Title 10, Insurance
0 chapters · 1,354 sections in this title.
Colo. Rev. Stat. § 10-4-644 Child restraint system - insurance coverage - definition
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[Editor's note: This section is effective January 1, 2026.] (1) (a) An insurer that issues or renews a policy pursuant to this part 6 shall include in the applicable coverage the replacement cost of a child restraint system that is in a motor vehicle at the time of a motor vehicl…
Colo. Rev. Stat. § 10-5-101 Short title
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This article shall be known and may be cited as the Nonadmitted Insurance Act. Source: L. 49: p. 474, � 22. CSA: C. 87, � 334. CRS 53: � 72-14-17. C.R.S. 1963: � 72-13-17. L. 95: Entire section amended, p. 491, � 6, effective May 16.
Colo. Rev. Stat. § 10-5-101.1 Legislative declaration
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(1) The general assembly finds and declares that disability, property, and casualty insurance transactions with nonadmitted insurers are so affected with a public interest as to require regulation, taxation, supervision, and control of such transactions and matters relating there…
Colo. Rev. Stat. § 10-5-101.2 Definitions
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As used in this article 5, unless the context otherwise requires: (1) Affiliate means, with respect to an insured, any entity that controls, is controlled by, or is under common control with the insured. (2) Affiliated group means any group of entities that are all affiliated. (3…
Colo. Rev. Stat. § 10-5-101.5 Exemptions
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(1) The provisions of this article controlling the placing of insurance with nonadmitted insurers shall not apply to reinsurance or, except as to subsection (2) of this section, to the following types of insurance when placed by licensed agents or brokers of this state: (a) Insur…
Colo. Rev. Stat. § 10-5-102 Validity of certain contracts
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A contract of insurance effectuated by a nonadmitted insurer in violation of the provisions of this article shall be voidable except at the instance of the insurer. Source: L. 49: p. 467, � 1. CSA: C. 87, � 318. CRS 53: � 72-14-1. C.R.S. 1963: � 72-13-1. L. 95: Entire section ame…
Colo. Rev. Stat. § 10-5-103 Conditions for export
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(1) If certain insurance coverages cannot be procured from admitted insurers, such coverages, designated in this article as surplus lines, may be procured from nonadmitted insurers, subject to the following conditions: (a) The insurance must be procured through a licensed broker.…
Colo. Rev. Stat. § 10-5-103.5 Producing broker's affidavit
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Any broker exporting insurance under this article, at the request of any other licensed agent or broker, may accept an affidavit executed by such other agent or broker, in such form as may be prescribed or accepted by the commissioner, as evidence that such insurance was eligible…
Colo. Rev. Stat. § 10-5-104 Endorsement of contract
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Every insurance contract procured and delivered as a surplus line coverage pursuant to this article shall be initialed by or bear the name of the surplus line broker who procured it and shall have stamped upon it the following: This contract is delivered as a surplus line coverag…
Colo. Rev. Stat. § 10-5-105 Surplus line insurance valid
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Insurance contracts procured as surplus line coverage from nonadmitted insurers in accordance with this article shall be fully valid and enforceable as to all parties and shall be given recognition in all matters and respects to the same effect as like contracts issued by admitte…
Colo. Rev. Stat. § 10-5-106 When export declared eligible
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The commissioner may, by rule, declare eligible for export generally, notwithstanding the provisions of section 10-5-103 (1)(b) and (1)(c), any class of insurance coverage or risk for which the commissioner finds that there is no reasonable or adequate market among insurers licen…
Colo. Rev. Stat. § 10-5-107 Brokers may accept business from producers
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A licensed surplus line broker may accept and place surplus line business for any insurance producer licensed in this state for the kind of insurance involved and may compensate such agent or broker therefor. Source: L. 49: p. 468, � 6. CSA: C. 87, � 323. CRS 53: � 72-14-6. C.R.S…
Colo. Rev. Stat. § 10-5-108 Placement of surplus lines insurance
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(1) A broker shall not place any coverage with a nonadmitted insurer unless, at the time of placement, the nonadmitted insurer meets all applicable eligibility requirements contained in the federal act or is an insurance exchange, Lloyds plan, or group of incorporated insurers un…
