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Colorado Statutes, Title 10

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Title 10, Insurance

0 chapters · 1,275 sections in this title.

All chapters in Title 101,275 Ch 16287 Ch 3271 Ch 4209 Ch 7100 Ch 271 Ch 169 Ch 1442 Ch 1128 Ch 1525 Ch 524 Ch 1223 Ch 620 Ch 1920 Ch 2020

271 sections·Filtered byTitle 10✕Ch 3✕

Colo. Rev. Stat. § 10-3-1716 Merger or consolidation effective with division
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(1) To facilitate the merger or consolidation of any resulting insurer with and into another company simultaneously with the effectiveness of a division authorized by this part 17, a dividing insurer, including its officers, directors, and shareholders, may: (a) Adopt and execute…
Colo. Rev. Stat. § 10-3-201 Cash capital - guaranty fund - deposit
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(1) (a) (I) to (IV) Repealed. (V) No insurance company, issued a certificate of authority on or after July 1, 1995, shall be permitted to do any business in this state, unless, in addition to the other requirements of law, it possesses the minimum capital or guaranty fund and an …
Colo. Rev. Stat. § 10-3-202 Surplus ascertained - disposition of
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Surplus of domestic insurance companies shall be ascertained by offsetting as a liability against the company's admitted assets the par value of its outstanding capital stock, if any, its reserve liability, and its current obligations of every kind. The excess of said admitted as…
Colo. Rev. Stat. § 10-3-203 Additional deposits - withdrawals

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Any domestic insurance company depositing its insurance reserves with the commissioner under the optional reserve deposit law, section 10-7-101, at its option and in addition to its insurance reserves deposit, may also deposit with the commissioner approved securities not less in…

Colo. Rev. Stat. § 10-3-204 Payment of dividends

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(1) The amount of dividend payments by any domestic insurance company is wholly within the discretion of its directors or of the duly constituted executive committee thereof. No dividend shall be paid except from the company's surplus. (2) It is unlawful for the directors, truste…

Colo. Rev. Stat. § 10-3-205 Manner of paying surplus

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Every policyholder on all participating policies issued shall be permitted at the time the first dividend is declared to select from among the options set forth in the policy the manner and method of the payment of the surplus to be annually apportioned to his policy. Source: L. …

Colo. Rev. Stat. § 10-3-206 Security deposits - certificates

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(1) The commissioner shall receive and hold on deposit, in the manner provided in this law, the securities of domestic companies that are deposited by any such company under the provisions of this title (except article 15) and article 14 of title 24, C.R.S., for the purpose of se…

Colo. Rev. Stat. § 10-3-207 Fees paid by insurance companies

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(1) Every entity regulated by the division in this state shall pay the following fees to the division: (a) For investigating and processing an initial application for authorization or licensure as a foreign or domestic insurance company to do business in this state, a nonrefundab…

Colo. Rev. Stat. § 10-3-208 Financial statements

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(1) All insurance companies doing business in this state, unless otherwise provided in this title (except article 15) and article 14 of title 24, C.R.S., shall make and file with the commissioner annually, on or before the first day of March in each year, a statement under oath, …

Colo. Rev. Stat. § 10-3-209 Tax on premiums collected - exemptions - penalties - filing system - division to contract with third parties - rules - repeal

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(1) (a) All insurance companies writing business in this state, including, without limitation, those defined in section 10-1-102 (6), except a disqualified insurance company, shall pay to the division of insurance a tax on the gross amount of all premiums collected or contracted …

Colo. Rev. Stat. § 10-3-210 Deposit and safekeeping of securities

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(1) (a) The commissioner shall give receipts for all securities deposited with the commissioner, as required or permitted by law, to the company depositing them. (b) If the company depositing securities in accordance with paragraph (a) of this subsection (1) is adjudged insolvent…

