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Textbook
1. General Insurance Concepts
2. Producer Roles and Receipt Types
3. Principles of Life Insurance
4. Underwriting
5. Term Life Insurance
6. Whole Life Insurance
7. Variable Insurance Products
8. Group Life Insurance
9. Life Insurance Provisions
10. Annuities
11. Taxation of Life Insurance Products
12. Qualified Retirement Plans
13. Health Insurance Basics
14. Required Policy Provisions
15. Optional Policy Provisions
16. Medical Expense Insurance
17. Group Health Insurance
18. The Affordable Care Act (ACA)
19. Disability Income Insurance
20. Accidental Death and Dismemberment Insurance
21. Long Term Care Insurance
22. Dental Insurance
23. Section 125 Plans and Limited Policies
24. Federal Government Programs
25. Medigap and Medicaid
26. Health Insurance Taxation
Wrapping Up
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13. Colorado Insurance Laws, Regulations, and Ethics
13.1. Introduction to Insurance Regulations

National System of State-Based Insurance Regulation

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The backbone of insurance regulation in the United States is the National Association of Insurance Commissioners (NAIC).

The NAIC is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from:

  • All 50 states
  • The District of Columbia
  • Five U.S. territories

Through the NAIC:

  • State insurance regulators develop model laws and regulations
  • Best practices and regulatory standards are established
  • Peer review and coordination among states occur
  • Regulatory oversight is strengthened across state lines

NAIC members, working together with the NAIC’s centralized resources, form the national system of state-based insurance regulation in the United States. While the NAIC does not directly regulate insurers or producers, its models heavily influence state insurance laws, including those adopted in Colorado.

Common Exam Traps

  • “The NAIC regulates insurers directly.”
    • False. The NAIC does not regulate insurers or producers. States do.
  • “The NAIC issues insurance licenses.”
    • False. Licensing is handled by individual states.
  • “The NAIC is a federal agency.”
    • False. It is a state-based organization governed by state insurance regulators.
Sidenote
Know this...

If the question asks who enforces insurance law, the answer is the state, not the NAIC.

Gramm-Leach-Bliley Act (GLBA)

The Gramm-Leach-Bliley Act (GLBA) reshaped the financial services industry by repealing the Glass-Steagall Act of 1933.

GLBA:

  • Allows consolidation of banks, investment firms, and insurance companies
  • Permits financial institutions to engage in multiple lines of business, including insurance
  • Establishes a framework that divides regulatory authority between federal and state regulators

From an insurance perspective, GLBA is especially important because it also introduced federal privacy and information security requirements for financial institutions, including insurers and producers.

McCarran-Ferguson Act

The McCarran-Ferguson Act of 1945 formally declared that insurance regulation is the responsibility of the states, not the federal government.

Key impacts of the McCarran-Ferguson Act:

  • Confirms state authority to regulate insurance
  • Grants insurers a limited exemption from federal antitrust laws, as long as the activity is regulated by state law
  • Preserves the state-based regulatory system still in use today

This law explains why insurance producers must comply with individual state insurance codes, including Colorado’s, rather than a single federal insurance regulator.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA, 15 U.S.C. 1681) regulates consumer reporting agencies and the use of consumer reports, such as credit reports, MIB records and investigative reports, including in insurance underwriting.

  • When an insurer requests an investigative consumer report, it must disclose that to the consumer within 3 days of the request
  • When an insurer takes adverse action based on a consumer report, it must notify the consumer and identify the reporting agency. The consumer then has 60 days to request a free copy of the report and may dispute inaccurate information

Privacy Act of 1974

The federal Privacy Act of 1974 governs how federal agencies handle personal information. It does not apply to private insurers. An insurer’s use of an applicant’s personal information is governed by the FCRA, the Gramm-Leach-Bliley Act and state insurance privacy law.

In states that adopted the NAIC’s Insurance Information and Privacy Protection Model Act, an authorization to collect personal information signed with an application is valid for no more than 30 months for life, health or disability insurance and one year for property or casualty insurance.

