The Colorado Court of Appeals issued one opinion today. The case summary is published below with a link to the entire opinion.
Bankers Insurance Company, a Florida corporation, Plaintiff-Appellant, v. Michael Conway, The Colorado Commissioner of Insurance, in his official capacity and The Colorado Division of Insurance, an agency of the State of Colorado, Defendants-Appellees. 2026 COA 60. As a matter of first impression, a division of the court of appeals is asked to interpret section 10-3-131(1), C.R.S. 2025, and to decide whether its phrase “unfair business practices” is limited to the enumerated “unfair methods of competition” and “unfair or deceptive acts or practices” set forth in section 10-3-1104, C.R.S. 2025.
The division concludes the phrase is not so limited and that sufficient evidence supports the agency order finding Bankers Insurance Company liable for the unfair business practices of its producers. The division further concludes that the term “financially responsible” in section 10-3-131(1) includes both restitution and fines. Finally, the division concludes that sufficient competent evidence supports the Colorado Insurance Commissioner’s finding that Bankers’ producers committed unfair discrimination under section 10-3-1104(1)(f)(II). The judgment is affirmed. Read the opinion.