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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. § 10-6-108 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. § 10-6-113 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. § 10-6-120 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. § 10-6-125 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…

Colo. Rev. Stat. § 10-6-127 Guaranty fund coverage - not required

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(1) Any provision of the law to the contrary notwithstanding, no captive insurance company shall be compelled to join or contribute financially to any plan, pool, association, or guaranty or insolvency fund in this state; nor shall any captive insurance company or its insured rec…

Colo. Rev. Stat. § 10-6-128 Tax on premiums collected - exemptions - penalties

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(1) All captive insurance companies doing business in this state, except a disqualified insurance company, shall pay to the division of insurance an annual tax on the gross amount of all premiums collected, less premiums or premium credits returned to policyholders, on policies o…

Colo. Rev. Stat. § 10-6-128.5 Penalties

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(1) The commissioner may charge a late fee of up to one hundred dollars per day for any required or reasonably requested report which is received after the filing deadline. (2) Any company failing to pay taxes as specified in this article shall be liable to pay a penalty of up to…

Colo. Rev. Stat. § 10-6-129 Rules of commissioner

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The commissioner may establish and from time to time amend such reasonable rules as are necessary to enable the commissioner to carry out the commissioner's duties under this article, including rules concerning the establishment and nature of loss reserves. Source: L. 72: p. 439,…

Colo. Rev. Stat. § 10-6-130 Laws applicable

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(1) The provisions of law generally applicable to insurance companies shall not apply to captive insurance companies except as specifically provided in this article and except that captive insurance companies are subject to parts 9 and 10 of article 2 of this title and parts 7, 1…

Colo. Rev. Stat. § 10-7-101 Valuation of life policies

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(1) As soon as practicable after the filing of the annual statement, the reserves for all outstanding policies of all life insurance companies making such statements shall be ascertained as provided in this section. (2) (a) The commissioner shall ascertain the reserve for every p…

Colo. Rev. Stat. § 10-7-102 Life insurance policies - requirements

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(1) It is unlawful for any foreign or domestic life insurance company to issue or deliver in this state any life insurance policy unless the policy contains the following provisions: (a) A provision that all premiums shall be payable in advance, either at the home office of the c…

Colo. Rev. Stat. § 10-7-103 Life insurance policies - prohibition

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(1) It is unlawful for any foreign or domestic life insurance company to issue or deliver in this state any life insurance policy if it contains any of the following provisions: (a) A provision for forfeiture of the policy for failure to repay any loan on the policy, or to pay in…

Colo. Rev. Stat. § 10-7-104 Exceptions

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The provisions of sections 10-7-102 and 10-7-103 shall not apply to annuities, industrial policies, or corporations or associations operating on the assessment or fraternal plan; except that the commissioner may review variable annuities to ensure that such products are offered, …

Colo. Rev. Stat. § 10-7-105 Violation

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The certificate of authority of any foreign or domestic life insurance company violating any of the provisions of sections 10-7-102 and 10-7-103 shall be suspended by the commissioner and shall not be renewed until such company fully and completely conforms to the same. Such acti…

Colo. Rev. Stat. § 10-7-105.5 Lapse of life insurance policy - notice - affidavit of mailing or electronic transmission - legislative declaration

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(1) The general assembly finds, determines, and declares that it is beneficial to citizens of this state for life insurers, prior to the lapse of individual life insurance policies for nonpayment of premium, to provide written notice in a uniform manner to policy owners. (2) A no…

Colo. Rev. Stat. § 10-7-106 Exclusive right of insured in proceeds

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Whenever, under the terms of any annuity or policy of life insurance, or under any written agreement supplemental thereto, issued by any insurance company, domestic or foreign, lawfully doing business in this state, the proceeds are retained by such company at maturity or otherwi…

Colo. Rev. Stat. § 10-7-107 Nonforfeiture benefits - applicability

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(1) In the event of default in the payment of any premium due on any policy issued after March 28, 1945, except term or convertible term policies, if not less than three full years' premiums have been paid thereon, there shall be secured to the insured, without action on his part…

