A consumer asks a Colorado insurer to turn over a copy of its insurance anti-fraud plan. Under C.R.S. § 10-1-128, the insurer may refuse because:

Why C is correct

C.R.S. § 10-1-128 makes insurance anti-fraud plans proprietary, so they are not public records and need not be produced to members of the public. The Colorado Division of Insurance nonetheless has regulatory access to ensure each licensed insurer maintains a compliant plan under the statute and Colorado Insurance Regulation 6-5-1.

Why the other options are wrong

• A) The plans are kept by the insurer under Colorado law; they are not filed away with a federal agency.
• B) The proprietary status of anti-fraud plans applies to all licensed insurers, regardless of where they are organized.
• D) Court discovery is a litigation mechanism, not the statutory basis for refusal; the plans are proprietary and are not public records.

Memory hook

Fraud plans fight fraud by staying secret — proprietary, not public.

Why B is correct

C.R.S. § 10-1-128 treats an insurer's anti-fraud plan as proprietary, and it is not a public record. The confidentiality protects the plan's detection and investigation techniques from being studied and defeated by the very actors the plan targets.

Why the other options are wrong

• A) Compliance status does not make the plan public; the statute expressly shields it from disclosure.
• C) Completion of an examination does not convert the plan into a public record.
• D) The proprietary treatment applies to anti-fraud plans generally, not just to particular lines of business.

Memory hook

Fraud plans stay in the vault — proprietary, never public.