Colorado Releases Notice of Regulation on AI and Life Insurance

Summary
On September 21, 2023, the Colorado Division of Insurance released a notice of new regulation that establishes “governance and risk management requirements for life insurers that use external consumer data and information sources (ECDIS), as well as algorithms and predictive models that use ECDIS.” The regulation is part of the Division’s effort to combat unfair discrimination against insurers. According to the regulation, life insurers in Colorado that use ECDIS or algorithms that use ECDIS would be required to perform annual quantitative testing to evaluate whether the insurers’ use of ECDIS are unfairly discriminatory based on the race or ethnicity of proposed insureds. The rule will become effective on November 14, 2023.