Colo. Rev. Stat. § 10-3-211 Deposit only admitted assets

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(1) Deposits made with the commissioner as permitted or required by law shall be only those admitted assets of the company that are securities eligible for the purpose of a deposit, as provided in section 10-3-235 (1) or (2). The company may deposit, withdraw, exchange, or substi…

Colo. Rev. Stat. § 10-3-212 Insolvency or impairment of stock insurance company

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A stock insurance company is deemed insolvent when its admitted assets are less than all of its liabilities, excluding from such liabilities the aggregate amount of its outstanding capital stock, and is deemed impaired when its admitted assets are less than its liabilities, inclu…

Colo. Rev. Stat. § 10-3-213 Investments eligible as admitted assets

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(1) Domestic insurance companies may invest their funds in the categories of assets described in sections 10-3-215 to 10-3-230 and 10-3-242. Every such investment shall be an admitted asset of the company; except that, if the section describing a category of asset contains a quan…

Colo. Rev. Stat. § 10-3-214 Quantitative investment limitations - manner of applying

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In applying the investment limitations set forth in this part 2, which are expressed as percentages of a company's admitted assets, there shall be used as a base the total of all assets of the company that would be admitted under this title (except article 15) and article 14 of t…

Colo. Rev. Stat. § 10-3-215 Evidences of indebtedness

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(1) A domestic insurance company may invest in lawfully issued interest-bearing evidences of indebtedness, including interest-bearing bonds, bonds that provide for imputed interest payable at maturity, revenue bonds, debentures, and other instruments evidencing indebtedness for t…

Colo. Rev. Stat. § 10-3-215.5 Investments in medium- and lower-grade obligations

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(1) As used in this section, unless the context otherwise requires: (a) "Aggregate amount of medium-grade and lower-grade obligations" means the aggregate statutory statement value of medium-grade and lower-grade obligations. (a.3) "Domestic obligation" means an obligation descri…

Colo. Rev. Stat. § 10-3-216 Mortgage loans

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(1) A domestic insurance company may acquire, either directly or indirectly, obligations secured by mortgages on real estate located in the United States or Canada, but the company shall not acquire a mortgage loan that is not secured by a first lien unless the company is the hol…

Colo. Rev. Stat. § 10-3-217 Federally guaranteed or insured real estate loans

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Domestic insurance companies may invest in obligations for the payment of money secured by real estate mortgages or deeds of trust which are either guaranteed or insured by the United States, any state, territory, or district thereof, or by any agency, instrumentality, or politic…

Colo. Rev. Stat. § 10-3-218 Real estate for use in company's business

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Domestic insurance companies may invest in real estate for the accommodation of the company's business, but the aggregate investments by a company that may be admitted assets under this section shall not exceed fifteen percent of the company's admitted assets unless the commissio…

Colo. Rev. Stat. § 10-3-219 Real estate acquired in satisfaction of indebtedness

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(1) The following shall be admitted assets: (a) Such real estate as has been mortgaged to the company in good faith, by way of security for loans or for money due it; (b) Such real estate as is conveyed to the company in good faith in satisfaction of debts previously contracted i…

Colo. Rev. Stat. § 10-3-220 Real estate for production of income - definition

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(1) A domestic insurance company may invest in real estate for the production of income, subject to the following provisions: (a) The aggregate investments by a company which may be admitted assets under this section shall not exceed ten percent of the company's admitted assets. …

Colo. Rev. Stat. § 10-3-225 Transportation equipment interests

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Domestic insurance companies may invest in equipment trust obligations or certificates which are adequately secured, or in other adequately secured instruments evidencing an interest in transportation equipment wholly or in part within the United States, and the right to receive …

Colo. Rev. Stat. § 10-3-226 Equity interests - definition

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(1) A domestic insurance company may invest in equity interests in business entities created under the laws of the United States, of a state of the United States or the District of Columbia, or of Canada or any province of Canada, but the aggregate value of all equity interests t…

Colo. Rev. Stat. § 10-3-227 Stock for purpose of reinsurance, consolidation, or merger

