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Colorado Statutes, Title 10

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Colorado/Statutes

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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. § 10-3-538 Disputed claims
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(1) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or the claimant's attorney by first-class mail at the address shown in the proof of claim. Within sixty days after the mailing of the notice, the c…
Colo. Rev. Stat. § 10-3-539 Claims of surety
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Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, such other person may do so in the creditor's name and shall be subrogated to the rights of the creditor, whether the claim…
Colo. Rev. Stat. § 10-3-540 Secured creditors' claims
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(1) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct: (a) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditor; or (b) …
Colo. Rev. Stat. § 10-3-540.5 Qualified financial contracts - definitions

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(1) Notwithstanding any other provision of this section, including any other provision of this section permitting the modification of contracts, or other law of a state, a person shall not be stayed or prohibited from exercising: (a) A contractual right to cause the termination, …

Colo. Rev. Stat. § 10-3-541 Priority of distribution - definitions

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(1) The priority of distribution of claims from the insurer's estate shall be in accordance with the order in which each class of claims is set forth in this section. Every claim in each class shall be paid in full, or adequate funds shall be retained for such payment, before the…

Colo. Rev. Stat. § 10-3-542 Liquidator's recommendations to the court

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(1) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as deemed necessary. The liquidator may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except wh…

Colo. Rev. Stat. § 10-3-543 Distribution of assets

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Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, in…

Colo. Rev. Stat. § 10-3-544 Unclaimed and withheld funds

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(1) All unclaimed funds subject to distribution remaining in the liquidator's hands when the liquidator is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member, or other person who is unknown or cannot be found, shall …

Colo. Rev. Stat. § 10-3-545 Termination of proceedings

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(1) When all assets justifying the expense of collection and distribution have been collected and distributed under this part 5, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any …

Colo. Rev. Stat. § 10-3-546 Reopening liquidation

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After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the district court in and for the city and county of Denver to reopen the proceedings for good cause, including the discovery of…

Colo. Rev. Stat. § 10-3-547 Disposition of records during and after termination of liquidation

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Whenever it appears to the commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, the commissioner may recommend to the court and the court shall direct what records should be retained for future reference and what sh…

Colo. Rev. Stat. § 10-3-548 External audit of receiver's books

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The district court in and for the city and county of Denver may, as it deems desirable, cause audits to be made of the books of the commissioner relating to any receivership established under this part 5, and a report of each such audit shall be filed with the commissioner and wi…

Colo. Rev. Stat. § 10-3-549 Conservation of property of foreign or alien insurers found in this state

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(1) If a domiciliary liquidator has not been appointed, the commissioner may apply to the district court in and for the city and county of Denver by verified petition for an order directing the commissioner to act as conservator to conserve the property of an alien insurer not do…

Colo. Rev. Stat. § 10-3-550 Liquidation of property of foreign or alien insurers found in this state

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(1) If no domiciliary receiver has been appointed, the commissioner may apply to the district court in and for the city and county of Denver by verified petition for an order directing the commissioner to liquidate the assets found in this state of a foreign insurer or an alien i…

Colo. Rev. Stat. § 10-3-551 Domiciliary liquidators in other states

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(1) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall be vested, except as to special deposits and security on secured claims under section 10-3-552 (3), by operation of law with the title to all of the assets, property, contracts, rights of action, a…

Colo. Rev. Stat. § 10-3-552 Ancillary formal proceedings

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(1) If a domiciliary liquidator has been appointed for an insurer not domiciled in this state, the commissioner may file a petition with the district court in and for the city and county of Denver requesting appointment as ancillary receiver in this state: (a) If the commissioner…

Colo. Rev. Stat. § 10-3-553 Ancillary summary proceedings

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The commissioner, in the commissioner's sole discretion, may institute proceedings under sections 10-3-509 and 10-3-510 at the request of the insurance department of the domiciliary state of any foreign or alien insurer having property located in this state. Source: L. 92: Entire…

Colo. Rev. Stat. § 10-3-554 Claims of nonresidents against insurers domiciled in this state

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(1) In a liquidation proceeding commenced in this state against an insurer domiciled in this state, claimants residing in foreign countries or in states that are not reciprocal states must file claims in this state, and claimants residing in reciprocal states may file claims eith…

