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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

1,275 sections·Filtered byTitle 10✕

Colo. Rev. Stat. § 10-3-1306 Unfair and deceptive acts
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A violation of or noncompliance with any provision of this part 13 shall be an unfair method of competition and unfair or deceptive act or practice in the business of insurance subject to the provisions of part 11 of this article. Source: L. 89: Entire part added, p. 451, § 1, ef…
Colo. Rev. Stat. § 10-3-1307 Liability
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Nothing in this part 13 shall affect either rights, defenses, or liabilities of parties otherwise available at law regarding damages or injuries arising from the use of replacement crash parts. Source: L. 89: Entire part added, p. 451, § 1, effective July 1.
Colo. Rev. Stat. § 10-3-131 Acts of producers - responsibility of insurer - definitions
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(1) An insurer authorized to conduct business in this state, who knew or should have known about the unfair business practices of an insurance producer, may be financially responsible for the unfair business practices of the insurance producer, who, while acting on behalf of the …
Colo. Rev. Stat. § 10-3-1401 Short title
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This part 14 shall be known and may be cited as the "Model Risk Retention Act". Source: L. 91: Entire part added, p. 1248, § 10, effective July 1.

Colo. Rev. Stat. § 10-3-1402 Purpose

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The purpose of this part 14 is to authorize the commissioner to regulate the formation or operation, or both, of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the federal "Liability Risk Retention Act of 1986", to the extent permit…

Colo. Rev. Stat. § 10-3-1403 Authority of commissioner

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The commissioner may establish, and from time to time amend, such regulations as are necessary to enable the commissioner to regulate risk retention groups and purchasing groups in this state to the extent permitted by the federal "Liability Risk Retention Act of 1986" and pursua…

Colo. Rev. Stat. § 10-3-1501 Purpose and scope - applicability - legislative declaration

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(1) The purpose of this part 15 is to provide the requirements for maintaining a risk management framework and completing an own risk and solvency assessment (ORSA) and provide guidance and instructions for filing an ORSA summary report with the commissioner. (2) The requirements…

Colo. Rev. Stat. § 10-3-1502 Definitions

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As used in this part 15, unless the context otherwise requires: (1) "Insurance group" means, for the purpose of conducting an ORSA, those insurers and affiliates included within an insurance holding company system as defined in section 10-3-801 (5). (2) "Insurer" has the same mea…

Colo. Rev. Stat. § 10-3-1503 Risk management framework

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An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a r…

Colo. Rev. Stat. § 10-3-1504 ORSA requirement

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Subject to section 10-3-1506, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA must be conducted no less than annually but also at any time when there ar…

Colo. Rev. Stat. § 10-3-1505 ORSA summary report

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(1) Upon the commissioner's request, and no more than once each year, an insurer shall submit to the commissioner an ORSA summary report or any combination of reports that together contain the information described in the ORSA guidance manual, applicable to the insurer or the ins…

Colo. Rev. Stat. § 10-3-1506 Exemption

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(1) An insurer is exempt from the requirements of this part 15 if: (a) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the federal crop insurance corporation and nati…

Colo. Rev. Stat. § 10-3-1507 Contents of ORSA summary report

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(1) The ORSA summary report must be prepared to be consistent with the ORSA guidance manual, subject to the requirements of subsection (2) of this section. Documentation and supporting information must be maintained and made available upon examination or upon request of the commi…

Colo. Rev. Stat. § 10-3-1508 Confidentiality

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(1) Documents, materials, or other information, including the ORSA summary report, in the possession or control of the division of insurance that are obtained by, created by, or disclosed to the commissioner or any other person under this part 15, are recognized by this state as …

Colo. Rev. Stat. § 10-3-1509 Sanctions

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Any insurer failing, without just cause, to timely file the ORSA summary report as required in this part 15 shall, after notice and hearing, pay a penalty of two hundred dollars for each day's delay. The maximum penalty under this section is twenty-five thousand dollars. The comm…

Colo. Rev. Stat. § 10-3-1510 Rules

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The commissioner may, upon notice and opportunity for all interested persons to be heard, issue rules and orders as are necessary to carry out this part 15. Source: L. 2016: Entire part added, (SB 16-029), ch. 32, p. 78, § 2, effective March 18.

Colo. Rev. Stat. § 10-3-1511 Effective date

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The requirements of this part 15 are effective beginning with calendar year 2017. The first required filing of the ORSA summary report is in 2017 as specified in section 10-3-1505. An insurer that has maintained a risk management framework consistent with the requirements of this…

Colo. Rev. Stat. § 10-3-1601 Purpose and scope - applicability - legislative declaration

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(1) The purpose of this part 16 is to: (a) Provide the commissioner a summary of each insurer's and insurance group's corporate governance structure, policies, and practices to permit the commissioner to gain and maintain an understanding of each insurer's and insurance group's c…

Colo. Rev. Stat. § 10-3-1602 Definitions

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As used in this part 16, unless the context otherwise requires: (1) "Corporate governance annual disclosure" or "CGAD" means a confidential report filed by an insurer or an insurance group in accordance with the requirements of this part 16. (2) "Insurance group" means those insu…

Colo. Rev. Stat. § 10-3-1603 Disclosure requirement

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(1) On June 1, 2020, and on June 1 of each year thereafter, an insurer, or the insurance group of which the insurer is a member, shall submit to the commissioner a CGAD that contains the information described in section 10-3-1604 and in subsection (2) of this section. Notwithstan…

Colo. Rev. Stat. § 10-3-1604 Contents of corporate governance annual disclosure - rules

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(1) In responding to a request for CGAD-related information, an insurer or insurance group may exercise its discretion so long as its CGAD provides the commissioner sufficient information to understand the insurer's or insurance group's corporate governance structure, policies, a…

