Title 26, Title 26 — Insurance Code

False advertising prohibited; notification by commissioner of misrepresentation. No unauthorized insurer, in any manner, shall misrepresent to any person in this state as to its financial condition or the terms of any contract issued or to be issued by it or the advantages thereo…

Enforcement by commissioner; penalty for violation. (a) If within thirty (30) days following the giving of the notice specified in W.S. 26-12-302 the insurer has not ceased dissemination of any false advertising, and if the commissioner believes that the insurer is soliciting, is…

Short title. This article constitutes and may be cited as the "Unfair Trade Practices Act".

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…

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…

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…

"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…

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; …

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…

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…

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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 …

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…

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 …

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…

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.

Short title. This act shall be known and may be cited as the "Discretionary Clause Prohibition Act."

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…

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…

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…

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.

(b) If the commissioner disapproves the insurance policy, the insurer may request a hearing pursuant to the Wyoming Administrative Procedure Act.

Purpose of chapter; liberal interpretation. The purpose of this chapter is to protect the public and policyholders against the effects of excessive, inadequate or unfairly discriminatory rates by promoting price competition among insurers. The provisions in this chapter are inten…

Scope and applicability of chapter; liberal interpretation. (a) This chapter applies to all kinds of insurance written on risks in this state by any insurer authorized to do business, except nothing in this chapter applies to: (i) Life insurance; (ii) Disability insurance; (iii) …

Definitions. (a) As used in this chapter: (i) "Advisory organization" means any person or organization which assists insurers as authorized by W.S.

Competitive market presumed to exist. A competitive market is presumed to exist except as otherwise provided by this chapter.

Rating standards; methods. (a) Rates shall not be excessive, inadequate or unfairly discriminatory. (b) Risks may be classified in any way except that no risk may be classified in whole or in part on the basis of race, color, creed or national origin. In determining whether rates…

Rate regulation. (a) Rates in a noncompetitive market, when regulated, shall be regulated in accordance with W.S. 26-14-105 through 26-14-108 applicable to noncompetitive markets. (b) The commissioner may regulate rates in an unregulated market if he determines that: (i) The unre…

Filing of rates; supplementary rate information; supporting information; public inspection; consent to rates. (a) In competitive markets, every insurer shall maintain all rates and supplementary rate information to be used in this state, in accordance with the provisions of W.S. …

Disapproval of rates; bases; procedures. (a) The commissioner shall disapprove a rate for use in a noncompetitive market if he finds pursuant to subsection (b) of this section that the rate is excessive, inadequate or unfairly discriminatory. (b) Disapproval of rates by the commi…

Advisory organizations; registration required; authorized activities; availability of services. (a) No advisory organization shall provide any service relating to the rates of any insurer subject to this chapter, and no insurer shall utilize the services of such organization for …

Records and reports; exchange of information. (a) Insurers shall file with the commissioner, and the commissioner shall review, reasonable rules and plans for recording and reporting of loss and expense experience. The commissioner may designate one (1) or more advisory organizat…

Insurers and advisory organizations; monopolies prohibited; agreements to adhere prohibited. (a) No insurer or advisory organization shall attempt to monopolize or combine or conspire with any other person to monopolize an insurance market in this state. (b) Except as otherwise p…

Joint underwriting; pool and residual market activities. (a) Insurers participating in joint underwriting, pools or residual market mechanisms may act in cooperation with each other in the making of rates, supplementary rate information, policy or bond forms, surveys, inspections…

Examinations; records; costs; report in lieu of examination. (a) The commissioner may examine any insurer, pool, advisory organization or residual market mechanism to ascertain compliance with this chapter. (b) Every insurer, pool, advisory organization and residual market mechan…

Exemptions. The commissioner may exempt any line of insurance from any or all of the provisions of this chapter for the purpose of relieving the line of insurance from filing provisions of this chapter.