Colorado § 10-2-203 - Course certification, registration, and review by commissioner.

§ 10-2-203. Course certification, registration, and review by commissioner.

(1) Prelicensure education courses or programs that will be provided and offered to persons applying for life, sickness and accident, property, or casualty licensing are subject to review and certification by the commissioner, except that:

(a) Any full-time program of prelicensure education operated by a qualified domestic company or a company with a qualified home office located in Colorado shall not be subject to review and certification by the commissioner; and

(b) Any applicant or licensee who has attended such a course or program shall be deemed in compliance with the provisions of section 10-2-201 upon certification by the applicant that he or she has completed all required hours of instruction through such a course or program.

(2) Course instruction, content, outline, and course instructors are subject to initial approval by the commissioner and, at the discretion of the commissioner, are also subject to periodic review for continuation. The course provider shall remit the fee as prescribed in accordance with section 10-2-413 to continue or renew such approved course or program.

(3) If, upon review, the commissioner finds that a prelicensure education course or program is not in compliance with all applicable standards, as set forth by rule, the commissioner may order the course or program to be discontinued or revoke the approval of the course provider or both.

Source: L. 93: Entire article R&RE, p. 1352, § 1, effective January 1, 1995.

ANNOTATION

Allocation of liabilities for wrongs. The provisions of subsections (1) and (2) do not govern or allocate liabilities for wrongs as between as principal, agent, and third party; rather, the statute only provides that insurance agents are the agents of the insurer and insurance brokers are representatives of the insured. Thus, oral representations by an agent cannot impose liability on an insurer where they contradict the terms of the insurance contract. Pete's Satire, Inc. v. Commercial Union Ins., 698 P.2d 1388 (Colo. App. 1985), aff'd sub nom. on other grounds in Bayly, Martin & Fay v. Pete's Satire, 739 P.2d 239 (Colo. 1987).

Individual was agent of insurer and his acts were imputable to insurer where automobile insurer stipulated that individual was its duly appointed insurance agent and stipulation paralleled statutory definition of that term. Northwestern Nat. Cas. Co. v. State, 682 P.2d 486 (Colo. App. 1983).

Selling agent found to be an agent of the insurance company and not the person applying for insurance. Life Investors Ins. Co. of Am. v. Smith, 833 P.2d 864 (Colo. App. 1992).

Selling agent was an agent of the insurer and not of the respondent where there was an employment contract between the selling agent and insurer that set forth the agent's duties with respect to the insurer and where the selling agent initially contacted the respondent because of a request by the respondent's employer and not the respondent himself. Life Investors Ins. Co. of Am. v. Smith, 833 P.2d 864 (Colo. App. 1992).

Applied in Wright v. Newman, 598 F. Supp. 1178 (D. Colo. 1984), aff'd 767 F.2d 460 (10th Cir. 1985).

PART 3

CONTINUING EDUCATION

Cross references: For current provisions of the "Reinsurance Intermediary Act" previously located in this part 3, see part 9 of this article 2.