Title 26 — Title 26 — Insurance Code

Records of broker; contents; examination. (a) Each surplus lines broker shall keep in his office a full and true record of each surplus lines insurance contract placed by or through the broker for which this state is the home state of the insured, including a copy of the policy, …

Surplus lines broker affidavit report. (a) Each surplus lines broker, on or before February 15, May 15, August 15 and November 15 of each year, if applicable, shall file with the commissioner an affidavit report verifying that all surplus lines insurance transacted during the pre…

Tax on surplus lines. (a) Repealed By Laws 2011, Ch. 103, § 3. (b) Repealed By Laws 2011, Ch. 103, § 3. (c) In addition to the full amount of gross premiums charged by the insurer for the insurance, every surplus lines broker shall collect and pay to the commissioner a sum equal …

Failure to file report or pay tax; penalty. Any licensed surplus lines broker or insured who independently procures insurance, who fails to file a report in the form and within the time required or provided for in W.S. 26-11-117 or 26-11-124 may be fined up to twenty-five dollars…

Service of process against nonadmitted insurer. (a) A nonadmitted insurer shall be sued, upon any cause of action arising in this state under any contract it issues as a nonadmitted insurance contract pursuant to this chapter, in the district court of the county in which the caus…

Rules and regulations. (a) The commissioner shall make or may approve and adopt reasonable rules and regulations, consistent with this chapter, for any of the following purposes: (i) Carrying out of this chapter; (ii) Establishment of procedures through which eligibility of parti…

Disclosure to commissioner of insurance placed with nonadmitted insurer. Any person for whom insurance is placed with an nonadmitted insurer, upon the commissioner's order, shall produce for his examination all policies and other documents evidencing the insurance and shall discl…

Interstate insurance regulatory cooperation. To carry out the purposes of the Nonadmitted and Reinsurance Reform Act of 2010, 15 U.S.C. 8201 et seq., the commissioner may participate in a nonadmitted insurance multistate agreement or compact for the purposes of collecting, alloca…

Independently procured insurance; duty to report and pay tax. (a) Each insured whose home state is this state and who independently procures, continues or renews insurance with a nonadmitted insurer, other than insurance procured through a surplus lines broker, shall, within fort…

(a) "Industrial insured" defined. As used in this chapter: (i) "Industrial insured" means an insured: (A) Which procures the insurance of any risk other than life and annuity contracts through the services of a full-time employee acting as an insurance manager or buyer or the ser…

Representing or aiding unauthorized insurers prohibited; exceptions. (a) No person in this state shall: (i) Act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact insurance in this state, in the: (A) Solicitation, negotia…

Suits by unauthorized insurers prohibited. As to transactions not permitted under W.S. 26-3-102, no unauthorized insurer shall institute or file or cause to be instituted or filed, any suit, action or proceeding in this state to enforce any right, claim or demand arising out of a…

Short title; interpretation of article. (a) This article constitutes and may be cited as the "Unauthorized Insurers Process Act". (b) This article shall be so interpreted as to carry out its general purpose to make uniform the laws of those states which enact it.

Commissioner as agent for service. (a) Solicitation, carrying out or delivery of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with insurance by or on …

Service of process generally. (a) Service of process upon any insurer pursuant to W.S. 26-12-202 shall be made in accordance with W.S. 26-3-122, and service of process is sufficient if it complies with that section. (b) Service of process in any such action, suit or proceeding, i…

Exemptions from service of process provisions. (a) W.S. 26-12-202 and 26-12-203 do not apply to surplus line insurance lawfully carried out under chapter 11, or to reinsurance, or to any action or proceeding against an unauthorized insurer arising out of any of the following if t…

Defense of action by unauthorized insurer. (a) Before an unauthorized insurer files or causes to be filed any pleading in any action or proceeding instituted against it under W.S. 26-12-202 and 26-12-203, that insurer shall: (i) Procure a certificate of authority to transact insu…

insurer. Attorney fees in actions against unauthorized In any action against an unauthorized insurer, if the insurer fails for thirty (30) days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the…

Short title. This article constitutes and may be cited as the "Unauthorized Insurers False Advertising Process Act".

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…

violation. Enforcement by commissioner; penalty for (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…

prohibited. (a) Misrepresentations and false advertising 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…

prohibited. (a) False or misleading financial statements 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…

exception. Boycott, coercion and intimidation prohibited; 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…

(a) Rebates. 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…

Repealed by Laws 2023, ch. 32, § 2.

Repealed by Laws 2023, ch. 32, § 2.

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…

insurance. Illegal dealing in premiums; excess charges for (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 …

Repealed by Laws 1995, ch. 175, § 2.

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 …

prohibited. (a) False applications, claims and proofs of loss 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…