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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. § 10-3-501 Legislative declaration - intents and purposes
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(1) This part 5 shall not be interpreted to limit the powers granted the commissioner by other provisions of law. (2) This part 5 shall be liberally construed to effect the purpose stated in subsection (3) of this section. (3) The purpose of this part 5 is to protect the interest…
Colo. Rev. Stat. § 10-3-502 Definitions
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As used in this part 5, unless the context otherwise requires: (1) "Ancillary state" means any state other than a domiciliary state. (2) "Creditor" means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, fixed or contingent…
Colo. Rev. Stat. § 10-3-503 Persons covered
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(1) The proceedings authorized by this part 5 may be applied to: (a) All insurers who are doing, or have done, an insurance business in this state and against whom claims arising from that business may exist now or in the future; (b) All insurers who purport to do an insurance bu…
Colo. Rev. Stat. § 10-3-504 Jurisdiction - venue
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(1) No delinquency proceeding shall be commenced under this part 5 by anyone other than the commissioner, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. (2) The district court in and for the city and county of D…

Colo. Rev. Stat. § 10-3-504.5 Application for receivership - penalty

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No application or proceeding for a receivership of any domestic insurance company shall be made in any court in this state by any person, nor shall any court receive or entertain any such application or proceeding, unless and until such application is approved by the commissioner…

Colo. Rev. Stat. § 10-3-505 Injunctions - orders

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(1) Any receiver appointed in a proceeding under this part 5 may at any time apply for, and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: (a) The tran…

Colo. Rev. Stat. § 10-3-506 Cooperation of officers, owners, and employees

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(1) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other person with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the commissioner in any proceeding under this part 5 or any investigation prel…

Colo. Rev. Stat. § 10-3-507 Continuation of delinquency proceedings

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Every proceeding commenced prior to July 1, 1992, shall be deemed to have been commenced under this part 5 for the purpose of conducting the proceeding thereafter; except that, in the discretion of the commissioner, the proceeding may be continued, in whole or in part, as it woul…

Colo. Rev. Stat. § 10-3-508 Condition on release from delinquency proceedings

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(1) No insurer subject to any delinquency proceedings, whether formal, informal, administrative, or judicial, shall: (a) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding; (b) Be permitted to solicit or …

Colo. Rev. Stat. § 10-3-509 Court's seizure order

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(1) The commissioner may file in the district court in and for the city and county of Denver a petition alleging, with respect to a domestic insurer: (a) That there exists any fact or circumstance that would justify a court order for a formal delinquency proceeding against an ins…

Colo. Rev. Stat. § 10-3-510 Confidentiality of hearings

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In all proceedings and judicial reviews thereof under section 10-3-509, all records of the insurer, other documents, and all division files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential exc…

Colo. Rev. Stat. § 10-3-511 Grounds for rehabilitation

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(1) The commissioner may apply by petition to the district court in and for the city and county of Denver for an order authorizing the commissioner to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: (a) The …

Colo. Rev. Stat. § 10-3-512 Rehabilitation orders

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(1) An order to rehabilitate the business of a domestic insurer or an alien insurer domiciled in this state shall appoint the commissioner as the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer such asse…

Colo. Rev. Stat. § 10-3-513 Powers and duties of rehabilitator

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(1) The commissioner as rehabilitator may appoint one or more special deputies, who shall have all the powers and responsibilities of the rehabilitator granted under this section, and the commissioner may employ such counsel, clerks, and assistants as deemed necessary. The compen…

Colo. Rev. Stat. § 10-3-514 Actions by and against rehabilitator

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(1) Any court in this state before which any action or proceeding in which the insurer is a party, or is obligated to defend a party, is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for a minimum of ninety days and for suc…

Colo. Rev. Stat. § 10-3-514.5 Immunity and indemnification of receiver and employees - applicability

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(1) For the purposes of this section, the persons entitled to protection are: (a) All receivers responsible for the conduct of a delinquency proceeding under this part 5 including present and former receivers; and (b) Their employees, meaning all present and former special deputi…

Colo. Rev. Stat. § 10-3-515 Termination of rehabilitation

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(1) Whenever the commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public, or would be futile, the commissioner may petition the district court in and for the city and county of Denv…

Colo. Rev. Stat. § 10-3-516 Grounds for liquidation

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(1) The commissioner may petition the district court in and for the city and county of Denver for an order directing the commissioner to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis: (a) Of any ground for an order of rehabilitation as spec…

Colo. Rev. Stat. § 10-3-517 Liquidation orders

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(1) An order to liquidate the business of a domestic insurer shall appoint the commissioner as liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The liquidator sh…

Colo. Rev. Stat. § 10-3-518 Continuation of coverage

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(1) All policies, including bonds and other noncancellable business but not including life or health insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of: (a) A period of thirty days from the date of e…

Colo. Rev. Stat. § 10-3-519 Dissolution of insurer

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The commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time the commissioner applies for a liquidation order. The court shall order dissolution of the corpo…

