OOIDA suggests lower limit in Colorado’s occupational accident proposal

November 8, 2019

Tyson Fisher

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The Owner-Operator Independent Drivers Association has weighed in on a proposal in Colorado that would set occupational accident coverage limits exceptionally high.

On Nov. 1, OOIDA sent informal comments to Colorado Division of Insurance Commissioner Michael Conway. The Colorado DOI has proposed regulation that would set medical expense limits for occupational accident policies to $5 million.

In its letter, OOIDA argues that a $5 million limit is not available in the marketplace. Furthermore, there is “no realistic expectation such a limit would ever be available, and even if it was, the cost would likely be too high for those seeking such coverage,” the Association claims.

Although DOI does have the authority to set a limit, the law requires occupation accident coverage to be similar to workers’ compensation. OOIDA is not arguing the authority to set a limit. Rather, the Association is arguing DOI has the “authority to set a limit more consistent with what is currently available in the marketplace.”

According to the letter, 48 other states have occupational accident medical expense limits ranging from $500,000 to $2 million. The most popular limit is right in the middle at $1 million.

“While we don’t expect DOI to accommodate (or even agree with) some of these lower limits, the agency’s existing proposal is unrealistic because it merely authorizes something that doesn’t actually exist,” OOIDA states.

OOIDA suggests Colorado’s Division of Insurance considers an occupational accident medical benefit limit of no more than $2 million.

To view the full letter, click here.

Last year, OOIDA supported a Colorado law that would make sure occupational accident coverage is available to independent truckers. In May 2018, Gov. John Hickenlooper signed a bill that changes “private insurance policy” to “occupational accident coverage insurance policy.”

That law went into effect on Aug. 8, 2018.

Before the bill was signed, Colorado required independent truckers to have workers’ compensation or private insurance coverage with similar coverage.