of 954/954
TITLE 26 - INSURANCE CODE CHAPTER 1 - SCOPE OF CODE 26-1-101. Short title. This act constitutes the Wyoming Insurance Code. 26-1-102. Definitions. (a) As used in this act: (i) "Adjuster" means any individual who, for compensation as an independent contractor, or as the employee of an independent contractor, or as a salaried employee of an insurer, or for fee or commission, on behalf of the insurer investigates and negotiates settlement of claims arising under insurance contracts, except that an attorney-at-law who is licensed to practice law in this state, or a licensed agent or broker who adjusts or assists in adjustment of losses arising under policies issued through that broker or by the insurer represented by that agent, is not an adjuster for the purposes of chapter 9 of this code; (ii) "Agent" means any individual, firm or corporation appointed by an insurer to solicit applications for insurance or annuities or to negotiate insurance or annuities on its behalf; (iii) "Alien" insurer means an insurer formed under the laws of any country other than the United States of America or any of its states; (iv) "Annuity" means a contract under which obligations are assumed with respect to periodic payments where the making or continuance of all or some of the payments, or the amount of the payments, is dependent upon the continuance of human life, and a contract which includes extra benefits of the kinds set forth in W.S. 26-5-102 and 26-5-103 is an annuity if the extra benefits constitute a subsidiary or incidental part of the entire contract; (v) "Authorized" insurer means an insurer authorized by a subsisting certificate of authority issued by the commissioner to transact insurance in this state;

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Title - 26.docx26-1-101. Short title.
26-1-102. Definitions.
(i) "Adjuster" means any individual who, for
compensation as an independent contractor, or as the employee of
an independent contractor, or as a salaried employee of an
insurer, or for fee or commission, on behalf of the insurer
investigates and negotiates settlement of claims arising under
insurance contracts, except that an attorney-at-law who is
licensed to practice law in this state, or a licensed agent or
broker who adjusts or assists in adjustment of losses arising
under policies issued through that broker or by the insurer
represented by that agent, is not an adjuster for the purposes
of chapter 9 of this code;
(ii) "Agent" means any individual, firm or
corporation appointed by an insurer to solicit applications for
insurance or annuities or to negotiate insurance or annuities on
its behalf;
(iii) "Alien" insurer means an insurer formed under
the laws of any country other than the United States of America
or any of its states;
(iv) "Annuity" means a contract under which
obligations are assumed with respect to periodic payments where
the making or continuance of all or some of the payments, or the
amount of the payments, is dependent upon the continuance of
human life, and a contract which includes extra benefits of the
kinds set forth in W.S. 26-5-102 and 26-5-103 is an annuity if
the extra benefits constitute a subsidiary or incidental part of
the entire contract;
by a subsisting certificate of authority issued by the
commissioner to transact insurance in this state;
(vi) "Broker", except as used in chapter 11 of this
code, means a resident individual, firm or corporation organized
under the laws of the state of Wyoming who, not being an agent
of the insurer, as an independent contractor and on behalf of
the insured, for compensation or fee solicits, negotiates or
procures insurance or the renewal or continuance thereof for
insureds or prospective insureds, other than himself;
(vii) "Charter" means articles of incorporation,
agreement or association, charter granted by legislative act, or
other basic constituent document of a corporation or the power
of attorney of the attorney-in-fact of a reciprocal insurer;
(viii) "Commissioner" means the insurance
commissioner of this state;
of this state, unless the context otherwise requires;
(x) "Domestic" insurer means an insurer formed under
the laws of Wyoming;
(A) As to Canadian insurers, Canada and the
province in which the insurer's head office is located;
(B) As to other alien insurers authorized to
transact insurance in one (1) or more states as provided in W.S.
26-3-130;
(C) As to alien insurers not authorized to
transact insurance in one (1) or more states, the country under
the laws of which the insurer was formed;
(D) As to all other insurers, the state under
the laws of which the insurer was formed.
(xii) "Foreign insurer" means an insurer formed under
the laws of any jurisdiction other than this state and includes
an "alien" insurer unless otherwise distinguished by the
context;
(A) Property insurance;
(B) Casualty insurance;
(C) Surety insurance;
(E) Disability insurance, if transacted for an
insurer also represented by the same agent as to property or
casualty insurance.
insurance written under policies of face amount of one thousand
dollars ($1,000.00) or less bearing the words "industrial
policy" imprinted on the face of the policy and under which
premiums are payable monthly or more often;
(xv) "Insurance" means a contract in which one
undertakes to indemnify another against loss, damage or
liability arising from determinable hazards or fortuitous
occurrences or to pay or allow a specified amount or
determinable benefit in connection with ascertainable risk
contingencies;
indemnitor, surety or contractor in the business of entering
into contracts of insurance or of annuity;
(xvii) "Life agent" means an agent who transacts life
insurance or annuity business and includes also the transaction
of disability insurance on behalf of an insurer for whom the
agent is also licensed as to life insurance;
(xviii) "Managing general agent" means a person,
firm, association or corporation meeting the definition of
managing general agent under W.S. 26-46-101;
(xix) "Mutual insurer" means an incorporated insurer
without capital stock and the governing body of which is elected
by its policyholders, except certain foreign insurers which the
commissioner finds to be organized on the mutual plan under the
laws of their state or province of domicile, but having
temporary share capital or providing for election of the
insurer's governing body on a reasonable basis by members or by
policyholders and others are not excluded as mutual insurers;
(xx) Except as used in chapter 31 of this code,
"person" means an individual, insurer, company, association,
organization, Lloyd's insurer, society, reciprocal insurer or
interinsurance exchange, partnership, syndicate, business trust,
corporation, agent, general agent, broker, adjuster and any
legal entity;
written agreement for or effecting insurance, by whatever name
called, and includes all clauses, riders, endorsements and
papers which are a part thereof;
(xxii) "Premium" means the consideration for
insurance, by whatever name called, and any assessment,
membership, policy, survey, inspection, service or similar fee
or other charge in consideration for an insurance contract is
part of the premium;
an interexchange among persons, known as subscribers, of
reciprocal agreements of indemnity, the interexchange being
carried out through an attorney-in-fact common to all persons
involved;
collectively through an attorney-in-fact to provide reciprocal
insurance among themselves;
(xxvii) "State" means any state, district, territory,
commonwealth or possession of the United States of America and
the Panama Canal Zone if used in a context signifying a
jurisdiction other than the state of Wyoming;
(xxviii) "Stock insurer" means an incorporated
insurer with its capital divided into shares and owned by its
stockholders;
an insurer's financial condition means the excess of the
insurer's assets over its liabilities as ascertained in
accordance with chapter 6 of this code;
(xxx) "Transact" with respect to a business of
insurance means:
(D) Transaction of matters subsequent to the
carrying out and arising out of a contract of insurance; or
(E) Any other aspects of insurance operations to
which this code applies.
authorized as provided in paragraph (a)(v) of this section;
(xxxii) "This act" or "this code" means title 26 of
the Wyoming statutes;
hospital or medical policy or certificate, major medical expense
insurance, hospital or medical service plan contract or health
maintenance organization subscriber contract. "Private health
benefit plan" does not include accident only, credit, dental,
vision, Medicare supplement, long-term care or disability income
insurance, policies or certificates providing coverage for a
specified disease or hospital confinement indemnity or limited
benefit health insurance, coverage issued as a supplement to
liability insurance, worker's compensation or similar insurance,
automobile medical payment insurance or any hospital or medical
policy, major medical expense insurance, hospital or medical
service plan or contract which by contract or product design is
intended to provide coverage for six (6) months or less.
