Consumer Advisory: Colorado Division of Insurance Issues Cease & Desist for Agricultural Contracting Services Association
Unlicensed company selling workers’ compensation and health benefit plans to employers.
DENVER (Jan. 29, 2020) – The Colorado Division of Insurance (DOI), part of the Department of Regulatory Agencies (DORA), has issued a cease and desist order against Agricultural Contracting Services Association (ACSA) and its president, Marcus Asay. The company does business as a variety of entities including, but not limited to, American Labor Alliance, Omega, Oasis Labor Association, CompOne USA, Compass Pilot, and Omnis Benefit Plan Administrators.
ACSA and its various entities are not licensed to conduct insurance business in Colorado as required by Colorado insurance law, therefore, the products they offer are not valid insurance coverage. The DOI has ordered ACSA and Mr. Asay to stop soliciting, marketing, selling and issuing workers’ compensation, death benefits, and health and wellness benefits to employers in Colorado.
In general, Colorado employers are required to provide valid workers’ compensation insurance through insurance companies that are authorized to conduct insurance business in Colorado. The policies and certificates issued by ACSA do not provide valid workers’ compensation insurance coverage through a licensed insurer as required by Colorado law. Employers who purchased workers’ compensation coverages from any of the unions or associations noted above may not have valid workers' compensation coverage as required by law.
These various entities offer benefit plans to workers at a number of employers through collective bargaining agreements between the employer and a union. ACSA falsely represents these plans as "coverage" or "benefits," but they are not compliant with state law and insurance regulation, while offering premiums for workers’ compensation benefits and other types of coverage that are well-below what would be considered competitive.
The order to cease operations in this state was effective November 14, 2019. If ACSA, Asay, their various entities, their agents, affiliates, subsidiaries, employees, contractors or authorized representatives continue to market and sell these illegal products in defiance of the DOI’s cease and desist order, they are subject to a penalty of $25,000 for each violation, and / or direct restitution to employers and other consumers.
Employers doing business with Agricultural Contracting Services Association, American Labor Alliance, Marcus Asay, Omega, Oasis Labor Association, CompOne USA, Compass Pilot, or Omnis Benefit Plan Administrators should contact the Division of Insurance at DORA_Insurance@state.co.us. Additionally, employers can check the Division of Insurance website to verify that the company providing coverage is authorized to sell insurance in Colorado, and that any agent or broker they are working with has a valid license.
Employers who want to find out more about the particular employer requirements for workers’ compensation insurance, or who want assistance in obtaining valid coverage through a licensed entity or who have any questions or issues regarding the Colorado Workers’ Compensation system, can contact the Division of Workers’ Compensation (part of the Department of Labor and Employment) at 303-318-8700 or 888-390-7936. Employers can also visit the Division of Workers’ Compensation Website for more information.
The Colorado Division of Insurance (DOI), part of the Department of Regulatory Agencies (DORA) regulates the insurance industry and assists consumers and other stakeholders with insurance issues. Visit dora.colorado.gov/insurance for more information or call 303-894-7499 / toll free 800-930-3745.
DORA is dedicated to preserving the integrity of the marketplace and is committed to promoting a fair and competitive business environment in Colorado. Consumer protection is our mission. Visit dora.colorado.gov for more information or call 303-894-7855 / toll free 1-800-886-7675.