Colorado § 10-5-114 - Actions against insurer - service.
Full text of Colorado Colorado Revised Statutes § 10-5-114 — Actions against insurer - service., with citation guidance and answers to common questions.
§ 10-5-114. Actions against insurer - service.
(1) A nonadmitted insurer may be sued, upon any cause of action arising in this state under any contract issued by it as a surplus line contract, pursuant to this article, in the district court of the county in which the cause of action arose.
(2) Service of legal process against the insurer may be made in any such action by service upon the commissioner. The commissioner shall forthwith mail the documents of process served, or a true copy thereof, to the person designated by the insurer pursuant to rule of the commissioner for the purpose by prepaid certified mail with return receipt requested. The insurer shall have forty days from the date of service upon the commissioner within which to plead, answer, or otherwise defend the action. Upon service of process upon the commissioner in accordance with this provision, the court shall be deemed to have jurisdiction in personam of the insurer.
(3) A nonadmitted insurer issuing such policy shall be deemed thereby to have authorized service of process against it, in the manner and to the effect as provided in this section, and to have appointed the commissioner as its agent for service of process issuing upon any cause of action arising in this state under any such policy. Any such policy shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process as provided in subsection (2) of this section.
Source: L. 49: p. 471, § 13. CSA: C. 87, § 330. CRS 53: § 72-14-13. C.R.S. 1963: § 72-13-13. L. 73: p. 848, § 4. L. 86: (2) amended, p. 556, § 7, effective July 1. L. 89: (2) amended, p. 438, § 9, effective July 1. L. 95: (1) and (3) amended, p. 496, § 15, effective May 16. L. 98: (2) amended, p. 228, § 2, effective April 10. L. 2001: (2) amended, p. 1213, § 41, effective January 1, 2002.
Cross references: For service of legal process, see § 10-3-1003.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 10-5-114
What does Colorado Revised Statutes § 10-5-114 cover?
Section 10-5-114 ("Actions against insurer - service.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 10-5-114?
A common citation format is "Colorado Revised Statutes § 10-5-114" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 10-5-114 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.