HB 22-1398 CO

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Became Law

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 act 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.(Note: This summary applies to this bill as enacted.)

• Shannon Bird · primary
• Richard Holtorf · primary
• Chris Kolker Democratic · primary
• Larry Liston Republican · primary

1. May 27, 2022 Governor Signed · executive
2. May 20, 2022 Sent to the Governor · executive
3. May 20, 2022 Signed by the President of the Senate · upper
4. May 20, 2022 Signed by the Speaker of the House · lower
5. May 4, 2022 Senate Third Reading Passed - No Amendments · upper
6. May 3, 2022 Senate Second Reading Special Order - Passed - No Amendments · upper
7. May 2, 2022 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole · upper
8. Apr 29, 2022 Introduced In Senate - Assigned to Business, Labor, & Technology · upper
9. Apr 29, 2022 House Third Reading Passed - No Amendments · lower
10. Apr 28, 2022 House Second Reading Special Order - Passed - No Amendments · lower
11. Apr 27, 2022 House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole · lower
12. Apr 25, 2022 Introduced In House - Assigned to Business Affairs & Labor · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Signed Act (05/27/2022) · PDF
• Final Act (05/20/2022) · PDF
• Rerevised (05/04/2022) · PDF
• Revised (05/03/2022) · PDF
• Reengrossed (04/29/2022) · PDF
• Engrossed (04/28/2022) · PDF
• Introduced (04/25/2022) · PDF
• Committee Amendment · PDF