Trujillo v. Colorado Division of Insurance

The Colorado Division of Insurance initiated an investigation into Milton Trujillo's application to renew as a insurance producer license with bail bond authority. It later denied the application based on a complaint it received. The Division charged Trujillo with twelve counts of violating the insurance code, professions and occupations code, and Division regulations. The ALJ revoked the license; the Commissioner of Insurance adopted the ALJ's decision. The court of appeals affirmed the Commissioner's action, determining that Trujillo violated a fiduciary duty prescribed by 10-2-704(a). The Supreme Court reversed, finding that the court of appeals erred in applying section 10-2-704(1)(a) to this case: "[w]hile there are unappealed findings of fact upon which the Commissioner on remand could uphold the sanction it ordered, it is not clear [to the Court] whether, absent the agency's construction of 10-2-704(1)(a), the Commissioner would have exercised his authority to revoke Trujillo's license and deny his renewal application." The case was therefore remanded for redetermination by the Commissioner the appropriate sanction for Trujillo's conduct. View "Trujillo v. Colorado Division of Insurance" on Justia Law