Colo. Rev. Stat. § 10-3-1605 Confidentiality

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(1) Documents, materials, and other information, including a CGAD, in the possession or control of the division that are obtained by, created by, or disclosed to the commissioner or any other person under this part 16 are recognized by this state as being proprietary and to conta…

Colo. Rev. Stat. § 10-3-1606 Retention of third-party consultants - information sharing

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(1) The commissioner may retain, at the expense of an insurer or insurance group, one or more third-party consultants, including attorneys, actuaries, accountants, and other experts who are not otherwise members of the commissioner's staff, as may be reasonably necessary to assis…

Colo. Rev. Stat. § 10-3-1607 Sanctions

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Any insurer or insurance group that fails, without just cause, to timely file a CGAD as required in this part 16 shall pay, after notice and a hearing, a penalty of two hundred dollars for each day's delay. The maximum penalty under this section is twenty-five thousand dollars. T…

Colo. Rev. Stat. § 10-3-1608 Rules

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The commissioner shall, upon notice and opportunity for all interested persons to be heard, issue rules and orders to carry out this part 16. Source: L. 2019: Entire part added, (HB 19-1291), ch. 188, p. 2089, § 1, effective August 2.

Colo. Rev. Stat. § 10-3-1701 Definitions

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As used in this part 17, unless the context otherwise requires: (1) "Asset" means property, whether real, personal, mixed, tangible, or intangible, and any right or interest in the property, including all rights under a contract or other agreement. (2) "Capital" means the capital…

Colo. Rev. Stat. § 10-3-1702 Plan of division - general requirements

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(1) A domestic stock insurer may, in accordance with this part 17, divide into two or more resulting insurers pursuant to a plan of division. A domestic stock insurer's plan of division must include: (a) The name of the domestic stock insurer seeking to divide; (b) The name of ea…

Colo. Rev. Stat. § 10-3-1703 Plan of division - dividing insurer to survive division

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(1) If a dividing insurer will survive a division, the plan of division must include, in addition to the requirements described in section 10-3-1702: (a) All proposed amendments to the dividing insurer's articles of incorporation and bylaws; (b) If the dividing insurer intends to…

Colo. Rev. Stat. § 10-3-1704 Plan of division - dividing insurer to not survive division

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If a dividing insurer will not survive a division, the plan of division must include, in addition to the requirements described in section 10-3-1702, the manner in which the dividing insurer will cancel or convert shares in the dividing insurer into shares, securities, obligation…

Colo. Rev. Stat. § 10-3-1705 Amending plan of division

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(1) A dividing insurer may amend the dividing insurer's plan of division in accordance with any procedures set forth in the plan of division or, if procedures are not set forth in the plan of division, in a manner determined by the board of directors of the dividing insurer. A sh…

Colo. Rev. Stat. § 10-3-1706 Abandoning plan of division

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(1) A dividing insurer may abandon its plan of division only as follows: (a) After the dividing insurer has approved the plan of division without any action by the shareholders and in accordance with any procedures set forth in the plan of division, or if procedures are not set f…

Colo. Rev. Stat. § 10-3-1707 Approval of plan of division - articles of incorporation and bylaws

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(1) A dividing insurer shall not file a plan of division with the commissioner until the plan of division has been approved in accordance with all provisions of the dividing insurer's articles of incorporation and bylaws. If the dividing insurer's articles of incorporation and by…

Colo. Rev. Stat. § 10-3-1708 Commissioner approval of plan of division

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(1) After a dividing insurer approves a plan of division pursuant to section 10-3-1707, the dividing insurer shall file the plan of division with the commissioner. Within ten business days after filing the plan of division with the commissioner, the dividing insurer shall provide…

Colo. Rev. Stat. § 10-3-1709 Confidentiality - records

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(1) All information, documents, materials, and copies of documents and materials submitted to, obtained by, or disclosed to the commissioner in connection with a plan of division or in contemplation of a plan of division, including any information, documents, materials, or copies…

Colo. Rev. Stat. § 10-3-1710 Certificate of division

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(1) If the commissioner approves a dividing insurer's plan of division pursuant to section 10-3-1708, an officer or duly authorized representative of the dividing insurer shall sign a certificate of division that sets forth all of the following: (a) The name of the dividing insur…

Colo. Rev. Stat. § 10-3-1711 After division is effective

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(1) (a) On the effective date of a division, if the dividing insurer survives, all of the following apply: (I) The dividing insurer continues to exist; (II) The dividing insurer must amend its articles of incorporation if the amendments are provided for in the plan of division; a…

Colo. Rev. Stat. § 10-3-1712 Resulting insurers' liability for allocated assets and debts

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(1) Except as expressly provided in this section, when a division becomes effective, by operation of law all of the following apply: (a) A resulting insurer is individually liable for the liabilities, including policy liabilities: (I) That the resulting insurer issues, undertakes…

Colo. Rev. Stat. § 10-3-1713 Shareholder appraisal rights

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If a dividing insurer does not survive a division, a shareholder of the dividing insurer is entitled to appraisal rights and to obtain payment of the fair value of the shareholder's shares in the same manner and to the extent provided for a corporation as a party to a merger purs…

Colo. Rev. Stat. § 10-3-1714 Rules

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The commissioner may adopt rules to administer this part 17. Source: L. 2021: Entire part added, (HB 21-1013), ch. 144, p. 855, § 1, effective September 7.

Colo. Rev. Stat. § 10-3-1715 Enforcement by commissioner

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The commissioner may take any action within the commissioner's authority to enforce compliance with this part 17. Source: L. 2021: Entire part added, (HB 21-1013), ch. 144, p. 855, § 1, effective September 7.

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 …