Request for Comment on DRAFT Proposed Bulletin Division Position Concerning Wildfire Smoke, Soot, Ash, Odor and/or Char Sub-limits

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The Division is seeking comments on the following draft proposed bulletin:

The purpose of this bulletin is to inform property and casualty insurers issuing residential property policies in Colorado the Division's position regarding smoke, soot, ash, odor and/or char sub-limits.

Wildfire smoke, soot, ash, odor, and/or char damage are viewed by the Division as direct extensions of wildfire damage and thus including sub-limits for wildfire smoke, soot, ash, odor, and/or char has the capacity to undermine the essential protection Colorado policyholders reasonably expect to be provided by their residential property insurance policies. As a consequence, residential property insurance policies with wildfire smoke, soot, ash, odor, and/or char sub-limits may be considered by the Division as deceptive and in violation of section 10-3-1104, C.R.S. The Division, therefore, expects insurers to refrain from including in their residential property policies such sub-limits and administer claims resulting from wildfire smoke, soot, ash, odor, and/or char accordingly.

Please submit your comments on this draft proposed emergency regulation no later than 5 pm on June 25, 2025 to DORA_INS_RulesandRecords@state.co.us.

This draft proposed emergency regulation, as well as other draft regulations and bulletins currently released for informal public comment, can be found on the Division's DRAFT Regulations and Bulletins for Informal Public Comment website.

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