Colorado Code § 10-3-523

Actions by and against liquidator
Open in Lexace · Ask the AI about this section
(1) Upon issuance of an order appointing
a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or
equity or in arbitration shall be brought against the insurer or liquidator, whether in this state or
elsewhere, nor shall any such existing actions be maintained or further presented after issuance
of such order. The courts of this state shall give full faith and credit to injunctions against the
liquidator or the company or the continuation of existing actions against the liquidator or the
company, when such injunctions are included in an order to liquidate an insurer issued pursuant
to corresponding provisions in other states. Whenever, in the liquidator's judgment, protection of
the estate of the insurer necessitates intervention in an action against the insurer that is pending
outside this state, the liquidator may intervene in the action. The liquidator may defend any
action in which the liquidator intervenes under this section at the expense of the estate of the
insurer.
(2) The liquidator may, upon or after an order for liquidation, within two years or such
other longer time as applicable law may permit, institute an action or proceeding on behalf of the
estate of the insurer upon any cause of action against which the period of limitation fixed by
applicable law has not expired at the time of the filing of the petition upon which such order is
entered. Where, by any agreement, a period of limitation is fixed for instituting a suit or
proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice,
or the like, or where in any proceeding, judicial or otherwise, a period of limitation is fixed,
either in the proceeding or by applicable law, for taking any action, filing any claim or pleading,
or doing any act, and where in any such case the period had not expired at the date of the filing
of the petition, the liquidator may, for the benefit of the estate, take any such action or do any
such act required of or permitted to the insurer, if the liquidator does so within a period of one
hundred eighty days subsequent to the entry of an order for liquidation or within such further
period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party.
(3) No statute of limitation or defense of laches shall run with respect to any action
against an insurer between the filing of a petition for liquidation against the insurer and the
denial of the petition. Any action against the insurer that might have been commenced when the
petition was filed may be commenced for at least sixty days after the petition is denied.
(4) Any guaranty association or foreign guaranty association shall have standing to
appear in any court proceeding concerning the liquidation of an insurer if such association is or
may become liable to act as a result of the liquidation.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.