Colorado § 10-4-1810.5 - Immunity - exceptions - remedies.
Full text of Colorado Colorado Revised Statutes § 10-4-1810.5 — Immunity - exceptions - remedies., with citation guidance and answers to common questions.
§ 10-4-1810.5. Immunity - exceptions - remedies.
(1) A member insurer, the FAIR plan association and its agents or employees, the board of directors, and the commissioner or the commissioner's representatives are immune for any action taken by them in the performance of their powers and duties under this part 18.
(2) (a) The exclusive causes of action and remedies available to a policyholder of a FAIR plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing.
(b) A claim for breach of the common law covenant of good faith and fair dealing against the association requires proof that the association acted unreasonably and that the association knew or recklessly disregarded that the association's actions were unreasonable.
(c) Damages in an action for a breach of the covenant of good faith and fair dealing are limited to compensatory damages for economic and noneconomic losses. A court may award punitive damages only if the association's breach was accompanied by circumstances of fraud, malice, or willful and wanton conduct.
(d) If a policyholder successfully proves that the association breached the covenant of good faith and fair dealing, the policyholder is entitled to attorney fees and costs. If the court finds that an action brought pursuant to this section was frivolous, as provided in article 17 of title 13, the court shall award costs and attorney fees to the association.
Source: L. 2025: Entire section added, (HB 25-1205), ch. 81, p. 339, § 2, effective April 17.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 10-4-1810.5
What does Colorado Revised Statutes § 10-4-1810.5 cover?
Section 10-4-1810.5 ("Immunity - exceptions - remedies.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 10-4-1810.5?
A common citation format is "Colorado Revised Statutes § 10-4-1810.5" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 10-4-1810.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.