Regulation — Colorado

Colorado SB 21-169 + 3 CCR 702-10 Reg 10-1-1 — ECDIS testing + officer attestation

Colorado passed SB 21-169 in July 2021 (C.R.S. § 10-3-1104.9). The implementing regulation 3 CCR 702-10 Reg 10-1-1 took effect November 14, 2023. The 2026 Colorado DOI rulemaking extends the framework beyond life into auto + home. Every insurer using external consumer data or predictive models in a Colorado insurance practice owes an annual signed officer attestation.

What the regulation actually says

"An insurer shall not use any external consumer data and information source, as well as algorithms and predictive models using external consumer data and information sources, in a way that unfairly discriminates based on race, color, national or ethnic origin, religion, sex, sexual orientation, disability, gender identity, or gender expression." C.R.S. § 10-3-1104.9(3)(a) — the underlying statute

"Documented description of testing conducted to detect unfair discrimination in insurance practices resulting from the use of ECDIS, as well as algorithms and predictive models that use ECDIS, including the methodology, assumptions, results, and steps taken to address unfairly discriminatory outcomes." 3 CCR 702-10 Reg 10-1-1 Section 5.A.9 — unfair-discrimination testing record

"Documented description of ongoing monitoring regarding the performance of algorithms and predictive models that use ECDIS including accounting for model drift." 3 CCR 702-10 Reg 10-1-1 Section 5.A.10 — model-drift monitoring record

"… a narrative report summarizing compliance with the requirements in Section 5 … This report must be signed by an officer attesting to compliance with this regulation. In the event an insurer is unable to attest to compliance with this regulation, the insurer must submit to the Division a corrective action plan." 3 CCR 702-10 Reg 10-1-1 Section 6.B — annual officer attestation

What this means in plain English

The Colorado framework is the most concrete of the state-level rules:

Test for unfair discrimination. Written methodology + written assumptions + written results + written steps taken. All four. Post-hoc reconstruction usually fails on "assumptions" and "results."
Monitor for model drift. Ongoing, not one-time.
Sign an annual officer attestation. Personal signature. Or file a corrective action plan.

Colorado DOI has publicly stated it is prepared to bring enforcement actions against carriers that do not comply. Section 9 of Reg 10-1-1 authorizes civil penalties, cease-and-desist orders, and license suspension or revocation.

What triggers the exposure in the sample

I3 (age 25-45, mid credit tier, mixed urban/lower-income zip) decline / refer-SIU rate rose from 11% to 62% silently. Zip and credit map to proxies for the protected classes SB 21-169 names. The differential occurred without a written testing record showing methodology + assumptions + results + steps taken. Section 6.B's officer-attestation window is annual, and December 1 is the standing deadline.

What the $499 Snapshot shows against this rule

Written methodology (distributional-shape statistics, peer-reviewed math cited) — Section 5.A.9 methodology field
Written assumptions (thresholds active, baseline window, sensor version) — Section 5.A.9 assumptions field
Written results (drift events + severity + first-drift-day + group-differential) — Section 5.A.9 results field
Written steps taken (3 fix-first items + freeze/hold criteria) — Section 5.A.9 steps-taken field
Signed independent-verifier declaration — attachable evidence for the Section 6.B annual officer attestation

See the Colorado life-co variant one-pager (line-by-line reg mapping) →

How does this help me?

The December 1 annual attestation deadline does not care whether your written record was assembled in three weeks under pressure or produced in three business days ahead of time.

Read: Colorado -- what it saves you at the annual attestation window →

$499 Snapshot. 3 business days.

Written methodology + assumptions + results + steps taken. Signed independent-verifier declaration. All four Section 5.A.9 fields, on one record.

Buy $499

Snapshot credit applies to Baseline ($2,500) or Enterprise Attestation ($35-55K) upgrade within 30 days.