Notwithstanding other provisions of this section, the Medicaid
program shall continue to obtain reimbursement recovery from all
types of insurance included in this section prior to July 2,
2011;
medicaid or other health benefit programs or coverages operated
or maintained by any governmental entity;
(xxxv) "Insurance producer" means a person required
to be licensed under the laws of this state to sell, solicit or
negotiate insurance, including, but not limited to, agents and
brokers;
(xxxvi) "Fair value", "fair market value" or "market
value" mean fair value as determined pursuant to the most recent
National Association of Insurance Commissioners' accounting
practices and procedures manual;
who does any of the following:
(A) Regularly engages, in whole or in part, in
the practice of assembling or preparing consumer reports for a
monetary fee;
other than insurers;
(xxxviii) "Insurance support organization" means:
(A) Any person who regularly engages, in whole
or in part, in the practice of assembling or collecting
information about natural persons for the primary purpose of
providing the information to an insurance institution or
insurance producer for insurance transactions, including the
furnishing of consumer reports or investigative consumer reports
to an insurer or insurance producer for use in connection with
an insurance transaction or the collection of personal
information from insurers, insurance producers or other
insurance support organizations for the purpose of detecting or
preventing fraud, material misrepresentation or material
nondisclosure in connection with insurance underwriting or
insurance claim activity;
paragraph the following persons are not considered insurance
support organizations for purposes of this code:
(I) Insurance producers;
(II) Government institutions;
paragraph (xxxviii) of this subsection, means any transaction
involving insurance primarily for personal, family or household
needs rather than business or professional needs and which
entails the determination of an individual's eligibility for an
insurance coverage, benefit or payment or the servicing of an
insurance application, policy, contract or certificate;
(xl) "Investigative consumer report" means a consumer
report or portion of a consumer report in which information
about a natural person's character, general reputation, personal
characteristics or mode of living is obtained through personal
interviews with the person's neighbors, friends, associates,
acquaintances or others who may have knowledge concerning those
items of information;
Insurance Commissioners;
the "business of insurance" means a person has duties that
require licensure under this code or that are a major part of a
person's duties and require specialized knowledge of insurance,
which knowledge has been acquired through training and
experience and is sufficient that close supervision from a
person licensed under this code is not needed. A person is not
engaged in the business of insurance who performs tasks often
found in business offices not engaged in insurance and who
requires close supervision from a person licensed under this
code to engage in tasks requiring specialized insurance
knowledge. A person in training who performs duties requiring
specialized knowledge of insurance is not engaged in the
business of insurance if that person is under close supervision
from a person licensed under this code;
(xliii) "Multiple employer welfare arrangement" means
an employee welfare benefit plan, as defined in 29 U.S.C. §
1002, or any other arrangement which is established to provide
hospital, medical or surgical benefits in the event of sickness,
accident, disability or death to the employees of two (2) or
more employers, which may include self employed individuals,
meeting a commonality of interest test, or to the beneficiaries
of these persons. This term shall include a bona fide group or
association of employers authorized to establish an employee
welfare benefit plan under federal law.
(b) As used in W.S. 26-2-116 through 26-2-124:
(i) "Examiner" means any individual or firm
authorized by the commissioner to conduct an examination under
W.S. 26-2-116 through 26-2-124;
102(a)(xx) and includes all affiliates of the entities referred
to in that definition and air ambulance membership organizations
as identified in chapter 43, article 3 of this code.
26-1-103. Compliance with insurance code required.
No person shall transact a business of insurance in Wyoming, or
relative to a subject of insurance resident, located or to be
performed in Wyoming, without complying with the applicable
provisions of this code.
26-1-104. Applicability of provisions.
(i) Repealed by Laws 2018, ch. 21, § 2.
(ii) Fraternal benefit societies as identified in
chapter 29 of this code, except as stated in that chapter;
(iii) Health maintenance organizations as identified
in chapter 34 of this code, except as otherwise specifically
provided in that chapter;
(iv) Transactions in mechanical breakdown insurance
as identified in chapter 37 of this code, except as otherwise
provided in that chapter;
section, "health care sharing ministry" means a faith-based
nonprofit organization that is tax exempt under the Internal
Revenue Code and which:
expenses among willing participants in accordance with criteria
established by the health care sharing ministry;
(B) Has annual audits performed by an
independent certified public accountant that are available upon
request; and
accompanying all applications and guideline materials
distributed by or on behalf of the organization that reads in
substance: "Notice: The organization facilitating the sharing
of medical expenses is not an insurance company, and neither its
guidelines nor plan of operation is an insurance policy. Any
assistance with your medical bills is completely voluntary. No
other participant is compelled by law or otherwise to contribute
toward your medical bills. Participation in the organization or
a subscription to any of its documents shall not be considered
to be health insurance and is not subject to the regulatory
requirements or consumer protections of the Wyoming insurance
code. You are personally responsible for payment of your medical
bills regardless of any financial sharing you may receive from
the organization for medical expenses. You are also responsible
for payment of your medical bills if the organization ceases to
exist or ceases to facilitate the sharing of medical expenses."
(vi) A direct primary care agreement. A direct
primary care agreement means a written agreement that:
(A) Is between a patient or their legal
representative and a health care provider;
(B) Allows either party to terminate the
agreement in writing, without penalty or payment of a
termination fee, at any time or after notice as specified in the
agreement which notice shall not exceed sixty (60) days;
(C) Describes the health care services to be
provided in exchange for payment of a periodic fee;
(D) Specifies the periodic fee required and any
additional fees that may be charged;
(E) May allow the periodic fee and any
additional fees to be paid by a third party;
(F) Prohibits the provider from charging or
receiving additional compensation for health care services
included in the periodic fee; and
(G) Conspicuously and prominently states that
the agreement is not health insurance and does not meet any
individual health insurance mandate that may be required by
federal law.
(vii) Air ambulance membership organizations as
identified in chapter 43, article 3 of this code, except as
otherwise specifically provided in this title.
26-1-105. Provisions relating to particular insurance to
prevail over general provisions.
Provisions of this code relative to a particular kind of
insurance or type of insurer or particular matter prevail over
provisions relating to insurance in general or insurers in
general or to the particular matter in general.
26-1-106. Captions or headings not to limit scope of
provisions.
The scope and meaning of any provision are not limited or
otherwise affected by the caption or heading of any chapter,
section or provision.
(a) Each violation of this code for which a greater
penalty is not provided by another provision of this code or by
other applicable laws of this state, in addition to any
applicable prescribed denial, suspension or revocation of
certificate of authority or license, is a misdemeanor punishable
upon conviction by a fine of not more than one thousand dollars
($1,000.00), or by imprisonment in the county jail for not more
than six (6) months, or both. Each violation is a separate
offense.
(b) Any person who violates, or who instructs his agent or
adjuster to violate, any provision of this code, any lawful rule
or final order of the commissioner or any final judgment or
decree made by any court, upon the commissioner's application,
shall pay a civil penalty in an amount the commissioner
determines of not more than five thousand dollars ($5,000.00)
for each offense, or fifty thousand dollars ($50,000.00) in the
aggregate for all offenses within any one (1) year period. In
the case of individual agents or adjusters, the civil penalty
shall be not more than one thousand dollars ($1,000.00) for each
offense or ten thousand dollars ($10,000.00) in the aggregate
for all offenses within any one (1) year period. The penalty
shall be collected from the violator and paid by the
commissioner, or the appropriate court, to the state treasurer
and credited as provided in W.S. 8-1-109.
(c) Before the commissioner imposes a civil penalty, he
shall notify the person, agent or adjuster accused of a
violation, in writing, stating specifically the nature of the
alleged violation and fixing a time and place, at least ten (10)
days from the date of the notice, when a hearing of the matter
shall be held. After hearing or upon failure of the accused to
appear at the hearing, the commissioner shall determine the
amount of the civil penalty to be imposed in accordance with the
limitations expressed in subsection (b) of this section. Each
violation is a separate offense.
(d) A civil penalty may be recovered in an action brought
thereon in the name of the state of Wyoming in any court of
appropriate jurisdiction, and the court may review the penalty
as to both liability and reasonableness of amount.
(e) The provisions of this section are in addition to and
not instead of any other enforcement provisions contained in
this code.
(a) Notwithstanding any other provision of law, and except
as provided in this section, any person or other entity which
provides insurance coverage in this state for medical, surgical,
chiropractic, physical therapy, speech pathology, audiology,
professional mental health, dental, hospital or optometric
expenses, whether the coverage is by direct payment,
reimbursement, or otherwise, shall be subject to the
jurisdiction of the state insurance department, unless the
person or other entity shows that while providing the services
it is subject to the exclusive jurisdiction of another agency of
this state or the federal government.
(b) A person or entity may show that it is subject to the
exclusive jurisdiction of another agency of this state or the
federal government, by providing to the insurance commissioner
the appropriate certificate, license or other document issued by
the other governmental agency which permits or qualifies it to
provide those services.
