Colorado Governor Jared Polis and state Insurance Commissioner Michael Conway have signed insurance reform legislation targeting practices that disproportionately harm communities of color, or people on the basis of their sex, sexual orientation, or gender identity. The legislation will require insurers to demonstrate that their use of external data and complicated algorithms do not discriminate on the basis of the above classes, and will help guarantee that citizens do not overpay for coverage or become unfairly targeted by insurance companies because of who they intrinsically are.

The law, SB 169, identifies the classes that "must be protected from discrimination in the "marketing, underwriting, pricing, utilization management, and reimbursement methodologies, and claims management in the transaction of insurance." The law instructs the Insurance Commissioner to take input from companies and consumers and adopt rules to ensure that insurers' use of data and models does not result in harmful discrimination. The rules must also give companies the opportunity to mitigate any biases found in their algorithms.

It is an industry practice for auto-insurers to use non-driving characteristics like credit history, gender, education, and marital status to calculate premiums. Using these characteristics has disproportionately impacted people of color and other protected classes. These practices also perpetuate systematic bias.

Although this bill does not prohibit the use of credit history in setting insurance premiums, it prevents insurers from using any external consumer data, information, algorithms, or predictive models that disproportionately harm members of any protected class. In order to use factors such as credit history in the future, insurers will need to ensure those factors do not disproportionately harm people of color and take steps to mitigate unfair practices.

A study by the Consumer Federation of America, using premium quotes for a 35-year-old with a perfect driving record, from ten of the largest insurers in Colorado for every ZIP code in the state and found that with excellent credit scores, a driver can expect to pay an annual average premium of $592.11, while a driver with fair credit can expect to pay an annual average premium of $785.67, and a driver with a poor credit score can see the average premium increase by 72 percent, to $1,019 for the same coverage even with a perfect record.