2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › REGULATION OF INSURANCE COMPANIES (§§ 10-3-101 — 10-3.5-111) › Article 3 - REGULATION OF INSURANCE COMPANIES (§§ 10-3-101 — 10-3-1716) › Part 1 - GENERAL (§§ 10-3-101 — 10-3-131) › Section 10-3-107 - Appointment of registered agent to receive service of process - commissioner required to maintain list - when service of process may be made on commissioner

(1)
(a)
An insurance company shall not engage in the business of insurance in this state unless it has filed with the commissioner the name of a registered agent in this state designated to receive service of process.
(b)
The commissioner shall maintain a list of registered agents that are designated to receive service of process pursuant to subsection (1)(a) of this section and shall make information from the list available to any person upon request. Each insurance company must report any change in the registered agent designated to receive service of process to the commissioner within ten days after making the change.
(c)
The information required to be filed with the commissioner pursuant to this subsection (1) may be filed in an electronic format.
(2)
Notwithstanding subsection (1) of this section, service of process may be made on the commissioner if:
(a)
An insurance company fails to appoint or maintain a registered agent as required by subsection (1) of this section;
(b)
An insurance company's registered agent under subsection (1) of this section cannot be found with reasonable diligence; or
(c)
An insurance company's certificate of authority is revoked.
(3)
If an individual reasonably relies on the list of registered agents maintained by the commissioner pursuant to subsection (1)(b) of this section and serves otherwise valid process on an insurance company's registered agent so designated in the list, and it is later determined that the registered agent listed by the commissioner is not the correct registered agent properly designated by the company, then:
(a)
The individual may serve process upon the commissioner; and
(b)
If the individual uses due diligence to serve the commissioner, the applicable statute of limitations is tolled for the period of time beginning when the incorrect registered agent received service of process and ending when the commissioner receives service of process.
(4)
Whenever lawful process against any insurance company is served upon the commissioner, three copies shall be furnished, and the commissioner shall forward a copy of the process to the secretary of the company or, in case of companies of foreign countries, to the resident manager in this country, and the commissioner shall also forward a copy of the process to the general agent of said company in this state.
Amended by 2022 Ch. 270,§1, eff. 8/10/2022.
L. 13: p. 339, § 22. C.L. § 2492. CSA: C. 87, § 20. L. 49: p. 473, § 19. CRS 53: § 72-1-33. C.R.S. 1963: § 72-1-33. L. 73: p. 847, § 1. L. 86: (2) amended, p. 554, § 2, effective July 1. L. 89: (2) amended, p. 436, § 4, effective July 1. L. 91: (2) amended, p. 1228, § 2, effective June 5; (1.5) added, p. 1243, § 4, effective July 1. L. 2004: (1) and (1.5)(b) amended, p. 1059, § 4, effective July 1.
2022 Ch. 270, was passed without a safety clause. See Colo. Const. art. V, § 1(3).