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2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-112 - Complaint System.

26-34-112. Complaint system.
(a) Each health maintenance organization shall establish and maintain a complaint system which has been approved by the commissioner, after consultation with the administrator, to provide reasonable procedures for the resolution of written complaints initiated by enrollees.
(b) Each health maintenance organization shall submit to the commissioner and the administrator, an annual report, in a form the commissioner prescribes, after consultation with the administrator, which shall include:
(i) A description of the procedures of the complaint system;
(ii) The total number of complaints handled through the complaint system and a compilation of causes underlying the complaints filed; and
(iii) The number, amount and disposition of malpractice claims made by an enrollee of the organization that were settled during the year by the health maintenance organization. All such information shall be held in confidence by the commissioner.
(c) The commissioner or the administrator may examine the complaint system at any time.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-119 - Powers of Insurers and Hospital and Health Service Corporations.

26-34-119. Powers of insurers and hospital and health service corporations.
(a) Any insurance company licensed in this state, or a hospital or health service corporation authorized to do business in this state, either directly or through a subsidiary or affiliate, may organize and operate a health maintenance organization under this chapter. Notwithstanding any other law to the contrary, any two (2) or more such insurance companies, hospitals or health service corporations, or subsidiaries or affiliates thereof, may jointly organize and operate a health maintenance organization. The business of insurance is deemed to include the providing of health care by a health maintenance organization owned or operated by an insurer or a subsidiary thereof.
(b) Notwithstanding any other provision of this code, any insurer or any hospital or health service corporation may contract with a health maintenance organization to provide insurance or similar protection against the cost of care provided through health maintenance organizations and to provide coverage in the event of the failure of the health maintenance organization to meet its obligations.
(c) The enrollees of a health maintenance organization constitute a permissible group under this code or any other laws of this state. Among other things, under any contract specified the insurer or hospital or health service corporation may make benefit payments to health maintenance organizations for health care services rendered by providers.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-120 - Examination.

26-34-120. Examination.
(a) The commissioner may make an examination of the affairs of any health maintenance organization and providers with whom that organization has contracts, agreements or other arrangements as often as is reasonably necessary for the protection of the interests of the people of this state but not less frequently than once every five (5) years.
(b) The administrator may make an examination concerning the quality of health care service and the adequacy of quality assurance programs of any health maintenance organization and providers with whom that organization has contracts, agreements or other arrangements as often as is reasonably necessary for the protection of the interests of the people of this state but not less frequently than once every five (5) years.
(c) Each health maintenance organization and provider shall submit its relevant books and records for the examinations specified in this section and in every way facilitate those examinations. For the purpose of examinations, the commissioner and the administrator may administer oaths to and examine the officers and agents of the health maintenance organization and the principals of any providers concerning their business.
(d) Repealed by Laws 1995, ch. 210, 3.
(e) Instead of the examinations under this section the commissioner or administrator may accept the report of an examination made by the insurance commissioner or public health commissioner of another state. A report from another state's insurance commissioner shall 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 34 - Health Maintenance Organizations › Section 26-34-122 - Rehabilitation, Liquidation or Conservation of a Health Maintenance Organization.

26-34-122. Rehabilitation, liquidation or conservation of a health maintenance organization.
(a) Any rehabilitation, liquidation or conservation of a health maintenance organization is deemed to be the rehabilitation, liquidation or conservation of an insurance company and shall be conducted under the commissioner's supervision pursuant to the provisions of this code governing the rehabilitation, liquidation or conservation of insurance companies. The commissioner may apply for an order directing him to rehabilitate, liquidate or conserve a health maintenance organization upon any one (1) or more grounds set out in chapter 28 of this code, or if in his opinion the continued operation of the health maintenance organization would be hazardous either to the enrollees or to the people of this state. Enrollees have the same priority in the event of liquidation or rehabilitation as the law provides to policyholders of an insurer.
(b) For purposes of determining the priority of distribution of general assets, claims of enrollees and enrollees' beneficiaries shall have the same priority as established by chapter 28 of this code for policyholders and beneficiaries of insureds of insurance companies. If an enrollee is liable to any provider for services provided pursuant to and covered by the health care plan, that liability shall have the status of an enrollee claim for distribution of general assets.
(c) Any provider who is obligated by statute or agreement to hold enrollees harmless from liability for services provided pursuant to and covered by a health care plan shall have a priority of distribution of the general assets immediately following that of enrollees and enrollees' beneficiaries as described herein, and immediately preceding the priority of distribution described in W.S. 26-28-125(a)(iv).
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-123 - Summary Orders and Supervision.

