
The Colorado Division of Insurance’s current adoption of laws to manipulate life insurers’ use of any exterior shopper knowledge and knowledge sources is step one in implementing legislation permitted in 2021 aimed toward defending customers within the state from insurance coverage practices that may end in unfair discrimination.
Property/casualty insurers doing enterprise in Colorado needs to be keeping track of how the laws is carried out, as guidelines governing their use of third-party knowledge will definitely comply with.
The implementation laws, which have been characterised as a “scaling back” of a previous draft launch in February, require life insurers utilizing exterior knowledge to ascertain a risk-based governance and risk-management framework to find out whether or not such use would possibly end in unfair discrimination with respect to race and remediate unfair discrimination, if detected. If the insurer makes use of third-party distributors and different exterior assets, it’s accountable below the brand new guidelines for making certain all necessities are met.
Life insurers should check their algorithms and fashions to guage whether or not any unfair discrimination outcomes and implement controls and course of to regulate their use of AI, as mandatory. They additionally should preserve documentation together with descriptions and explanations of how exterior knowledge is getting used and the way they’re testing their use of exterior knowledge for unfair discrimination. The documentation have to be accessible upon the regulator’s request, and every insurer should report its progress towards compliance to the Division of Insurance.
The revised draft now not focuses on “disproportionately negative outcomes” that might have included outcomes or results that “have a detrimental impact on a group” of protected traits “even after accounting for factors that define similarly situated consumers.” Removing that time period altogether, the revised draft shifts focus to requiring “risk-based” governance and administration frameworks.
This change is critical. As Triple-I has expressed elsewhere, risk-based pricing of insurance coverage is a basic idea that may appear intuitively apparent when described – but misunderstandings about it repeatedly sow confusion. Simply put, it means providing completely different costs for a similar degree of protection, primarily based on threat components particular to the insured individual or property. If insurance policies weren’t priced this manner – if insurers needed to give you a one-size-fits-all value for auto protection that didn’t think about automobile kind and use, the place and the way a lot the automobile will probably be pushed, and so forth – lower-risk drivers would subsidize riskier ones.
Risk-based pricing permits insurers to supply the bottom attainable premiums to policyholders with probably the most favorable threat components. Charging greater premiums to insure higher-risk policyholders allows insurers to underwrite a wider vary of coverages, thus bettering each availability and affordability of insurance coverage. This simple idea turns into difficult when actuarially sound ranking components intersect with different attributes in methods that may be perceived as unfairly discriminatory.
Algorithms and machine studying maintain nice promise for making certain equitable pricing, however analysis has proven these instruments can also amplify any biases within the underlying knowledge. The insurance coverage and actuarial professions have been researching and trying to deal with these issues for a while (see checklist under).
Want to know extra in regards to the threat disaster and the way insurers are working to deal with it? Check out Triple-I’s upcoming Town Hall, “Attacking the Risk Crisis,” which will probably be held Nov. 30 in Washington, D.C.

Triple-I Research
Issues Brief: Risk-Based Pricing of Insurance
Issues Brief: Race and Insurance Pricing
Research from the Casualty Actuarial Society
Defining Discrimination in Insurance
Methods for Quantifying Discriminatory Effects on Protected Classes in Insurance
Understanding Potential Influences of Racial Bias on P&C Insurance: Four Rating Factors Explored
Approaches to Address Racial Bias in Financial Services: Lessons for the Insurance Industry
From the Triple-I Blog
Illinois Bill Highlights Need for Education on Risk-Based Pricing of Insurance Coverage
How Proposition 103 Worsens Risk Crisis in California
It’s Not an “Insurance Crisis” – It’s a Risk Crisis
IRC Outlines Florida’s Auto Insurance Affordability Problems
Education Can Overcome Doubts on Credit-Based Insurance Scores, IRC Survey Suggests
Matching Price to Peril Helps Keep Insurance Available and Affordable