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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. § 10-11-119 Laws applicable
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In addition to the provisions of this article, the laws governing insurance companies, except as they are inconsistent with the provisions of this article, shall apply to the business of title insurance and to title insurance companies. Source: L. 69: p. 526, § 1. C.R.S. 1963: § …
Colo. Rev. Stat. § 10-11-120 Corporate existence preserved
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The repeal of article 12 of chapter 31, C.R.S. 1963, shall not affect the corporate existence of corporations organized under the provisions of said article 12 if such corporations are on July 1, 1969, engaged in the business of title insurance or title insurance agents in this s…
Colo. Rev. Stat. § 10-11-121 Application of article - other laws applicable
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The provisions of this article shall apply to all title insurance companies, title insurance rating organizations, title insurance agents, applicants for title insurance, policyholders, and persons and business entities deemed to be engaged in the business of title insurance. In …
Colo. Rev. Stat. § 10-11-122 Title commitments - rules

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(1) Every title insurance agent or title insurance company shall provide, along with each commitment for an owner's policy of title insurance pertaining to a sale of residential real property as defined in section 39-1-102 (14.5), C.R.S., a statement disclosing the following info…

Colo. Rev. Stat. § 10-11-123 Notification of severed mineral estates

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(1) For purposes of this section: (a) "Mineral estate" means a mineral interest in real property. (b) "Severed" means that the surface owner does not own all or any part of the mineral estate. (c) "Surface estate" means an interest in real property that does not include the full …

Colo. Rev. Stat. § 10-11-124 Affiliated business arrangements - rules - investigative information shared with division of real estate

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(1) (a) An affiliated business arrangement is permitted where the person referring business to the affiliated business arrangement receives payment only in the form of a return on an investment and where it does not violate the provisions of section 10-11-108 (1). (b) A title ins…

Colo. Rev. Stat. § 10-11-125 Fees, salaries, compensation, or other payments

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(1) Nothing in section 10-11-124 or 10-11-126 shall be construed to prohibit payment of a fee to: (a) An attorney for services actually rendered; (b) A title insurance company to its duly appointed agent for services actually performed in the issuance of a policy of title insuran…

Colo. Rev. Stat. § 10-11-126 Affiliated business arrangements - enforcement - penalties

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(1) The commissioner shall have the same remedies available to him or her as those available to the administrator of the department of housing and urban development in the federal "Real Estate Settlement Procedures Act of 1974", as amended, 12 U.S.C. sec. 2607. (2) In addition to…

Colo. Rev. Stat. § 10-11-127 Fiduciary responsibilities of title insurance entities - definition of fiduciary funds - deceptive act or practice - rules

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(1) A title insurance entity and its affiliates or subsidiaries in possession of fiduciary funds received and belonging to others shall hold those funds in a fiduciary capacity. (2) The commissioner shall promulgate reasonable rules that are consistent with this section and are n…

Colo. Rev. Stat. § 10-11-201 Title insurance advisory group - meetings - response by commissioner - subject to review - repeal

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(1) Twice each year, the commissioner shall hold a meeting of representatives of the title insurance industry, who are referred to in this section as the "title insurance advisory group" or "advisory group". The advisory group is an advisory body to the commissioner concerning th…

Colo. Rev. Stat. § 10-12-101 Mutual protective associations

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(1) One hundred or more persons, desiring to form and be members of a mutual protective association, are authorized to and may insure each other against loss or damage by any peril or perils resulting in physical loss or damage to property, including theft of personal property, s…

Colo. Rev. Stat. § 10-12-102 Association to file articles - bylaws

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After the articles of association have been subscribed and acknowledged in the manner provided for Colorado corporations, a certified copy thereof shall be filed with the commissioner, who shall obtain the approval of the attorney general and otherwise investigate to determine wh…

Colo. Rev. Stat. § 10-12-103 Noncompliance a misdemeanor - penalty

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(1) Upon failure of any association to comply with the provisions of sections 10-12-101 to 10-12-104, whether or not in possession of a valid certificate of authority, the officers and directors jointly and severally are guilty of a misdemeanor and, upon conviction thereof, each …

Colo. Rev. Stat. § 10-12-104 Fees - annual statement - tax

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(1) The association shall pay to the division of insurance the fees as prescribed pursuant to section 10-3-207 (4). (2) (a) Each agent, solicitor, special agent, or salaried representative soliciting business in this state shall be licensed by the division of insurance upon appli…

Colo. Rev. Stat. § 10-12-105 Guaranty fund of mutual companies

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(1) Guaranty fund certificates may be issued to provide a guaranty fund for domestic life and fire insurance companies incorporated upon the mutual plan and for domestic casualty insurance associations incorporated upon the assessment plan, such fund to be held as security for th…

Colo. Rev. Stat. § 10-12-106 Fees of mutual companies

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Mutual and assessment companies, unless otherwise specified in this title (except article 15), and article 14 of title 24, C.R.S., are required to pay the same fees and be under the same supervision and authority of the commissioner as companies that are engaged in the same kind …

