1997
HOUSE BILL 971131
BY REPRESENTATIVES Nichol, Schwarz, Allen, Kaufman, Musgrave, Pankey, Mace, Paschall, Sullivant, Tupa, and Zimmerman;
also SENATORS Powers, Chlouber, Congrove, Hernandez,
Martinez, Tebedo, and Wattenberg.
CONCERNING A PROHIBITION ON THE DENIAL OF HEALTH
CARE COVERAGE BASED SOLELY ON PARTICIPATION IN CERTAIN LEGAL MOTOR
DRIVEN RECREATIONAL ACTIVITIES, AND, IN CONNECTION THEREWITH,
PROHIBITING THE DENIAL OF HEALTH CARE COVERAGE BASED SOLELY ON
PARTICIPATION IN MOTORCYCLING, SNOWMOBILING, AND OFFHIGHWAY
VEHICLE RIDING.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1031104
(1) (f), Colorado Revised Statutes, 1994 Repl. Vol., is amended
BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
1031104. Unfair methods
of competition and unfair or deceptive acts or practices.
(1) The following are defined as unfair methods of
competition and unfair or deceptive acts or practices in the business
of insurance:
(f) (XII) DENYING HEALTH CARE COVERAGE
SUBJECT TO ARTICLE 16 OF THIS TITLE TO ANY INDIVIDUAL BASED SOLELY
ON THAT INDIVIDUAL'S CASUAL OR NONPROFESSIONAL PARTICIPATION IN
THE FOLLOWING ACTIVITIES: MOTORCYCLING; SNOWMOBILING; OR OFFHIGHWAY
VEHICLE RIDING.
SECTION 2. 1031104
(1) (h), Colorado Revised Statutes, 1994 Repl. Vol., is amended
BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
1031104. Unfair methods
of competition and unfair or deceptive acts or practices.
(1) The following are defined as unfair methods of
competition and unfair or deceptive acts or practices in the business
of insurance:
(h) Unfair claim settlement practices:
Committing or performing, either in willful violation of this
part 11 or with such frequency as to indicate a tendency to engage
in a general business practice, any of the following:
(XVI) EXCLUDING MEDICAL BENEFITS UNDER
HEALTH CARE COVERAGE SUBJECT TO ARTICLE 16 OF THIS TITLE TO ANY
COVERED INDIVIDUAL BASED SOLELY ON THAT INDIVIDUAL'S CASUAL OR
NONPROFESSIONAL PARTICIPATION IN THE FOLLOWING ACTIVITIES: MOTORCYCLING;
SNOWMOBILING; OR OFFHIGHWAY VEHICLE RIDING.
SECTION 3. Effective date.
This act shall take effect October 1, 1997, and shall apply to
all policies for coverage written or renewed pursuant to article
16 of title 10, Colorado Revised Statutes, on or after said date.
SECTION 4. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO