Title 26, Title 26 — Insurance Code
56 chapters · 1,073 sections in this title.
W.S. § 26-13-101 Short title
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Short title. This article constitutes and may be cited as the "Unfair Trade Practices Act".
W.S. § 26-13-102 Unfair methods and deceptive acts prohibited
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Unfair methods and deceptive acts prohibited. No person shall engage in this state in any trade practice which is defined in this article as or is determined pursuant to this article to be an unfair method of competition or an unfair or deceptive act or practice in the business o…
W.S. § 26-13-103 Misrepresentations and false advertising prohibited
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Misrepresentations and false advertising prohibited. (a) No person shall: (i) Make, issue, circulate, or cause to be made, issued or circulated, any estimate, circular or statement misrepresenting the terms of any policy issued or to be issued or the benefits or advantages promis…
W.S. § 26-13-104 Home office false advertising prohibited
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Home office false advertising prohibited. No person shall make in any manner in any advertising or other communication medium any advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respe…
W.S. § 26-13-105 "Twisting" prohibited
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"Twisting" prohibited. No person shall make or issue, nor cause to be made or issued, any written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions or benefits contained in any policy for the purpose of inducing or attempting to induce…
W.S. § 26-13-106 False or misleading financial statements prohibited
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False or misleading financial statements prohibited. (a) No person shall: (i) File with any supervisory or other public official or in any manner place or cause to be placed before any other person, any false statement of financial condition of an insurer with intent to deceive; …
W.S. § 26-13-107 Defamation prohibited
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Defamation prohibited. No person shall make or aid, abet or encourage the making in any manner in any communication medium of any oral or written statement which is false or maliciously critical of or derogatory to an insurer's financial condition, or of an organization proposing…
W.S. § 26-13-108 Boycott, coercion and intimidation prohibited; exception
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Boycott, coercion and intimidation prohibited; exception. No person shall enter into any agreement to commit, or by any concerted action commit, any act of boycott, coercion or intimidation resulting in unreasonable restraint of or any monopoly in any business of insurance, excep…
W.S. § 26-13-109 Unfair discrimination prohibited
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Unfair discrimination prohibited. (a) No person shall make or permit any unfair discrimination between current or prospective insureds or insured risks: (i) Repealed by Laws 2023, ch. 32, § 2. (ii) Of the same class, having similar insuring or risk characteristics and of essentia…
W.S. § 26-13-110 Rebates
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Rebates. (a) Except as otherwise provided by law, no person shall: (i) Authorize, offer to make or make any contract of insurance or agreement as to that contract other than as expressed in the contract issued thereon; (ii) Pay, allow or give or offer to pay, allow, give, receive…
W.S. § 26-13-113 Deductible amount of collision coverage; subrogation; right to deductible
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Deductible amount of collision coverage; subrogation; right to deductible. (a) If an insurer pays a loss claim to its insured and the insurer decides to subrogate to the insured's loss claim, the deductible amount shall be included in the subrogated loss claim and the insurance c…
W.S. § 26-13-114 Securities operations and advisory board contracts as insurance inducement prohibited
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Securities operations and advisory board contracts as insurance inducement prohibited. No insurer or other person shall offer, issue or deliver or permit its agents, officers or employees to offer, issue or deliver, in this or any other state, agency company stock or other capita…
W.S. § 26-13-115 Desist orders by commissioner; appeal; violation of order
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Desist orders by commissioner; appeal; violation of order. (a) If the commissioner finds that any person in this state, after a hearing in which the person is notified of the hearing and the charges against him, has engaged or is engaging in any act or practice defined in or proh…
W.S. § 26-13-116 Procedures for undefined deceptive practices
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Procedures for undefined deceptive practices. (a) If the commissioner believes that any person in conducting an insurance business in this state is engaging in any method of competition or in any act or practice, not defined in this chapter, which is unfair or deceptive and that …