(c) Any person or entity which is unable to show under
subsection (b) of this section that it is subject to the
exclusive jurisdiction of another agency of this state or the
federal government, shall submit to an examination by the
insurance commissioner to determine the organization and
solvency of the person or the entity, and to determine whether
or not the person or entity complies with the applicable
provisions of this code.
(d) Any person or entity unable to show that it is subject
to the exclusive jurisdiction of another agency of this state or
the federal government, shall be subject to all appropriate
provisions of this code regarding the conduct of its business.
If a person or entity is subject to the exclusive jurisdiction
of another agency of this state or the federal government, this
fact shall be disclosed on all policy forms.
(e) Any production agency or administrator which
advertises, sells, transacts or administers the coverage in this
state described in subsection (a) of this section and which is
required to submit to an examination by the insurance
commissioner under subsection (c) of this section, shall, if the
coverage is not fully insured or otherwise fully covered by an
admitted life or disability insurer, nonprofit hospital service
plan, or nonprofit health care plan, advise every purchaser,
prospective purchaser and covered person of such lack of
insurance or other coverage. Any administrator which advertises
or administers the coverage in this state described in
subsection (a) of this section and which is required to submit
to an examination by the insurance commissioner under subsection
(c) of this section, shall advise any production agency of the
elements of the coverage, including the amount of "stop-loss"
insurance in effect.
ARTICLE 1 - COMMISSIONER
There is established the department of insurance.
26-2-102. Insurance commissioner; appointment; vacancy;
removal from office; other requirements.
(a) The chief officer of the department is the "insurance
commissioner".
(b) The commissioner shall be appointed by the governor.
(c) If for any cause a vacancy occurs in the office of
commissioner, the governor shall fill the vacancy in accordance
with W.S. 28-12-101.
(d) The governor may remove a commissioner as provided in
W.S. 9-1-202.
be in accordance with W.S. 28-12-101 through 28-12-103.
26-2-103. Insurance commissioner; eligibility for
appointment.
No individual is eligible for appointment to or shall hold the
office of commissioner unless he is a qualified elector of this
state and free of conflicting interests as specified in W.S.
26-2-107.
(a) The commissioner shall have an official seal in the
form and design in use and on file in the office of secretary of
state.
adjusters and other insurance representatives.
26-2-105. Insurance commissioner; salary.
The commissioner shall receive a salary as provided under W.S.
9-2-3207.
assistants and consultants.
appoint a deputy commissioner and may revoke the appointment at
his pleasure.
other necessary assistants as the proper conduct of his office
requires, and may revoke the appointments at his pleasure. In
the appointment of examiners the commissioner shall consider
standards of qualification the National Association of Insurance
Commissioners recommends.
(c) Salary for personnel in subsections (a) and (b) of
this section shall be as provided under W.S. 9-2-3207.
(d) The commissioner may contract for independent or
consulting actuarial, rating or other technical services, on a
fee basis, without giving the individual status as a state
employee.
compensation prohibited.
assistant or employee of the department shall not:
(i) Be connected with the management of or be
financially interested in any insurer, insurance agency or
insurance transaction except as a policyholder or claimant under
a policy;
(ii) Engage in any other business or occupation
interfering or inconsistent with department duties, except that
as to those matters in which a conflict of interest does not
exist on the part of any individual, the commissioner may employ
or retain insurance actuaries, accountants or other technicians
who are independently practicing their professions even though
similarly employed or retained by insurers or others; or
(iii) Be given or receive any fee, compensation,
loan, gift or other thing of value in addition to the
compensation and expense allowance provided by law.
26-2-108. Commissioner; delegation of authority.
(a) The commissioner may delegate to his deputy or any
department employee the exercise or discharge in the
commissioner's name of any power, duty, or function vested in or
imposed upon the commissioner under this code, other than the
supervision of department operations.
(b) The official act of any individual acting in the
commissioner's name and by his authority is an official act of
the commissioner. The commissioner is responsible for all such
acts.
(a) The commissioner shall:
(ii) Examine and inquire into violations of this
code;
(iv) Execute the duties imposed upon him by this
code;
upon him by or reasonably implied from this code;
(vi) Immediately pay to the state treasurer for
deposit in the general fund, unless otherwise specifically
provided, any monies paid to him under this code;
(vii) Have any additional powers and duties as may be
provided by other laws of this state.
(b) The commissioner may conduct examinations and
investigations of insurance matters, in addition to examinations
and investigations expressly authorized, as he deems proper,
upon reasonable and probable cause, to determine whether any
person has violated any provisions of this code or to secure
information useful in the lawful administration of any provision
of this code. The cost of any additional examinations and
investigations shall be borne by the state.
(c) The commissioner, with the governor's approval, may
enter into interstate compacts with other states in the region
to provide for a uniform climate for insurance coverage in the
compacting states. The compacts may include:
(i) Interstate compacts to negotiate uniform rating
structures in the compacting states;
(ii) Interstate compacts to negotiate the use of
regional ratings or trendings rather than national ratings or
trendings; or
operation of mutual companies to provide insurance for risks
that are critical to the health, safety or welfare of the
compacting states.
(e) The commissioner may request a waiver from the NAIC's
financial regulation standards and accreditation program
requirements when the commissioner deems the waiver to be in the
interest of the state. The commissioner shall report in writing
any waiver request to the joint corporations, elections and
political subdivisions interim committee within thirty (30) days
of the request.
Administrative Procedure Act , the commissioner may make
reasonable rules and regulations necessary to carry out any
provision of this code. No rule or regulation shall extend,
modify or conflict with any law of this state or the reasonable
implications thereof.
requesting the promulgation, amendment or repeal of any rule or
regulation, under the applicable procedures of the Wyoming
Administrative Procedure Act.
(c) In addition to any other penalty under this code,
willful violation of any provision of this code or any rule or
regulation promulgated pursuant thereto subjects the violator to
suspension or revocation of a certificate of authority or
license as may be applicable. No penalty applies to any act done
or omitted in good faith in conformity with the rule or
regulation, notwithstanding that after the act or omission the
rule or regulation may be amended or rescinded or determined by
judicial or other authority to be invalid.
(d) In addition to all other rulemaking authority granted
to the commissioner, the commissioner may promulgate necessary
and appropriate rules to satisfy NAIC accreditation
requirements, provided that:
(i) The commissioner has determined promulgation of
the rules is in the interest of the state and the rules are
otherwise appropriate;
(ii) The rules shall not be in effect for longer than
three (3) years; and
determined appropriate, to the applicable NAIC accreditation
requirement pursuant to W.S. 26-2-109(e).
(e) The commissioner may promulgate rules to identify
procedures for conducting examinations of the Wyoming state
employees' and officials' group insurance program in accordance
with W.S. 9-3-205(c).
delivery.
(a) Orders and notices of the commissioner are effective
only when in writing signed by him or by his authority.
(b) Except as otherwise expressly provided by law as to
particular orders, any order of the commissioner shall concisely
state:
(iii) The grounds on which based;
(iv) The provisions of this code pursuant to which
action is so taken or proposed to be taken, but failure to
designate a particular provision does not deprive the
commissioner of the right to rely on that provision.
(c) Except as may be provided as to particular procedures,
an order or notice may be given by delivery to the person to be
ordered or notified or by mailing it, postage prepaid, addressed
to him at his principal place of business or residence as last
of record in the department. The order or notice is deemed to
have been given when so mailed.
26-2-112. Enforcement of code and orders; injunctions;
penalty for violation of orders.
(a) The commissioner, upon the advice of and through the
attorney general, may invoke the aid of the courts through
injunction or other proper process to enforce any proper order
he makes or action he takes.
(b) If the commissioner has reason to believe that any
person has violated any provision of this code, or any provision
of other law applicable to insurance operations, for which
criminal prosecution is provided and would be in order, he shall
give the information relative thereto to the attorney general or
to the district attorney for the county having jurisdiction of
the violation. The attorney general or district attorney shall
promptly institute any action or proceedings against the person
as in his opinion the information requires or justifies.
