Statutes, codes, and regulations
Colorado Administrative Code
Department 700 - Department of Regulatory AgenciesDivision 702 - Division of InsuranceRule 3 CCR 702-5 - PROPERTY AND CASUALTY
Regulation Regulation 5-1-19 - PROHIBITED ADVERSE ACTIONS APPLICABLE TO VICTIMS OF THE 2013 COLORADO FLOODS
Section 3 CCR 702-5-1-19-5 - Rules

3 Colo. Code Regs. § 702-5-1-19-5

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Current through Register Vol. 47, No. 24, December 25, 2024
Section 3 CCR 702-5-1-19-5 - Rules
A. An insurer shall not cancel or non-renew a property insurance policy if the property has not been damaged but is otherwise unoccupied because the property owner, business owner or renter is unable to return to the property for reasons beyond his or her control, including but not limited to:
1. The roads to the property are no longer accessible;
2. The affected city or county has not allowed residents to return to the property; or
3. The property is uninhabitable because of the lack of utilities such as gas and water.
B. If the Federal Emergency Management Agency (FEMA) requires coverage denial to provide the consumer financial assistance, the insurer shall not take an adverse action because of this requirement.
C. An insurer shall not consider damage that arose subsequent to the 2013 floods, as related to the 2013 floods, unless it was directly caused by the 2013 floods.
D. In the event of a claim received subsequent to the 2013 floods, an insurer must consider the factors outlined in Subsection 5.A. above when determining whether an insured took reasonable actions to protect the property.
E. Personal property temporarily removed from the insured premises because of the 2013 floods, must be covered at the same amount as if the property was located at the insured premises until the real property is re-occupied.

3 CCR 702-5-1-19-5

38 CR 17, September 10, 2015, effective 10/1/2015
38 CR 18, September 25, 2015, effective 10/15/2015
39 CR 01, January 10, 2016, effective 2/1/2016
39 CR 05, March 10, 2016, effective 4/1/2016
41 CR 01, January 10, 2018, effective 2/14/2018
40 CR 21, November 10, 2017, effective 4/1/2018
41 CR 19, October 10, 2018, effective 11/1/2018
42 CR 18, September 25, 2019, effective 1/1/2020
42 CR 23, December 10, 2019, effective 1/1/2020
44 CR 13, July 10, 2021, effective 6/3/2021
44 CR 08, April 25, 2021, effective 8/1/2021
45 CR 03, February 10, 2022, effective 3/2/2022
45 CR 22, November 25, 2022, effective 12/15/2022
46 CR 11, June 10, 2023, effective 4/27/2023