Telemarketing

The National Do Not Call Registry is a list of telephone numbers whose owners do not want to receive telemarketing calls. Telemarketers may not call registered numbers without the person’s permission or an established business relationship, and unsolicited sales calls:

  • May be made only between 8 a.m. and 9 p.m. in the recipient’s local time
  • Must disclose the caller’s identity, the company the caller represents and that the purpose is a sale

CAN-SPAM

A commercial email must:

  • Be identified clearly as an advertisement
  • Carry accurate header information and a subject line that is not deceptive
  • Include the sender’s valid physical postal address
  • Offer a way to opt out, and the sender must honor an opt-out within 10 business days

NAIC Overview

  • Standard-setting body, not a regulator itself
  • Governed by chief insurance regulators from 50 states, DC, 5 territories
  • Creates model laws/regulations; promotes peer review and coordination
  • States retain actual regulatory/enforcement authority

NAIC Exam Traps

  • NAIC does NOT regulate insurers/producers directly
  • NAIC does NOT issue licenses (states do)
  • NAIC is NOT a federal agency
  • Enforcement answer on exams = the state

Gramm-Leach-Bliley Act (GLBA)

  • Repealed Glass-Steagall Act of 1933
  • Allows banks, investment firms, insurers to consolidate/cross-sell
  • Splits regulatory authority between federal and state levels
  • Introduced federal privacy/information security rules for financial institutions

McCarran-Ferguson Act

  • Passed 1945; establishes insurance regulation as state responsibility
  • Grants insurers limited antitrust exemption when state-regulated
  • Foundation of state-based regulatory system
  • Explains why producers follow state codes (e.g., Colorado) not federal law

Fair Credit Reporting Act (FCRA)

  • Regulates consumer reporting agencies/consumer reports (credit reports, MIB, investigative reports)
  • Investigative consumer report request: must disclose to consumer within 3 days
  • Adverse action based on report: must notify consumer + name reporting agency
    • Consumer has 60 days to request free report copy and dispute errors

Privacy Act of 1974

  • Applies only to federal agencies, not private insurers
  • Insurer use of personal info governed by FCRA, GLBA, and state privacy laws
  • Under NAIC Model Act: authorization valid up to
    • 30 months for life/health/disability insurance
    • 1 year for property/casualty insurance

Telemarketing Rules

  • National Do Not Call Registry protects listed phone numbers
  • Calls barred unless permission or existing business relationship
  • Allowed only 8 a.m.–9 p.m. local time
  • Must disclose caller identity, company, and sales purpose

CAN-SPAM Act

  • Commercial emails must be clearly labeled as ads
  • Accurate headers/subject lines (no deception)
  • Must include sender’s valid physical address
  • Must provide opt-out; honor opt-out within 10 business days

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Next  | 13.2.1 Introduction to Colorado Insurance Law
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National System of State-Based Insurance Regulation

The backbone of insurance regulation in the United States is the National Association of Insurance Commissioners (NAIC).

The NAIC is the U.S. standard-setting and regulatory support organization created and governed by the chief insurance regulators from:

  • All 50 states
  • The District of Columbia
  • Five U.S. territories

Through the NAIC:

  • State insurance regulators develop model laws and regulations
  • Best practices and regulatory standards are established
  • Peer review and coordination among states occur
  • Regulatory oversight is strengthened across state lines

NAIC members, working together with the NAIC’s centralized resources, form the national system of state-based insurance regulation in the United States. While the NAIC does not directly regulate insurers or producers, its models heavily influence state insurance laws, including those adopted in Colorado.

Common Exam Traps

  • “The NAIC regulates insurers directly.”
    • False. The NAIC does not regulate insurers or producers. States do.
  • “The NAIC issues insurance licenses.”
    • False. Licensing is handled by individual states.
  • “The NAIC is a federal agency.”
    • False. It is a state-based organization governed by state insurance regulators.
Sidenote
Know this...

If the question asks who enforces insurance law, the answer is the state, not the NAIC.

Gramm-Leach-Bliley Act (GLBA)

The Gramm-Leach-Bliley Act (GLBA) reshaped the financial services industry by repealing the Glass-Steagall Act of 1933.

GLBA:

  • Allows consolidation of banks, investment firms, and insurance companies
  • Permits financial institutions to engage in multiple lines of business, including insurance
  • Establishes a framework that divides regulatory authority between federal and state regulators

From an insurance perspective, GLBA is especially important because it also introduced federal privacy and information security requirements for financial institutions, including insurers and producers.