Colo. Rev. Stat. § 10-3-555 Claims of residents against insurers domiciled in reciprocal states

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(1) Promptly after the appointment of the commissioner as ancillary receiver for an insurer not domiciled in this state, the commissioner shall determine whether there are claimants residing in this state who are not protected by guaranty funds and, if so, whether the protection …

Colo. Rev. Stat. § 10-3-556 Attachment, garnishment, and levy of execution

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During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer …

Colo. Rev. Stat. § 10-3-557 Interstate priorities

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(1) In a liquidation proceeding in this state involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal p…

Colo. Rev. Stat. § 10-3-558 Subordination of claims for noncooperation

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If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within such receiver's control other than special deposits, diminished only by the expenses of the ancillary …

Colo. Rev. Stat. § 10-3-559 Severability

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If any provision of this part 5 or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of this part 5 and the application of such provision to other persons or circumstances shall not be affected thereby. Source: L. 92: Entire…

Colo. Rev. Stat. § 10-3-601 Short title

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This part 6 shall be known and may be cited as the "Colorado Exchange of Insurance Securities Act". Source: L. 69: p. 529, § 1. C.R.S. 1963: § 72-27-1.

Colo. Rev. Stat. § 10-3-601.5 Definitions

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As used in this part 6, unless the context otherwise requires: (1) "Acquiring corporation" means: (a) Any stock insurance company organized under the laws of this state, other than the domestic company whose shareholders are to exchange their stock under a plan of exchange, as pr…

Colo. Rev. Stat. § 10-3-602 Exchange of securities

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(1) A domestic company may adopt a plan of exchange providing for the exchange by its shareholders of their stock in the domestic company for: (a) Shares of stock issued by an acquiring corporation; or (b) Other securities issued by an acquiring corporation; or (c) Cash; or (d) O…

Colo. Rev. Stat. § 10-3-604 Procedure for exchange

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(1) Any domestic company may adopt a plan of exchange with any acquiring corporation providing for the exchange of the outstanding stock of the domestic company for shares of stock or other securities issued by the acquiring corporation, or cash, or other consideration, or any co…

Colo. Rev. Stat. § 10-3-605 Filing plan of exchange

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Not earlier than thirty-one days after the date of the meeting of shareholders of the domestic company at which the plan of exchange was approved by such shareholders, a certificate setting forth the plan of exchange, the manner of the approval thereof by the directors of the acq…

Colo. Rev. Stat. § 10-3-606 Effect of exchange

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(1) Upon the plan of exchange becoming effective, the exchange provided for therein shall be deemed to have been consummated, each shareholder of the domestic company shall cease to be a shareholder of such company, the ownership of all shares of the issued and outstanding stock …

Colo. Rev. Stat. § 10-3-607 Authorized insurance business and regulatory authority

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Nothing contained in this part 6 shall be construed to authorize any insurance company to engage in any kind of insurance business not authorized by its articles of incorporation or to authorize any acquiring corporation which is not an insurance company to engage directly in the…

Colo. Rev. Stat. § 10-3-608 Domestic company and acquiring corporation separate and distinct entities

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The domestic company and the acquiring corporation shall in all respects be regarded in law as separate and distinct corporations, with neither of such corporations having any liability to the creditors, policyholders, if any, or shareholders of the other, any acts or omissions o…

Colo. Rev. Stat. § 10-3-609 Examination

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After any acquiring corporation becomes the owner of all the outstanding shares of a domestic company pursuant to a plan of exchange consummated under the provisions of this part 6, the commissioner may, in connection with any examination of the domestic company, examine all reco…

Colo. Rev. Stat. § 10-3-610 Application of this part 6

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Nothing contained in this part 6 shall be construed to prohibit the consummation of a plan of exchange of the kind described in section 10-3-602, without compliance with the provisions of this part 6, and, if any such plan of exchange is consummated other than in compliance with …

Colo. Rev. Stat. § 10-3-701 Purpose

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The purpose of this part 7 is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public generally. The general assembly hereby declares its intent is to ensure adequate regulation of insurers and reinsurers and adequate protection for thos…

