Colorado HB 22-1111 retroactive? Mike Vincent asked 2 years ago
Colorado HB 22-1111 retroactive?

My initial impression was that House Bill 22-1111 (signed June 2022) would not be retroactive to previous Colorado wildfire survivors. However, Rep. Amabile said many provisions are intended to be retroactive. As I have been unable to rebuild, here are the specific provisions I would like to be able to enforce, following my loss in E. Troublesome (Oct 2020):

1) Buy an existing home, but not have the insurer deduct the land value from former or newly purchased home (insurer initially denied this)

2) Be able to receive the EDC after purchase of an existing home, presuming purchase price exceeds coverage A plus EDC (insurer agrees, but with disagreement over land value deduction)

3) Be able to receive the Code Upgrades allowance, even though purchasing an existing home (insurer vehemently disagreed; adamant that home must be rebuilt on exact lot to receive any benefit from this policy allowance).

I recognize all of these would be allowed for future Colorado policies written after the bill was enacted. However, I am uncertain whether it applies to an ongoing claim.

I have not yet sent the text of the bill to the insurer.

The bill says it applies “…to the administration of claims pursuant to such policies on and after the applicable effective date of this act”

Any opinion or examples as to whether this is indeed retroactive to my open claim, and claims of other Colorado survivors whose policies were written prior to June of 2022?

1 Answers
Stacy Tucker Stacy Tucker Expert answered 2 years ago

The bill is not retroactive, unfortunately. However, its existence may put pressure on insurers to adopt some of the bill’s requirements for all insureds.