COL LEG Construction Defect Insurers

Published on: May 19, 2025

On May 12, COL LEG enacted bill on construction defect claims.

  • COL LEG enacted HB 25-1272, the Colorado American dream act, on defect claims.
  • Amends COL LEG 13-20-802.5 (definitions), defines incentive program, program claim, COL LEG 13-20-803.5 (notice of claim process-duty to mitigate), claimant obligations.
  • Bill Provisions
  • Applies to construction professionals participating in the multifamily incentive program.
  • Requires construction professionals to provide copies of insurance policies related to construction defect claims that were in force during construction and date of claim.
  • Prohibits insurers from canceling, denying, or reducing coverage of construction professional policies based on policyholder offering to repair or settle defect claims.
  • Any construction professional settlement or repair agreement with construction defect claimant that affects coverage is subject to approval by the insurer of the policy.
  • Legislative History
  • On Feb. 18, 2025, bill introduced in House; on Mar. 31, 2025, bill passed in House.
  • On Apr. 3, 2025, bill introduced in Senate; on Apr. 17, 2025, amended bill passed.
  • On Apr. 23, 2025, bill concurred in House; on May 12, 2025, governor signed bill.
  • Effectiveness
  • Effective 12:01 am day after expiration of 90-period after final general assembly adjournment, which adjourned May 7, so effective date would be Aug. 6, 2025.
Regulators
COL LEG
Entity Types
Corp; Ins
Reference
Bill HB25-1272, 5/12/2025; Citation: COL LEG 13-20-802.5; COL LEG 13-20-803.5;
Functions
Claims/Accelerated Benefits; Compliance; Financial; Legal; Market Conduct; Settlement
Countries
United States of America
Category
State
N/A
Products
Corporate; Insurance; Insurance-Casualty; Insurance-Property
Rule Type
Final
Regions
Am
Rule Date
May 12, 2025
Effective Date
Aug 6, 2025
Rule ID
254785
Linked to
N/A
Reg. Last Update
May 12, 2025
Report Section
US Insurance