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Home » US Law » 2022 Colorado Code » Title 10 - Insurance » Article 12 - Mutual Insurance » Part 4 - Mutual Insurance Companies

§ 10-12-401. Legislative Declaration

It is the intent of the general assembly by the enactment of this part 4 that the legal existence and status of mutual insurance companies formed under this part 4 and the members thereof be recognized beyond the limits of this state and that, subject to any reasonable registration requirements, any such mutual insurance company […]

§ 10-12-402. Scope of Provisions

This part 4 shall apply to all domestic and foreign mutual insurers, including captive insurance companies organized as mutual insurers, transacting or being organized to transact any of the kinds of business for which insurance companies regulated by this title are permitted. Source: L. 91: Entire part added, p. 1219, § 1, effective May 24.

§ 10-12-403. Mutual Insurer Defined

For purposes of this part 4, a “mutual” insurer is an insurance corporation without capital stock, owned by its policyholders collectively, who have the right to vote in the election of its directors. Source: L. 91: Entire part added, p. 1219, § 1, effective May 24.

§ 10-12-404. Company Name

The corporate name of any company organized under this article shall contain the word “mutual” and shall not be the same as and shall be distinguishable on the records of the secretary of state from the name of any domestic company or of any foreign or alien company authorized to transact business in this state. […]

§ 10-12-405. Applicability of Other Code and Corporation Code Provisions

Domestic mutual insurers, incorporating or qualifying to transact any or all of the classes of insurance designated in section 10-3-102, shall be subject to all provisions of this title generally applicable to other incorporated insurers, specifically including the provisions of article 3 of this title, and in case of conflict between this part 4 and […]

§ 10-12-406. Lines of Business

When permitted by its articles of incorporation, a company may be organized under this part 4 to make insurance to the same extent and for the same purposes as permitted for domestic insurance companies under section 10-3-102 or for captive insurance companies under section 10-6-107. Source: L. 91: Entire part added, p. 1220, § 1, […]

§ 10-12-407. Bylaws

The bylaws shall provide that each policyholder of the company shall be a member of the company and shall be entitled to one or more votes based upon the amount of insurance in force, the number of policies held, or the amount of premium paid, as shall be stated in such bylaws. The bylaws may […]

§ 10-12-408. Liability of Members

A member of a mutual insurance company organized under this article is not liable to any other member, to the company, or to any creditor of the company for the payment of losses or expenses of the company beyond payment of premiums for insurance issued to such member, nor may any member be assessed for […]

§ 10-12-409. Dividends

The board of directors or trustees of any company which is subject to the provisions of this part 4 and which writes life, accident, or accident and health insurance may declare dividends to its members. After retaining sufficient funds for the payment by the company of all outstanding policy and other obligations, the board of […]

§ 10-12-410. Insolvency or Impairment of Mutual Insurance Company

A mutual insurance company is deemed insolvent when its admitted assets are less than all of its liabilities, excluding from such liabilities the aggregate amount of its guaranty fund, and is deemed impaired when its admitted assets are less than its liabilities, including as a liability the aggregate amount of its guaranty fund, or when […]