2021 Colorado Code
Title 7 - Corporations and Associations
Article 123 - Purposes and Powers
§ 7-123-105. Actions Against Nonprofit Corporations
Any other provision of law to the contrary notwithstanding, any civil action permitted under the law of this state may be brought against any nonprofit corporation, and the assets of any nonprofit corporation that would, but for articles 121 to 137 of this title, be immune from levy and execution on any judgment shall nonetheless be subject to levy and execution to the extent that such nonprofit corporation would be reimbursed by proceeds of liability insurance policies carried by it were judgment levied and executed against its assets.
History. Source: L. 97: Entire article added, p. 667, § 3, effective July 1, 1998. L. 2003: Entire section amended, p. 2337, § 288, effective July 1, 2004.
ANNOTATION
The existence and amount of a nonprofit or charitable defendant's liability insurance provides no basis for limiting a judgment against the defendant. The issue of liability insurance is relevant only when a plaintiff seeks to levy and execute on a judgment. Wycoff v. Grace Cmty. Church, 251 P.3d 1260 (Colo. App. 2010).