Colo. Rev. Stat. § 10-7-108 Regulating vouchers for disbursements

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No domestic life insurance company shall make any disbursement unless the same is evidenced by a voucher correctly describing the consideration for the payment. If the expenditure is for both services and disbursements, the voucher shall set forth the services rendered and an ite…

Colo. Rev. Stat. § 10-7-109 Suicide no defense for nonpayment

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The suicide of a policyholder after the first policy year of any life insurance policy issued by any life insurance company doing business in this state shall not be a defense against the payment of a life insurance policy, whether said suicide was voluntary or involuntary, and w…

Colo. Rev. Stat. § 10-7-112 Interest payable on benefits or proceeds

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(1) Notwithstanding any other provision of law, each insurer admitted to transact the business of life insurance in this state shall pay interest on the death benefits using an interest rate that is not less than the rate of interest for proceeds left on deposit with the insurer …

Colo. Rev. Stat. § 10-7-113 Acceleration of benefits

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(1) Any policy of life or endowment insurance or annuity contract or contract supplemental thereto may contain benefits providing for the acceleration of life or endowment or annuity benefits in advance of the time they would otherwise be payable for an insured: (a) Who is diagno…

Colo. Rev. Stat. § 10-7-114 Actuarial opinion of reserves - definition - rules

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(1) Actuarial opinion prior to the operative date of the valuation manual. Before the operative date of the valuation manual, as that term is defined in section 10-7-301.5 (7): (a) Every life insurance company doing business in this state shall annually submit the opinion of a qu…

Colo. Rev. Stat. § 10-7-115 Insurable interest - 170 (c) organizations

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Notwithstanding any other provision of law, any organization that meets the requirements of section 170 (c) of the federal "Internal Revenue Code of 1986", as amended, may own or purchase life insurance on an insured who gives written consent to the ownership or purchase of that …

Colo. Rev. Stat. § 10-7-116 Military sales - rules

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The commissioner shall promulgate rules, consistent with federal law, to define dishonest, unfair, and deceptive marketing and sales practices to military personnel and their families. The rules shall not affect federal insurance programs under 38 U.S.C. sec. 1965 et seq. Source:…

Colo. Rev. Stat. § 10-7-201 Group life insurance

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(1) No policy of group life insurance shall be delivered in this state unless: (a) The policyholder was formed for purposes other than obtaining insurance, or is a trust established by one or more employers or by one or more labor unions, or by one or more employers and one or mo…

Colo. Rev. Stat. § 10-7-202 Policy provisions

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(1) No policy of group life insurance shall be delivered in this state unless it contains in substance the following provisions, or provisions which in the opinion of the commissioner are more favorable to the certificate owners, or at least as favorable to the certificate owners…

Colo. Rev. Stat. § 10-7-203 Employer defined

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The term "employer" as used in sections 10-7-201 and 10-7-202 includes counties, cities, cities and counties, incorporated towns, school districts, and other political subdivisions of this state; and such subdivisions, in order to promote the better efficiency of its employees, m…

Colo. Rev. Stat. § 10-7-204 Reciprocal provisions

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Policies of group insurance, when issued in this state by any company not organized under the laws of this state, may contain any provision required by the law of the state or territory or district of the United States under which the company is organized. Any group policy may be…

Colo. Rev. Stat. § 10-7-205 Exemption from execution

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No policy of group insurance, nor the proceeds thereof, when paid to any employee thereunder, shall be liable to attachment, garnishment, or other process, or be seized, taken, appropriated, or applied by any legal or equitable process or operation of law, to pay any debt or liab…

Colo. Rev. Stat. § 10-7-206 Issuance and valuation of policies - annual statement

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(1) Any life insurance company may issue life or endowment insurance, with or without annuities, upon the group plan, as defined in section 10-7-201, with special rates of premiums less than the usual rates of premiums for such policies. Group policies issued prior to the operati…

Colo. Rev. Stat. § 10-7-207 Assignment

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Nothing in this title or in any other law shall be construed to prohibit any person insured under a group life insurance policy from making an assignment of all or any part of his incidents of ownership under such policy, including, but not limited to, the privilege to have issue…

Colo. Rev. Stat. § 10-7-301 Short title

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This part 3 shall be known and may be cited as the "Standard Nonforfeiture and Valuation Act". Source: L. 61: p. 460, § 1. CRS 53: § 72-20-1. C.R.S. 1963: § 72-19-1.