(c) In addition to any other applicable penalty, any
person who violates a lawful order of the commissioner, upon
proof thereof to the court's satisfaction, shall pay to this
state a sum not to exceed one thousand dollars ($1,000.00), or
if the violation is found to be willful, a sum not to exceed two
thousand dollars ($2,000.00). Any penalty may be recovered in a
civil action against the violator.
26-2-113. Records and other papers; generally.
(a) The commissioner shall:
statements, reports, filings and papers required by law;
(ii) Preserve in the department in permanent form
records of his proceedings, hearings, investigations and
examinations;
certificates of authority and of all licenses issued under this
code together with all applicable suspensions and revocations
and of the causes thereof.
(b) The records and filings in the department are open to
public inspection, except as otherwise provided by this code.
(c) The commissioner may destroy unneeded or obsolete
records and filings in the department in accordance with general
provisions and procedures applicable to administrative agencies
of this state.
(d) In order to assist in the performance of his duties
under this code, the commissioner may:
(i) Share documents, materials or other information,
including confidential and privileged documents, materials or
information, with other state, federal and international
regulatory agencies, with the National Association of Insurance
Commissioners, its affiliates or subsidiaries, and with state,
federal and international law enforcement authorities, including
members of any supervisory college described in W.S. 26-44-118,
provided the recipient agrees in writing to maintain the
confidentiality and privileged status of any document, material
or other information and has verified in writing the legal
authority to maintain confidentiality;
materials or information, from the National Association of
Insurance Commissioners, its affiliates or subsidiaries and from
regulatory and law enforcement officials of other foreign or
domestic jurisdictions, and shall maintain as confidential or
privileged any document, material or information received with
notice or the understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or information; and
(iii) Enter into agreements governing sharing and use
of information consistent with this subsection.
26-2-114. Records and other papers; reproductions and
certified copies.
(a) Reproductions of records or documents on file in the
department, when certified by the commissioner, shall be
received in evidence in all proceedings and courts and have the
same effect and force as the originals.
(b) Upon request of any person and payment of the
applicable fee, the commissioner shall furnish a certified copy
of any record or document in the department which is then
subject to public inspection.
26-2-115. Report to governor.
report to the governor showing:
(i) A list of authorized insurers transacting
insurance in this state, with any tabular summary of their
financial statements as he deems appropriate;
(ii) Names of all insurers whose business was closed
during the preceding reporting period, the cause thereof and the
amount of assets and liabilities as ascertainable;
(iii) Names of insurers against which delinquency or
similar proceedings were instituted, and a concise statement of
the facts with respect to each proceeding and the status
thereof;
preceding reporting period;
supplementation of laws affecting insurance or the department;
and
(vi) Any other matters he deems proper or of benefit
to the public in regard to the insurance business in this state.
26-2-116. Examination of insurers.
ability to fulfill and manner of fulfillment of its obligations,
the nature of its operations and compliance with law, the
commissioner or any of his examiners may examine any insurer as
often as he, in his sole discretion, deems advisable. He shall
examine each insurer licensed in this state not less frequently
than every five (5) years. Examination of a reciprocal insurer
may include examination of its attorney-in-fact as to its
transactions relating to the insurer. Examination of an alien
insurer may be limited to its insurance transactions and affairs
in the United States, except as the commissioner otherwise
requires. In scheduling and determining the nature, scope and
frequency of the examinations the commissioner shall consider
such matters as the results of financial statement analyses and
ratios, changes in management or ownership, actuarial opinions,
reports of independent certified public accountants and other
criteria as set forth in the Examiners' Handbook adopted by the
National Association of Insurance Commissioners and in effect
when the commissioner exercises discretion under this section.
(b) The commissioner shall in like manner examine each
insurer applying for an initial certificate of authority to
transact insurance in this state.
(c) Repealed by Laws 1992, ch. 59, § 3.
(d) In lieu of making his own examination of any foreign
or alien insurer licensed in this state, the commissioner may
accept an examination report on the company as prepared by the
insurance department for the company's state of domicile or port
of entry state until January 1, 1994. Thereafter, such reports
may only be accepted if:
(i) The insurance department preparing the report
was, at the time of the examination, accredited under the
National Association of Insurance Commissioners' financial
regulation standards and accreditation program; or
(ii) The examination is performed under the
supervision of an accredited insurance department or with the
participation of one (1) or more examiners who are employed by
an accredited insurance department and who, after the review of
the examination work papers and report, state under oath that
the examination was performed in a manner consistent with the
standards and procedures required by their insurance department.
26-2-117. Examination of other than insurers.
(a) For the purpose of ascertaining compliance with law,
or relationships and transactions between any person and any
insurer or proposed insurer, the commissioner, as often as he
deems advisable, may examine the accounts, records, documents
and transactions pertaining to or affecting insurance affairs or
proposed insurance affairs of any person:
(i) Who is or holds himself out to be an insurance
agent, broker, general agent, adjuster or insurer
representative;
(ii) Having a contract under which he enjoys in fact
the exclusive or dominant right to manage or control an insurer;
(iii) Holding the shares of voting stock or the
policyholder proxies of a domestic insurer, for the purpose of
controlling the management thereof, as voting trustee or
otherwise;
(iv) Engaged in or in any way involved or proposing
to be involved in this state in the promotion, formation or
financing of an insurer or insurance holding corporation, or
corporation or other group to finance an insurer or the
production of its business.
conducted the commissioner or his designee shall issue an
examination warrant appointing one (1) or more examiners to
perform the examination and instructing them as to the scope of
the examination. In conducting the examination the examiner
shall observe those guidelines and procedures set forth in the
Examiners' Handbook adopted by the National Association of
Insurance Commissioners. The commissioner may also employ other
guidelines or procedures as the commissioner deems appropriate.
No examiner may be appointed by the commissioner if the
examiner, either directly or indirectly, has a conflict of
interest or is affiliated with the management of or owns a
pecuniary interest in any person subject to examination under
this act. This subsection shall not be construed to
automatically preclude an examiner from being:
(i) A policyholder or claimant under an insurance
policy;
(ii) A grantor of a mortgage or similar instrument on
the examiner's residence to a regulated entity if done under
customary terms and in the ordinary course of business;
(iii) An investment owner in shares of regulated
diversified investment companies; or
(iv) A settlor or beneficiary of a "blind trust" into
which any otherwise impermissible holdings have been placed.
(b) For purposes of completing an examination of any
insurer under this act, the commissioner may examine or
investigate any person, or the business of any person, if in the
sole discretion of the commissioner, the examination or
investigation is necessary or material to the examination of the
insurer.
(c) Any insurer or other person being examined and any
officers, directors, employees, agents or other representatives
thereof shall make freely available to the commissioner or his
examiners all accounts, computer and other records, documents,
files, information, assets and matters in his possession or
control relating to the subject of the examination and shall
facilitate the examination. The officers, directors, employees,
agents and other representatives of the insurer or person shall
facilitate the examination and aid in the examination so far as
it is in their power to do so. The refusal of any insurer, by
its officers, directors, employees, agents or other
representatives to submit to examination or to comply with any
reasonable written request of the examiners shall be grounds for
suspension or refusal of, or nonrenewal of any license or
authority held by the insurer to engage in an insurance or other
business subject to the commissioner's jurisdiction. Any such
proceedings for suspension, revocation or refusal of any license
or authority shall be conducted pursuant to W.S. 26-2-125
through 26-2-130.
(e) Neither the commissioner nor any examiner shall remove
any record, account, document, file or other property of the
person being examined from the offices or place of that person
except with that person's written consent in advance of the
removal or pursuant to a court order. This provision does not
affect the making and removal of copies or abstracts of any
record, account, document or file.
(f) When making an examination under W.S. 26-2-116 through
26-2-124, the commissioner may retain attorneys, appraisers,
independent actuaries, independent certified public accountants
or other professionals and specialists as examiners, the
reasonable and appropriate cost shall be borne by the insurer
which is the subject of the examination. Notwithstanding the
conflict of interest provisions of subsection (a) of this
section, the commissioner may retain from time to time, on an
individual basis, qualified actuaries, certified public
accountants or other similar individuals who are independently
practicing their professions, even though the persons may from
time to time be similarly employed or retained by persons
subject to examination under this act.
