Colorado § 10-4-1005 Immunity

Colorado Statutes

§ 10-4-1005 — Immunity

Colorado·Title 10 Insurance·Art. Property and Casualty Insurance

(1)In the case of actions taken under this part 10, and except where information is furnished with knowledge that the information is false or with reckless disregard for its truth or falsity, there may be no civil penalty or damages on the part of, and no claim for relief may be brought against, any person, insurer, or authorized agency or secondary agency for furnishing information or taking other action pursuant to the provisions of this part 10.

(2)Every person, insurer, and authorized agency and secondary agency is immune from civil liability when acting in good faith to cooperate with, furnish evidence to or on behalf of, provide information to, or solicit or receive information from, any of the following with regard to an actual or suspected fraudulent insurance act:

(a)

Free access — add to your briefcase to read the full text and ask questions with AI

(1) In the case of actions taken under this part 10, and
except where information is furnished with knowledge that the information is false
or with reckless disregard for its truth or falsity, there may be no civil penalty or
damages on the part of, and no claim for relief may be brought against, any person,
insurer, or authorized agency or secondary agency for furnishing information or
taking other action pursuant to the provisions of this part 10.

(2) Every person, insurer, and authorized agency and secondary agency is
immune from civil liability when acting in good faith to cooperate with, furnish
evidence to or on behalf of, provide information to, or solicit or receive information
from, any of the following with regard to an actual or suspected fraudulent
insurance act:

(a) An agency of the federal or any state, county, or municipal government
that is involved in the detection, prosecution, or prevention of arson or insurance
fraud;

(a.5) Any secondary agency;

(b) Any employee or agent of an agency listed in subsection (2)(a) or (2)(a.5)
of this section; and

(c) Another insurer, if acting in accordance with section 10-4-1003 (8)(c)
solely for the purpose of detecting, investigating, preventing, or prosecuting an
actual or suspected fraudulent insurance act. Information so provided may not be
used for underwriting or rating purposes except in connection with an application or
policy under which a fraudulent insurance act was committed.

(3) Every person, insurer, and authorized agency and secondary agency is
immune from civil liability when acting in good faith to comply with a court order to
provide evidence or testimony with regard to an actual or suspected fraudulent
insurance act; except that such immunity does not apply to a person or insurer that
has committed, or has conspired in or aided and abetted the commission of, such
fraudulent insurance act.

(4) The immunity granted by this section shall be in addition to, and not in
lieu of, any right, privilege, or immunity available under the common law or any
other applicable statute or rule.

Colorado § 10-4-1005 (Immunity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 79: Entire part added, p. 391, � 1, effective June 7. L. 93: Entire part amended, p. 395, � 3, effective July 1. L. 94: Entire section R&RE, p. 328, � 3, effective July 1. L. 2000: Entire section amended, p. 1736, � 3, effective June 1. L. 2017: (1), (2), and (3) amended, (HB 17-1048), ch. 68, p. 215, � 3, effective August 9.