6 Colo. Code Regs. § 1007-3-266.11

Current through Register Vol. 48, No. 1, January 10, 2025
Section 6 CCR 1007-3-266.11 - Definitions of terms as used in this Part
(a)"Closure plan" means the plan for closure prepared in accordance with the requirements of§§ 264.112 and 265.112.
(b)"Current closure cost estimate" means the most recent of the estimates prepared in accordance with§ 266.12.
(c)"Current post-closure cost estimate" means the most recent of the estimates prepared in accordance with§ 266.13.
(d)"Parent corporation" means a corporation which directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent corporation.
(e)"Post-closure plan" means the plan for post-closure care prepared in accordance with the requirements of§§ 264.117 through 264.120, and 265.117 through 265.120.
(f) [Reserved]
(g) In the liability insurance requirements the terms "bodily injury" and "property damage" shall have the meanings given these terms by applicable State law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The Department intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The definitions given below of several of the terms are intended to assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts with general insurance industry usage.

"Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.

"Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.

"Non-sudden accidental occurrence" means an occurrence which takes place over time and involves continuous or repeated exposure.

"Sudden accidental occurrence" means an occurrence which is not continuous or repeated in nature.

(h)"Substantial business relationship" means the extent of a business relationship necessary under applicable State law to make a guarantee contract issued incident to that relationship valid and enforceable. A "substantial business relationship" must arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the Department.
(i)"Captive Insurance Company" means a closely-held company owned by one or more organizations or parents, whose original purpose was and may continue to be, to insure some or all of the risks of shareholders or affiliated organizations.

6 CCR 1007-3-266.11

37 CR 24, December 25, 2014, effective 3/2/2015
38 CR 11, June 10, 2015, effective 6/30/2015
39 CR 05, March 10, 2016, effective 3/30/2016
39 CR 11, June 10, 2016, effective 6/30/2016
40 CR 06, March 25, 2017, effective 4/14/2017
40 CR 11, June 10, 2017, effective 6/30/2017
40 CR 21, November 10, 2017, effective 11/30/2017
41 CR 06, March 25, 2018, effective 4/14/2018
41 CR 11, June 10, 2018, effective 6/30/2018
41 CR 24, December 25, 2018, effective 1/14/2019
42 CR 06, March 25, 2019, effective 4/14/2019
42 CR 06, March 25, 2019, effective 5/30/2019
42 CR 11, June 10, 2019, effective 6/30/2019
43 CR 12, June 25, 2020, effective 7/15/2020
44 CR 06, March 25, 2021, effective 4/14/2021
44 CR 11, June 10, 2021, effective 6/30/2021
44 CR 24, December 25, 2021, effective 1/14/2022
45 CR 11, June 10, 2022, effective 6/30/2022
45 CR 17, September 10, 2022, effective 9/10/2022
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 23, December 10, 2022, effective 1/30/2023