reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-116 - Examination of Insurers.

26-2-116. Examination of insurers.
(a) For the purpose of determining financial condition, 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(c) Repealed by Laws 1992, ch. 59, 3.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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-117 - Examination of Other Than Insurers.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-120 - Examinations; Deceit and Obstruction During Examination Prohibited.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-122 - Examinations; Expense.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-123 - Witnesses; Evidence; Subpoenas.

26-2-123. Witnesses; evidence; subpoenas.
(a) In any examination or investigation the department conducts, the commissioner or any representative he appoints may:
(i) Administer oaths and affirmations;
(ii) Examine and cross-examine witnesses;
(iii) Receive oral and documentary evidence;
(iv) Subpoena witnesses and compel their attendance and testimony; and
(v) Require by subpoena the production of any books, 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-124 - Immunity From Prosecution When Testimony Is Compelled; Exception for Perjury; Waiver of Immunity.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-125 - Commissioner's Hearings; Generally; When Required; Request for Hearing; Stay.

26-2-125. Commissioner's hearings; generally; when required; request for hearing; stay.
(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
(ii) Upon written request therefor by a person 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;
(ii) Pursuant to an order 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-126 - Commissioner's Hearings; Notice of Hearing; Contents; Delivery.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-127 - Commissioner's Hearings; Procedure.

26-2-127. Commissioner's hearings; procedure.
(a) The commissioner shall allow any party to the hearing to:
(i) Appear in person and by counsel;
(ii) Be present during the giving of all evidence;
(iii) Have a reasonable opportunity to inspect all documentary and other evidence;
(iv) Examine and cross-examine witnesses;
(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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-128 - Commissioner's Hearings; Commissioner's Orders After Hearing.

26-2-128. Commissioner's hearings; commissioner's orders after hearing.
(a) Within thirty (30) days after termination of a 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-129 - Commissioner's Hearings; Appeals; Procedure; Injunctions.

26-2-129. Commissioner's hearings; appeals; procedure; injunctions.
(a) An appeal shall be taken only:
(i) From the commissioner's order on hearing; or
(ii) As to a matter on which the commissioner fails to:
(A) Hold a hearing after application therefor under W.S. 26-2-125; or
(B) Make and enter his order on hearing as 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-131 - Immunity From Liability.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-133 - Disclosure of Nonpublic Personal Information; Rulemaking; Rulemaking Authority Limited.

26-2-133. Disclosure of nonpublic personal information; rulemaking; rulemaking authority limited.
(a) The commissioner is authorized to adopt rules 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 1 - Commissioner › Section 26-2-134 - Limiting the Use of Credit Scoring; Rulemaking.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 2 - Funding › Section 26-2-202 - Expenditures of the Department.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 2 - Funding › Section 26-2-204 - Insurers Assessed for Department Expenditures.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 2 - Funding › Section 26-2-205 - Time for Payment; Penalties.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 2 - Funding › Section 26-2-206 - Newly Authorized Insurers.

26-2-206. Newly authorized insurers.
(a) Any insurer becoming first authorized after December 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 2 - Funding › Section 26-2-207 - Other Powers Unaffected.

26-2-207. Other powers unaffected.
Nothing in this article alters or amends the commissioner's 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).
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 2 - Funding › Section 26-2-208 - Additional Assessment Authorized.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 2 - The Insurance Commissioner › Article 2 - Funding › Section 26-2-209 - Deduction Allowed for Retaliation.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-101 - Certificate of Authority Required.

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.
(b) No insurer shall solicit insurance applications or 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-102 - When Certificate Not Required.

26-3-102. When certificate not required.
(a) A certificate of authority is not required of an insurer for:
(i) Investigation, settlement or litigation of claims 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;
(ii) Transactions thereunder subsequent to issuance 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;
(iii) Transactions pursuant to coverages lawfully 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-103 - General Qualifications for Authority to Transact Business.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-104 - Insurers Not Qualified to Transact Business in State; Credit and Investigation Reports.

26-3-104. Insurers not qualified to transact business in 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:
(i) Is incompetent or untrustworthy;
(ii) So lacking in insurance company managerial experience as to make a proposed operation hazardous to the insurance-buying public; or
(iii) Is affiliated through ownership, control 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-105 - Qualification of New Foreign Insurers.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-106 - Conflict of Names Prohibited.

