HB 25-1205 Colorado House · 2025 Regular Session

Implement Fair Access to Insurance Requirements Plans

Summary
The act specifies that the fair access to insurance requirements plan association (association) is not: A department, unit, agency, political subdivision, or instrumentality of the state; or An insurance company or a person engaged in the business of insurance. The act also grants a member insurer, the association and its agents or employees, the board of directors of the association, and the commissioner of insurance or the commissioner's representatives immunity for any action taken by them in the performance of their powers and duties for the association. The act specifies that the only causes of action and remedies available to a policyholder of a fair access to insurance requirements plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing. (Note: This summary applies to this bill as enacted.)
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Passage
Mar 2025
Senate Passage
Mar 2025
Signed into Law
Apr 2025
Introduced Feb 10, 2025 Signed Apr 17, 2025
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What changed between versions

Revised (03/24/2025) PA2 (03/20/2025) · 2 edits
MINOR
The bill was amended to clarify how damages are calculated in cases where an insurance association breaches the covenant of good faith and fair dealing. The changes specify that compensatory damages cover both economic and noneconomic losses, while punitive damages are only allowed if the breach involved fraud, malice, or willful and wanton conduct. This provides clearer guidance on what types of damages can be awarded in such legal actions.
REQUIREMENT

Added subsection (c) limiting damages for breach of the covenant of good faith and fair dealing to compensatory damages for economic and noneconomic losses.

Added subsection (d) specifying that punitive damages are only permitted if the breach was accompanied by fraud, malice, or willful and wanton conduct.

Floor votes · Senate Mar 25, 2025 · House Mar 4, 2025

How they voted

287
Passed
Total votes 35
Mar 25, 2025
D Democratic23
23 Yea
100% Yea
R Republican12
5 Yea 7 Nay
58% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
15
Key actions
5
Committee
2
Amendments
2
Apr 17, 2025
Signed into law
Governor Signed
executive
Mar 28, 2025
Introduced
House Considered Senate Amendments - Result was to Concur - Repass
lower
Mar 26, 2025
Introduced
House Considered Senate Amendments - Result was to Laid Over Daily
lower
Mar 25, 2025
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Mar 20, 2025
Upper · Passed
Senate Committee on Business, Labor, & Technology Refer Amended - Consent Calendar to Senate Committee of the Whole
upper
Mar 6, 2025
Introduced
Introduced In Senate - Assigned to Business, Labor, & Technology
upper
Mar 4, 2025
Lower · Passed
House Third Reading Passed - No Amendments
lower
Feb 26, 2025
Lower · Passed
House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
lower
Feb 10, 2025
Introduced
Introduced In House - Assigned to Business Affairs & Labor
lower
4 primary · 26 co-sponsors

Sponsors