Colo. Rev. Stat. § 10-5-109 Records of surplus line broker
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Each licensed surplus line broker shall keep in the broker's office a full and true record of each surplus line contract procured by the broker, including a copy of the daily report, if any, showing such of the following items as may be applicable: Amount of the insurance; gross …
Colo. Rev. Stat. § 10-5-110 Statement - rules
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(1) Each surplus line broker and every person that enters into an independent procurement for nonadmitted insurance shall file with the commissioner a verified statement of all insurance transacted by the broker or other person during the preceding reporting period. The commissio…
Colo. Rev. Stat. § 10-5-111 Tax on premiums - filing system - division to contract with third parties - rules - definition
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(1) Each surplus line broker and every person that enters into an independent procurement for nonadmitted insurance shall remit to the division a tax on the net premiums, exclusive of sums collected to cover federal and other state taxes and examination fees, on nonadmitted insur…
Colo. Rev. Stat. § 10-5-111.5 Allocation of premium tax
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(1) In determining the amount of tax payable to Colorado, the entire amount of tax payable at a rate of three percent on the net premiums is presumed to be owed to Colorado; except that, for those multistate risks involving states that have entered into either a compact or a tax-…
Colo. Rev. Stat. § 10-5-112 Penalty for failure to comply
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If any surplus line broker fails to file the annual statement, or fails to remit the tax provided by section 10-5-111, prior to the first day of April after the tax is due, the broker shall be liable for a fine of twenty-five dollars for each day of delinquency commencing with th…
Colo. Rev. Stat. § 10-5-113 Revocation of broker's license
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(1) The commissioner may revoke any surplus line broker's license: (a) If the broker fails to file the annual statement or to remit the tax as required by this article; or (b) If the broker fails to keep the records, or to allow the commissioner to examine the broker's records as…
Colo. Rev. Stat. § 10-5-114 Actions against insurer - service
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(1) A nonadmitted insurer may be sued, upon any cause of action arising in this state under any contract issued by it as a surplus line contract, pursuant to this article, in the district court of the county in which the cause of action arose. (2) Service of legal process against…
Colo. Rev. Stat. § 10-5-115 Authority of commissioner - assistance of brokers' association
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(1) The commissioner shall maintain such facilities as may be necessary to carry out the purposes of this article. (2) The commissioner may rely upon the advice and assistance of a duly constituted association of brokers in carrying out the purposes of this article, if the associ…
Colo. Rev. Stat. § 10-5-116 Records produced on order
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Every person for whom insurance is placed with a nonadmitted insurer pursuant to or in violation of this article, upon the commissioner's order, shall produce for the commissioner's examination all policies and other documents evidencing the insurance and shall disclose to the co…
Colo. Rev. Stat. § 10-5-117 Rules and regulations
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The commissioner may make and publish reasonable rules and regulations consistent with this article in respect to the transactions governed thereby and for the basis for his determination under this article. Source: L. 49: p. 472, � 16. CSA: C. 87, � 333. CRS 53: � 72-14-16. C.R.…
Colo. Rev. Stat. § 10-5-118 Notice provisions not applicable to surplus lines
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The notice provisions in sections 10-4-109.7, 10-4-110, 10-4-110.5, and 10-4-110.7 shall not be applicable to insurance companies authorized pursuant to this article to write surplus lines insurance in Colorado. Source: L. 87: Entire section added, p. 434, � 9, effective May 1. 1…
Colo. Rev. Stat. § 10-5-119 Disclosures regarding claims-made policies by surplus line brokers or insurers
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(1) In the event that a contract procured or placed by a Colorado surplus line broker is on a claims-made or other nonoccurrence policy form, the broker or the nonadmitted insurer shall stamp on the face of the policy a clear disclosure, as prescribed by the commissioner, which s…
Colo. Rev. Stat. § 10-6-101 Short title
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This article shall be known and may be cited as the Colorado Captive Insurance Company Act. Source: L. 72: p. 428, � 1. C.R.S. 1963: � 72-36-1.