Colo. Rev. Stat. § 10-12-107 Ownership of profits

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Every domestic insurance company incorporated upon the mutual or assessment plan shall state clearly in its policies or certificates that the accumulations of profits of such corporations over and above all proper liabilities are the sole property of the members or policyholders …

Colo. Rev. Stat. § 10-12-108 Mutual insurance companies - corporation policyholders

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Any public or private corporation, board, or association in this state or elsewhere may make applications and enter into agreements for and hold policies in any domestic or foreign mutual insurance company. Any officer, stockholder, trustee, or legal representative of any such co…

Colo. Rev. Stat. § 10-12-109 Mutual insurance companies - voting powers

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Every member of the company shall be entitled to one vote or to a number of votes based upon the insurance in force, the number of policies held, or the amount of premiums paid, as may be provided in the bylaws. Source: L. 21: p. 465, § 9. C.L. § 2565. CSA: C. 87, § 135. CRS 53: …

Colo. Rev. Stat. § 10-12-110 Mutual insurance companies - premiums and premium deposits

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The policies shall provide for a premium or premium deposit payable in cash and, except as provided in this section, for a contingent premium at least equal to the premium or premium deposit. Such mutual company may issue a policy without a contingent premium while it has a surpl…

Colo. Rev. Stat. § 10-12-111 Mutual life assessment companies prohibited - when

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No life insurance company which is organized under the mutual assessment plan or which issues contracts, the performance of which is contingent upon the payment of assessments or calls made upon its members, shall do business in this state, except such companies authorized on Apr…

Colo. Rev. Stat. § 10-12-112 Validation clause

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All transactions, otherwise lawful and not inconsistent with sections 10-12-108 to 10-12-111, are hereby validated as though done pursuant to said sections. Source: L. 55: p. 458, § 1. CRS 53: § 72-5-12. C.R.S. 1963: § 72-5-12.

Colo. Rev. Stat. § 10-12-401 Legislative declaration

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It is the intent of the general assembly by the enactment of this part 4 that the legal existence and status of mutual insurance companies formed under this part 4 and the members thereof be recognized beyond the limits of this state and that, subject to any reasonable registrati…

Colo. Rev. Stat. § 10-12-402 Scope of provisions

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This part 4 shall apply to all domestic and foreign mutual insurers, including captive insurance companies organized as mutual insurers, transacting or being organized to transact any of the kinds of business for which insurance companies regulated by this title are permitted. So…

Colo. Rev. Stat. § 10-12-403 Mutual insurer defined

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For purposes of this part 4, a "mutual" insurer is an insurance corporation without capital stock, owned by its policyholders collectively, who have the right to vote in the election of its directors. Source: L. 91: Entire part added, p. 1219, § 1, effective May 24.

Colo. Rev. Stat. § 10-12-404 Company name

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The corporate name of any company organized under this article shall contain the word "mutual" and shall not be the same as and shall be distinguishable on the records of the secretary of state from the name of any domestic company or of any foreign or alien company authorized to…

Colo. Rev. Stat. § 10-12-405 Applicability of other code and corporation code provisions

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Domestic mutual insurers, incorporating or qualifying to transact any or all of the classes of insurance designated in section 10-3-102, shall be subject to all provisions of this title generally applicable to other incorporated insurers, specifically including the provisions of …

Colo. Rev. Stat. § 10-12-406 Lines of business

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When permitted by its articles of incorporation, a company may be organized under this part 4 to make insurance to the same extent and for the same purposes as permitted for domestic insurance companies under section 10-3-102 or for captive insurance companies under section 10-6-…

Colo. Rev. Stat. § 10-12-407 Bylaws

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The bylaws shall provide that each policyholder of the company shall be a member of the company and shall be entitled to one or more votes based upon the amount of insurance in force, the number of policies held, or the amount of premium paid, as shall be stated in such bylaws. T…

Colo. Rev. Stat. § 10-12-408 Liability of members

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(1) A member of a mutual insurance company organized under this article is not liable to any other member, to the company, or to any creditor of the company for the payment of losses or expenses of the company beyond payment of premiums for insurance issued to such member, nor ma…

Colo. Rev. Stat. § 10-12-409 Dividends

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(1) The board of directors or trustees of any company which is subject to the provisions of this part 4 and which writes life, accident, or accident and health insurance may declare dividends to its members. (2) After retaining sufficient funds for the payment by the company of a…

Colo. Rev. Stat. § 10-12-410 Insolvency or impairment of mutual insurance company

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A mutual insurance company is deemed insolvent when its admitted assets are less than all of its liabilities, excluding from such liabilities the aggregate amount of its guaranty fund, and is deemed impaired when its admitted assets are less than its liabilities, including as a l…

Colo. Rev. Stat. § 10-12-411 Conversion of domestic mutual insurer to domestic stock or other form of insurer