(g) Nothing contained in W.S. 26-2-116 through 26-2-124
shall be construed to limit the commissioner's authority to
terminate or suspend any examination in order to pursue other
legal or regulatory action pursuant to the insurance laws of
this state. Findings of fact and conclusions made pursuant to
any examination shall be prima facie evidence in any legal or
regulatory action.
shall be construed to limit the commissioner's authority to use
and, if appropriate, to make public any final or preliminary
examination report, any examiner or company work papers or other
documents, or any other information discovered or developed
during the course of any examination in the furtherance of any
legal or regulatory action which the commissioner may, in his
sole discretion, deem appropriate.
26-2-120. Examinations; deceit and obstruction during
examination prohibited.
No person shall make or authorize any false certificate, entry,
memorandum or writing in or relative to the books, records,
files, documents and affairs of the person being examined with
the intent to deceive the commissioner or examiner, or otherwise
willfully obstruct the examination.
26-2-121. Examinations; report; contents.
(a) No later than sixty (60) days following completion of
the examination the examiner in charge shall make a verified,
full and true written report of any examination he makes and
shall therein certify under oath the report and his findings.
Investigations initiated by the commissioner or his examiners
and assistants for the purpose of ascertaining whether an
insurer, agent or adjuster has violated any provision of the
insurance code are not examinations within the provisions of
this section.
(b) The report shall contain only information appearing
upon the books, records, documents and papers of or relating to
the insurer, its agents or other person or affairs being
examined, or ascertained from testimony of its officers, agents
or other individuals under oath concerning the affairs of that
insurer or person, together with any conclusions and
recommendations as may reasonably be warranted by the
information.
shall transmit the report to the insurer examined, together with
a notice which shall afford the insurer examined a reasonable
opportunity of not more than thirty (30) days to make a written
submission or rebuttal with respect to any matters contained in
the examination report. Upon written request by the insurer
filed within the thirty (30) day period, the commissioner shall
grant a hearing on the report and shall not file the report
until after the hearing and after any appropriate modifications
to the report.
(i) Repealed by Laws 1993, ch. 134, § 2.
(ii) Repealed by Laws 1993, ch. 134, § 2.
(d) Repealed by Laws 1993, ch. 134, § 2.
(e) Repealed by Laws 1993, ch. 134, § 2.
(f) Within thirty (30) days of the end of the period
allowed for the receipt of written submissions or rebuttals or
within thirty (30) days after conclusion of a hearing held
pursuant to subsection (c) of this section, the commissioner
shall fully consider and review the report, together with any
written submissions or rebuttals and any relevant portions of
the examiner's work papers and enter an order:
(i) Adopting the examination report as filed or with
modification or corrections. If the examination report reveals
that the insurer is operating in violation of any law,
regulation or prior order of the commissioner, the commissioner
may order the company to take any action the commissioner
considers necessary and appropriate to cure the violation;
(ii) Rejecting the examination report with directions
to the examiners to reopen the examination for purposes of
obtaining additional data, documentation or information, and
refiling pursuant to this section; or
(iii) Calling for an investigatory hearing with no
less than twenty (20) days notice to the company for purposes of
obtaining additional documentation, data, information and
testimony.
resulting from the commissioner's consideration and review of
the examination report, relevant examiner work papers and any
written submissions or rebuttals. Any such order shall be
considered a final administrative decision and may be appealed
pursuant to the Wyoming Administrative Procedure Act and shall
be served upon the insurer by certified mail, together with a
copy of the adopted examination report. Within thirty (30) days
of the issuance of the adopted report, the company shall file
affidavits executed by each of its directors stating under oath
that they have received a copy of the adopted report and related
orders.
the commissioner or authorized representative, shall be
conducted as a nonadversarial confidential investigatory
proceeding as necessary for the resolution of any
inconsistencies, discrepancies or disputed issues apparent upon
the face of the filed examination report or raised by or as a
result of the commissioner's review of relevant work papers or
by the written submission or rebuttal of the insurer. The
hearing shall proceed expeditiously with discovery by the
insurer limited to the examiner's work papers which tend to
substantiate any assertions set forth in any written submission
or rebuttal. The hearing shall proceed with the commissioner or
his representative posing questions to the persons subpoenaed.
Thereafter the insurer and the department may present testimony
relevant to the investigation. Cross examination shall be
conducted only by the commissioner or his representative. The
insurer and the department shall be permitted to make closing
statements and may be represented by counsel of their choice.
The commissioner shall not appoint an examiner as an authorized
representative to conduct the hearing but may exercise all other
powers granted to him in the conduct of hearings under this
code. Within twenty (20) days of the conclusion of any such
hearing, the commissioner shall enter an order pursuant to
paragraph (f)(i) of this section.
(j) Upon the adoption of the examination report under
paragraph (f)(i) of this section, the commissioner shall
continue to hold the content of the examination report as
private and confidential information for a period of thirty (30)
days except to the extent provided in subsection (c) of this
section. Thereafter, the commissioner may open the report for
public inspection so long as no court of competent jurisdiction
has stayed its publication.
shall require the department to disclose any information or
records which would indicate or show the existence or content of
any investigation or activity of a criminal justice agency.
Nothing contained in this code shall prevent or be construed as
prohibiting the commissioner from disclosing the content of an
examination report, preliminary examination report or results,
or any matter relating thereto, as authorized by and in
accordance with the provisions of W.S. 26-2-113(d). In the event
the commissioner determines that regulatory action is
appropriate as a result of any examination, he may initiate any
proceedings or actions as provided by law. The provisions of
W.S. 26-2-116 through 26-2-124 with regard to release of
information shall prevail should any conflict arise between this
act and W.S. 16-4-201 through 16-4-205.
(m) All working papers, recorded information, documents
and copies thereof produced by, obtained by or disclosed to the
commissioner or any other person in the course of an examination
made under W.S. 26-2-116 through 26-2-124, or in the course of
analysis by the commissioner of the financial condition or
market conduct of a company, shall be given confidential
treatment and are not subject to subpoena and shall not be made
public by the commissioner or any other person, except to the
extent provided in subsections (j) and (k) of this section.
26-2-122. Examinations; expense.
(a) The reasonable and proper expense of examination of an
insurer or of any person referred to in W.S. 26-2-117(a)(ii) or
(iv) shall be borne by the person examined, unless the expense
has been otherwise provided for by the insurer having paid the
assessment established by W.S. 26-2-204. The expense shall
include the reasonable and proper expenses of the commissioner
and his examiners, and a reasonable per diem as to such
examiners, as necessarily incurred in the examination.
(b) The person examined shall promptly pay the examination
expense upon the commissioner's presentation of a reasonably
detailed written account thereof. The commissioner shall file a
copy of the account in the department as a public record.
26-2-123. Witnesses; evidence; subpoenas.
may:
(iii) Receive oral and documentary evidence;
(iv) Subpoena witnesses and compel their attendance
and testimony; and
papers, records, files, correspondence, documents and other
evidence deemed relevant to the inquiry whether under control of
the department, the insurer or other persons.
(b) If any individual refuses to comply with any subpoena
or to testify as to any matter concerning which he is lawfully
interrogated, the district court of the county in which the
examination or investigation is being conducted or in which the
individual resides or may be found, on the commissioner's
application, may issue an order requiring the individual to
comply with the subpoena and testify or produce the evidence
subpoenaed. Failure to obey a court order may be punished by the
court as contempt.
(c) Subpoenas shall be served and proof of service made in
the same manner as if issued by a district court. Witness fees
and mileage, if claimed, shall be allowed the same as for
testimony in court.
26-2-124. Immunity from prosecution when testimony is
compelled; exception for perjury; waiver of immunity.
(a) If any person asks to be excused from attending or
testifying or from producing any books, papers, records,
correspondence, documents or other evidence in connection with
any examination, investigation or hearing the commissioner or
his representative conducts, or in any proceeding or action
before any court or magistrate upon a charge of violation of
this code, on the ground that the testimony or evidence required
of him may tend to incriminate him or subject him to a penalty
or forfeiture, and, notwithstanding, is directed by the
commissioner and the attorney general to give the testimony or
produce the evidence, he shall comply with that direction. The
person shall not thereafter be prosecuted or subjected to any
penalty or forfeiture for or because of any transaction, matter
or thing concerning which he may have testified or produced
evidence, and no testimony given or evidence produced shall be
received against him upon any criminal action, investigation or
proceeding, except that no person so testifying is exempt from
prosecution or punishment for perjury.
