§ 10-3-905 — Service of process upon unauthorized company

Colorado § 10-3-905

• Jurisdiction: Colorado
• Title 10: Insurance
• Art.: Regulation of Insurance Companies

Text

(1) Any act of
entering into a contract of insurance as an insurer, or transacting insurance
business in this state, as such term is defined by section 10-3-903, by an
unauthorized foreign or alien company is equivalent to and constitutes an
appointment by such company of the commissioner to be its true and lawful
attorney upon whom may be served all lawful process in any action or proceeding
against it arising out of a violation of this part 9, or any action which may arise
under the terms of this part 9, and the performance of one or more of such acts is
signification of its agreement that any such process against it which is so served is
of the same legal force and validity as if served upon the company.

(2) (a) Service of such process shall be made by delivering and leaving with
the commissioner two copies thereof and the payment to the commissioner of a fee
of ten dollars. The commissioner shall promptly mail by certified mail one of the
copies of such process to such company at its last-known principal place of
business and shall keep a record of all process so served upon the commissioner.
Such process is sufficient service upon such company if notice of such service and
a copy of the process are, within ten days thereafter, sent by certified mail, by or on
behalf of the commissioner, to such company at its last-known principal place of
business, and the return receipt of the company or, in the event the company
refuses to accept such certified mail, the certified mail with its refusal thereon and
the affidavit of compliance herewith by or on behalf of the commissioner is filed
with the clerk of the court in which such action or proceeding is pending. The date
of filing of the return receipt or refusal and affidavit of compliance constitutes the
effective date of service and sufficient proof thereof.

(b) Notwithstanding the amount specified for the fee in paragraph (a) of this
subsection (2), the commissioner by rule or as otherwise provided by law may
reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S.,
to reduce the uncommitted reserves of the fund to which all or any portion of the
fee is credited. After the uncommitted reserves of the fund are sufficiently
reduced, the commissioner by rule or as otherwise provided by law may increase
the amount of the fee as provided in section 24-75-402 (4), C.R.S.

(3) The court in any action or proceeding in which service is made in the
manner provided in subsection (2) of this section may, in its discretion, order such
postponement as may be necessary to afford such company reasonable
opportunity to defend such action or proceeding.

(4) Nothing in this section is to be construed to prevent an unauthorized
foreign or alien company from filing a motion to quash a writ or to set aside service
thereof made in the manner provided in subsection (2) of this section on the ground
that such unauthorized company has not done any of the acts referred to in section
10-3-903.

(5) No judgment by default shall be entered in any such action or proceeding
until the expiration of thirty days from the date of the filing of the affidavit of
compliance.

(6) Nothing in this section shall limit or affect the right to serve any process,
notice, or demand required or permitted by law to be served upon any company in
any other manner permitted by law.

Legislative History

Source: L. 67: p. 870, � 4. C.R.S. 1963: � 72-25-4. L. 71: p. 731, � 1. L. 86: (2) amended, p. 555, � 5, effective July 1. L. 89: (2) amended, p. 437, � 7, effective July 1. L. 98: (2) amended, p. 1326, � 27, effective June 1.