C.R.S. Section 10-4-508
Powers and duties of association

(1)

The association shall:

(a)

Intentionally left blank —Ed.

(I)

Be obligated to the extent of the covered claims existing prior to a determination of insolvency and arising within thirty days after the determination of insolvency, or before the policy expiration date, if less than thirty days after such determination, or before the insured replaces the policy or on request effects cancellation, if the insured does so within thirty days after such determination, but such obligation includes only that amount of each covered claim that is less than fifty thousand dollars; except that:

(A)

For an order of liquidation with a finding of insolvency by a court of competent jurisdiction entered between July 1, 1988, and August 10, 2011, such obligation includes only that amount of each covered claim that is less than one hundred thousand dollars;

(B)

For an order of liquidation with a finding of insolvency by a court of competent jurisdiction entered on or after August 10, 2011, such obligation includes only that amount of each covered claim that is less than three hundred thousand dollars; and

(C)

Notwithstanding sub-subparagraph (A) or (B) of this subparagraph (I), the association shall pay the full amount of any covered claim arising out of workers’ compensation policies.

(II)

In no event is the association obligated to a policyholder or claimant in an amount in excess of the face amount of the policy from which the claim arises.

(III)

Notwithstanding any other provision of this part 5, a covered claim does not include any claim filed with the guaranty fund after the earlier of:

(A)

Twenty-four months after the date of the order of liquidation; or

(B)

The final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer.

(b)

Be deemed the insurer to the extent of its obligation on the covered claims and to such extent shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent;

(c)

Allocate claims paid and expenses incurred among the three accounts separately and assess member insurers amounts separately for each account necessary to pay: The obligations of the association under paragraph (a) of this subsection (1) subsequent to an insolvency; the expenses of handling covered claims subsequent to an insolvency; the cost of examinations under section 10-4-513; and other expenses authorized by this part 5. The assessments of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year on the kinds of insurance in the account bears to the net direct written premiums of all member insurers for the preceding calendar year on the kinds of insurance in the account. Each member insurer shall be notified of the assessment not later than thirty days before it is due. No member insurer may be assessed in any year on any account an amount greater than two percent of that member insurer’s net direct written premiums for the preceding calendar year on the kinds of insurance in the account. If the maximum assessment, together with the other assets of the association in any account, does not provide in any one year in any account an amount sufficient to make all necessary payments from that account, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available. The association may defer, in whole or in part, the assessment of any member insurer, if the assessment would cause the member insurer’s financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance; but during the period of deferment no dividends shall be paid to shareholders or policyholders. Deferred assessments shall be paid when such payment will not reduce capital and surplus below required minimums. Such payment shall be refunded to those companies receiving larger assessments by virtue of such deferment or, in the discretion of any such company, credited against future assessments. Each member insurer may set off against any assessment authorized payments made on covered claims and expenses incurred in the payment of such claims by the member insurer if they are chargeable to the account for which the assessment is made.

(d)

Investigate claims brought against the association and adjust, compromise, settle, and pay covered claims to the extent of the association’s obligation, and deny all other claims, and may review settlements, releases, and judgments to which the insolvent insurer or its insureds were parties to determine the extent to which such settlements, releases, and judgments may be properly contested;

(e)

Notify such persons as the commissioner directs under section 10-4-510 (2)(a);

(f)

Handle claims through its employees or through one or more insurers or other persons designated as servicing facilities. Designation of a servicing facility is subject to the approval of the commissioner, but such designation may be declined by a member insurer.

(g)

Reimburse each servicing facility for obligations of the association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the association and shall pay the other expenses of the association authorized by this part 5.

(2)

The association may:

(a)

Employ or retain such persons as are necessary to handle claims and perform other duties of the association;

(b)

Borrow funds necessary to effect the purposes of this part 5 in accord with the plan of operation;

(c)

Sue or be sued, and such power to sue includes the power and right to intervene as a party before any court in this state that has jurisdiction over an insolvent insurer, as defined in section 10-4-503 (5);

(d)

Negotiate and become a party to such contracts as are necessary to carry out the purpose of this part 5;

(e)

Perform such other acts as are necessary or proper to effectuate the purposes of this part 5;

(f)

Refund to the member insurers in proportion to the contribution of each member insurer to that account that amount by which the assets of the account exceed the liabilities, if, at the end of any calendar year, the board of directors finds that the assets of the association in any account exceed the liabilities of that account as estimated by the board of directors for the coming year.

Source: Section 10-4-508 — Powers and duties of association, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-10.­pdf (accessed Oct. 20, 2023).

