Colorado § 10-4-109 - Nonrenewal of medical malpractice policies.

§ 10-4-109. Nonrenewal of medical malpractice policies.

(1) No insurer shall refuse to renew a policy of medical malpractice insurance unless such insurer or its agent mails or delivers to the named insured, at the last address shown in the insurer's records, at least ninety days' advance notice of its intention not to renew. This section shall not apply:

(a) If the insurer has already manifested its willingness to renew;

(b) Repealed.

(c) If the insured fails to pay any premium deposit required by the insurer for renewal.

(2) Notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other malpractice liability insurance policy with respect to the particular insured, if such policy has substantially the same limits and provisions of coverage.

(3) Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal.

(4) In the event an insurer refuses to renew, the insured may, by written request, demand a written notification of the reasons for nonrenewal. Such notification shall be given the insured within twenty days after receipt of such request.

(5) Any statement of reasons contained in the notice pursuant to subsection (4) of this section shall be privileged and shall not constitute grounds for any action against the insurer or its representatives or any person who in good faith furnished to the insurer the information upon which the statement is based.

(6) This section shall not apply to insurers providing coverage for exempt commercial policyholders, as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section.

Source: L. 76: Entire section added, p. 365, § 1, effective May 21. L. 86: IP(1) amended and (1)(b) repealed, pp. 573, 575, §§ 3, 7, effective July 1. L. 99: (6) added, p. 389, § 14, effective January 15, 2000.

ANNOTATION

Effect of notice requirements on duty of insurer to renew policies. This section requires that insurer give at least ninety days' advance notice of its intention not to renew a policy. Bad faith cause of action can not be based on insurer's nonrenewal of policies where this section and other policy terms provided that insurer had no duty to renew policies. Ballow v. PHICO Ins. Co., 841 P.2d 344 (Colo. App. 1992).