Colo. Rev. Stat. § 10-7-301.5 Definitions

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As used in this part 3, unless the context otherwise requires: (1) "Accident and health insurance" means contracts that incorporate morbidity risk and provide protection against economic loss resulting from accident, sickness, or medical conditions and as may be specified in the …

Colo. Rev. Stat. § 10-7-302 Compulsory policy provisions

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(1) On and after the operative date of this part 3, no policy of life insurance, except as stated in section 10-7-307, shall be delivered or issued for delivery in this state by any foreign or domestic life insurance company unless it contains in substance the following provision…

Colo. Rev. Stat. § 10-7-303 Computation of cash surrender value

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(1) (a) Except as provided in paragraphs (b) and (c) of this subsection (1), any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary, whether or not required by section 10-7-302, shall be an amount not less th…

Colo. Rev. Stat. § 10-7-304 Computation of nonforfeiture benefit

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Any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due on any policy anniversary shall be such that its present value as of such anniversary shall be at least equal to the cash surrender value then provided for by the policy …

Colo. Rev. Stat. § 10-7-305 Adjusted premiums

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(1) This section shall not apply to policies issued on or after the operative date of section 10-7-305.1. Except as provided in subsection (3) of this section, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the …

Colo. Rev. Stat. § 10-7-305.1 Adjusted premiums for new policies

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(1) (a) This section shall apply to all policies issued on or after the operative date of this section. Except as provided in subsection (7) of this section, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the re…

Colo. Rev. Stat. § 10-7-305.2 Future premium determination - standards

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(1) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurance company based on the then present estimates of future experience, or in the case of any plan of life insurance which is of suc…

Colo. Rev. Stat. § 10-7-306 Calculation of values - supplemental rules

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(1) Any cash surrender value and any paid-up nonforfeiture benefit, available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary, shall be calculated with allowance for the lapse of time and the payment of fractional…

Colo. Rev. Stat. § 10-7-306.1 Calculation of values - new policies

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(1) (a) This section, in addition to all other applicable sections of this part 3, shall apply to all policies issued on or after January 1, 1985. Any cash surrender value available under a policy in the event of default in a premium payment due on any policy anniversary shall be…

Colo. Rev. Stat. § 10-7-307 Exemptions

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(1) Sections 10-7-302 to 10-7-306.1 shall not apply to any of the following: (a) Reinsurance; (b) Group insurance; (c) A pure endowment; (d) An annuity or reversionary annuity contract; (e) Any term policy of uniform amount, which provides no guaranteed nonforfeiture or endowment…

Colo. Rev. Stat. § 10-7-308 Waiver prohibited

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No agreement between the company and the policyholder or applicant for insurance contrary to the provisions of sections 10-7-301 to 10-7-307, or contrary to the provisions of section 10-3-205, shall be held to waive any of such provisions. Source: L. 61: p. 465, § 8. CRS 53: § 72…

Colo. Rev. Stat. § 10-7-309 Minimum standard of valuation - rules

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(1) Except as otherwise provided in subsection (2) of this section and in section 10-7-309.5, the minimum standard for the valuation of all policies issued by any domestic or foreign life insurance company, on or after the operative date provided in paragraph (b) of subsection (2…

Colo. Rev. Stat. § 10-7-309.5 Minimum standards of valuation for new policies - definition

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(1) The calendar year statutory valuation interest rates, as defined in this section, must be the interest rates used in determining the minimum standard for the valuation of: (a) Life insurance policies issued in a particular calendar year, on or after the operative date of sect…