Colorado Protecting Consumers from Unfair Discrimination in Insurance Practices — Bias & Discrimination Prevention

Q: Does Colorado Protecting Consumers from Unfair Discrimination in Insurance Practices require Bias & Discrimination Prevention?

Yes. Colorado Protecting Consumers from Unfair Discrimination in Insurance Practices addresses Bias & Discrimination Prevention through 1 provision.

Does Colorado Protecting Consumers from Unfair Discrimination in Insurance Practices require Bias & Discrimination Prevention?

Colorado • enforcing

Yes — 1 provision

Requirements at a glance

This regulation imposes 3 specific requirements for Bias & Discrimination Prevention across 1 provision:

Non-discrimination — Insurers must not unfairly discriminate in a covered insurance practice; pursuant to commissioner rules, they must not use ECDIS or algorithms and predictive models using ECDIS in a way that unfairly discriminates based on protected characteristics (§ 10-3-1104.9(1))
Protected classes — Race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, gender expression
Demonstration obligation — The commissioner adopts rules by insurance type and practice establishing means for insurers to demonstrate, to the extent practicable, testing of whether covered ECDIS uses unfairly discriminate (§ 10-3-1104.9(3)(a))

Prohibition on Algorithmic Discrimination in Insurance

Obligation:: Bias Prevention

enforcing

Effective:: Sep 7, 2021

Risk tier:: high-risk

Scope:: Insurers engaged in covered insurance practices; § 10-3-1104.9 excludes title insurance, specified qualified-surety bonds, and commercial insurance policies other than business owners' or commercial general liability policies with annual premiums of USD 10,000 or less

sleeper

Section 10-3-1104.9(1)(a) bars unfair discrimination in any covered insurance practice. Subsection (1)(b) separately bars discriminatory use of external consumer data and information sources (ECDIS), and algorithms or predictive models using ECDIS, pursuant to commissioner rules. The statute's insurance-line exclusions and rule-specific obligations limit this record.

Requirements

Requirement	Details
Non-discrimination	Insurers must not unfairly discriminate in a covered insurance practice; pursuant to commissioner rules, they must not use ECDIS or algorithms and predictive models using ECDIS in a way that unfairly discriminates based on protected characteristics (§ 10-3-1104.9(1))
Protected classes	Race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, gender expression
Demonstration obligation	The commissioner adopts rules by insurance type and practice establishing means for insurers to demonstrate, to the extent practicable, testing of whether covered ECDIS uses unfairly discriminate (§ 10-3-1104.9(3)(a))

Penalties

Violation	Fine
Commissioner order after hearing	Up to USD 3,000 per act or violation, aggregate USD 30,000; if an insurer knew or reasonably should have known of a violation, up to USD 30,000 per act or violation, aggregate USD 750,000 annually. License suspension or revocation may also apply (§ 10-3-1108(1))

Sources: SB 21-169 Text Colorado DOI notice of adoption, Amended Regulation 10-1-1 Colorado DOI-linked amended Regulation 10-1-1 PDF Colorado Revised Statutes 2026, Title 10

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