Statutes Authorizing Service of Process

Pursuant to Section 10-3-107, C.R.S. no foreign insurance company may transact business in this state until it appoints the Commissioner of Insurance as its registered agent. As a foreign insurer's registered agent, lawful service on the Commissioner binds the foreign insurance company as though it was served directly. An exception is made for those foreign insurance companies who maintain a home office or regional office in Colorado. For those companies service must be made on the registered agent at the home or regional office. Information on registered agents for foreign insurance companies maintaining a home or regional office is kept on file at the Division of Insurance. Please call Christine Gonzales-Ferrer (303) 894-2157 to obtain this information.

Also pursuant to Section 10-3-107, C.R.S., domestic insurance companies with a home office in Colorado are required to file with the Division of Insurance the name of the registered agent and address upon whom lawful service can be made. This information is kept on file at the Division of Insurance. Please call (303) 894-2157 to obtain this information.

Pursuant to Section 10-3-905 and 10-3-1003, C.R.S., the Commissioner of Insurance is an appointed agent to accept lawful process against unauthorized foreign or alien insurance companies transacting business in Colorado. To serve an unauthorized foreign company the statute requires that 2 copies of the pleadings be served on the DOI.  The individual serving the papers is required to provide the DOI with a last known address for the unauthorized foreign or alien company. It should be noted that these statutes do not prohibit or limit service of process upon such insurers by any other manner permitted by law, such as direct service on the insurer.

Pursuant to Section 10-5-114, C.R.S., the Commissioner of Insurance is the appointed agent to accept lawful process against surplus line insurers. Any party serving pleadings must provide the DOI with three copies of each document to be served.

Pursuant to Section 10-2-503, C.R.S. the Commissioner of Insurance is the appointed agent to accept lawful process against nonresident insurance producers. The statute requires three copies of the pleadings to be served. It is helpful for a last known address to be provided which may be more current than Division records for producers who have failed to notify the Division of address changes.

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How to File Service of Process on the Commissioner

Below is a chart to assist in filing service of process on the Commissioner:

How to Complete the UCSP Form

This form was developed as a result of communications and recommendations from several states as a uniform form for designating a registered agent for service of process. Reference is made to §10-3-107, C.R.S. dealing with Colorado requirements for service of process on insurers.

Colorado domiciled insurance companies must file information on their registered agent for service of process with the Colorado Secretary of State. The Uniform Consent to Service of Process is inapplicable.

Insurers domiciled in a state other than Colorado must complete and file the Uniform Consent to Service of Process form upon initial licensure, a change in the information previously provided or when filing certain Corporate Amendments. Generally insurers domiciled outside of Colorado will appoint the Commissioner of Insurance as the company's agent for service of process in Colorado UNLESS they have an approved Colorado Regional Home office. In this case they will appoint another entity/person (Resident Agent) within Colorado to receive service of process and notify the Commissioner of the identity in Exhibit A of the Uniform Consent to Service of Process.

When completing this form, the following tips should be taken into consideration:

• Exhibit A

• Upon designating the Commissioner of Insurance as the registered agent for service of process in accordance with §10-3-107 (1), C.R.S. the information to be included in Exhibit A must be the information for an entity physically located in Colorado selected by the insurance company to receive a copy of any process served upon the Commissioner as the registered agent for the insurance company.
  
  
• When designating a Resident Agent (for use when the company has an approved Colorado Regional Home Office) as the agent for service of process in accordance with §10-3-107 (1.5), C.R.S. the information to be included in Exhibit A must be the information dealing with the resident agent (same as registered agent) for service of process physically located in Colorado.
  
  
• The Board of Directors resolution must be the one included in the UCAA Uniform Consent to Service of Process form (page 3). Substitute resolutions are not acceptable.
  
  
• Make sure to sign and initial in the appropriate places on the form.
  
  
  

  Uniform Consent to Service of Process (Word Document)

  Uniform Consent to Service of Process (PDF Document)

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Our System: What Happens at the DOI

1. Service of Process must be made in accordance with Rule 4, C.R.C.P. (Colorado Rules of Civil Procedure).

2. After accepting service, the document information, such as the names of the plaintiff & defendant, are entered in to the Division of Insurance's database.  A document tracking number is assigned at this time.

3. A cover letter is generated to the company's main office.

4. Copies of the letter are made and attached with the documents. Copies of the process are mailed to the insurance company's main office by certified mail return receipt requested and to their Colorado designated agent by regular mail.

5. The Division copies are kept in a file with the return receipt attached.

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Most Frequently Asked Question & Answers

We are unable to accept Service of Process without the exact name of the insurance company. Since the Division of Insurance does not license groups or corporations, we will not be able to properly forward the service unless the exact company is identified. If you only have a group name (taken from letterhead, for example), please look through the insured's policy, or other available documentation for the correct name of the entity. If you can not find the exact insurance company name please contact the insurance company's main office and ask them for the correct name of the company issuing the insured's policy.

It is best to always contact the Division of Insurance first at (303) 894-2157 when asking for the registered agent of an insurance company so that we can guarantee you'll receive the correct information.

The documents do not need to include the Commissioner's name. The title "Commissioner of Insurance" will suffice.

Nothing in the insurance laws requires this and we are not authorized to give legal advice. Please see Rules 3 & 4, C.R.C.P. for the court rules on Service of Process and Commencement of Civil Actions.

No. Service of Process is used to give notice to the insurance company of the commencement of a civil action. Once your initial Service of Process has been received by the Insurance Commissioner and forwarded, the insurance company's attorneys should be sent directly all subsequent pleadings or documents resulting from this legal action.

Records for service of process are available to the public. All originals remain with the state, however if you need copies of documents please call the Division of Insurance to make an appointment for copying the material. Copies are 25¢ a page. We do not have adequate staff resources to take requests for copies by mail.

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