McCarran-Ferguson Act

The McCarran-Ferguson Act of 1945 formally declared that insurance regulation is the responsibility of the states, not the federal government.

Key impacts of the McCarran-Ferguson Act:

  • Confirms state authority to regulate insurance
  • Grants insurers a limited exemption from federal antitrust laws, as long as the activity is regulated by state law
  • Preserves the state-based regulatory system still in use today

This law explains why insurance producers must comply with individual state insurance codes, including Colorado’s, rather than a single federal insurance regulator.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA, 15 U.S.C. 1681) regulates consumer reporting agencies and the use of consumer reports, such as credit reports, MIB records and investigative reports, including in insurance underwriting.

  • When an insurer requests an investigative consumer report, it must disclose that to the consumer within 3 days of the request
  • When an insurer takes adverse action based on a consumer report, it must notify the consumer and identify the reporting agency. The consumer then has 60 days to request a free copy of the report and may dispute inaccurate information

Privacy Act of 1974

The federal Privacy Act of 1974 governs how federal agencies handle personal information. It does not apply to private insurers. An insurer’s use of an applicant’s personal information is governed by the FCRA, the Gramm-Leach-Bliley Act and state insurance privacy law.

In states that adopted the NAIC’s Insurance Information and Privacy Protection Model Act, an authorization to collect personal information signed with an application is valid for no more than 30 months for life, health or disability insurance and one year for property or casualty insurance.

Telemarketing

The National Do Not Call Registry is a list of telephone numbers whose owners do not want to receive telemarketing calls. Telemarketers may not call registered numbers without the person’s permission or an established business relationship, and unsolicited sales calls:

  • May be made only between 8 a.m. and 9 p.m. in the recipient’s local time
  • Must disclose the caller’s identity, the company the caller represents and that the purpose is a sale

CAN-SPAM

A commercial email must:

  • Be identified clearly as an advertisement
  • Carry accurate header information and a subject line that is not deceptive
  • Include the sender’s valid physical postal address
  • Offer a way to opt out, and the sender must honor an opt-out within 10 business days
Key points

NAIC Overview

  • Standard-setting body, not a regulator itself
  • Governed by chief insurance regulators from 50 states, DC, 5 territories
  • Creates model laws/regulations; promotes peer review and coordination
  • States retain actual regulatory/enforcement authority

NAIC Exam Traps

  • NAIC does NOT regulate insurers/producers directly
  • NAIC does NOT issue licenses (states do)
  • NAIC is NOT a federal agency
  • Enforcement answer on exams = the state

Gramm-Leach-Bliley Act (GLBA)

  • Repealed Glass-Steagall Act of 1933
  • Allows banks, investment firms, insurers to consolidate/cross-sell
  • Splits regulatory authority between federal and state levels
  • Introduced federal privacy/information security rules for financial institutions

McCarran-Ferguson Act

  • Passed 1945; establishes insurance regulation as state responsibility
  • Grants insurers limited antitrust exemption when state-regulated
  • Foundation of state-based regulatory system
  • Explains why producers follow state codes (e.g., Colorado) not federal law

Fair Credit Reporting Act (FCRA)

  • Regulates consumer reporting agencies/consumer reports (credit reports, MIB, investigative reports)
  • Investigative consumer report request: must disclose to consumer within 3 days
  • Adverse action based on report: must notify consumer + name reporting agency
    • Consumer has 60 days to request free report copy and dispute errors

Privacy Act of 1974

  • Applies only to federal agencies, not private insurers
  • Insurer use of personal info governed by FCRA, GLBA, and state privacy laws
  • Under NAIC Model Act: authorization valid up to
    • 30 months for life/health/disability insurance
    • 1 year for property/casualty insurance

Telemarketing Rules

  • National Do Not Call Registry protects listed phone numbers
  • Calls barred unless permission or existing business relationship
  • Allowed only 8 a.m.–9 p.m. local time
  • Must disclose caller identity, company, and sales purpose

CAN-SPAM Act

  • Commercial emails must be clearly labeled as ads
  • Accurate headers/subject lines (no deception)
  • Must include sender’s valid physical address
  • Must provide opt-out; honor opt-out within 10 business days

More from Introduction to Insurance Regulations

  • Federal Law and State Oversight