Colorado § 10-4-1809 Assessment of fees

Colorado Statutes

§ 10-4-1809 — Assessment of fees

Colorado § 10-4-1809

Title 10Insurance

Art.Property and Casualty Insurance

This text of Colorado § 10-4-1809 (Assessment of fees) 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. § 10-4-1809 (2026).

Text

(1)(a) The FAIR plan association may collect fees from member insurers to generate sufficient revenue to start up the association.

(b)A member insurer that pays a fee based on subsection (1)(a) of this section may recoup the amount directly from the member insurers' policyholders.

(c)A member insurer shall not increase premiums based on a fee assessed pursuant to subsection (1)(a) of this section.

(d)The fee described in subsection (1)(a) of this section is not a premium for any purpose, including the computation of the gross premium tax described in section 10-3-209, or a licensed producer's commission.

(2)(a) The FAIR plan association may collect fees from member insurers as needed for the association to meet its financial obligations, subject to approval by the commissi

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(1) (a) The FAIR plan association may
collect fees from member insurers to generate sufficient revenue to start up the
association.

(b) A member insurer that pays a fee based on subsection (1)(a) of this
section may recoup the amount directly from the member insurers' policyholders.

(c) A member insurer shall not increase premiums based on a fee assessed
pursuant to subsection (1)(a) of this section.

(d) The fee described in subsection (1)(a) of this section is not a premium for
any purpose, including the computation of the gross premium tax described in
section 10-3-209, or a licensed producer's commission.

(2) (a) The FAIR plan association may collect fees from member insurers as
needed for the association to meet its financial obligations, subject to approval by
the commissioner.

(b) A member insurer assessed a fee pursuant to subsection (2)(a) of this
section may recoup the fee directly from the member insurer's policyholders as a
surcharge on the policyholders. The surcharge may be recouped over a reasonable
amount of time.

(c) A member insurer shall not increase premiums based on a fee assessed
pursuant to subsection (2)(a) of this section.

(d) The fee described in subsection (2)(a) of this section is not a premium for
any purpose, including the computation of the gross premium tax described in
section 10-3-209, or a licensed producer's commission.

(3) If the commissioner determines at any time that the FAIR plan
association is or may become unable to meet its financial obligations, the
commissioner shall direct the board to collect fees in accordance with subsection
(2) of this section.

(4) The FAIR plan association may abate or defer, in whole or in part, a fee
assessed to a member insurer if, in the opinion of the board, payment of the fee
would endanger the solvency of the member insurer. In the event a fee assessed
against a member insurer is abated or deferred, in whole or in part, the amount by
which such fee is abated or deferred may be assessed against the other member
insurers.