Marshall Fire: historical law and recovery
The Marshall Fire loss date was December 30, 2021. The current-law materials below do not by themselves establish which version governed a 2021 policy or claim. Separate laws and orders operative at the loss from later reforms, agency guidance and insurer-specific agreements.
Read the Marshall Fire case study for dated recovery records, the timeline and documented insurance findings. Historical legal applicability remains pending; check policy issue/renewal, loss and operative dates before relying on a provision.
Scope: Colorado residential property insurance. Distinguish policy coverage, claim handling, disaster measures and remedies. Match the policy issue/renewal and loss dates to the operative law.
Statutes, regulations and review status
Related source library: Colorado Statutes: Official-Source Index includes 782 selected entries with official text links. It is a broader research index, not a complete homeowners-insurance guide.
C.R.S. §10-4-110.8(9)–(10)
Policy copies must be made available within three business days of a request; a certified copy is due within 30 calendar days after a written request reaches the registered agent. The certified-copy provision includes a $50-per-day penalty and enforcement fees/costs under its conditions.
Applies when: Do not confuse ordinary requests with the registered-agent service required for the certified-copy remedy.
Edition / effective date: Official 2026 Title 10; subsection (10) amended effective August 6, 2025.
C.R.S. §10-4-110.8(3), (6), (8), (9.5)
Qualifying replacement-cost policies require offers of at least 50% extended replacement cost and 20% ordinance/law coverage; these are offers, not automatically purchased benefits. Reconstruction estimates and disclosures must consider specified factors, subject to exceptions.
Applies when: Read the dwelling definition and eligibility conditions. Subsection (9.5) addresses policies issued/renewed on/after January 1, 2025.
Edition / effective date: Official 2026 Title 10; subsection (8) revision effective January 1, 2025.
C.R.S. §10-4-110.8(3)(a), (6)(b), (13)(c), (13)(e)
Qualifying dwelling replacement-cost policies include at least 12 months of ALE with an offer of 24 months. A qualifying governor-declared wildfire total loss has at least 24 months plus specified extension opportunities and a separate documented-loss-of-use payment provision.
Applies when: The wildfire rules require the statutory owner-occupied-residence total loss and governor-declared wildfire disaster; do not apply them to every hail or partial loss.
Edition / effective date: Official 2026 Title 10; wildfire provisions added effective August 10, 2022.
C.R.S. §10-4-110.8(11), (14)(a)–(c)
For a furnished owner-occupied primary-residence total contents loss, the insurer must offer at least 30% without an inventory. Qualifying declared-wildfire total contents losses receive an offer of at least 65%. Inventory and depreciation periods have distinct triggers.
Applies when: Subsection (11)(c)(I): at least 365 days after the total-loss claim for inventory; (11)(c)(II): at least 365 days after ALE expiration to replace property for recoverable depreciation. Additional wildfire rules may be more protective.
Edition / effective date: Official 2026 Title 10; ordinary provisions effective January 1, 2014; wildfire provisions effective August 10, 2022.
C.R.S. §10-4-110.8(13)(a)–(h), (14)(d)–(e)
Qualified wildfire total-loss protections address relocation, replacement receipts, living expenses, contents replacement, other-structure funds, claim contacts and adjuster changes. Separate covered debris and landscaping payment duties appear in subsection (14).
Applies when: Requires owner-occupied-residence total-loss facts and a wildfire disaster declared by the governor; check the particular subsection and coverage.
Edition / effective date: Official 2026 Title 10; provisions added effective August 10, 2022.
C.R.S. §10-4-110.8(12)
A homeowner-policy suit clause may not shorten the otherwise applicable statutory limitation period; the statute includes historical non-revival limits.
Applies when: Identify the cause of action, accrual, applicable statute and tolling separately; this section does not establish one universal deadline.
Edition / effective date: Official 2026 Title 10; subsection added effective May 10, 2013; issuance/renewal restriction from January 1, 2014.