10–4–101
Legislative declaration 10–4–102
Federal “voluntary fair access to insurance required, property insurance program” - state qualification 10–4–103
Voluntary partial payment of liability claims without admission of liability 10–4–104
Competency of minor to contract for insurance - nonavoidance 10–4–105
Valuation of bonds and policies other than life 10–4–106
Assigned risks 10–4–106.5
Medical malpractice insurers - requirement to provide information to the department of public health and environment 10–4–107
Cancellation of medical malpractice policies 10–4–108
Notice 10–4–109
Nonrenewal of medical malpractice policies 10–4–109.5
Notice of intent prior to unilateral increase in premium or decrease in coverage previously provided in medical malpractice policies 10–4–109.6
Medical malpractice insurers - protections relating to reproductive health care - definition 10–4–109.7
Notice of intent prior to cancellation of certain policies of insurance 10–4–110
Notice of intent prior to nonrenewal of certain policies of insurance 10–4–110.3
Exclusions where claim involves sexual misconduct - void 10–4–110.4
Exclusion - claims involving loss in progress not known to insured 10–4–110.5
Notice of intent prior to unilateral increase in premium or decrease in coverage previously provided in certain policies of insurance 10–4–110.6
Homeowner’s insurance - definition 10–4–110.7
Cancellation or nonrenewal - homeowner’s insurance policies 10–4–110.8
Homeowner’s insurance - prohibited and required practices - estimates of replacement value - additional living expense coverage - copies of policies - personal property contents coverage - inventory of personal property - requirements concerning total loss scenarios resulting from wildlife disasters - definitions - rules 10–4–110.9
Fire insurance - issuance and renewal of policies within federally designated disaster areas 10–4–111
Summary disclosure forms required 10–4–112
Property damage - time of payment 10–4–113
Exemptions 10–4–114
Requirements on hazard insurance coverage for loans secured by real property 10–4–115
Private utilization review 10–4–116
Use of credit information 10–4–117
Loss history information report - notice to insured - definition 10–4–118
Severability 10–4–119
Monthly and electronic payment of premiums 10–4–120
Unfair or discriminatory trade practices - legislative declaration 10–4–121
Authority of insurer to protect policyholders’ property - emergency 10–4–301
Bond executed by surety company 10–4–302
Release of surety - other security 10–4–303
Application for release of surety - refund 10–4–304
Place of deposit 10–4–305
Bond part of expense 10–4–401
Purpose - applicability 10–4–402
Definitions 10–4–403
Standards for rates - competition - procedure - requirement for independent actuarial opinions regarding 1991 legislation 10–4–404
Rate administration 10–4–404.5
Rating plans - property and casualty type II insurers - rules 10–4–405
Filing of rating information - certain coverages 10–4–406
Review of filings - certain coverages 10–4–407
Hearings 10–4–408
Rating organization - study of workers’ compensation rates - premium reductions - adoption of rules 10–4–409
Rates furnished - cooperation among organizations 10–4–410
Advisory organizations 10–4–411
Joint underwriting 10–4–412
Assigned risk motor vehicle insurance 10–4–413
Records required to be maintained 10–4–414
Examinations 10–4–415
Prohibition against anticompetitive behavior 10–4–416
Prohibiting changes in rates or coverages 10–4–417
False or misleading information 10–4–418
Enforcement procedures - penalties 10–4–419
Claims-made policy forms 10–4–419.5
Workers’ compensation form certification 10–4–420
Risk management procedures 10–4–421
Notice of rate increases and decreases 10–4–501
Short title 10–4–502
Legislative declaration 10–4–503
Definitions 10–4–504
Scope 10–4–505
Construction 10–4–506
Colorado insurance guaranty association 10–4–507
Board of directors 10–4–508
Powers and duties of association 10–4–508.5
Aggregate liability of association 10–4–509
Plan of operation 10–4–510
Duties and powers of commissioner 10–4–511
Effect of paid claims 10–4–512
Nonduplication of recovery 10–4–513
Prevention of insolvencies 10–4–514
Examination of association 10–4–515
Tax exemption 10–4–516
Recognition of assessments in rates 10–4–517
Immunity 10–4–518
Stay of proceedings 10–4–519
Termination - distribution of funds 10–4–520
Advertising 10–4–601
Definitions 10–4–601.5
Administrative authority 10–4–602
Basis for cancellation 10–4–603
Notice 10–4–604
Nonrenewal 10–4–604.5
Issuance or renewal of insurance policies - proof of insurance provided by certificate, card, or other media 10–4–605
Proof of notice 10–4–606
Further notice 10–4–607
Immunity 10–4–608
Exemptions 10–4–609
Insurance protection against uninsured motorists - applicability 10–4–610
