No. 10-02 AG Alpha No. EX AD AGBCY - February 1, 2010

On June 4, 2008, Governor Bill Ritter signed into law HB 08-1407, which increased the penalties that the Colorado Commissioner of Insurance (“Commissioner”) may impose against insurance companies for violations of Colorado insurance laws pursuant to sections 10-1-205(3)(b) and 10-3-1108, C.R.S.  HB 08-1407 also created a statutory cause of action for first-party claimant insureds to sue insurance companies for the unreasonable delay or denial of insurance claims pursuant to section 10-3-1116, C.R.S.  The provisions of HB 08-1407 became effective August 5, 2008. On May 22, 2009, Thomas M. Rogers, III, Chief Legal Counsel for the Office of the Governor, submitted a request for an opinion from this office raising several questions involving the application and scope of HB 08-1407.


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