The Colorado Open Records Act (CORA) can be found in the Colorado Revised Statutes at Section 24-72-204, et. seq. The Division of Insurance (Division) maintains many records that fall within the purview of Colorado’s open records laws, §§ 24-72-201 to 502, C.R.S., and members of the public can request access to, or copes of, records maintained by the Division of Insurance.
This means that in order submit a request for record under CORA, it must be submitted to the Division of Insurance in writing. A phone call does not constitute a request under CORA. The easiest way to submit a request is to email to the Division of Insurance at DORA_INS_RulesandRecords@state.co.us
The types of records that can be requested include:
- Corporate Files
- Financial Records
- Financial Examination Reports
- Market Conduct Examination Reports
- Consumer Complaints, however consumer complaints are confidential until the investigation of the complaint by the Division is concluded - complainants and licensees can request their own files and records
- Rate and Form Information
- Licensing Information
- Miscellaneous Information
The Colorado Open Records Act, and Title 10 of the Colorado Revised Statutes, specify what records, and what information in those records is confidential and what is not confidential. If it is confidential, that information cannot be released to the public.
The open records laws also require the Division to deny the right of inspection of certain records, for example, "trade secrets, privileged information, and confidential commercial and financial . . . data," and records protected under the common law governmental or "deliberative process" privilege. See § 24-72-204(3)(a), C.R.S.
The Division shall make the final determination regarding whether a certain record is confidential under § 24-72-204(3)(a), C.R.S.
In addition, the statutes which pertain specifically to the Division require it to maintain the
confidentiality of certain records under specific circumstances.
The Division will respond to your written request within three (3) business days after receiving the request, either with the records requested, a cost estimate to produce the requested records, or additional communication about your request.
If identifying and producing the requested records will take more than one (1) hour of staff time, the Division will produce a cost estimate to produce the requested records.
The Division may ask for additional information to better understand and identify the records being requested.
Under the Colorado Open Records Act, the Division is permitted to charge $25 per hour of staff time required to produce the requested records. However, the first hour to produce the records is free.
Division time includes reviewing the records for confidential information, redacting any confidential information identified, and preparing the records for electronic delivery. Hard copy production incurs additional costs.
If the Division needs to utilize attorney time from the Attorney General's Office for the review of the requested records, attorney time is charged at $30 per hour.