Colo. Rev. Stat. § 10-3-702 Credit allowed to a domestic ceding insurer - rules - definitions

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(1) Credit for reinsurance shall be allowed to a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of subsection (2), (3), (4), (5), (6), (6.5), or (7) of this section. Credit sh…

Colo. Rev. Stat. § 10-3-703 Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of section 10-3-702

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(1) An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of section 10-3-702 shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer. The reduction must be in t…

Colo. Rev. Stat. § 10-3-704 Qualified United States financial institutions

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(1) For purposes of section 10-3-703 (1)(c), a "qualified United States financial institution" means an institution that: (a) Is organized or, in the case of a United States office of a foreign banking organization, licensed, under the laws of the United States or any state of th…

Colo. Rev. Stat. § 10-3-705 Rules - definitions

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(1) The commissioner may adopt rules implementing this part 7. (2) (a) The commissioner may adopt rules applicable to reinsurance arrangements described in this subsection (2)(a). Rules adopted pursuant to this subsection (2) must apply only to reinsurance relating to: (I) Life i…

Colo. Rev. Stat. § 10-3-706 Reinsurance agreements affected

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This part 7 applies to all cessions after January 1, 2015, under reinsurance agreements that have an inception, anniversary, or renewal date not less than six months after January 1, 2015. Source: L. 2014: Entire part R&RE, (HB 14-1315), ch. 295, p. 1212, § 1, effective January 1…

Colo. Rev. Stat. § 10-3-801 Definitions

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As used in this part 8, unless the context otherwise requires: (1) An "affiliate" of, or person "affiliated" with, a specific person is a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the perso…

Colo. Rev. Stat. § 10-3-802 Subsidiaries of insurers

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(1) A domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged in the following kinds of business: (a) Any kind of insurance business authorized by the jurisdiction in which it is incorporated; (b) Act…

Colo. Rev. Stat. § 10-3-803 Acquisition of control of or merger with domestic insurer - definitions

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(1) (a) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if, aft…

Colo. Rev. Stat. § 10-3-803.5 Acquisitions involving insurers not otherwise covered - definitions

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(1) As used in this section, unless the context otherwise requires: (a) "Acquisition" means an agreement, arrangement, or activity the consummation of which results in a person acquiring directly or indirectly the control of another person, and includes the acquisition of voting …

Colo. Rev. Stat. § 10-3-804 Registration of insurers - rules - group capital calculation - liquidity stress test - exemptions

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(1) (a) Every insurer that is authorized to do business in this state and that is a member of an insurance holding company system shall register with the commissioner; except that registration is not required for a foreign insurer that is subject to registration requirements and …

Colo. Rev. Stat. § 10-3-805 Standards and management of an insurer within an insurance holding company system - rules

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(1) Transactions within an insurance holding company system. (a) Transactions within an insurance holding company system to which an insurer subject to registration is a party are subject to the following standards: (I) The terms must be fair and reasonable; (II) Agreements for c…

Colo. Rev. Stat. § 10-3-806 Examination

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(1) Subject to the limitation contained in this section and in addition to the powers that the commissioner has under this title relating to the examination of insurers, the commissioner may examine any insurer registered under section 10-3-804 and its affiliates to ascertain the…

Colo. Rev. Stat. § 10-3-807 Supervisory colleges

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(1) With respect to any insurer registered under section 10-3-804, and in accordance with subsection (3) of this section, the commissioner may participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international oper…

Colo. Rev. Stat. § 10-3-807.5 Group-wide supervision of internationally active insurance groups - information collection - cooperation - rules

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(1) (a) The commissioner may act as the group-wide supervisor for any internationally active insurance group in accordance with this section. However, the commissioner, in cooperation with other state, federal, and international regulatory agencies, may designate or acknowledge a…

Colo. Rev. Stat. § 10-3-808 Confidential treatment

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(1) (a) Documents, materials, or other information in the possession or control of the division that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 10-3-806 and all information reporte…

Colo. Rev. Stat. § 10-3-809 Rules

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The commissioner may, upon notice and opportunity for all interested persons to be heard, issue such rules and orders as are necessary to carry out this part 8. Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1350, § 2, effective July 1.