C.R.S. §10-4-110.8(5)
A qualifying unit owner may submit a claim under an association policy when statutory notice, opportunity-to-respond/inspect and association-responsibility conditions are met.
Applies when: Written approach to the board/managing agent and at least 15 days to respond matter; not every unit loss is the association’s responsibility.
Edition / effective date: Official 2026 Title 10; subsection (5) added effective January 1, 2006.
C.R.S. §10-3-1104(1)(h)
The unfair-claim-practices provisions address misrepresentation, communications, investigation and settlement conduct.
Applies when: Regulatory standards are separate from the elements of a private first-party benefits action.
Edition / effective date: Official 2026 Title 10; direct text and Firecrawl source read.
C.R.S. §§10-3-1115(1)–(2), 10-3-1116(1), (4)–(6)
Covered first-party benefits may not be delayed or denied without a reasonable basis. An eligible claimant may seek the statutory civil remedies, including fees, costs and two times the covered benefit; the statute also addresses duplicative recovery and frivolous actions.
Applies when: Coverage, first-party claimant status, exclusions and proof of unreasonable conduct matter. A denied claim does not automatically satisfy these requirements.
Edition / effective date: Official 2026 Title 10; initial statutes effective August 5, 2008; later amendments shown in the source.
3 CCR 702-5, Regulation 5-1-14 §§3, 4(A)(1)–(8), 4(B)(3)–(5), 7–8
The regulation creates a conditional 60-day decision/payment framework after a valid and complete claim. It addresses policy compliance, reasonable disputes, good-faith offers, evidence burdens and catastrophe deviations, plus continuing investigation notices.
Applies when: Not 60 days from every first notice of loss. Section 4 defines completion/dispute conditions. Administrative penalties are not an automatic private award.
Edition / effective date: Current compilation listed effective August 19, 2026; this regulation’s own effective date remains September 1, 2012.
3 CCR 702-5, Regulation 5-1-17 §§3–5, 8
Fire-insurance availability rules address specified wildfire-disaster areas, threatened areas, unresolved claims and reasonable mitigation requirements.
Applies when: Federally designated disaster and immediately-threatened-area definitions matter; not a general ban on every nonrenewal.
Edition / effective date: Current compilation effective August 19, 2026; regulation effective September 14, 2023.
Verification and remaining limits
Source text checked October 21, 2026. Citations link to the issuer’s text or official regulatory publisher. The linked edition and loss/policy dates must be matched; this is a source verification, not a case-specific legal opinion.
The official 2026 Title 10 text was read. The Secretary of State version page listed the current compilation effective August 19, 2026; future-dated December 30, 2026 material was not treated as already operative. Check official regulation version history.
Court decisions can affect interpretation, appraisal, remedies and tolling. A source scan does not replace a citator or guarantee that all relevant case law is included.
Return to the 23-guide registry
Case-law notes and scope
State Farm Mutual Automobile Insurance Co. v. Fisher, 2018 CO39, ¶¶24–27, 418 P.3d501 — Interpreting §10-3-1115 in a UIM case, the court held an insurer may not unreasonably withhold undisputed covered benefits merely because other parts of the claim remain disputed.
Scope: The underlying case involved auto UIM benefits. Its statutory reasoning is relevant to first-party disputes, but coverage and whether an amount is actually undisputed must be established in the homeowner claim.
Owners Insurance Co. v. Dakota Station II Condominium Association, 2019 CO65, ¶¶38–50, 443 P.3d47 — The court interpreted the policy requirement of an impartial appraiser to prohibit advocacy for a party while allowing explanation and defense of a valuation method. It did not find the fee cap disqualifying as a matter of law on the specific facts.
Scope: Contract wording and actual conduct matter. Do not state that every contingency arrangement is valid or that an appraiser may never defend an estimate.
These links reproduce court-authored opinions on a third-party mirror. The publisher’s summary is not relied on. Reading an opinion does not verify all later treatment.