§ 10-4-519 — Termination - distribution of funds

(1) The commissioner shall by
order terminate the operation of the association as to any kind of insurance covered
by this part 5 with respect to which he has found, after hearing, that there is in
effect a statutory or voluntary plan which:

(a) Is a permanent plan which is adequately funded or for which adequate
funding is provided; and

(b) Extends, or will extend, to the Colorado policyholders and residents
protection and benefits with respect to insolvent insurers not substantially less
favorable and effective to such policyholders and residents than the protection and
benefits provided with respect to such kinds of insurance under this part 5.

(2) The commissioner shall by the same order authorize discontinuance of
future payments by insurers to the association with respect to the same kinds of
insurance; but the assessments and payments shall continue, as necessary, to
liquidate covered claims of insurers adjudged insolvent prior to said order and the
related expenses not covered by such other plan.

(3) In the event the operation of the association is so terminated as to all
kinds of insurance otherwise within its scope, the association as soon as possible
thereafter shall distribute the balance of moneys and assets remaining after
discharge of the functions of the association with respect to prior insurer
insolvencies not covered by such other plan, together with related expenses, to the
insurers which are then writing in this state policies of the kinds of insurance
covered by this part 5 and which have made payments to the association pro rata
upon the basis of the aggregate of such payments made by the respective insurers
during the period of five years next preceding the date of such order. Upon
completion of such distribution with respect to all of the kinds of insurance covered
by this part 5, this part 5 shall be deemed to be repealed.

Legislative History

Source: L. 71: p. 763, � 1. C.R.S. 1963: � 72-34-19.