56 chapters · 1,242 sections in this title.
W.S. § 26-47-112 Penalties and liabilities
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Penalties and liabilities. (a) A reinsurance intermediary, insurer or reinsurer found by the commissioner to be in violation of any provision of this article, after a hearing conducted in accordance with W.S. 26-2-125 shall: (i) For each separate violation, pay a penalty in an am…
W.S. § 26-47-113 Fees; rules and regulations
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Fees; rules and regulations. (a) The commissioner may impose a biennial fee not to exceed one hundred dollars ($100.00) upon any reinsurance intermediary subject to the provisions of this article. The fee shall be in addition to any other fees provided in this code. (b) The commi…
W.S. § 26-48-101 (a) Definitions
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(a) Definitions. As used in this article: (i) "Adjusted RBC report" means an RBC report which has been adjusted by the commissioner in accordance with W.S. 26-48-102(d); (ii) "Corrective order" means an order issued by the commissioner specifying corrective actions which the comm…
W.S. § 26-48-102 Risk-based capital reports
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Risk-based capital reports. (a) Every domestic insurer shall, annually on or prior to March 1, prepare and submit to the commissioner a report of its RBC levels as of the end of the calendar year just ended, in a form and containing information as required by the RBC instructions…
W.S. § 26-48-103 Company action level event
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Company action level event. (a) "Company action level event" means any of the following events: (i) The filing of an RBC report by an insurer which indicates any of the following: (A) The insurer's total adjusted capital is greater than or equal to its regulatory action level RBC…
W.S. § 26-48-104 Regulatory action level event
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Regulatory action level event. (a) "Regulatory action level event" means, with respect to any insurer, any of the following events: (i) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its authorized …
W.S. § 26-48-105 Authorized control level event
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Authorized control level event. (a) "Authorized control level event" means any of the following events: (i) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less th…
W.S. § 26-48-106 Mandatory control level event
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Mandatory control level event. (a) "Mandatory control level event" means any of the following events: (i) The filing of an RBC report which indicates that the insurer's total adjusted capital is less than its mandatory control level RBC; (ii) Notification by the commissioner to t…
W.S. § 26-48-107 Hearings
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Hearings. (a) An insurer shall have the right to a departmental hearing, on a record, at which the insurer may challenge any of the following determinations or actions by the commissioner: (i) Notification to an insurer by the commissioner of an adjusted RBC report; (ii) Notifica…
W.S. § 26-48-108 announcements
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announcements. Confidentiality and prohibition on (a) To the extent the information therein is not required to be set forth in a publicly available annual statement schedule, all RBC reports and RBC plans, including the results or report of any examination or analysis of an insur…
W.S. § 26-48-109 Supplemental provisions; rulemaking authority; exceptions; limitations
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Supplemental provisions; rulemaking authority; exceptions; limitations. (a) The provisions of this article are supplemental to any other provisions of the laws of this state, and shall not preclude or limit any other powers or duties of the commissioner under those laws, includin…
W.S. § 26-48-110 Foreign Insurers
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Foreign Insurers. (a) Any foreign insurer not subject to a substantially similar RBC law in its domicile, shall submit to the commissioner an RBC report on or before March 15, for the preceding calendar year. Any other foreign insurer shall, upon the written request of the commis…
W.S. § 26-48-111 Notices
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Notices. All notices by the commissioner to an insurer which may result in regulatory action under this article shall be effective upon mailing if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer's receipt o…
W.S. § 26-48-112 Phase-in provision
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Phase-in provision. (a) For RBC reports required to be filed by life or disability insurers with respect to 1994, the following requirements shall apply in lieu of the provisions of W.S. 26-48-103 through 26-48-106: (i) In the event of a company action level event with respect to…
W.S. § 26-48-201 (a) Definitions
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(a) Definitions. As used in this article: (i) "Adjusted RBC report" means an RBC report which has been adjusted by the commissioner in accordance with W.S. 26-48-202(c); (ii) "Corrective order" means an order issued by the commissioner specifying corrective actions which the comm…
W.S. § 26-48-202 Risk-based capital reports
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Risk-based capital reports. (a) A domestic health organization shall, annually on or prior to March 1, prepare and submit to the commissioner a report of its RBC levels as of the end of the calendar year just ended, in a form and containing information as required by the RBC inst…
W.S. § 26-48-203 Company action level event
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Company action level event. (a) "Company action level event" means any of the following events: (i) The filing of an RBC report by a health organization that indicates that the health organization's total adjusted capital is greater than or equal to its regulatory action level RB…
W.S. § 26-48-204 Regulatory action level event
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Regulatory action level event. (a) "Regulatory action level event" means, with respect to a health organization, any of the following events: (i) The filing of an RBC report by the health organization that indicates that the health organization's total adjusted capital is greater…
W.S. § 26-48-205 Authorized control level event
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Authorized control level event. (a) "Authorized control level event" means any of the following events: (i) The filing of an RBC report by the health organization that indicates that the health organization's total adjusted capital is greater than or equal to its mandatory contro…
W.S. § 26-48-206 Mandatory control level event
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Mandatory control level event. (a) "Mandatory control level event" means any of the following events: (i) The filing of an RBC report which indicates that the health organization's total adjusted capital is less than its mandatory control level RBC; (ii) Notification by the commi…
W.S. § 26-48-207 Hearings
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Hearings. (a) A health organization shall have the right to an administrative hearing, on a record, at which the health organization may challenge any of the following determinations or actions by the commissioner: (i) Notification to a health organization by the commissioner of …
W.S. § 26-48-208 Confidentiality; prohibition on announcements; prohibition on use in ratemaking
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Confidentiality; prohibition on announcements; prohibition on use in ratemaking. (a) All RBC reports, to the extent the information is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any examination…
W.S. § 26-48-209 Supplemental provisions; rules; exemptions
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Supplemental provisions; rules; exemptions. (a) The provisions of this article are supplemental to any other provisions of the laws of this state, and shall not preclude or limit any other powers or duties of the commissioner under such laws, including, but not limited to, W.S. 2…
W.S. § 26-48-210 Foreign health organizations
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Foreign health organizations. (a) A foreign health organization shall, upon the written request of the commissioner, submit to the commissioner an RBC report as of the end of the calendar year just ended by the later of: (i) The date an RBC report would be required to be filed by…
W.S. § 26-48-211 Immunity
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Immunity. There shall be no liability on the part of, and no cause of action shall arise against, the commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this article.
