{"data":{"id":"us-co/c.r.s.-10-3-1118","jurisdiction":"us-co","citation":"C.R.S. § 10-3-1118","heading":"Failure-to-cooperate defense.","body":"(1) To plead or prove a failure-to-cooperate defense in an action concerning an insurance policy providing first-party benefits or coverage, each of the following conditions must be met before the defense is asserted in a court of law or an arbitration:\n\n(a) The insurer has submitted a written request to the insured or the insured's representative for the information the insurer seeks via:\n\n(I) Electronic means if the insured or the insured's representative has consented to receive electronic documents from the insurer; or\n\n(II) Certified mail;\n\n(b) The information is not available to the insurer without the assistance of the insured;\n\n(c) The written request provides the insured sixty days to respond;\n\n(d) The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and\n\n(e) The insurer gives the insured an opportunity to cure, which must:\n\n(I) Include the furnishing of written notice to the insured of the alleged failure to cooperate, describing with particularity the alleged failure, within sixty days after the alleged failure; and\n\n(II) Allow the insured sixty days after receipt of the written notice to cure the alleged failure to cooperate.\n\n(2) A failure-to-cooperate defense acts as a defense to the portion of the claim materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim.\n\n(3) The existence of a duty to cooperate in a policy does not relieve the insurer of its duty to investigate or to comply with section 10-3-1104.\n\n(4) Any language in a first-party policy that conflicts with this section is void as against the public policy of Colorado.\n\n(5) An insurer is not liable for a claim in a civil action based upon a bad-faith breach of contract under common law or under sections 10-3-1115 and 10-3-1116 because the insurer solely provides the insured with the required amount of time:\n\n(a) To respond to the insurer's written request as specified under subsection (1)(c) of this section; and\n\n(b) To cure the alleged failure to cooperate as specified under subsection (1)(e) of this section.","path":["Title INSURANCE - MUTUAL INSURANCE","Article 3 - Regulation of Insurance Companies","Part 11 - UNFAIR COMPETITION - DECEPTIVE PRACTICES"],"source_url":"https://olls.info/crs/crs2026-title-10.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"8d2ca82027d2bc08b4ba1f2478d21dfd0dcf8a360817d5595af7abbf879c8474","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-10-3-1117","next":"us-co/c.r.s.-10-3-1119"},"notice":"GroundRules: Original legal text. Not legal advice."}