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(1) Domestic insurance companies may invest in stock in any other insurance company authorized to do a similar business to that of the investing company, subject to the following provisions: (a) No greater amount shall be applied to the acquisition of such stock than the investin…

Colo. Rev. Stat. § 10-3-228 Collateral loans

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(1) Domestic insurance companies may invest in collateral loans secured by the pledge of any one or more investments allowed for collateral loans, as provided by nationally recognized insurance statutory accounting principles, subject to the following provisions: (a) The collater…

Colo. Rev. Stat. § 10-3-228.5 Securities lending - repurchase - reverse repurchase - dollar roll transactions

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(1) For the purposes of this section, unless the context otherwise requires: (a) "Dollar roll transaction" means two simultaneous transactions with settlement dates no more than ninety-six days apart so that in one transaction an insurer sells to a business entity and in the othe…

Colo. Rev. Stat. § 10-3-229 Investments for purposes of compliance in other jurisdictions

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Admitted assets shall consist of such other securities and investments as may be necessary to comply with the laws or the departmental rules of other states or nations in which the company may do business. Source: L. 69: p. 497, § 5. C.R.S. 1963: § 72-2-36.

Colo. Rev. Stat. § 10-3-230 Additional investments

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(1) A domestic insurance company may invest in any additional investments, except items specifically defined as nonadmitted assets in this title 10, other than article 15 of this title 10, and article 14 of title 24, without regard to any limitation, condition, restriction, or ex…

Colo. Rev. Stat. § 10-3-231 Valuation of investments

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(1) (a) Subject to the provisions of paragraphs (b), (c), and (d) of this subsection (1), all obligations having a fixed term and rate may, if not in default as to principal or interest, be valued as follows: If purchased at par, at the par value; if purchased above or below par,…

Colo. Rev. Stat. § 10-3-232 Liens for certain purposes permitted

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For the purposes of section 10-3-216, the existence of any lien existing by law, for the payment of any bonds, indebtedness, or assessments of, or created by a levy of, any special improvement district, any tunnel district, any conservation district, any irrigation district, any …

Colo. Rev. Stat. § 10-3-233 Disposition of certain real estate

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Any parcel of real estate qualifying as an admitted asset under section 10-3-218 or 10-3-219 at the time of its acquisition by the company and which has not been transferred to qualification as an admitted asset under any other section of this part 2 shall be sold within five yea…

Colo. Rev. Stat. § 10-3-234 Approval and record of investments

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(1) No investment, loan, or sale thereof shall, except as to loans on a life insurance company's policies or annuity and supplementary contracts, be made by any domestic insurance company: (a) Without the advance approval of its board of directors or of a committee appointed by s…

Colo. Rev. Stat. § 10-3-235 Certain admitted assets deemed securities for deposit purposes

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(1) For purposes of the minimum capital or guaranty fund deposit required by section 10-3-201, the following admitted assets shall be deemed to be securities eligible for such deposit: Any asset qualified as an admitted asset under sections 10-3-215 to 10-3-217 and 10-3-225. (2) …

Colo. Rev. Stat. § 10-3-236 Assets acquired through merger, consolidation, or reinsurance

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Any investments acquired through merger, consolidation, or reinsurance that are not admitted assets under this title 10, other than article 15 of this title 10, and article 14 of title 24 are not deemed admitted assets by reason of their acquisition through merger, consolidation,…

Colo. Rev. Stat. § 10-3-237 Assets acquired under prior law

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(1) Notwithstanding any condition, restriction, or exclusion set forth in sections 10-3-215 to 10-3-229, any asset held by a domestic insurance company on May 31, 1969, that met the requirements of the law in effect immediately prior to that date for an investment of the company'…

Colo. Rev. Stat. § 10-3-238 Refunds

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Whenever it appears to the satisfaction of the commissioner that, because of some mistake of fact, error in calculation, or erroneous interpretation of a statute of this or any other state, any insurer or other person engaged in the business of insurance in this state has paid to…

