US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Colorado Code » Title 10 - Insurance » Article 3 - Regulation of Insurance Companies » Part 15 - Own Risk and Solvency Assessment (Orsa)

§ 10-3-1501. Purpose and Scope – Applicability – Legislative Declaration

The purpose of this part 15 is to provide the requirements for maintaining a risk management framework and completing an own risk and solvency assessment (ORSA) and provide guidance and instructions for filing an ORSA summary report with the commissioner. The requirements of this part 15 apply to all insurers domiciled in this state unless […]

§ 10-3-1502. Definitions

As used in this part 15, unless the context otherwise requires: “Insurance group” means, for the purpose of conducting an ORSA, those insurers and affiliates included within an insurance holding company system as defined in section 10-3-801 (5). “Insurer” has the same meaning as set forth in section 10-3-801 (6) and includes any political subdivision […]

§ 10-3-1503. Risk Management Framework

An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer. Source: L. […]

§ 10-3-1504. Orsa Requirement

Subject to section 10-3-1506, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA must be conducted no less than annually but also at any time when there are significant changes to the risk profile […]

§ 10-3-1505. Orsa Summary Report

Upon the commissioner’s request, and no more than once each year, an insurer shall submit to the commissioner an ORSA summary report or any combination of reports that together contain the information described in the ORSA guidance manual, applicable to the insurer or the insurance group of which it is a member or to both […]

§ 10-3-1506. Exemption

An insurer is exempt from the requirements of this part 15 if: The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the federal crop insurance corporation and national flood insurance program, less than five hundred million dollars; and The insurance group of which […]

§ 10-3-1507. Contents of Orsa Summary Report

The ORSA summary report must be prepared to be consistent with the ORSA guidance manual, subject to the requirements of subsection (2) of this section. Documentation and supporting information must be maintained and made available upon examination or upon request of the commissioner. The review of the ORSA summary report and any additional requests for […]

§ 10-3-1508. Confidentiality

Documents, materials, or other information, including the ORSA summary report, in the possession or control of the division of insurance that are obtained by, created by, or disclosed to the commissioner or any other person under this part 15, are recognized by this state as being proprietary and containing trade secrets. All documents, materials, or […]

§ 10-3-1509. Sanctions

Any insurer failing, without just cause, to timely file the ORSA summary report as required in this part 15 shall, after notice and hearing, pay a penalty of two hundred dollars for each day’s delay. The maximum penalty under this section is twenty-five thousand dollars. The commissioner may reduce the penalty if the insurer demonstrates […]

§ 10-3-1510. Rules

The commissioner may, upon notice and opportunity for all interested persons to be heard, issue rules and orders as are necessary to carry out this part 15. Source: L. 2016: Entire part added, (SB 16-029), ch. 32, p. 78, § 2, effective March 18.

§ 10-3-1511. Effective Date

The requirements of this part 15 are effective beginning with calendar year 2017. The first required filing of the ORSA summary report is in 2017 as specified in section 10-3-1505. An insurer that has maintained a risk management framework consistent with the requirements of this part 15 in calendar year 2016 may, but is not […]