State RegulationsCO specificDifficulty 1/5
Under C.R.S. § 10-3-1104(1)(c), insurance defamation consists of making a statement about a competitor that is:
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
C.R.S. § 10-3-1104(1)(c) prohibits false or maliciously critical, derogatory statements about the financial condition of any person that are calculated to injure. Truthful rate information and mere puffery fall outside the definition, and limiting the audience does not cure a statement that is false or malicious and injurious in purpose.
Why the other options are wrong
- A) Unflattering service commentary is not enough; the statute requires falsity or malice aimed at financial condition with injurious intent.
- B) An accurate report of a filed rate increase is truthful and cannot be defamatory.
- D) Sharing the statement only with one's own clients does not exempt it; the statutory test is content and intent, not audience size.
Memory hook
False or malicious + financial condition + meant to injure = defamation.