(b) Any person may execute, acknowledge and file in the
department a statement expressly waiving the immunity or
privilege in respect to any transaction, matter or thing
specified in the statement. The testimony of that person or the
evidence in relation to the transaction, matter or thing may
then be received or produced before any judge or justice, court,
tribunal, magistrate, grand jury or otherwise, and if so
received or produced the person is not entitled to any immunity
or privileges because of any testimony he gives or evidence he
produces.
(a) The commissioner may hold a hearing without request by
others for any purpose within the scope of this code.
(b) The commissioner shall hold a hearing:
(i) If required by this code or the Wyoming
Administrative Procedure Act; or
aggrieved by any act, threatened act or failure of the
commissioner to act, or by any report, rule, regulation or order
of the commissioner, other than an order for the holding of a
hearing, or an order on a hearing or pursuant to the order, of
which the person had notice.
(c) Any request for hearing shall be filed in the
department within ninety (90) days after the person knows or
reasonably should know of the act, threatened act, failure,
report or order, unless a different period is provided for by
other laws applicable to a particular matter, in which case the
other law governs. A hearing as to the legality of a rule or
regulation may be requested within ninety (90) days after the
person knows or reasonably should know of the application or
proposed application of the rule or regulation as to the person
in a particular instance.
(d) Any request for hearing shall summarize the
information and grounds to be relied upon as a basis for the
relief to be sought at the hearing.
(e) If the commissioner finds that the request is made in
good faith, that the person would be aggrieved if his grounds
are established and that the grounds otherwise justify the
hearing, he shall hold the hearing within thirty (30) days from
the date the request is filed, unless postponed by mutual
consent. Failure to hold the hearing upon request of a person
entitled thereto as provided in this section constitutes a
denial of the relief sought and is the equivalent of a final
order of the commissioner for the purpose of an appeal under
W.S. 26-2-129.
(f) Any request for hearing the commissioner receives
prior to the effective date of action he takes or proposes to
take stays the action pending the hearing, except as to action
taken or proposed under an order:
(i) On hearing;
(iii) To make good an impairment of the capital funds
of an insurer; or
(iv) Made pursuant to chapter 14 of this code.
(g) If an automatic stay is not provided for, and if the
commissioner after written request therefor fails to grant a
stay, the person aggrieved may apply to the district court of
Laramie county for a stay of the commissioner's action.
26-2-126. Commissioner's hearings; notice of hearing;
contents; delivery.
(a) Unless a longer period is expressly provided in this
code, the commissioner shall give written notice of the hearing
not less than ten (10) days in advance. If the persons to be
given notice are not specified in the provision pursuant to
which the hearing is held, the commissioner shall give notice to
all persons whose financial interests the hearing directly and
immediately affects.
(b) If any person is entitled to a hearing by any
provision of law before any proposed action is taken, the notice
of the hearing may be in the form of a notice to show cause
stating:
(i) That the proposed action may be taken unless the
person shows cause at a hearing to be held as specified in the
notice why the proposed action should not be taken; and
(ii) The basis of the proposed action.
(c) Notice of hearing shall otherwise be in accordance
with W.S. 16-3-107, except that mailed notice is deemed to have
been served when addressed to the person to be notified at his
address last of record with the department and deposited,
postage paid, in a mail depository of the United States post
office.
(a) The commissioner shall allow any party to the hearing
to:
(ii) Be present during the giving of all evidence;
(iii) Have a reasonable opportunity to inspect all
documentary and other evidence;
(v) Present evidence in support of his interest; and
(vi) Have subpoenas issued by the commissioner to
compel attendance of witnesses and production of evidence in his
behalf.
(b) Upon good cause shown the commissioner shall permit to
become a party to the hearing by intervention, if timely, only
those persons who were not original parties thereto and whose
pecuniary interests are to be directly and immediately affected
by the commissioner's order made upon the hearing.
(c) Hearings in other respects are subject to the Wyoming
Administrative Procedure Act as to contested cases.
26-2-128. Commissioner's hearings; commissioner's orders
after hearing.
hearing, or within sixty (60) days after termination if a
transcript of the proceedings is to be made, or of any rehearing
or reargument thereof, or within any other period as may be
specified in this code as to particular matters, or within any
further period to which the parties consent in writing, the
commissioner shall make and enter his order on hearing. Failure
of the commissioner to make and enter his order within the
period allowed is deemed a denial of the petition, relief or
application as to which the hearing was held.
(b) The commissioner shall promptly give a copy of the
order to each party to the hearing in the same manner as notice
of the hearing was given, except that as to hearings held
concerning merger, consolidation, bulk reinsurance or conversion
of a domestic insurer as provided for in chapter 24 or in
chapter 27 of this code, if notice of the hearing was mailed or
given to all stockholders or policyholders, or both, of the
insurer or insurers involved, the commissioner is required to
give a copy of the order to the corporate or insurer parties, to
intervening parties, to a reasonable number of the stockholders
or policyholders as representative of the class and to other
parties only upon written request of those parties.
(c) The orders are otherwise subject to the Wyoming
Administrative Procedure Act as in contested cases.
26-2-129. Commissioner's hearings; appeals; procedure;
injunctions.
(i) From the commissioner's order on hearing; or
(ii) As to a matter on which the commissioner fails
to:
under W.S. 26-2-125; or
required by W.S. 26-2-128.
(b) All such appeals shall be taken as provided by the
Wyoming Administrative Procedure Act for contested cases.
(c) This section does not prohibit recourse to injunction
or other appropriate emergency proceedings in proper
circumstances.
(a) The commissioner may issue a cease and desist order
if:
that a person, as defined by W.S. 26-1-102(a)(xx), is engaging
in any act or practice prohibited under this code which is
causing or can be reasonably expected to cause significant,
imminent and irreparable injury to the insuring public; and
(ii) That the department has either discussed the
matter with the person or has made a good-faith attempt to do
so.
(b) Upon issuance of a cease and desist order, the
commissioner shall serve upon the person affected by the order,
by personal service as defined in rule 4 of the Wyoming Rules of
Civil Procedure, or by registered or certified mail, return
receipt requested, to the person's last known address, an order
specifically stating the acts complained of and requiring the
person to immediately cease and desist from the act, methods or
practices stated. The cease and desist order shall have full
force and effect as soon as it is received unless stayed by the
commissioner pursuant to subsection (d) of this section. The
cease and desist order shall be of no effect at the end of the
second business day following its issuance unless the
commissioner shall have obtained a temporary restraining order,
pursuant to rule 65 of the Wyoming Rules of Civil Procedure or
the person receiving the order shall have stipulated that it
remain in effect pursuant to terms and conditions agreed upon by
the commissioner and that person. Thereafter, the commissioner
may seek such further orders of the court to enforce the cease
and desist order as he deems appropriate or necessary. If a
temporary restraining order is sought in accordance with this
subsection, the cease and desist order shall remain in effect
until the temporary restraining order or any extension thereof
is denied, or until the cease and desist order is modified or
stayed by an order of the court. The action seeking the
temporary restraining order shall be filed in the district court
for Laramie county or in the district court for the county in
which person affected by the order resides or has his principal
place of business.
(c) If the person affected by the cease and desist order
seeks to contest the order, the person shall request a hearing
before the commissioner not later than ten (10) days after the
date on which the person received the order. A request to
contest an order shall be in writing, served upon the
commissioner by personal service as defined in rule 4 of the
Wyoming Rules of Civil Procedure, or by registered or certified
mail, and shall state the grounds for the request to set aside
or modify the order.
(d) On receiving the request for a hearing, the
commissioner shall serve notice of the time and place of the
hearing at which the person requesting the hearing shall have
the opportunity to show cause why the order should not be
affirmed. The hearing shall be held within ten (10) days from
the date the request for hearing is received unless mutually
waived by the parties or continuance granted by the commissioner
for good cause. The cease and desist order shall continue in
full force and effect while the hearing is pending unless the
order is stayed by the commissioner.
(e) The hearing on the order shall be conducted according
to the procedures for contested cases under the Wyoming
Administrative Procedure Act.
(f) Within two (2) working days after the hearing, the
commissioner shall affirm, modify or set aside, in whole or in
part, the cease and desist order.
