At a glance
| Jurisdiction tier | Tier D - Not yet specified. No binding instrument that applies to insurers' own use of AI, and no issued regulator document addressed to this insurance market, sets out rules or expectations for AI. |
| Question | Federal reach over state insurance AI rules - whether an executive order reaches state insurance AI rules |
| Band for this question | Contained |
| Rules reach | Insurers: directly · Reinsurers: not stated · Intermediaries: not stated |
| Last verified | [actual date of the launch-window check] |
Executive Order 14365 (11 December 2025) set a federal policy against state AI laws and led to a Department of Justice task force. In X.AI LLC v. Weiser, a challenge to Colorado's AI law, the United States intervened; Colorado's enforcement is paused under a stay the parties asked for and the court granted on 27 April 2026. It lasts until 14 days after the court rules on a preliminary-injunction motion that xAI has not yet filed; the motion is due within 28 days after final rulemaking under Colorado's AI law or its replacement.
The McCarran-Ferguson Act of 1945 leaves the regulation of insurance to the states unless an Act of Congress specifically relates to the business of insurance.
Who these rules reach
- Insurers: directly. 15 U.S.C. §1012(a): "The business of insurance, and every person engaged therein, shall be subject to the laws of the several States which relate to the regulation or taxation of such business."
- Reinsurers: not stated.
- Intermediaries: not stated.
This band describes how far the published record answers this question. It is not a finding that any government, court or firm has fallen short of any rule.
Why this question: The question concerns the reach of federal action, and this entry relies on no single company's account.
The question
In briefSince Executive Order 14365 directed the Justice Department to challenge state AI laws, the United States has intervened in X.AI LLC v. Weiser under its statutory right to join Equal Protection cases. Enforcement of Colorado's AI law - SB 24-205, since repealed and replaced by SB 26-189, effective 1 January 2027 - is paused under a stay the parties jointly asked for, lasting until 14 days after the court rules on a preliminary-injunction motion that xAI has not yet filed. Given that the 1945 McCarran-Ferguson Act requires an Act of Congress - not an executive order - to override state insurance regulation, does EO 14365's asserted authority reach insurance-specific state AI rules (New York's Circular Letter No. 7, or Colorado's insurance statute, C.R.S. §10-3-1104.9) at all, or does insurance regulation sit outside this litigation until Congress acts?
Why this band: No company's own account could be tested, so the question rests on the federal and court record.A live federal court case over state AI law exists, but the federal government joined it on its right to intervene in Equal Protection cases, and the Colorado law at issue is paused by a stay the parties agreed and the court granted, not by any ruling on the merits. Whether the executive order and the DOJ Task Force reach insurance-specific state AI rules at all is unresolved - only Congress, not the President, can trigger McCarran-Ferguson override.
3. What the open question means for firms in United States (Federal)
Until the question is settled, an insurer operating under New York's or Colorado's insurance AI rules has no published federal statement on whether the executive order reaches those rules. This entry gives no band to any firm.
4. What this entry does not establish
- The enrolled text of Colorado's 2026 AI law was not read; law-firm and state summaries are used.
- The court's order of 27 April 2026 granting the stay is known from a case tracker's account; the order itself was not read.
- No date set: xAI's preliminary-injunction motion, due within 28 days after final rulemaking under Colorado's AI law or its replacement, and the court's ruling on it.
- Overdue: the Commerce Department's evaluation of state AI laws, due within 90 days of Executive Order 14365 (by 11 March 2026); none published as of 7 October 2026.
- 1 January 2027: Colorado's replacement AI law takes effect.
Sources
- Executive Order 14365, Ensuring a National Policy Framework for Artificial Intelligence, signed 11 December 2025; published 16 December 2025, 90 FR 58499 (printed); section 4 (the Commerce evaluation of state AI laws). Federal. federalregister.gov
- Department of Justice, Memorandum for all Department of Justice employees, Artificial Intelligence Litigation Task Force, January 9, 2026 (printed). Federal. justice.gov
- X.AI LLC v. Weiser, 1:26-cv-01515 (D. Colo.): docket summary, last updated April 27, 2026 (joint motion of April 24, 2026). Court record (secondary host). clearinghouse.net
- United States of America's Complaint in Intervention, X.AI LLC v. Weiser, April 24, 2026 (printed), citing 42 U.S.C. § 2000h-2. Federal. justice.gov
- AI Challenge Watch, x.AI LLC v. Weiser: court order of April 27, 2026 granting the suspension, and the terms of the stay. Case tracker (secondary host). aichallengewatch.com
- Kelley Drye, "AI Regulatory Roundup: Recent Developments in Colorado, Connecticut, and California", May 8, 2026 (printed), on the contents of SB 26-189 as introduced. Law firm. kelleydrye.com
- Office of Governor Jared Polis, release on bills signed, Thursday, May 14, 2026 (printed), including SB26-189. State government. governorsoffice.colorado.gov
- McCarran-Ferguson Act, 15 U.S.C. §1012. Statute. law.cornell.edu
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Commercial relationship with any party named here: None · Right of reply: indexreport.protocol@fijishi.com; with the sender's agreement, replies are published in full below the entry, dated · Cite as: Fijishi Jurisdiction Index 2026, Entry US-FED · Corrections: none.