Colo. Rev. Stat. § 10-6-102 Legislative declaration
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It is the policy of the general assembly and the intent and purpose of this article to simplify the procedures for organizing and regulating the operations of captive insurance companies within the state of Colorado, to encourage the formation of such companies while retaining th…
Colo. Rev. Stat. § 10-6-103 Definitions
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As used in this article, unless the context otherwise requires: (1) Affiliated company means any company that directly or indirectly owns or controls a pure captive insurance company and any company owned or controlled, directly or indirectly, by a parent or subsidiary. (2) Capti…
Colo. Rev. Stat. § 10-6-104 Scope of article. (Repealed)
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Source: L. 72: p. 428, � 1. C.R.S. 1963: � 72-36-3. L. 76: (2) amended, p. 381, � 2, effective April 6. L. 87: (1)(a)(II) amended, p. 436, � 2, effective May 22. L. 91: (2) amended, p. 1224, � 3, effective May 24. L. 94: Entire section repealed, p. 554, � 20, effective April 6.
Colo. Rev. Stat. § 10-6-105 Employee benefits - minimum coverages
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(1) Any captive insurance company issuing employee benefits coverages, as approved by the commissioner, in its plan of operation shall provide the minimum mandated insurance coverages required of insurance companies in the state. (2) (a) (Deleted by amendment, L. 91, p. 1224, � 4…
Colo. Rev. Stat. § 10-6-106 Names of companies
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No captive insurance company shall adopt the name of any existing company nor any name which may be misleading to the public. Source: L. 72: p. 430, � 1. C.R.S. 1963: � 72-36-6. L. 94: Entire section amended, p. 543, � 4, effective April 6.
Colo. Rev. Stat. § 10-6-107 Formation and operation of captive insurance companies
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(1) No person shall engage in the business of insurance as a captive insurance company without first applying for and obtaining a certificate of authority from the commissioner stating that such person complies with the laws of this state. Applicants shall submit articles of inco…
Colo. Rev. Stat. § 10-6-108 Control of operations
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The business of each captive insurance company shall be managed by a board of directors or other governing body consisting of not less than three persons. The organizational documents or bylaws shall provide for the terms, meetings, and elections of the directors and officers of …
Colo. Rev. Stat. § 10-6-109 Increase of capital. (Repealed)
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Source: L. 72: p. 432, � 1. C.R.S. 1963: � 72-36-9. L. 94: Entire section repealed, p. 554, � 20, effective April 6.
Colo. Rev. Stat. § 10-6-110 Violations - penalty. (Repealed)
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Source: L. 72: p. 432, � 1. C.R.S. 1963: � 72-36-10. L. 94: Entire section repealed, p. 554, �20, effective April 6.
Colo. Rev. Stat. § 10-6-111 No seal required on policies. (Repealed)
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Source: L. 72: p. 432, � 1. C.R.S. 1963: � 72-36-11. L. 89: Entire section amended, p. 464, � 6, effective April 15. L. 94: Entire section repealed, p. 554, � 20, effective April 6.
Colo. Rev. Stat. § 10-6-112 Deemed incorporated under corporation law. (Repealed)
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Source: L. 72: p. 432, � 1. C.R.S. 1963: � 72-36-12. L. 89: Entire section amended, p. 464, � 7, effective April 15. L. 94: Entire section repealed, p. 554, � 20, effective April 6.
