HB 10-1164 Summary

• Allows an alleged tortfeasor to be deemed "uninsured" for uninsured motorist coverage purposes if the tortfeasor cannot be located for service of process after reasonable attempts, or if service on their insurance carrier is determined insufficient by a court.

• Requires all motor vehicle liability insurance policies issued in Colorado to include a provision designating the insurance carrier as an agent for service of process when the insured's whereabouts cannot be determined through reasonable effort.

• Defines "reasonable effort" as service at the defendant's last-known address, an address from the insurance policy, driver's license, motor vehicle registration, or any readily ascertainable successor address.

• Limits the insurance carrier's liability to policy limits when judgment or settlement is obtained through service on the carrier, but does not bar injured persons from making personal service on the defendant later to seek additional remedies.

• Effective January 1, 2011, applying to insurance policies issued on or after that date.