2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 64 - Health Care Availability Act
Part 2 - Periodic Payments of Tort Judgments
§ 13-64-207. Form of Funding

1. A judgment for periodic payments entered in accordance with this part 2 shall provide for payments to be funded in one or more of the following forms approved by the court:
   1. Annuity contract issued by a company licensed to do business as an insurance company under the laws of this state;
   2. An obligation or obligations of the United States;
   3. Evidence of applicable and collectible liability insurance from one or more qualified insurers;
   4. An agreement by one or more personal injury liability assignees to assume the obligation of the judgment debtor;
   5. An obligation of the state of Colorado or of a public entity other than the state which is self-insured as provided in section 24-10-115, 24-10-115.5, or 24-10-116, C.R.S.; or
   6. Any other satisfactory form of funding.

2. The court shall require that the annuity contract or other form of funding permitted by subsection (1) of this section show that portion of each periodic payment which is attributable to loss of future earnings and that portion attributable to all other future damages.

History. Source: L. 88: Entire article added, p. 616, § 1, effective July 1.

Section gives discretion to trial court in entering its judgment for periodic payments. Trial court not required to approve an order allowing defendant to purchase an annuity at a cost less than the jury's present value award even if the annuity pays the plaintiff the equivalent of the future value of damages. Garhart ex rel. Tinsman v. Columbia/HealthONE, L.L.C., 168 P.3d 512 (Colo. App. 2007).