Property damage protection against uninsured motorists 10–4–611
Elimination of discounts - damage by uninsured motorist 10–4–613
Glass repair and replacement 10–4–614
Inflatable restraint systems - replacement - verification of claims - definition 10–4–615
Motorist insurance identification database program - reporting required - fine 10–4–616
Disclosure of credit reports 10–4–617
Insurers - biannual fee - auto theft prevention authority 10–4–619
Coverage compulsory 10–4–620
Required coverage 10–4–621
Required coverages are minimum 10–4–622
Required provision for intrastate and interstate operation 10–4–623
Conditions and exclusions 10–4–624
Self-insurers 10–4–625
Premium payments 10–4–626
Prohibited reasons for nonrenewal or refusal to write policy of automobile insurance applicable to this part 6 10–4–627
Discriminatory standards - premiums - surcharges - proof of financial responsibility requirements 10–4–628
Refusal to write - changes in - cancellation - nonrenewal of policies prohibited 10–4–629
Cancellation - renewal - reclassification 10–4–630
Exclusion of named driver 10–4–632
Reduction in rates for drivers aged fifty-five years or older who complete driver’s education course - legislative declaration 10–4–633
Certification of policy and notice forms 10–4–633.5
Automobile insurance policies - plain language required - rules 10–4–634
Assignment of payment for covered benefits 10–4–635
Medical payments coverage - exceptions - definitions 10–4–636
Disclosure requirements for automobile insurance products offered - rules 10–4–637
No discrimination by profession 10–4–638
Retroactive adjustment of health-care service claims 10–4–639
Claims practices for property damage 10–4–640
Operator’s policy of insurance 10–4–641
Rules - medical payments coverage 10–4–642
Prompt payment of direct benefits - legislative declaration - definitions 10–4–643
Electronic claim forms - rules 10–4–1001
Short title 10–4–1002
Definitions 10–4–1003
Disclosure of information 10–4–1004
Evidence - confidential 10–4–1005
Immunity 10–4–1006
Enforcement 10–4–1007
Penalty 10–4–1008
Municipal ordinances - concurrent jurisdiction - common law 10–4–1009
Continuing duties of insurers - unfair claim settlement practices 10–4–1201
Definitions 10–4–1202
Minimum standards 10–4–1203
Disclosure 10–4–1204
Penalties 10–4–1205
Applicability 10–4–1206
Effective date 10–4–1301
Legislative declaration 10–4–1302
Definitions 10–4–1303
Temporary joint underwriting association 10–4–1304
Board of directors - authority 10–4–1305
Plan of operation - annual certification 10–4–1306
Deficits - assessment - rebate of surplus 10–4–1307
Annual statements 10–4–1308
Examinations 10–4–1309
Legislative declaration - authority of commissioner - emergency rules - judicial review 10–4–1310
Privileged communications 10–4–1311
Tax exemption 10–4–1401
Legislative declaration 10–4–1402
Rules 10–4–1403
Exemption from rate filing, approval, and form certification requirements 10–4–1404
Multistate insurance risks - choice of law 10–4–1501
Definitions 10–4–1502
Licensure of vendors 10–4–1503
Requirements for sale of portable electronics insurance 10–4–1504
Authority of vendors of portable electronics 10–4–1505
Suspension or revocation of license 10–4–1506
Termination of portable electronics insurance 10–4–1507
Application for license - fees 10–4–1601
Definitions 10–4–1602
Exemptions 10–4–1603
Requirements for sale of consumer goods service contracts - definitions 10–4–1604
Obligations of reimbursement insurance companies 10–4–1605
Required disclosures - reimbursement insurance policy 10–4–1606
Required disclosures - service contracts 10–4–1607
Prohibited acts 10–4–1608
Required record keeping 10–4–1609
Enforcement provisions - rules 10–4–1701
Definitions 10–4–1702
Authority to issue license 10–4–1703
License - application - restrictions 10–4–1704
Disclosures to occupant 10–4–1705
Supervision of issuance - training 10–4–1706
Compensation 10–4–1707
Exemption from requirements 10–4–1708
Notification 10–4–1709
Enforcement 10–4–1801
Short title 10–4–1802
Legislative declaration 10–4–1803
Definitions 10–4–1804
Fair access to insurance requirements plan association - creation - participation required 10–4–1805
Fair access to insurance requirements plan association - board of directors - membership - duties 10–4–1806
FAIR plan - plan requirements - insurer requirements 10–4–1807
Plan of operation - mandatory components - amendments - revocation by commissioner - rules 10–4–1808
FAIR plans - requirements for licensed producers 10–4–1809
Assessment of fees 10–4–1810
Enforcement - suspension or revocation of certificate of authority - fines 10–4–1811
Appeals - judicial review 10–4–1812
Rules
Green check means up to date. Up to date

Current through Fall 2024

§ 10-4-508’s source at colorado​.gov