What Colorado’s New Information Rules Might Imply for Insurers, Brokers


What You Must Know

  • The brand new Colorado regulation will govern any use of an exterior client information and knowledge supply in reference to life insurance coverage.
  • Scott Kosnoff expects the division to take the same strategy for annuities.
  • He believes the regulation might have an effect on advertising and marketing methods.

The Colorado Division of Insurance coverage final week adopted main laws that can govern life insurers’ use of any “exterior client information and knowledge supply,” or ECDIS.

That definition seems to incorporate conventional information streams and analytical techniques in addition to synthetic intelligence-based techniques.

What might this imply for all times insurers, purchasers and monetary professionals?

Scott M. Kosnoff, a associate at Faegre Drinker, answered questions in regards to the Colorado laws through e mail. The solutions have been edited.

THINKADVISOR: How does Colorado’s regulation examine with different jurisdictions?

SCOTT KOSNOFF: Colorado’s statute and regulation make it distinctive on this space.

The Nationwide Affiliation of Insurance coverage Commissioners is engaged on a mannequin bulletin that builds upon the NAIC’s AI ideas, which have been adopted in 2020, and lays out regulatory expectations, together with with respect to governance; threat administration and inside controls; and third-party AI techniques.

As soon as the NAIC finalizes and adopts the bulletin, particular person states will think about whether or not they need to undertake the bulletin and, in that case, whether or not to make any modifications.

The California Division of Insurance coverage issued a bulletin regarding using AI, algorithms, Large Information and the necessity to keep away from unfair discrimination towards protected courses. It additionally held a workshop analyzing bias and discrimination in September 2022.

The New York Division of Monetary Providers retained an outdoor guide to conduct interviews relating to use of AI and machine studying by life insurers. 

Connecticut issued discover regarding use of Large Information and avoidance of discriminatory practices and requires a certification from home insurers.

The District of Columbia is investigating potential “unintentional bias,” starting with personal passenger auto, and it performed an information name earlier this 12 months.

How is Colorado’s strategy completely different from typical states?

Colorado’s statute adopts a definition of unfair discrimination that departs from the way in which the time period traditionally has been understood.

Colorado’s statute focuses on using exterior client information and knowledge sources, and never expressly on AI.

Colorado would require insurers to check for unfair discrimination, undertake a threat administration and governance framework and submit stories to the regulators.

What implications might the Colorado regulation have for merchandise aside from life insurance coverage?


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