Colorado § 10-5-114 Actions against insurer - service

Colorado Statutes

§ 10-5-114 — Actions against insurer - service

Colorado § 10-5-114

Title 10Insurance

Art.Nonadmitted Insurance

This text of Colorado § 10-5-114 (Actions against insurer - service) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 10-5-114 (2026).

Text

(1)A nonadmitted insurer may be sued, upon any cause of action arising in this state under any contract issued by it as a surplus line contract, pursuant to this article, in the district court of the county in which the cause of action arose.

(2)Service of legal process against the insurer may be made in any such action by service upon the commissioner. The commissioner shall forthwith mail the documents of process served, or a true copy thereof, to the person designated by the insurer pursuant to rule of the commissioner for the purpose by prepaid certified mail with return receipt requested. The insurer shall have forty days from the date of service upon the commissioner within which to plead, answer, or otherwise defend the action. Upon service of process upon the commission

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(1) A nonadmitted insurer may
be sued, upon any cause of action arising in this state under any contract issued by
it as a surplus line contract, pursuant to this article, in the district court of the
county in which the cause of action arose.

(2) Service of legal process against the insurer may be made in any such
action by service upon the commissioner. The commissioner shall forthwith mail the
documents of process served, or a true copy thereof, to the person designated by
the insurer pursuant to rule of the commissioner for the purpose by prepaid
certified mail with return receipt requested. The insurer shall have forty days from
the date of service upon the commissioner within which to plead, answer, or
otherwise defend the action. Upon service of process upon the commissioner in
accordance with this provision, the court shall be deemed to have jurisdiction in
personam of the insurer.

(3) A nonadmitted insurer issuing such policy shall be deemed thereby to
have authorized service of process against it, in the manner and to the effect as
provided in this section, and to have appointed the commissioner as its agent for
service of process issuing upon any cause of action arising in this state under any
such policy. Any such policy shall contain a provision stating the substance of this
section and designating the person to whom the commissioner shall mail process as
provided in subsection (2) of this section.

Legislative History

Source: L. 49: p. 471, � 13. CSA: C. 87, � 330. CRS 53: � 72-14-13. C.R.S. 1963: � 72-13-13. L. 73: p. 848, � 4. L. 86: (2) amended, p. 556, � 7, effective July 1. L. 89: (2) amended, p. 438, � 9, effective July 1. L. 95: (1) and (3) amended, p. 496, � 15, effective May 16. L. 98: (2) amended, p. 228, � 2, effective April 10. L. 2001: (2) amended, p. 1213, � 41, effective January 1, 2002.