Colorado Revised Statutes

Colo. Rev. Stat. § 7-109-108 (2026)

Insurance

✓ current as of July 2026

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A corporation may purchase and maintain insurance on behalf of a person who is or was a director, officer, employee, fiduciary, or agent of the corporation, or who, while a director, officer, employee, fiduciary, or agent of the corporation, is or was serving at the request of the corporation as a director, officer, agent, associate, employee, fiduciary, manager, member, partner, promoter, or trustee of, or in any other capacity with, another person or an employee benefit plan, against liability asserted against or incurred by the person in that capacity or arising from the person's status as a director, officer, employee, fiduciary, or agent, whether or not the corporation would have power to indemnify the person against the same liability under section 7-109-102, 7-109-103, or 7-109-107. Any such insurance may be procured from any insurance company designated by the board of directors, whether the insurance company is formed under the law of this state or any other jurisdiction of the United States or elsewhere, including any insurance company in which the corporation has an equity or any other interest through stock ownership or otherwise.

Source: L. 93: Entire article added, p. 793, § 1, effective July 1, 1994. L. 2003: Entire section amended, p. 2320, § 247, effective July 1, 2004. L. 2004: Entire section amended, p. 1501, § 268, effective July 1. L. 2019: Entire section amended, (SB 19-086), ch. 166, p. 1941, § 44, effective July 1, 2020.

Notes of Decisions

Cited in 1 case, 2000–2000 · leading case: Waskel v. Guar. Nat'l Corp., 23 P.3d 1214 (Colo. Ct. App. 2000).

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Waskel v. Guar. Nat'l Corp., 23 P.3d 1214 (Colo. Ct. App. 2000). · cites it 6× “2000, provides that a corporate officer is entitled to mandatory indemnification under § 7-109-108 to the same extent as a director and that a corporation may indemnify an employee, fiduciary, or agent to the same extent as a director.”

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