insurer; or

(II)Certified mail;

(b)The information is not available to the insurer without the assistance of the insured;

(c)The written request provides the insured sixty days to respond;

(d)The written request is for information a reasonable person would determine th

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(1) To plead or prove a failure-to-cooperate defense in an action concerning an insurance policy providing first-party
benefits or coverage, each of the following conditions must be met before the
defense is asserted in a court of law or an arbitration:

(a) The insurer has submitted a written request to the insured or the
insured's representative for the information the insurer seeks via:

(I) Electronic means if the insured or the insured's representative has
consented to receive electronic documents from the insurer; or

(II) Certified mail;

(b) The information is not available to the insurer without the assistance of
the insured;

(c) The written request provides the insured sixty days to respond;

(d) 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

(e) The insurer gives the insured an opportunity to cure, which must:

(I) Include the furnishing of written notice to the insured of the alleged
failure to cooperate, describing with particularity the alleged failure, within sixty
days after the alleged failure; and

(II) Allow the insured sixty days after receipt of the written notice to cure the
alleged failure to cooperate.

(2) A failure-to-cooperate defense acts as a defense to the portion of the
claim materially and substantially prejudiced to the extent the insurer could not
evaluate or pay that portion of the claim.

(3) The existence of a duty to cooperate in a policy does not relieve the
insurer of its duty to investigate or to comply with section 10-3-1104.

(4) Any language in a first-party policy that conflicts with this section is void
as against the public policy of Colorado.

(5) An insurer is not liable for a claim in a civil action based upon a bad-faith
breach of contract under common law or under sections 10-3-1115 and 10-3-1116
because the insurer solely provides the insured with the required amount of time:

(a) To respond to the insurer's written request as specified under subsection
(1)(c) of this section; and

(b) To cure the alleged failure to cooperate as specified under subsection
(1)(e) of this section.