Colorado § 10-3-1108 - Orders.

§ 10-3-1108. Orders.

(1) If, after a hearing conducted under section 10-3-1107, the commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice or has violated any other provision of this title or any rule or lawful order of the commissioner, the commissioner shall reduce the findings to writing and shall issue and cause to be served on such person a copy of such findings and an order requiring such person to cease and desist from engaging in such method of competition, act, practice, or violation, and, except in the case of an act or practice that is not a violation of any specific provision of this title or any specific rule or lawful order of the commissioner, the commissioner may, at his or her discretion, order any one or more of the following:

(a) Payment of a monetary penalty of not more than three thousand dollars for each act or violation but not to exceed an aggregate penalty of thirty thousand dollars, unless such person, being an insurer, knew or reasonably should have known he or she was in violation of this part 11, in which case the penalty shall not be more than thirty thousand dollars for each act or violation, but not to exceed an aggregate penalty of seven hundred fifty thousand dollars annually;

(b) Suspension or revocation of the person's license if he knew or reasonably should have known he was in violation of the provisions of this part 11; or

(c) Payment of a contractual claim to an insured or beneficiary pursuant to an insurance policy if the commissioner finds that the violation of this part 11 caused the failure to pay the claim, which amount shall be determined by the commissioner at the hearing based on the testimony and evidence presented. This paragraph (c) shall not apply during the pendency of any civil action seeking a declaratory judgment concerning such claims.

(2) Any order issued by the commissioner pursuant to paragraph (c) of subsection (1) of this section may be appealed to the district court, whereupon the matter shall be tried de novo by the district court.

Source: L. 73: R&RE, p. 862, § 1. C.R.S. 1963: § 72-14-8. L. 81: IP(1) amended, p. 577, § 4, effective June 4. L. 90: (1)(c) and (2) added, p. 614, §§ 1, 2, effective April 5. L. 93: (1)(a) amended, p. 393, § 2, effective July 1. L. 94: IP(1) amended, p. 1628, § 23, effective May 31; IP(1) amended, p. 1946, § 2, effective June 2. L. 97: IP(1) amended, p. 1077, § 4, effective July 1; IP(1) amended, p. 98, § 2, effective January 1, 1998. L. 2008: (1)(a) amended, p. 2172, § 3, effective August 5.

Editor's note: (1) Amendments to the introductory portion to subsection (1) by Senate Bill 94-058 and Senate Bill 94-206 were harmonized.

(2) Senate Bill 97-072 was superseded by and harmonized with Senate Bill 97-108, because the amendment made in Senate Bill 97-108 has the effect of including the referenced section that was added in Senate Bill 97-072.

ANNOTATION

Annotator's note. Since § 10-3-1108 is similar to repealed § 72-15-7, CRS 53, a relevant case construing that provision has been included in the annotations to this section.

This section does not provide an exclusive remedy for unfair competition. Atl. & Pac. Ins. Co. v. Combined Ins. Co. of Am., 312 F.2d 513 (10th Cir. 1962).

Federal courts also can supply a remedy. This section does not remove unfair competition suits involving insurance companies from the jurisdiction of federal district courts in Colorado. Atl. & Pac. Ins. Co. v. Combined Ins. Co. of Am., 312 F.2d 513 (10th Cir. 1962).

Applied in Farmers Grp., Inc. v. Trimble, 658 P.2d 1370 (Colo. App. 1982), aff'd, 691 P.2d 1138 (Colo. 1984).