(g) A cease and desist order shall be final eleven (11)
days after the date the order is received by the person if a
hearing as provided by subsection (c) of this section is not
requested by the person affected by the order.
(h) Any person violating a cease and desist order issued
under this section shall be assessed a civil penalty as provided
by W.S. 26-1-107(b). If the commissioner reasonably believes
that a person has violated a cease and desist order issued under
this section, the commissioner may initiate judicial proceedings
to enjoin further violation of the order in the district court
for Laramie county or in the district court for the county in
which the person resides or has his principal place of business.
(j) The commissioner may promulgate reasonable rules and
regulations to carry out the purpose of this section.
(k) Any final order, ruling, finding, decision or other
act of the commissioner made pursuant to this chapter or this
section shall be subject to judicial review in accordance with
the Wyoming Administrative Procedure Act.
26-2-131. Immunity from liability.
(a) No cause of action shall arise nor shall any liability
be imposed against the commissioner, the commissioner's
authorized representatives or any examiner appointed by the
commissioner for any statements made or conduct performed in
good faith while carrying out an examination or related activity
under the provisions of this chapter.
(b) No cause of action shall arise nor shall any liability
be imposed against any person for the act of communicating or
delivering information or data to the commissioner, the
commissioner's authorized representative or examiner or law
enforcement agencies pursuant to an examination made under this
chapter or any other criminal investigation under title 6 of the
Wyoming statutes, if the act of communication or delivery was
performed in good faith and without fraudulent intent.
(c) Any person identified in subsection (a) or (b) of this
section shall be entitled to an award of attorney's fees and
costs if he is a prevailing party in a civil cause of action for
libel, slander or any other relevant tort arising out of
activities in carrying out an examination or related activity
under the provisions of this chapter and the party bringing the
action was not substantially justified in doing so. For
purposes of this section, a proceeding is "substantially
justified" if it had a reasonable basis in law or fact at the
time it was initiated.
(a) The commissioner shall appoint a health benefits plan
committee no later than September 30, 1995. The committee shall
be composed of seven (7) members, which shall include:
(i) The commissioner or his representative;
(ii) Two (2) representatives of authorized disability
insurers writing business in Wyoming;
(iii) One (1) representative each of:
(A) A small employer as defined by W.S.
26-19-302(a)(xxii);
disability insurance; and
26-40-102(a)(i).
(b) The committee shall review on at least a biennial
basis the form and level of coverages to be made available under
the Small Employer Health Insurance Availability Act and the
Wyoming Health Insurance Pool Act.
(c) For the Small Employer Health Insurance Availability
Act, the committee shall recommend benefit levels, cost sharing
factors, exclusions and limitations for the basic health benefit
plan and the standard health benefit plan. One (1) basic health
benefit plan and one (1) standard health benefit plan shall
contain benefit and cost sharing levels that are consistent with
the basic method of operation and the benefit plans of all
health benefit plans, including any restrictions imposed by
state or federal law. The plans recommended by the committee may
include cost containment features such as, but not limited to:
(i) Utilization review of health care services,
including review of medical necessity of hospital and physician
services;
(iii) Reasonable benefit differentials applicable to
participating and nonparticipating providers; and
(iv) Other managed care provisions.
(d) The committee shall submit its review of the plans and
any recommendation for modification of the plans to the
commissioner for approval within one hundred eighty (180) days
after the appointment of the committee pursuant to this section
and at least biennially thereafter. If the commissioner
disapproves of the plans or modifications thereto in whole or in
part he shall submit alternative interim plans to the committee
for its approval.
exclusions, preexisting condition limitations and other
limitations consistent with the Wyoming Health Insurance Pool
Act.
(f) Members of the committee shall be reimbursed from the
assets of the programs for expenses incurred by them as members
of the committee but shall not otherwise be compensated by the
programs for their services. The programs shall each pay
one-half (1/2) of the expenses of the committee.
(g) Committee meetings shall be open to the public.
26-2-133. Disclosure of nonpublic personal information;
rulemaking; rulemaking authority limited.
necessary to govern the practices of all persons licensed under
this code with respect to the disclosure of nonpublic personal
financial and health information of insurance consumers and
customers. The rules shall prohibit the disclosure of any
nonpublic personal information contrary to the provisions of
title V of the Gramm-Leach-Bliley Act of 1999, P.L. 106-102.
(b) Repealed By Laws 2007, Ch. 43, § 1.
26-2-134. Limiting the use of credit scoring; rulemaking.
(a) The commissioner is authorized to adopt rules as
necessary to govern the practices of all persons licensed under
this code with respect to the use of credit scoring in the
underwriting of personal lines, motor vehicles and homeowner
policies. The rules shall provide:
(i) That a person's credit history or scoring shall
not be the sole basis to cancel, deny or nonrenew an insurance
policy. An insurer may use credit history only in combination
with other valid underwriting factors independent of credit
history or score;
(ii) That an insurer shall provide notice to the
person when credit scoring is being used to underwrite a policy
and when use of credit scoring is adverse to the person;
(iii) That the consumer is adequately protected
against unfair discrimination in the use of credit scoring to
underwrite policies.
The state treasurer shall place all fees received by the
commissioner as provided in W.S. 26-2-205(c) in the state
general fund.
26-2-202. Expenditures of the department.
The state treasurer shall make payments on warrants drawn by the
state auditor, upon vouchers issued and signed by the
commissioner or his designee, for expenditures required to carry
out the functions of the department pursuant to the
appropriations authorized the department by law.
26-2-203. Repealed by Laws 2017, ch. 9, § 3.
26-2-204. Insurers assessed for department expenditures.
(a) In addition to any other tax, license or fee imposed
by law, each authorized insurer shall pay to the commissioner on
or before June 1 of each year a fee for the privilege of
transacting the business of insurance in this state, computed as
follows:
(i) On or before April 1 of each year, the
commissioner, with the governor's approval, shall estimate the
expenditures of the department for the fiscal year commencing
July 1, including the expense of any regularly scheduled
association, zone, triannual or similar periodic statutorily
scheduled financial examination of any authorized insurer,
provided that neither the actual expenditures nor estimated
expenditures of a fiscal year within the same biennial budget
for the department shall not exceed the amount appropriated to
the department by law; and
(ii) The commissioner shall then divide the estimated
amount of expenditures, after deducting therefrom any expected
unexpended funds in the account of the insurance department, by
the total number of insurers then authorized to transact
insurance in this state as of December 31 of the immediately
preceding year. The result of this computation is the amount of
the fee the commissioner shall assess each insurer.
(b) Upon receiving a statement of assessment from the
commissioner, each authorized insurer shall promptly pay the fee
to the commissioner.
26-2-205. Time for payment; penalties.
(a) If any insurer does not pay the assessment on or
before June 1 of the year in which assessed or as otherwise
ordered pursuant to W.S. 26-2-208, the assessment is delinquent.
If the assessment is delinquent, the commissioner may suspend or
revoke the insurer's certificate of authority.
(b) The suspension shall continue until the assessment is
paid together with an additional fee of ten dollars ($10.00) for
each day the fee remains delinquent after June 1. The penalty
for late payment is in addition to any other penalties provided
by this code.
(c) The commissioner shall deposit all sums collected
under this section with the state treasurer for credit to the
general fund.
31 shall pay to the commissioner the amount determined pursuant
to W.S. 26-2-204 prior to the commissioner issuing it a
certificate of authority. The commissioner shall deposit the
fee as provided by W.S. 26-2-204.
(b) This section does not apply to any insurer first
authorized after December 31, 1987, but before March 31, 1988.
26-2-207. Other powers unaffected.
authority, obligations or duties under W.S. 26-2-116 through
26-2-125, nor does this article exempt an insurer examined by
the department pursuant to W.S. 26-2-116(b) from the payments
required under W.S. 26-2-122(b).
26-2-208. Additional assessment authorized.
If it appears to the commissioner that the total amount of
assessments actually collected will not equal the authorized
expenditures of the department for any biennial appropriation
period, with the governor's approval, he shall make any
additional assessments upon authorized insurers which will
eliminate the deficiency. Any additional assessments are
subject to all provisions of this article as if they were
original assessments under W.S. 26-2-204.
