Colorado House Bill 20-1290 – Restriction on the Use of Failure to Cooperate Defense in First-Party Claims

Failure in ripped paper

Colorado HB 20-1290 concerns the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage.

May 18, 2020
David M. McLain – Colorado Construction Litigation

On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage.

If the bill were to pass, in order to plead or prove a failure-to-cooperate defense in any action concerning first-party insurance benefits, the following conditions must be met:

  1. The carrier has submitted a written request for information the carrier seeks to the insured or the insured’s representative, by certified mail;
  2. The written request provides the insured 60 days to respond;
  3. The information sought would be discoverable in litigation;

Mr. McLain may be contacted at mclain@hhmrlaw.com



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