(1)As used in this
section, unless the context otherwise requires:
(a)Domestic abuse means the occurrence of one or more of the following
acts between family members, current or former household members, or persons
who are or have been involved in an intimate relationship:
(I)Committing an act of unlawful sexual behavior, as described in part 4 of
article 3 of title 18, C.R.S., or otherwise intentionally, knowingly, or recklessly
causing or attempting to cause another person, including a minor, bodily injury or
physical or psychological harm; or
(II)Knowingly engaging in repeated acts under circumstances that place the
person toward which such acts are directed in reasonable fear of bodily injury or
physical or psychological harm; or
(III)Subjecting another person to false
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(1) As used in this
section, unless the context otherwise requires:
(a) Domestic abuse means the occurrence of one or more of the following
acts between family members, current or former household members, or persons
who are or have been involved in an intimate relationship:
(I) Committing an act of unlawful sexual behavior, as described in part 4 of
article 3 of title 18, C.R.S., or otherwise intentionally, knowingly, or recklessly
causing or attempting to cause another person, including a minor, bodily injury or
physical or psychological harm; or
(II) Knowingly engaging in repeated acts under circumstances that place the
person toward which such acts are directed in reasonable fear of bodily injury or
physical or psychological harm; or
(III) Subjecting another person to false imprisonment; or
(IV) Intentionally, knowingly, or recklessly causing or attempting to cause
damage to property so as to intimidate or attempt to control the behavior of
another person.
(b) Domestic abuse related medical condition means a medical condition
sustained by a victim of domestic abuse that arises in whole or in part out of an act
or pattern of domestic abuse.
(c) Domestic abuse status means the fact or perception that a person is or
has been a victim of domestic abuse, irrespective of whether the person has
sustained a domestic abuse related medical condition.
(d) Victim of domestic abuse means a person against whom any of the acts
specified in paragraph (a) of this subsection (1) has been directed by any of the
persons specified in said paragraph (a).
(2) The following are unfair methods of competition and unfair or deceptive
acts or practices in the business of insurance by insurers licensed in this state, their
employees, or their producers:
(a) Denying, refusing to issue, refusing to renew, refusing to reissue,
canceling, or otherwise terminating an insurance policy or restricting coverage on
any person solely because of that person's domestic abuse status; or
(b) Adding any surcharge or rating factor to a premium of an insurance
policy solely because of an insured's domestic abuse status; or
(c) Directly or indirectly asking an insured or an insurance applicant about
that person's domestic abuse status unless related to the provision of appropriate
medical or mental health services to an insured as provided by the insurance
contract or health maintenance organization, but said information shall not be
released without specific, separate authorization from the insured; or
(d) Disclosing or transferring by insurers licensed in this state, their
employees, or their producers any information relating to a person's domestic
abuse status or a person's domestic abuse related medical condition as it relates to
a person's family, household, social, or employment relationship with a victim of
domestic abuse, except:
(I) To the extent required in the ordinary course of business and consistent
with paragraph (a), (b), or (c) of this subsection (2);
(II) To the extent required for compliance with domestic abuse reporting
laws or with an order of a court of competent jurisdiction; or
(III) At the written request of the commissioner for the purpose of
determining the insurer's compliance with this section. This paragraph (d) shall not
preclude a victim of domestic abuse from obtaining his or her records, including
medical records.
(3) An insurer that takes an action that adversely affects an insured or an
applicant who is a victim of domestic abuse, shall demonstrate to the applicant or
the insured, upon the written request of the insured or applicant, that such action is
not based solely upon the domestic abuse status of the insured or the applicant but
that the action is based on underwriting criteria related to the condition, property,
or claim history of the insured or the applicant and that the decision to take such
action was based on sound underwriting and actuarial principles related to actual
or anticipated loss experience.
(4) An insurer that complies with this section and acts in good faith shall not
be held civilly liable in any cause of action that may be brought because of
compliance with this section.
(5) Nothing in this section shall be construed to alter or modify any policy
conditions, exclusions, or limitations that are consistent with paragraphs (a), (b),
and (c) of subsection (2) of this section and are clearly stated in the contract.
(6) Nothing in this section shall be construed to establish a protected class
for victims of domestic abuse.