26-2-209. Deduction allowed for retaliation.
Notwithstanding any other law, if any domestic insurer is
required to pay additional taxes or fees to some other
jurisdiction because of this article under the color of a
retaliatory statute or other similar law, the insurer may deduct
the additional taxes or fees from the premium taxes otherwise
payable under W.S. 26-4-103.
GENERAL REQUIREMENTS
26-3-101. Certificate of authority required.
(a) No person shall act as an insurer and no insurer shall
transact insurance in this state unless authorized by a
subsisting certificate of authority granted by the commissioner,
except as to transactions expressly otherwise provided in this
code.
otherwise transact insurance in another state or country, from
offices or by personnel located in this state, unless it holds a
subsisting certificate of authority granted by the commissioner
authorizing it to transact the same kinds of insurance in this
state.
(a) A certificate of authority is not required of an
insurer for:
under its policies lawfully written in this state, or
liquidation of its assets and liabilities, other than collection
of new premiums, all resulting from its authorized operations in
this state;
of a policy covering only subjects of insurance not resident,
located or expressly to be performed in this state at time of
issuance and lawfully solicited, written and delivered outside
this state;
written under chapter 11 of this code;
(iv) Reinsurance, except as to domestic reinsurers.
(b) An insurer not transacting new insurance business in
Wyoming but continuing collection of premiums on and servicing
policies remaining in force as to residents of or risks located
in Wyoming is transacting insurance in Wyoming for the purpose
of premium tax requirements only and is not required to have a
certificate of authority. This subsection does not apply to
insurers which withdrew from Wyoming prior to May 21, 1955.
26-3-103. General qualifications for authority to transact
business.
(a) To transact insurance in this state an insurer shall
be in compliance with this code, and its charter powers and
shall be an incorporated stock insurer, an incorporated mutual
insurer or a reciprocal insurer of the same general type as may
be formed as a domestic insurer under this code.
(b) No foreign insurer shall be authorized to transact
insurance or business on the mutual assessment plan, stipulated
premium plan or any similar plan in this state if that insurer
does not maintain reserves as required by chapter 6 of this code
as applicable to the kinds of insurance or business transacted,
wherever transacted in the United States. This prohibition does
not apply to mutual or reciprocal insurers doing business on the
cash premium plan but providing for contingent liability of
policyholders or subscribers.
state; credit and investigation reports.
(a) No foreign insurer owned or controlled in any manner
or degree by any government or governmental agency shall be
authorized to transact insurance in Wyoming. Membership in a
mutual insurer, or subscribership in a reciprocal insurer, or
ownership of stock of an insurer by the alien property custodian
or similar official of the United States, or ownership of stock
or other security which does not have voting rights with respect
to the insurer's management, or supervision of an insurer by
public authority, is not ownership or control of the insurer for
the purposes of this subsection.
(b) The commissioner shall not grant or continue authority
to transact insurance in this state as to any insurer the
management of which, after investigation or upon reliable
information, he finds:
(ii) So lacking in insurance company managerial
experience as to make a proposed operation hazardous to the
insurance-buying public; or
reinsurance or other insurance or business relations with any
person whose business operations are or have been marked by
manipulation of assets, accounts or reinsurance, or by bad
faith.
(c) Before granting a certificate of authority to a new
domestic insurer, the commissioner shall secure a credit and
investigation report as to the insurer's management personnel
and directors from a recognized and established independent
investigation and reporting agency. The commissioner may secure
a similar report relative to the management of any other insurer
at any time he deems advisable.
26-3-105. Qualification of new foreign insurers.
(a) No foreign insurer is authorized to transact insurance
in Wyoming if that insurer has not been issuing its own policies
as an authorized insurer for at least two (2) years, unless the
insurer is otherwise qualified for a certificate of authority
under this code and is:
(i) The wholly owned subsidiary or affiliate of an
insurer which is already an authorized insurer in Wyoming and
the subsidiary or affiliate shares common management and
business operations with the insurer;
(ii) The successor in interest through statutory
merger or statutory consolidation, or through bulk reinsurance
of substantially all of the insurance risks in this state, of an
authorized insurer; or
(iii) An insurer seeking authority to write a line of
insurance for which, in the commissioner's opinion:
(A) Adequate provision is not made by insurers
already authorized in this state; or
(B) Adequate competition between insurers does
not exist in this state.
(b) No foreign insurer shall continue to hold a
certificate of authority under W.S. 26-3-114 if the insurer has
reinsured substantially all of its insurance risks either prior
to, contemporaneously with or after being acquired by another
insurer not holding a subsisting certificate of authority in
this state.
(a) No insurer shall be formed or authorized to transact
insurance in this state if that insurer has or uses a name
which:
(i) Is the same as or deceptively similar to that of
another insurer already authorized;
(ii) In the case of a life insurer is deceptively
similar to that of another insurer authorized to transact
insurance in this state within the immediately preceding ten
(10) years, if life insurance policies originally issued by the
other insurer are still outstanding in this state;
(iii) Is the same as or deceptively similar to the
name of any foreign insurer not so authorized if the foreign
insurer has within the immediately preceding twelve (12) months
signified its intention to secure an incorporation in this state
under that name or to do business as a foreign insurer in this
state under that name by filing notice of intention with the
commissioner, unless the foreign insurer gives written consent
to the use of the name or deceptively similar name; or
(iv) Tends to deceive or mislead as to the insurer's
type of organization.
(b) In case of conflict of names between two (2) insurers,
or a conflict otherwise prohibited under this section, the
commissioner may permit, or shall require as a condition to the
issuance of an original certificate of authority to an applicant
insurer, the insurer to use in this state a modified name as may
reasonably be necessary to avoid the conflict.
26-3-107. Insurer may be authorized to transact
combination of kinds of insurance; exceptions.
(a) A qualified insurer may be authorized to transact one
(1) or more kinds of insurance as defined in chapter 5 of this
code, except:
(i) A life insurer may grant annuities and may be
authorized to transact disability insurance, except that the
commissioner may continue to authorize any qualified life
insurer which immediately prior to January 1, 1968 was lawfully
authorized to transact in this state any kinds of insurance in
addition to life and disability insurances and annuity business;
(ii) A reciprocal insurer shall not transact life
insurance;
(iii) A title insurer shall be a stock insurer and
shall not transact any other kind of insurance.
26-3-108. Capital and surplus requirements.
(a) To qualify for authority to transact any kind of
insurance as defined in chapter 5 or combination of kinds of
insurance as specified in this subsection, a foreign insurer, or
a domestic stock insurer applying for its original certificate
of authority, shall possess and thereafter maintain unimpaired
basic paid-in capital stock and surplus, if a stock insurer, or
unimpaired basic surplus, if a foreign mutual insurer or foreign
reciprocal insurer, in an amount not less than as follows:
Foreign Foreign
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(b) Capital and surplus requirements are based upon all
the kinds of insurance the insurer transacts in any areas in
which it operates or proposes to operate, whether or not only a
portion of the kinds are to be transacted in Wyoming.
(c) As to surplus required for qualification to transact
one (1) or more kinds of insurance and thereafter to be
maintained, domestic mutual insurers are governed by chapter 24
of this code and domestic reciprocal insurers are governed by
chapter 27 of this code.
(d) The commissioner may require additional capital and
surplus above the minimum capital and surplus requirements set
forth in this section, or any other section of this code based
upon the type, volume and nature of the insurance business
transacted.
requirements.
certificate of authority to transact insurance in this state as
of April 1, 1985, may continue to transact the kinds of
insurance permitted by the certificate of authority by complying
with this code and by maintaining unimpaired not less than the
same amount of paid-in capital stock or paid-in capital stock
and surplus, if a stock insurer, or not less than the same
amount of surplus, if a mutual insurer, as required under the
laws of this state for that authority immediately prior to that
date, and as if the laws had continued in force.
(b) An insurer specified in subsection (a) of this section
shall not be granted authority to transact any other or
additional kinds of insurance unless it then fully complies with
the capital and surplus requirements applied to all the kinds of
insurance it then proposes to transact, as provided under W.S.
26-3-108 as to new domestic insurers.
26-3-110. Additional kinds of insurance authorized for
certain insurers.
authorized insurer is also authorized:
(i) If a life i