CO Code § 24-10-115.5 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 10 - Governmental Immunity|§ 24-10-115.5. Authority for Public Entities to Pool Insurance Coverage

  Public entities may cooperate with one another to form a self-insurance pool to provide all or part of the insurance coverage authorized by this article or by section 29-5-111, C.R.S., for the cooperating public entities. Any such self-insurance pool may provide such coverage by the methods authorized in sections 24-10-115 (2) and 24-10-116 (2), by any different methods if approved by the commissioner of insurance, or by any combination thereof. Any such insurance pool shall be formed pursuant to the provisions of part 2 of article 1 of title 29, C.R.S. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of such self-insurance pool.    Any self-insurance pool authorized by subsection (1) of this section shall not be construed to be an insurance company nor otherwise subject to the laws of this state regulating insurance or insurance companies; except that the pool shall comply with the applicable provisions of sections 10-1-203 and 10-1-204 (1) to (5).    Prior to the formation of a self-insurance pool, there shall be submitted to the commissioner of insurance a complete written proposal of the pool's operation, including, but not limited to, the administration, claims adjusting, membership, and capitalization of the pool. The commissioner shall review the proposal within thirty days after receipt to assure that proper insurance techniques and procedures are included in the proposal. After such review, the commissioner shall have the right to approve or disapprove the proposal. If the commissioner approves the proposal, he shall issue a certificate of authority. The costs of such review shall be paid by the public entities desiring to form such a pool. Any such payment received by the commissioner is hereby appropriated to the division of insurance in addition to any other funds appropriated for its normal operation.    Each self-insurance pool for public entities created in this state shall file, with the commissioner of insurance on or before March 30 of each year, a written report in a form prescribed by the commissioner, signed and verified by its chief executive officer as to its condition. Such report shall include a detailed statement of assets and liabilities, the amount and character of the business transacted, and the moneys reserved and expended during the year.    The commissioner of insurance, or any person authorized by him, shall conduct an insurance examination at least once a year to determine that proper underwriting techniques and sound funding, loss reserves, and claims procedures are being followed. This examination shall be paid for by the self-insurance pool out of its funds at the same rate as provided for foreign insurance companies under section 10-1-204 (9), C.R.S.      The certificate of authority issued to a public entity under this section may be revoked or suspended by the commissioner of insurance for any of the following reasons: (6) (a) The certificate of authority issued to a public entity under this section may be revoked or suspended by the commissioner of insurance for any of the following reasons:   Insolvency or impairment;    Refusal or failure to submit an annual report as required by subsection (4) of this section;    Failure to comply with the provisions of its own ordinances, resolutions, contracts, or other conditions relating to the self-insurance pool;    Failure to submit to examination or any legal obligation relative thereto;    Refusal to pay the cost of examination as required by subsection (5) of this section;    Use of methods which, although not otherwise specifically proscribed by law, nevertheless render the operation of the self-insurance pool hazardous, or its condition unsound, to the public;    Failure to otherwise comply with the law of this state, if such failure renders the operation of the self-insurance pool hazardous to the public.       If the commissioner of insurance finds upon examination, hearing, or other evidence that any participating public entity has committed any of the acts specified in paragraph (a) of this subsection (6) or any act otherwise prohibited in this section, the commissioner may suspend or revoke such certificate of authority if he deems it in the best interest of the public. Notice of any revocation shall be published in one or more daily newspapers in Denver which have a general state circulation. Before suspending or revoking any certificate of authority of a public entity, the commissioner shall grant the public entity fifteen days in which to show cause why such action should not be taken.       Any public entity pool formed under this article and under article 13 of title 29, C.R.S., and the members thereof, may combine and commingle all funds appropriated by the members and received by the pool for liability or property insurance or self-insurance or for other purposes of the pool.      Any self-insurance pool organized pursuant to this section may invest in securities meeting the investment requirements established in part 6 of article 75 of this title and may also invest in membership claim deductibles and in any other security or other investment authorized for such pools by the commissioner of insurance. (8) (a) Any self-insurance pool organized pursuant to this section may invest in securities meeting the investment requirements established in part 6 of article 75 of this title and may also invest in membership claim deductibles and in any other security or other investment authorized for such pools by the commissioner of insurance.    Any public entity which is a member of a self-insurance pool which is organized pursuant to this section or any instrumentality formed by two or more of such members may invest in subordinated debentures issued by such self-insurance pool.       In addition to liability coverage pursuant to subsection (1) of this section and property coverage pursuant to section 29-13-102, C.R.S., a self-insurance pool authorized by subsection (1) of this section may provide workers' compensation coverage pursuant to section 8-44-204, C.R.S., and firefighter heart and circulatory malfunction benefits pursuant to section 29-5-302, C.R.S.     Source: L. 77: Entire section added, p. 1161, § 1, effective March 16. L. 79: (2), (3), and (4) amended and (6) added, p. 863, § 6, effective July 1. L. 86: (1) amended, p. 880, § 14, effective July 1. L. 88: (1) amended, p. 427, § 2, effective April 20. L. 89: (9) added, p. 1019, § 1, effective April 4; (8) added, p. 1106, § 4, effective July 1. L. 90: (9) amended, p. 568, § 46, effective July 1. L. 92: (2) and (5) amended, pp. 1500, 1613, §§ 37, 169, effective July 1. L. 99: (4) amended, p. 686, § 4, effective August 4. L. 2014: (9) amended, (SB 14-172), ch. 325, p. 1427, § 3, effective January 1, 2015. L. 2017: (2) amended, (HB 17-1231), ch. 284, p. 1576, § 15, effective January 1, 2018.   ANNOTATION   <b> Under the plain language of this section, public entity self-insurance pools such as Colorado intergovernmental risk sharing agency are not to be construed to be insurance companies </b> and are not otherwise subject to state laws regulating insurance companies except <cite class="occo"><a href="gov.co.crs.title.10.html#t10-generalprovisions-ar01-p02-s10-1-203" target="_blank">§§ 10-1-203</a></cite>, <cite class="occo"><a href="gov.co.crs.title.10.html#t10-generalprovisions-ar01-p02-s10-1-204" target="_blank"> 10-1-204</a></cite> (1) to (5) and (10). City of Arvada v. Colo. Intergovernmental Risk Sharing Agency, 988 P.2d 184 (Colo. App. 1999), aff'd, 19 P.3d 10 (Colo. 2001).