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Legislative Year: 2022 Change
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Bill Detail: HB22-1398

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Title Insurance Companies' Registered Agents
Status Signed by the Speaker of the House (05/20/2022)
Bill Subjects
  • Health Care & Health Insurance
  • Insurance
House Sponsors S. Bird (D)
R. Holtorf (R)
Senate Sponsors L. Liston (R)
C. Kolker (D)
House Committee Business Affairs and Labor
Senate Committee Business, Labor and Technology
Date Introduced 04/25/2022
Summary

Under current law, with certain exceptions, an insurance company
that is formed by authority of any other state or government (foreign
insurance company) may not transact business in Colorado until it has
first appointed, in writing, the commissioner of insurance (commissioner)
to be the true and lawful attorney of the company in and for Colorado,
upon whom all lawful process in any action or proceeding against the
company may be served with the same effect as if the company existed in
Colorado. However, an insurance company that maintains a home office
or regional home office in Colorado is not subject to this requirement but
must instead file with the commissioner the name of a person designated
to receive service of process.
The bill removes the requirement that a foreign insurance company
appoint the commissioner as its lawful attorney for receipt of service of
process and instead requires each insurance company to designate a
registered agent for receipt of service of process regardless of whether the
insurance company maintains a home office or regional home office in
Colorado. However, service of process may be made on the commissioner
if:
  • An insurance company fails to appoint or maintain a
registered agent as required;
  • An insurance company's registered agent cannot be found
with reasonable diligence; or
  • An insurance company's certificate of authority is revoked.
If an individual reasonably relies on the list of registered agents
maintained by the commissioner and serves otherwise valid process on
the registered agent of an insurance company 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:
  • The individual may serve process upon the commissioner;
and
  • 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.

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with Amendments
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Fiscal Notes Fiscal Notes (04/27/2022) (most recent)  
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