Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Workers' Compensation
7 CCR 1101-4 - RULES GOVERNING THE ISSUANCE OF SELF-INSURANCE PERMITS UNDER THE WORKERS' COMPENSATION ACT
Part 4 - ADDITIONAL INSURANCE REQUIREMENTS
Universal Citation: 1100 CO Code Regs 4
Current through Register Vol. 47, No. 17, September 10, 2024
(A) SPECIFIC EXCESS INSURANCE AND AGGREGATE EXCESS INSURANCE
(1) The contract or policy of specific excess
insurance and/or aggregate excess insurance shall comply with all of the
following:
(a) Is issued from either an
insurer or a non-admitted surplus line company licensed or approved by the
Insurance Commissioner of Colorado.
(b) Is not cancelable or nonrenewable unless
written notice by registered or certified mail is given to the other party to
the policy and to the Executive Director not less than ninety (90) days before
termination by the party desiring to cancel or not renew the policy.
(c) Any contract or policy containing any
type of commutation clause shall provide that any commutation effected
thereunder shall not relieve the underwriter or underwriters of further
liability in respect to claims and expenses unknown at the time of such
commutation or in regard to any claim apparently closed at the time of initial
commutation which is subsequently reopened by or through a competent authority.
If the underwriter proposes to settle a liability for future payments payable
as compensation for accidents occurring during the term of the policy by the
payment of a lump sum to the employer to be fixed as provided in the
commutation clause of the policy, then not less than thirty (30) days prior
notice to such commutation shall be given by the underwriter(s) or its (their)
agent by registered or certified mail to the Executive Director. If any
commutation is effected, the Executive Director shall have the right to direct
that such sum be placed in trust for the benefit of the injured employee(s)
entitled to such future payments of compensation.
(d) If a permit holder becomes insolvent and
is unable to make benefit payments, the excess carrier shall make such payments
as would have been made by the excess carrier to the employer, after it has
been determined that the retention level has been reached on the excess
contract, as directed by the Executive Director.
(e) All of the following shall be applied
toward the reaching of retention level in the specific excess contract and/or
the aggregate excess contract:
(1) Payments
made by the employer;
(2) Payments
due and owing to claimant by the employer;
(3) Payments made on behalf of the employer
by any surety bond under a bond required by the Executive Director or from
other security, as defined in Part 3(A)(4)(d).
(f) Copies of a certificate of the excess
insurance and aggregate insurance shall be filed, on an annual basis, with the
Executive Director together with a certification that such policy fully
complies with the rules of the Workers' Compensation Act.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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