(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 insurer is in such condition that the further transaction of business
would be hazardous financially to its policyholders or creditors or to the public.
(b)There is reasonable cause to believe that there has been embezzlement
from the insurer, wrongful sequestration or diversion of the insurer's assets, forgery
or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the
insurer that if established would endanger assets in an amount threatening the
solvency of the insurer.
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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 insurer is in such condition that the further transaction of business
would be hazardous financially to its policyholders or creditors or to the public.
(b) There is reasonable cause to believe that there has been embezzlement
from the insurer, wrongful sequestration or diversion of the insurer's assets, forgery
or fraud affecting the insurer, or other illegal conduct in, by, or with respect to the
insurer that if established would endanger assets in an amount threatening the
solvency of the insurer.
(c) The insurer has failed to remove any person who in fact has executive
authority in the insurer, whether such person is an officer, manager, general agent,
employee, or other person, if the person has been found after notice and hearing by
the commissioner to be dishonest or untrustworthy in a way affecting the insurer's
business.
(d) Control of the insurer, whether by stock ownership or otherwise, and
whether direct or indirect, is in a person or persons found after notice and hearing
to be untrustworthy.
(e) Any person who in fact has executive authority in the insurer, whether an
officer, manager, general agent, director or trustee, employee, or other person, has
refused to be examined under oath by the commissioner concerning the insurer's
affairs, whether in this state or elsewhere, and after reasonable notice of the fact,
the insurer has failed promptly and effectively to terminate the employment and
status of the person and all of such person's influence on management.
(f) After demand by the commissioner under section 10-1-204 or under this
part 5, the insurer has failed to promptly make available for examination any of its
own property, books, accounts, documents, or other records, or those of any
subsidiary or related company within the control of the insurer, or those of any
person having executive authority in the insurer insofar as they pertain to the
insurer.
(g) Without first obtaining the written consent of the commissioner, the
insurer has transferred, or attempted to transfer, in a manner contrary to part 7 or 8
of this article, substantially its entire property or business, or has entered into any
transaction the effect of which is to merge, consolidate, or reinsure substantially its
entire property or business in or with the property or business of any other person.
(h) The insurer or its property has been or is the subject of an application for
the appointment of a receiver, trustee, custodian, conservator, sequestrator, or
similar fiduciary of the insurer or its property otherwise than as authorized under
the insurance laws of this state, and such appointment has been made or is
imminent, and such appointment might oust the courts of this state of jurisdiction
or might prejudice the orderly conduct of delinquency proceedings pursuant to this
part 5.
(i) The insurer has willfully violated its charter or articles of incorporation, its
bylaws, any insurance law of this state, or any valid order of the commissioner.
(j) The insurer has failed to pay within thirty days after the due date any
obligation to any state or any subdivision thereof or any judgment entered in any
state, if the court in which such judgment was entered had jurisdiction over such
subject matter; except that such nonpayment shall not be a ground for
rehabilitation until thirty days after the termination of any good-faith effort by the
insurer to contest the obligation, whether such effort is made before the
commissioner or in the courts, or the insurer has systematically attempted to
compromise or renegotiate previously agreed settlements with its creditors on the
ground that it is financially unable to pay its obligations in full.
(k) The insurer has failed to file its annual report or other financial report
required by statute within the time allowed by law and, after written demand by the
commissioner, has failed to give an adequate explanation for such failure
immediately.
(l) The board of directors of, or the holders of a majority of the shares
entitled to vote in, or a majority of those individuals entitled to the control of, those
entities specified in section 10-3-503 request or consent to rehabilitation under this
part 5.
(m) The insurer is impaired as defined in section 10-3-212.