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(1) Any domestic mutual insurer may submit to the commissioner a petition and plan to convert, without reincorporation, into a domestic stock or other form of insurer pursuant to the requirements of this section. (2) The petition and plan shall set forth with specificity the term…

Colo. Rev. Stat. § 10-13-100.3 Definitions

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As used in this article 13, unless the context otherwise requires: (1) "Attorney" means an attorney, attorney-in-fact, agent, or other representative, as described in section 10-13-102. (2) "Subscribers" means individuals, partnerships, and corporations of this state authorized t…

Colo. Rev. Stat. § 10-13-101 Interinsurance contracts

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Subscribers are authorized to exchange reciprocal or interinsurance contracts with each other, or with individuals, partnerships, and corporations of other states and countries, providing indemnity among themselves from any loss which may be insured against under other provisions…

Colo. Rev. Stat. § 10-13-102 Licensing of solicitors

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Contracts may be executed by an attorney duly authorized and acting for subscribers. Each attorney or exchange doing business in this state shall be required to license each solicitor, agent, special agent, special representative, or salaried representative soliciting business in…

Colo. Rev. Stat. § 10-13-103 Declaration of subscribers

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(1) Such subscribers so contracting among themselves shall through their attorney file with the commissioner of this state a declaration verified by the oath of such attorney setting forth: (a) The name or title of the office at which such subscribers propose to exchange such ind…

Colo. Rev. Stat. § 10-13-104 Venue of actions - service of process

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Concurrently with the filing of the declaration provided for by the terms of section 10-13-103, the attorney shall file with the commissioner an instrument in writing executed by him for said subscribers, conditioned that, upon the issuance of the certificate of authority provide…

Colo. Rev. Stat. § 10-13-105 Maximum indemnity on single risk

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There shall be filed with the commissioner by such attorney a statement under oath showing the maximum amount of indemnity upon any single risk, and such attorney, as often as the same is required, shall file with the commissioner a statement verified by his oath to the effect th…

Colo. Rev. Stat. § 10-13-106 Certificate of authority issued

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(1) Upon the filing of the required papers, it is the duty of the commissioner to examine and pass upon the same and, if found in accordance with this title, to issue a certificate of authority which shall expire on April 1 next succeeding. (2) To qualify for authority to transac…

Colo. Rev. Stat. § 10-13-107 Reserve required

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There shall be maintained at all times an unearned premium reserve computed on a monthly or more frequent pro rata basis. The computation of this reserve shall be based upon premium deposits other than membership fees and without any deduction for expenses and the compensation of…

Colo. Rev. Stat. § 10-13-108 Annual financial report

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(1) Such attorney shall make a sworn annual report to the commissioner of the business of the preceding year ending December thirty-first, on or before the first day of March succeeding, showing that the financial condition of affairs at the office where such contracts are issued…

Colo. Rev. Stat. § 10-13-109 Authority conferred on corporations

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Any corporation organized under the laws of this state, in addition to the rights, powers, and franchises specified in its articles of incorporation, has full power to exchange insurance contracts of the kind and character mentioned in section 10-13-101. The right to exchange suc…

Colo. Rev. Stat. § 10-13-109.5 Exchange may hold and convey real estate

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(1) Any reciprocal or interinsurance exchange authorized to transact business in this state may, in its own name, purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real property, or have an interest in real property, whe…

Colo. Rev. Stat. § 10-13-110 Noncompliance a misdemeanor

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Any attorney, agent, or representative who, except for the purpose of applying for a certificate of authority, exchanges any contracts of indemnity of the kind and character specified in section 10-13-101 or directly or indirectly solicits or negotiates any application for the sa…

Colo. Rev. Stat. § 10-13-111 Annual certification - revocation

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Each attorney by or through whom are issued any policies of or contracts for indemnity of the character referred to in this title shall procure from the commissioner annually a certificate of authority stating that all the requirements of this title have been complied with, and, …

Colo. Rev. Stat. § 10-13-113 Additional penalties

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In addition to the foregoing penalties and where not otherwise provided, the penalty for failure or refusal to comply with any provisions or terms of this title, upon the part of the attorney, shall be the refusal, suspension, or revocation of the certificate of authority by the …

Colo. Rev. Stat. § 10-13-114 Laws applicable

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Except as they may be inconsistent with the provisions of this article, all other provisions of this title shall apply to interinsurance and reciprocal exchanges. Source: L. 13: p. 373, § 81. C.L. § 2554. CSA: C. 87, § 98. CRS 53: § 72-4-14. C.R.S. 1963: § 72-4-14. L. 71: p. 720,…

Colo. Rev. Stat. § 10-14-101 Definitions

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As used in this article, unless the context otherwise requires: (1) "Benefit contract" means the agreement for the provision of benefits authorized by section 10-14-401, as that agreement is described in section 10-14-404. (2) "Benefit member" means an adult member who is designa…

Colo. Rev. Stat. § 10-14-102 Fraternal benefit societies - what constitutes

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Any incorporated society, order, or supreme lodge, without capital stock, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which pr…