(1)As soon as practicable but not more than two
years after the date of an order of liquidation under section 10-3-517 of an insurer
issuing assessable policies, the liquidator shall make a report to the court setting
forth:
(a)The reasonable value of the assets of the insurer;
(b)The insurer's probable total liabilities;
(c)The probable aggregate amount of the assessment necessary to pay all
claims of creditors and expenses in full, including expenses of administration and
costs of collecting the assessment; and
(d)A recommendation as to whether or not an assessment should be made
and in what amount.
(2)(a) Upon the basis of the report provided pursuant to subsection (1) of this
section and including any supplements and amendments thereto, the district court
in and for
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(1) As soon as practicable but not more than two
years after the date of an order of liquidation under section 10-3-517 of an insurer
issuing assessable policies, the liquidator shall make a report to the court setting
forth:
(a) The reasonable value of the assets of the insurer;
(b) The insurer's probable total liabilities;
(c) The probable aggregate amount of the assessment necessary to pay all
claims of creditors and expenses in full, including expenses of administration and
costs of collecting the assessment; and
(d) A recommendation as to whether or not an assessment should be made
and in what amount.
(2) (a) Upon the basis of the report provided pursuant to subsection (1) of this
section and including any supplements and amendments thereto, the district court
in and for the city and county of Denver may levy one or more assessments against
all members of the insurer who are subject to assessment.
(b) Subject to any applicable legal limits on assessability, the aggregate
assessment shall be for the amount by which the sum of the probable liabilities, the
expenses of administration, and the estimated cost of collection of the assessment
exceeds the value of existing assets, with due regard being given to assessments
that cannot be collected economically.
(3) After levy of assessment under subsection (2) of this section, the
liquidator shall issue an order directing each member who has not paid the
assessment pursuant to the order to show cause why the liquidator should not
pursue a judgment therefor.
(4) The liquidator shall give notice of the order to show cause by publication
and by first-class mail to each member liable under such order mailed to the
member's last-known address as it appears on the insurer's records, at least twenty
days before the return day of the order to show cause.
(5) (a) If a member does not appear and serve duly verified objections upon
the liquidator on or before the return day of the order to show cause under
subsection (3) of this section, the court shall make an order adjudging the member
liable for the amount of the assessment together with costs, and the liquidator shall
have a judgment against the member therefor.
(b) If, on or before such return day, the member appears and serves duly
verified objections upon the liquidator, the commissioner may hear and determine
the matter or may appoint a referee to hear it and make such order as the facts
warrant. In the event that the commissioner determines that such objections do not
warrant relief from assessment, the member may request the court to review the
matter and vacate the order to show cause.
(6) The liquidator may enforce any order or collect any judgment under
subsection (5) of this section by any lawful means.