W.S. § 26-48-212 Notices
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Notices. All notices by the commissioner to a health organization that may result in regulatory action under this article shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the health o…
W.S. § 26-49-101 Scope and purposes
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Scope and purposes. (a) The purpose of this article is to create a legal framework within which service contracts may be sold in this state. (b) The following are exempt from W.S. 26-49-103 through 26-49-111: (i) Warranties; (ii) Maintenance agreements; (iii) Warranties, service …
W.S. § 26-49-102 (a) Definitions
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(a) Definitions. As used in this article: (i) "Administrator" means the person who is responsible for the administration of the service contracts or the service contracts plans or who is responsible for any filings required by this article; (ii) "Consumer" means a natural person …
W.S. § 26-49-103 Requirements for doing business
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Requirements for doing business. (a) A provider may, but is not required to, appoint an administrator or other designee to be responsible for any or all of the administration of service contracts and compliance with this article. (b) Service contracts shall not be issued, sold or…
W.S. § 26-49-104 policy
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policy. Required provisions; reimbursement insurance (a) Reimbursement insurance policies insuring service contracts issued, sold or offered for sale in this state shall state that the insurer that issued the reimbursement insurance policy shall reimburse or pay on behalf of the …
W.S. § 26-49-105 Required disclosures; service contracts
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Required disclosures; service contracts. (a) Service contracts marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state shall be written, printed or typed in clear, understandable language that is easy to read and shall disclose the requi…
W.S. § 26-49-106 Prohibited acts
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Prohibited acts. (a) A provider shall not use in its name the words insurance, casualty, surety, mutual or any other words descriptive of the insurance, casualty or surety business; or a name deceptively similar to the name or description of any insurance or surety corporation, o…
W.S. § 26-49-107 Record keeping requirements
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Record keeping requirements. (a) The provider shall keep accurate accounts, books, and records concerning transactions regulated under this article. The provider’s accounts, books and records shall include the following: (i) Copies of each type of service contract sold; (ii) The …
W.S. § 26-49-108 Cancellation of reimbursement insurance policy
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Cancellation of reimbursement insurance policy. As applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with chapter 35 of this code, has been mailed or delivered to the commissioner. The te…
W.S. § 26-49-109 insurers
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insurers. Obligations of reimbursement insurance policy (a) Providers are considered to be the agent of the insurer which issued the reimbursement insurance policy for purposes of obligating the insurer to service contract holders in accordance with the service contract and this …
W.S. § 26-49-110 Enforcement provisions
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Enforcement provisions. (a) The commissioner may conduct examinations of providers, administrators, insurers or other persons to enforce this article and protect service contract holders in this state. Upon request of the commissioner, the provider shall make all accounts, books …
W.S. § 26-49-111 Authority to develop regulations
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Authority to develop regulations. The commissioner may promulgate reasonable rules and regulations necessary to implement this article.
W.S. § 26-50-101 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-102 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-103 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-104 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-105 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-106 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-107 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-108 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-50-109 Repealed By Laws 2013, Ch
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Repealed By Laws 2013, Ch. 123, § 3.
W.S. § 26-51-101 Purpose and scope
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Purpose and scope. The requirements of this chapter shall apply to all insurers domiciled in this state unless exempt pursuant to W.S.
W.S. § 26-51-102 (a) Definitions
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(a) Definitions. As used in this chapter: (i) "Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in W.S. 26-44-101(a)(iv); (ii) "Insurer" shall have the same meaning as set forth in W.S. 26-1-102(a)(xvi), except th…
W.S. § 26-51-103 Risk management framework
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Risk management framework. An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer…
W.S. § 26-51-104 ORSA requirement
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ORSA requirement. Subject to W.S. 26-51-106, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA guidance manual. The ORSA shall be conducted no less than annually but also at any ti…