Colo. Rev. Stat. § 10-3-520 Powers of liquidator

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(1) The liquidator shall have the power: (a) To appoint a special deputy or deputies to act for the liquidator under this part 5, and to determine the reasonable compensation of such special deputy. The special deputy shall have all powers of the liquidator granted by this sectio…

Colo. Rev. Stat. § 10-3-521 Notice to creditors and others

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(1) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible: (a) By first-class mail and either by telegram or telephone to the insurance department of each jurisdiction in which the insurer is doing b…

Colo. Rev. Stat. § 10-3-522 Duties of agents

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(1) Every person who receives notice in the form prescribed in section 10-3-521 that an insurer which the person represents as an agent is the subject of a liquidation order shall, within thirty days of such notice, provide to the liquidator, in addition to the information such p…

Colo. Rev. Stat. § 10-3-523 Actions by and against liquidator

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(1) Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or equity or in arbitration shall be brought against the insurer or liquidator, whether in this state or elsewhere, nor shall any such exis…

Colo. Rev. Stat. § 10-3-524 Collection and listing of assets

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(1) As soon as practicable after the liquidation order but not later than one hundred twenty days thereafter, the liquidator shall prepare in duplicate a list of the insurer's assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One…

Colo. Rev. Stat. § 10-3-525 Fraudulent transfers prior to petition

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(1) Every transfer made or suffered and every obligation incurred by an insurer within one year prior to the filing of a successful petition for rehabilitation or liquidation under this part 5 is fraudulent as to then existing and future creditors if made or incurred without fair…

Colo. Rev. Stat. § 10-3-526 Fraudulent transfer after petition

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(1) After a petition for rehabilitation or liquidation has been filed, a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value; or, if not made for a present fair e…

Colo. Rev. Stat. § 10-3-527 Voidable preferences and liens

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(1) (a) A preference is a transfer of any of the property of an insurer to or for the benefit of a creditor, for or on account of an antecedent debt, made or suffered by the insurer within one year before the filing of a successful petition for liquidation under this part 5, the …

Colo. Rev. Stat. § 10-3-528 Claims of holders of void or voidable rights

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(1) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this part 5 shall be allowed unless such creditor surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance. If the…

Colo. Rev. Stat. § 10-3-529 Setoffs - effective date - applicability

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(1) Notwithstanding any other provision of this title, mutual debts or mutual credits, whether arising out of one or more contracts between the insurer and another person in connection with any action or proceeding under this part 5, shall be set off, and the balance only shall b…

Colo. Rev. Stat. § 10-3-530 Assessments

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(1) As soon as practicable but not more than two years after the date of an order of liquidation under section 10-3-517 of an insurer issuing assessable policies, the liquidator shall make a report to the court setting forth: (a) The reasonable value of the assets of the insurer;…

Colo. Rev. Stat. § 10-3-531 Reinsurers' liability

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(1) Except as otherwise provided in subsection (2) of this section, the amount recoverable by the liquidator from reinsurers shall be payable under a contract or contracts reinsured by the reinsurer on the basis of reported claims allowed by the liquidation court without diminuti…

Colo. Rev. Stat. § 10-3-532 Recovery of premiums owed

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(1) (a) An agent, broker, premium finance company, or any other person other than the insured that is responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, wheth…

Colo. Rev. Stat. § 10-3-533 Domiciliary liquidator's proposal to distribute assets

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(1) Within one hundred twenty days after a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshaled assets, from time to ti…

Colo. Rev. Stat. § 10-3-533.5 Sale of insolvent insurer as a going concern

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(1) (a) The domiciliary receiver may apply to the court for permission to sell an insolvent domestic insurer as a going concern. If the court determines that the sale of the insurer as a going concern is in the best interest of the estate and that the sale will not diminish the v…

Colo. Rev. Stat. § 10-3-534 Filing of claims

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(1) Proof of all claims shall be filed with the liquidator in the form required by section 10-3-535 on or before the last day for filing specified in the notice required under section 10-3-521; except that proof of claims for cash surrender values or other investment values in li…

Colo. Rev. Stat. § 10-3-535 Proof of claim

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(1) Proof of claim shall consist of a statement signed by the claimant that includes all of the following that are applicable: (a) The particulars of the claim, including the consideration given for it; (b) The identity and amount of the security on the claim; (c) The payments ma…

Colo. Rev. Stat. § 10-3-536 Special claims

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(1) The claim of a third party which is contingent only on such party's first obtaining a judgment against the insured shall be considered and allowed as though there were no such contingency. (2) A claim may be allowed, even if contingent, if it is filed in accordance with secti…

Colo. Rev. Stat. § 10-3-537 Special provisions for third-party claims

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(1) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator. (2) Whether or not the third party files a claim, the insured may file a claim on the insured's own behalf in the liquidat…

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…