Key Takeaways

  • Colorado follows a modified comparative negligence system with 50% bar for liability claims
  • Joint and several liability applies to economic damages in Colorado
  • Commercial general liability policies must comply with Colorado filing requirements
  • Professional liability requirements vary by profession in Colorado
  • Colorado has specific requirements for pollution liability disclosure
Last updated: January 2026

Colorado General Liability Insurance

Colorado has specific requirements for general liability insurance that agents must understand.

Modified Comparative Negligence

Colorado uses a modified comparative negligence system with 50% bar:

How It Works

  • Fault is allocated among all parties
  • Damages reduced by percentage of fault
  • 50% bar rule: Cannot recover if 50% or more at fault
  • Different from pure comparative negligence

Joint and Several Liability

Colorado applies joint and several liability in certain cases:

Damage TypeLiability Rule
Economic DamagesJoint and several may apply
Non-Economic DamagesPro rata based on fault

Economic vs. Non-Economic Damages

TypeExamples
EconomicMedical bills, lost wages, property damage
Non-EconomicPain and suffering, emotional distress

Commercial General Liability (CGL)

Colorado CGL policies must comply with state requirements:

Required Elements

  • Occurrence vs. claims-made coverage clearly disclosed
  • Coverage territory defined
  • Limits per occurrence and aggregate
  • Defense costs inclusion/exclusion
  • Pollution exclusion with disclosure

Rate Regulation

Under Colorado's file-and-use system:

  • Rates filed with DOI
  • Can be used upon filing
  • DOI can disapprove if excessive, inadequate, or discriminatory

Professional Liability

Colorado requires or regulates professional liability for various professions:

Professional Requirements

ProfessionRequirement
AttorneysDisclosure if no coverage (varies)
ArchitectsE&O may be required for certain contracts
EngineersE&O may be required for certain contracts
Medical ProfessionalsMalpractice requirements apply
Insurance ProducersE&O recommended

Healthcare Professional Liability

Colorado has specific requirements for medical malpractice:

  • Certificate of review requirements for lawsuits
  • Damage caps (with constitutional considerations)
  • Statute of limitations provisions

Pollution Liability

Colorado has specific pollution liability considerations:

Disclosure Requirements

  • Pollution exclusion must be disclosed
  • Environmental impairment liability options explained
  • Underground storage tank coverage requirements
  • Cleanup cost coverage options

Colorado Environmental Laws

  • Federal CERCLA applies
  • Colorado hazardous waste laws
  • Site cleanup requirements
  • Disclosure requirements for property transactions

Damages in Colorado

Punitive Damages

  • May be available in cases of willful and wanton conduct
  • Generally NOT insurable in Colorado (public policy)
  • Exceptions may exist for vicarious liability
  • Defense costs may be covered

Caps on Damages

Colorado has certain limitations on damages:

  • Non-economic damage caps in certain cases
  • Subject to constitutional challenges
  • Varies by type of claim
Test Your Knowledge

What is the key feature of Colorado's modified comparative negligence system?

A
B
C
D
Test Your Knowledge

In Colorado, are punitive damages generally insurable?

A
B
C
D