Colorado § 10-4-1005 - Immunity.

§ 10-4-1005. Immunity.

(1) In the case of actions taken under this part 10, and except where information is furnished with knowledge that the information is false or with reckless disregard for its truth or falsity, there may be no civil penalty or damages on the part of, and no claim for relief may be brought against, any person, insurer, or authorized agency or secondary agency for furnishing information or taking other action pursuant to the provisions of this part 10.

(2) Every person, insurer, and authorized agency and secondary agency is immune from civil liability when acting in good faith to cooperate with, furnish evidence to or on behalf of, provide information to, or solicit or receive information from, any of the following with regard to an actual or suspected fraudulent insurance act:

(a) An agency of the federal or any state, county, or municipal government that is involved in the detection, prosecution, or prevention of arson or insurance fraud;

(a.5) Any secondary agency;

(b) Any employee or agent of an agency listed in subsection (2)(a) or (2)(a.5) of this section; and

(c) Another insurer, if acting in accordance with section 10-4-1003 (8)(c) solely for the purpose of detecting, investigating, preventing, or prosecuting an actual or suspected fraudulent insurance act. Information so provided may not be used for underwriting or rating purposes except in connection with an application or policy under which a fraudulent insurance act was committed.

(3) Every person, insurer, and authorized agency and secondary agency is immune from civil liability when acting in good faith to comply with a court order to provide evidence or testimony with regard to an actual or suspected fraudulent insurance act; except that such immunity does not apply to a person or insurer that has committed, or has conspired in or aided and abetted the commission of, such fraudulent insurance act.

(4) The immunity granted by this section shall be in addition to, and not in lieu of, any right, privilege, or immunity available under the common law or any other applicable statute or rule.

Source: L. 79: Entire part added, p. 391, § 1, effective June 7. L. 93: Entire part amended, p. 395, § 3, effective July 1. L. 94: Entire section R&RE, p. 328, § 3, effective July 1. L. 2000: Entire section amended, p. 1736, § 3, effective June 1. L. 2017: (1), (2), and (3) amended, (HB 17-1048), ch. 68, p. 215, § 3, effective August 9.