Colo. Rev. Stat. § 10-3-239 Subordinated indebtedness

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Domestic insurance companies may borrow and thereby assume a liability for the repayment of a sum of money upon a written agreement that the loan or advance with interest shall be repaid only out of surplus of the company in excess of such minimum surplus as is stipulated in and …

Colo. Rev. Stat. § 10-3-240 Approval of investments

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(1) Except for investments made under sections 10-3-802 and 10-7-402, a domestic insurance company shall not, directly or indirectly, invest more than two percent of the company's admitted assets in stocks, bonds, debentures, notes, or other securities of its affiliates, as defin…

Colo. Rev. Stat. § 10-3-242 Qualified money market funds - definition

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(1) As used in this section, "qualified money market fund" means a mutual fund that complies with 17 CFR 270.2a-7, as amended, and that is registered under the federal "Investment Company Act of 1940", 15 U.S.C. sec. 80a-1 et seq., as amended. A domestic insurance company may inv…

Colo. Rev. Stat. § 10-3-243 Derivative transactions - definitions - restrictions - rules

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(1) For the purposes of this section, unless the context otherwise requires: (a) "Counter-party exposure amount" means: (I) The net amount of credit risk attributable to a derivative instrument entered into with a business entity other than through a qualified exchange or qualifi…

Colo. Rev. Stat. § 10-3-244 Climate risk disclosure - insurer participation - rules - reporting - definition

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(1) The commissioner shall adopt rules requiring that, beginning in 2024, an insurer issued a certificate of authority to transact business pursuant to part 1 of this article 3 that reports more than one hundred million dollars on its annual NAIC schedule T filing, or such other …

Colo. Rev. Stat. § 10-3-301 Definitions

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As used in this part 3, unless the context otherwise requires: (1) "Alien insurer" means any insurer incorporated or organized under the laws of any country other than the United States. (2) "Domestic insurer" means any insurer incorporated or organized under the laws of this sta…

Colo. Rev. Stat. § 10-3-302 Deposits required - when

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No foreign or alien insurer authorized to transact business in this state, except a life insurance company, shall do such business unless it deposits and continuously maintains with the commissioner, or with an official of some other state of the United States designated by law t…

Colo. Rev. Stat. § 10-3-303 Deposits with commissioner

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In the event any domestic insurer or alien insurer using this state as a state of entry into the United States is required, pursuant to the laws of any other state, country, province, district, or territory, to make a deposit differing in amount or character from the deposit requ…

Colo. Rev. Stat. § 10-3-304 Depositaries - responsibility

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Upon request of the insurer, the commissioner may designate any solvent trust company or other solvent financial institution having trust powers domiciled in this state as the commissioner's depositary to receive and hold any such deposit. Any such deposit so held shall be at the…

Colo. Rev. Stat. § 10-3-305 Rights of depositors

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(1) So long as the insurer remains solvent and complies with this part 3, it may: (a) Demand, receive, sue for, and recover the income from securities or cash deposited in accordance with this part 3; (b) Exchange and substitute for the deposited cash or securities, or any part t…

Colo. Rev. Stat. § 10-3-306 Release of deposits

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(1) Any deposit made in this state under this part 3 shall be released and returned: (a) To the insurer upon extinguishment by reinsurance or otherwise of all liability of the insurer for the security of which the deposit is held; or (b) To the insurer to the extent such deposit …

Colo. Rev. Stat. § 10-3-307 Commissioner order release

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No such release shall be made except upon application to and the written order of the commissioner. The commissioner shall have no personal liability for any such release of any such deposit or part thereof so made by him in good faith. Source: L. 53: p. 362, § 7. CRS 53: § 72-16…

Colo. Rev. Stat. § 10-3-401 Legislative declaration

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(1) The purpose of this part 4 is to make available to the commissioner supplemental remedial authority in instances of insurance company delinquencies of various kinds and degrees which demand regulation and control by the commissioner in order to effectuate his responsibility t…