Current through 2023 Legislative Session
Section 10-3-1117 - Required disclosures - liability - definition(1) Not more than thirty calendar days after receiving a written request from an insured party, an insurer that issues a commercial automobile or personal automobile policy of insurance for delivery in this state shall provide to the insured party a copy of the complete policy of insurance, including any endorsements.(2)(a) Each insurer that provides or may provide commercial automobile or personal automobile liability insurance coverage to pay all or a portion of a pending or prospective claim shall provide to the claimant or the claimant's attorney via mail, facsimile, or electronic delivery, within thirty calendar days after receiving a written request from the claimant or the claimant's attorney, which request is sent to the insurer's registered agent, a statement setting forth the following information with regard to each known policy of insurance of the named insured, including excess or umbrella insurance, that is or may be relevant to the claim: (I) The name of the insurer;(II) The name of each insured party, as the name appears on the declarations page of the policy;(III) The limits of the liability coverage; and(IV) A copy of the policy.(b) An insured party, upon written request of a claimant or a claimant's attorney, shall disclose to the claimant or claimant's attorney the name and coverage of each known insurer of the insured party.(3) An insurer that violates this section is liable to the requesting claimant for damages in an amount of one hundred dollars per day, beginning on and including the thirty-first day following the receipt of the claimant's written request. The penalty accrues until the insurer provides the information required by this section. An insurer that fails to make a disclosure required by this section is also responsible for attorney fees and costs incurred by a claimant in enforcing the penalty.(4) The claimant and any attorney of the claimant shall not disclose to any party the information described in subsection (2)(a) of this section; except that the claimant and an attorney of the claimant may discuss the information with the claimant's insurer.(5) As used in this section, unless the context otherwise requires, "claimant" means a person that has provided notice to an insurer of a potential claim.Added by 2019 Ch. 250,§ 2, eff. 1/1/2020.L. 2019: Entire section added, (HB 19-1283), ch. 2427, p. 2427, § 2, effective January 1, 2020.