W.S. § 26-13-117 Service of process upon unauthorized insurers
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Service of process upon unauthorized insurers. (a) Service of all process, statements of charges and notices under this chapter upon unauthorized insurers shall be made in accordance with W.S. 26-3-122. (b) The commissioner shall forward all process, statements of charges and not…
W.S. § 26-13-118 Favored agent or insurer
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Favored agent or insurer. (a) No person shall require as a condition to loaning money upon the security of any real or personal property, or to the selling of that property under contract, that the owner of the property to whom the money is to be loaned or the vendee of the prope…
W.S. § 26-13-119 Interlocking ownership and management
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Interlocking ownership and management. (a) Any insurer may retain, invest in or acquire the whole or any part of the capital stock of any other insurer, or have a common management with any other insurer, unless the retention, investment, acquisition or common management is incon…
W.S. § 26-13-120 Political contributions prohibited; penalty
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Political contributions prohibited; penalty. (a) No insurer shall in any manner pay or use, or offer, consent or agree to pay or use, any money or property: (i) For or in aid of any: (A) Political party, committee or organization; (B) Corporation or other body organized or mainta…
W.S. § 26-13-121 Illegal dealing in premiums; excess charges for insurance
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Illegal dealing in premiums; excess charges for insurance. (a) No person shall willfully collect any sum as premium or charge for insurance: (i) If the insurance is not then provided or is not in due course to be provided, subject to the insurer's acceptance of the risk, by an in…
W.S. § 26-13-122 Fictitious groups prohibited
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Fictitious groups prohibited. (a) No authorized or unauthorized insurer shall make available, through any rating plan or form, property, casualty or surety insurance to any firm, corporation or association of individuals at any preferred rate or premium based upon any fictitious …
W.S. § 26-13-124 Unfair claims settlement practices
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Unfair claims settlement practices. (a) A person is considered to be engaging in an unfair method of competition and unfair and deceptive act or practice in the business of insurance if that person commits or performs with such frequency as to indicate a general business practice…
W.S. § 26-13-125 Certificates of insurance
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Certificates of insurance. (a) No person shall prepare, issue or knowingly request the issuance of a certificate of insurance unless the form has been filed and approved in accordance with W.S. 26-15-110. No person shall alter or modify a certificate of insurance form unless the …
W.S. § 26-13-201 False applications, claims and proofs of loss prohibited
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False applications, claims and proofs of loss prohibited. (a) No person shall knowingly or willfully: (i) Make any false or fraudulent statement or representation in or with reference to any application for insurance or for the purpose of obtaining any money or benefit; (ii) Pres…
W.S. § 26-13-202 Penalties
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Penalties. Any person who violates this article is subject to the penalty provided in W.S. 26-1-107, or as provided by any other applicable law which provides a greater penalty.
W.S. § 26-13-301 Short title
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Short title. This act shall be known and may be cited as the "Discretionary Clause Prohibition Act."
W.S. § 26-13-302 Purpose and intent
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Purpose and intent. The purpose of this act is to assure that health insurance benefits not subject to the federal Employee Retirement Income Security Act are contractually guaranteed, and to avoid the conflict of interest that occurs when the carrier responsible for providing be…
W.S. § 26-13-303 Definitions
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Definitions. (a) As used in this act: (i) "Commissioner" means as defined in W.S. 26-1-102(a)(viii); (ii) "Health care services" means services for the diagnosis, prevention, treatment, cure or relief of a health condition, illness, injury or disease; (iii) "Health carrier" means…
W.S. § 26-13-304 Discretionary clause prohibited
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Discretionary clause prohibited. (a) No policy, contract, certificate or agreement offered or issued in this state by a health carrier to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services may contain a provision purporting to reserve dis…
W.S. § 26-13-305 Penalties
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Penalties. Any person who violates this act is subject to the penalty provided in W.S. 26-1-107, or as provided by any other applicable law which provides a greater penalty.