1997
SENATE BILL 97072
BY SENATORS Reeves, Feeley, Hernandez, Johnson, Linkhart, Martinez, Matsunaka, Pascoe, Phillips, Rupert, Thiebaut, and Wham;
also REPRESENTATIVES Schauer, Allen, Bacon, Clarke,
Dean, Epps, Gordon, Gotlieb, Grossman, Hagedorn, Leyba, Mace,
Nichol, Reeser, Saliman, Schwarz, Snyder, Takis, Tupa, Udall,
Veiga, and S. Williams.
CONCERNING PROHIBITION OF DISCRIMINATION BY INSURANCE
PROVIDERS AGAINST VICTIMS OF DOMESTIC ABUSE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
11 of article 3 of title 10, Colorado Revised Statutes, 1994 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
1031104.8. Domestic abuse
discrimination prohibited. (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.
SECTION 2. The
introductory portion to 1031108 (1), Colorado Revised
Statutes, 1994 Repl. Vol., is amended to read:
1031108. Orders. (1) If,
after a hearing conducted under section 1031107, the
commissioner determines that the person charged has engaged in
an unfair method of competition or an unfair or deceptive act
or practice, the commissioner shall reduce the findings to writing
and shall issue and cause to be served on such person a copy of
such findings and an order requiring such person to cease and
desist from engaging in such method of competition, act, or practice,
and, if such act or practice is a violation of section 1031104,
1031104.7, 1031104.8, 1031105,
or 1018106, the commissioner may, at his or her discretion,
order any one or more of the following:
SECTION 3. Effective
date applicability. This act shall take effect January
1, 1998, and shall apply to acts or omissions occurring 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO