2021 Colorado Code
Title 10 - Insurance
Article 4 - Property and Casualty Insurance
Part 5 - Colorado Insurance Guaranty Association Act
§ 10-4-517. Immunity
There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the association or its agents or employees, the board of directors, or the commissioner or his representatives for any action taken by them in the performance of their powers and duties under this part 5.
History. Source: L. 71: P. 763, § 1. C.R.S. 1963: § 72-34-17. History. Source: L. 71: P. 763, § 1. C.R.S. 1963: § 72-34-17.
ANNOTATION
This section does not violate the constitutional ban on special legislation. Providing the association with immunity is rationally and reasonably related to a legitimate government purpose of avoiding excessive delay in payment and financial loss to claimants or policyholders due to an insurer's insolvency. Colo. Ins. Guar. v. Sunstate Equip. Co., , 405 P.3d 320 .
Immunity conferred by this section is absolute and includes immunity from penalties that would otherwise be available under § 8-43-304 (1) . Mosley v. Indus. Claim Appeals Office, 119 P.3d 576 (Colo. App. 2005).
The immunity granted by this section barred complainant's affirmative defenses. The affirmative defenses were based on actions taken by the association in the performance of its powers and duties under the act and would result in “liability” to the association. Colo. Ins. Guar. v. Sunstate Equip. Co., , 405 P.3d 320 .