26-3-106. Conflict of names prohibited.
(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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-107 - Insurer May Be Authorized to Transact Combination of Kinds of Insurance; Exceptions.

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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-108 - Capital and Surplus Requirements.

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
Kind or Mutual Reciprocal
kinds of Stock Insurers Insurers Insurers
insurance Capital Stock Surplus Surplus Surplus
________________________________________________________________
Life $1,000,000. $500,000. $1,500,000.
Disability 1,000,000. 500,000. 1,500,000. 1,500,000.
Life &
Disability 1,000,000. 1,000,000. 2,000,000.
Property 1,000,000. 1,000,000. 2,000,000. 2,000,000.
Casualty
Excluding
Surety 1,000,000. 1,000,000. 2,000,000. 2,000,000.
Including
Surety 1,000,000. 1,500,000. 2,500,000. 2,500,000.
Marine &
Transportation 1,000,000. 1,000,000. 2,000,000. 2,000,000.
Multiple
line
(Property
and any
additional
kind) 2,000,000. 2,000,000. 4,000,000. 4,000,000.
Title 500,000. 250,000.
(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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-109 - Delayed Compliance With Capital and Surplus Requirements.

26-3-109. Delayed compliance with capital and surplus requirements.
(a) A domestic or foreign insurer holding a valid 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.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-110 - Additional Kinds of Insurance Authorized for Certain Insurers.

26-3-110. Additional kinds of insurance authorized for certain insurers.
(a) Without additional capital or additional surplus, an authorized insurer is also authorized:
(i) If a life insurer, to grant annuities;
(ii) If a disability insurer, to insure against congenital defects as defined in W.S. 26-5-106(a)(xii);
(iii) If a casualty insurer, to transact also disability insurance;
(iv) If a property insurer, to include an amount and kind of insurance against legal liability for injury, damage or loss to the person or property of others, and for medical, hospital and surgical expense related to that injury, as the commissioner deems to be reasonably incidental to insurance of real property against fire and other perils under policies covering farm properties, or residential properties designed for occupancy by not more than four (4) families, with or without incidental office, professional, private school or studio occupancy by an insured, whether or not the premium or rate charged for certain perils so covered is specified in the policy.
(b) Paragraphs (a)(iii) and (iv) of this section do not apply to domestic insurers authorized pursuant to W.S. 26-3-109(a).
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-112 - Certificate of Authority; Application; Contents of Application.

26-3-112. Certificate of authority; application; contents of application.
(a) An insurer shall apply to the commissioner for an original certificate of authority, stating under oath of the president, or vice-president or other chief officer and the secretary of the insurer, or of the attorney-in-fact if the insurer is a reciprocal insurer, the insurer's name, location of its home office, or principal office in the United States if an alien insurer, the kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile and any additional information the commissioner reasonably requires. The application shall be accompanied by the applicable fees as provided in W.S. 26-4-101 together with the following documents, as applicable:
(i) If a corporation, a current, complete copy of its charter or articles of incorporation currently certified by the public official with whom the originals are on file;
(ii) If a domestic incorporated insurer or a mutual insurer, a current, complete copy of its bylaws, certified by the insurer's corporate secretary;
(iii) If a reciprocal insurer, a current, complete copy of the power of attorney of its attorney-in-fact, certified by the attorney-in-fact;
(iv) If a domestic reciprocal insurer, the declaration provided for in W.S. 26-27-107(b);
(v) A complete copy of its financial statement as of not earlier than the December 31 immediately preceding in "convention" form, sworn to by at least two (2) executive officers of the insurer or certified by the public insurance supervisory official of the insurer's state of domicile or of entry into the United States if an alien insurer;
(vi) A copy of the report of last examination made of the insurer as of a date within not more than the sixty (60) months immediately preceding, certified by the Wyoming insurance department or by the public insurance supervisory official of the insurer's state of domicile or state of entry into the United States if an alien insurer;
(vii) Acceptance of the constitution of the state of Wyoming, upon a form the commissioner furnishes for that purpose;
(viii) Appointment of the commissioner pursuant to W.S. 26-3-121 as its attorney to receive service of legal process;
(ix) If a foreign insurer a certificate:
(A) Of the public insurance supervisory official of its state or country of domicile showing that it is authorized to transact in that state or country the kinds of insurance proposed to be transacted in this state;
(B) As to deposit if to be tendered pursuant to W.S. 26-3-111(b).
(x) If an alien insurer, a copy of the appointment and authority of its United States manager, certified by its officer having custody of its records;
(xi) Repealed by Laws 2018, ch. 21, 2.
(xii) Designation by the insurer of its officer or representative authorized to appoint and remove its agents in this state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-113 - Certificate of Authority; Issuance; Contents; Delivery; Return.

