THE COLORADO DIVISION OF INSURANCE PROCLAIMS “CONSUMER PROTECTION IS OUR MISSION”

Why can’t the Division of Insurance communicate to Legislators the need for more consumer protections?

The Colorado Division of Insurance has provided its 2018 “Annual Report on Title Insurance to the Colorado General Assembly”, dated March 18, 2019, addressing the overall market conditions about the business of title insurance. Interestingly, the Division and it’s advisory Title Insurance Commission have not made any recommendations to Legislators regarding need for more consumer protections, which have been desperately needed for years.


Division of Insurance gets Bad Report Card from Audit

Png Simple Failure

The Colorado Office of the State Auditor recently published their 2018 Performance Audit of the Division of Insurance regarding the regulated business of title insurance. The audit reported numerous non-compliance issues by the Division of Insurance that included a failed review process in determining whether title rates are excessive, inadequate, or unfairly discriminatory in accordance with Colorado law. This Audit, including its findings and recommendations can be viewed in its entirety at https://leg.colorado.gov/audits/title-insurance-regulation

The Division accepted the Audits recommendations and hopefully will live up to their mission statement of “Consumer Protection is Our Mission”.


Colorado Insurance Commissioners Not Enforcing State Law to Help Consumers Regarding Choices and Options about Title Insurance.

 

The Colorado Division of Insurance Commissioner has failed to properly educate and protect consumers, as well as properly regulating the business of title insurance. In fact, most if not all, of the Division’s Commissioners, for unknown reasons, have not been complying with their statutory duties as the Commissioner of Insurance, which reads as follows:

C.R.S 10-1-108 (10) It is the duty of the commissioner to encourage the dissemination to the public of general information concerning insurance by those engaged in the business of insurance, so as to work toward informed choices of insurance needs and options.

This statute includes the business of title insurance that empowers the Division’s Commissioner with the authority and duty of indirectly changing the harmful marketing practice of “Reverse Competition” that is being used by the title industry and forced upon by many real estate brokers.

Consequently, consumers are being indirectly denied access to an open and competitive market place and unable to make an informed choice for their title insurance and closing settlement services.