§ 10-3-504 — Jurisdiction - venue

(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 Denver shall have
jurisdiction to entertain, hear, or determine any complaint praying for the
dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership
of any insurer, or praying for an injunction or restraining order or other relief
preliminary to, incidental to, or relating to such proceedings other than in
accordance with this part 5.

(3) In addition to other grounds for jurisdiction provided by law, the district
court in and for the city and county of Denver has jurisdiction over a person served
pursuant to the rules of civil procedure or other applicable provisions of law in an
action brought by the receiver of a domestic insurer or an alien insurer domiciled in
this state if:

(a) The person served is an agent, broker, or other person who has at any
time written policies of insurance for or has acted in any manner whatsoever on
behalf of an insurer against which a delinquency proceeding has been instituted in
any action resulting from or incident to such a relationship with the insurer; or

(b) The person served is a reinsurer who has at any time entered into a
contract of reinsurance with an insurer against which a delinquency proceeding has
been instituted, or is an agent or broker of or for the reinsurer, in any action on or
incident to the reinsurance contract; or

(c) The person served is or has been an officer, director, manager, trustee,
organizer, promoter, or other person in a position of comparable authority or
influence over an insurer against which a delinquency proceeding has been
instituted, in any action resulting from or incident to such a relationship with the
insurer; or

(d) The person served is or was at the time of the institution of the
delinquency proceeding against the insurer holding assets in which the receiver
claims an interest on behalf of the insurer, in any action concerning such assets; or

(e) The person served is obligated to the insurer in any way whatsoever, in
any action on or incident to the obligation.

(4) If the court on motion of any party finds that any action should as a
matter of substantial justice be tried in a forum outside this state, the court may
enter an appropriate order to stay further proceedings on the action in this state.

(5) All actions authorized pursuant to this part 5 shall be brought in the
district court in and for the city and county of Denver.

Legislative History

Source: L. 92: Entire part R&RE, p. 1432, � 14, effective July 1.