26-3-113. Certificate of authority; issuance; contents; delivery; return.
(a) If the commissioner finds that the insurer meets the certificate requirements under this code, he shall issue to the insurer a proper certificate of authority. If he finds the insurer does not meet the certificate requirements, the commissioner shall issue his order refusing the certificate. The commissioner shall act upon an application for certificate of authority within a reasonable period after its completion.
(b) The certificate, if issued, shall specify the kinds of insurance the insurer is authorized to transact in Wyoming. At the insurer's request the commissioner may issue a certificate of authority limited to particular types of insurance or coverages within the scope of a kind of insurance as defined in chapter 5 of this code.
(c) Although issued and delivered to the insurer, the certificate of authority at all times is the property of this state. Upon expiration, suspension or termination of the certificate, the insurer shall promptly deliver the certificate to the commissioner.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-114 - Certificate of Authority; Continuation; Expiration; Reinstatement.

26-3-114. Certificate of authority; continuation; expiration; reinstatement.
(a) A certificate of authority issued under this code continues in force until suspended or revoked by the commissioner or terminated at the insurer's request, subject to continuance by the insurer each year by:
(i) Payment prior to March 1 of the continuation fee provided in W.S. 26-4-101;
(ii) Filing by the insurer of its annual statement for the immediately preceding calendar year as required by W.S. 26-3-123; and
(iii) Payment by the insurer of premium taxes for the immediately preceding calendar year as required by W.S. 26-4-103.
(b) If not continued, an insurer's certificate of authority expires at midnight on May 31 immediately following the insurer's failure to continue it in force, unless earlier revoked for failure to pay taxes as provided in W.S. 26-4-105(b). The commissioner shall promptly notify the insurer of any impending expiration of its certificate of authority.
(c) The commissioner, upon the insurer's request made within three (3) months after expiration, may reinstate a certificate of authority which the insurer has permitted to expire, after the insurer has:
(i) Cured all failures which resulted in the expiration; and
(ii) Paid the reinstatement fee specified in W.S. 26-4-101.
(d) If an insurer fails to renew its certificate of authority within the time specified in subsection (c) of this section, another certificate shall be issued only after all requirements for an original certificate of authority in this state are fulfilled.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-115 - Suspension, Revocation of Certificate of Authority; Mandatory Grounds; Hearing Required.

26-3-115. Suspension, revocation of certificate of authority; mandatory grounds; hearing required.
(a) The commissioner shall refuse to continue or shall suspend or revoke an insurer's certificate of authority if:
(i) That action is required by any provision of this code;
(ii) A foreign insurer and it no longer meets the capital and surplus requirements specified in W.S. 26-3-108, or is otherwise unqualified;
(iii) A domestic insurer and it has failed to cure a capital or surplus impairment within the time the commissioner allows under this code, or is otherwise unqualified; or
(iv) The insurer's certificate of authority to transact insurance is suspended or revoked by its state of domicile, or state of entry into the United States if an alien insurer.
(b) Notwithstanding W.S. 16-3-113, in case of insolvency or impairment of required capital or surplus, or suspension or revocation by another state, the commissioner shall refuse, suspend or revoke the certificate of authority without a prior hearing. In all other cases the commissioner shall refuse, suspend or revoke the certificate of authority only after a hearing, unless the insurer waives the hearing in writing.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 3 - Authorization of Insurers and General Requirements › Article 1 - In General › Section 26-3-117 - Suspension and Revocation of Certificate of Authority; Order and Notice of Suspension.

26-3-117. Suspension and revocation of certificate of authority; order and notice of suspension.
(a) All suspensions or revocations of or refusals to continue an insurer's certificate of authority shall be by the commissioner's order given to the insurer.
(b) Upon issuance of an order, the commissioner shall immediately give notice thereof to the insurer's agents in this state of record in the department and shall suspend or revoke the authority of those agents to represent the insurer.
(c) The commissioner shall publish notice of any suspension, revocation or refusal to continue in a newspaper in general circulation.