Colo. Rev. Stat. § 10-6-113 Authority to do business
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(1) The certificate of authority issued to a captive insurance company shall expire on June 30 each year and shall be renewed annually, upon payment of all required fees and filing of all lawfully required reports, if the company has continued to comply with the laws of this stat…
Colo. Rev. Stat. § 10-6-114 Reports and statements
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(1) Every captive insurance company doing business in this state shall render to the commissioner a report, signed and sworn to by its chief officers, of its condition as of the end of each fiscal year, which shall be in a form prescribed by the commissioner and contain such info…
Colo. Rev. Stat. § 10-6-115 Grounds and procedure for suspension or revocation of certificate - review by commissioner
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(1) The certificate of authority of a captive insurance company to do business in this state may be revoked or suspended by the commissioner for any violation of this article, including without limitation the following: (a) Insolvency or impairment; (b) Failure to meet the requir…
Colo. Rev. Stat. § 10-6-116 Capital and surplus requirements
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(1) No captive insurance company issued a certificate of authority shall be permitted to do any business in this state unless it maintains total capital and surplus of not less than five hundred thousand dollars. (1.5) Upon a written finding by the commissioner that the approved …
Colo. Rev. Stat. § 10-6-117 Security deposits - certificates. (Repealed)
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Source: L. 72: p. 434, � 1. C.R.S. 1963: � 72-36-17. L. 94: Entire section repealed, p. 554, � 20, effective April 6. 10-6-118. Deposit and safekeeping of securities and letters of credit. (Repealed) Source: L. 72: p. 434, � 1. C.R.S. 1963: � 72-36-18. L. 92: Entire section amend…
Colo. Rev. Stat. § 10-6-118 Deposit and safekeeping of securities and letters of credit. (Repealed)
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C.R.S. 10-6-118Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services …
Colo. Rev. Stat. § 10-6-119 Surplus - letter of credit. (Repealed)
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Source: L. 72: p. 435, � 1. C.R.S. 1963: � 72-36-19. L. 87: Entire section amended, p. 437, � 6, effective May 22. L. 92: (1) amended, p. 1563, � 73, effective May 20. L. 94: Entire section repealed, p. 554, � 20, effective April 6.
Colo. Rev. Stat. § 10-6-120 Examinations and investigations
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(1) The commissioner or any person so authorized has the authority to examine the financial condition, affairs, and management of any applicant or captive insurance company operating under the laws of this state. For such purpose the commissioner shall have free access to all the…
Colo. Rev. Stat. § 10-6-121 Legal investments
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(1) Group captive insurance companies shall comply with the investment requirements and limitations applicable to other insurance companies under the laws of this state as described in sections 10-1-102 (2) and (16), 10-3-213 to 10-3-242, and 10-3-802. (2) (a) Pure captive insura…
Colo. Rev. Stat. § 10-6-122 Reinsurance
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(1) Except as otherwise provided in subsection (2) of this section, any captive insurance company authorized to do business in this state may take credit for reserves on risks ceded to a reinsurer pursuant to part 7 of article 3 of this title and any applicable rules. (2) Notwith…
Colo. Rev. Stat. § 10-6-123 Filing of policy provisions - no requirement of filing for pure captive insurance companies. (Repealed)
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C.R.S. 10-6-123Statutes current through Chapter 65 of the 2026 Regular Session, effective as of April 20, 2026. The text of this section is not final. It will not be final until compared to, and updated from, the text provided by the Colorado Office of Legislative Legal Services …
Colo. Rev. Stat. § 10-6-124 Making of rates. (Repealed)
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Source: L. 72: p. 437, � 1. C.R.S. 1963: � 72-36-24. L. 87: Entire section repealed, p. 439, � 10, effective May 22.
Colo. Rev. Stat. § 10-6-125 Filing of rates
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(1) A group captive insurance company's rates, rate classification systems, or funding levels shall be sufficient to fund expected operations and expenses. The commissioner may require that a pure captive insurance company file rating or funding data if such pure captive insuranc…