26-34-123. Summary orders and supervision.
(a) Whenever the commissioner determines that the financial condition of any health maintenance organization is such that its continued operation might be hazardous to its enrollees, creditors, or the general public, or that it has violated any provision of this act, he may, after notice and hearing, order the health maintenance organization to take action reasonably necessary to rectify the condition or violation, including but not limited to one (1) or more of the following:
(i) Reduce the total amount of present and potential liability for benefits by reinsurance or other method acceptable to the commissioner;
(ii) Reduce the volume of new business being accepted;
(iii) Reduce expenses by specified methods;
(iv) Suspend or limit the writing of new business for a period of time;
(v) Increase the health maintenance organization's capital and surplus by contribution; or
(vi) Take other steps the commissioner deems appropriate under the circumstances, including those steps authorized in W.S. 26-3-132(b) and (c) for insurers.
(b) For purposes of this section, the violation by a health maintenance organization of any law of this state to which the health maintenance organization is subject shall be deemed a violation of this act.
(c) The commissioner is authorized, by rules and regulations, to set uniform standards and criteria for early warning that the continued operation of any health maintenance organization might be hazardous to its enrollees, creditors or the general public and to set standards for evaluating the financial condition of any health maintenance organization. The standards shall be consistent with the purposes expressed in subsection (a) of this section.
(d) The remedies and measures available to the commissioner under this section shall be in addition to, and not in lieu of, the remedies and measures available to the commissioner under the provisions of chapter 28 of this code.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-124 - Regulations.

26-34-124. Regulations.
The commissioner, after notice and hearing, may promulgate reasonable rules and regulations necessary or proper to carry out this chapter. The rules and regulations are subject to review in accordance with W.S. 28-9-101 through 28-9-108.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-125 - Administrative Procedures.

26-34-125. Administrative procedures.
(a) If the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority or for the imposition of an administrative penalty exist, he shall notify the health maintenance organization and the administrator by written order specifically stating the grounds for denial, suspension, revocation or administrative penalty. The health maintenance organization or applicant may in writing request a hearing within thirty (30) days from the date of mailing of the order. If no written request is made, the order shall be final upon the expiration of the thirty (30) days.
(b) If the health maintenance organization or applicant requests a hearing pursuant to this section, the commissioner shall issue a written notice of hearing and send it to the health maintenance organization or applicant by certified or registered mail and to the administrator stating:
(i) A specific time for the hearing, which may not be less than twenty (20) nor more than thirty (30) days after mailing of the notice of hearing; and
(ii) A specific place for the hearing, which may be either in Cheyenne or in the county where the health maintenance organization's or applicant's principal place of business is located.
(c) If a hearing is requested, the administrator, or his designated representative, shall be in attendance at the hearing and shall participate in the proceedings. The administrator's recommendations and findings with respect to matters relating to the quality of health care services provided in connection with any decision regarding denial, suspension or revocation of a certificate of authority, are conclusive and binding upon the commissioner. After the hearing, or upon the failure of the health maintenance organization to appear at the hearing, the commissioner shall take action as is deemed advisable on written findings which shall be mailed to the health maintenance organization with a copy thereof to the administrator. The commissioner's action and the administrator's recommendations and findings are subject to review by the district court. The court, in disposing of the issue before it, may modify, affirm or reverse the commissioner's order in whole or in part.
(d) The Wyoming Administrative Procedure Act applies to proceedings under this section to the extent it is not in conflict with this section.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-126 - Fees; Taxes.

26-34-126. Fees; taxes.
(a) Each health maintenance organization subject to this chapter shall pay to the commissioner the following fees:
(i) For filing an application for a certificate of authority or amendment thereto, seven hundred fifty dollars ($750.00);
(ii) For annual certificate of authority renewal, five hundred dollars ($500.00);
(iii) For filing an amendment to the organization documents that requires approval, ten dollars ($10.00) for each document;
(iv) Repealed By Laws 2000, Ch. 30, 2.
(b) Fees charged under this section shall be paid to the state treasurer for deposit in the general fund.
(c) Each health maintenance organization shall be treated as an authorized insurer for purposes of W.S. 26-2-204.
(d) Each health maintenance organization shall report direct premium income and shall pay premium taxes in accordance with the provisions of chapter 4 of this code.
(e) Each health maintenance organization shall be treated as a member insurer for purposes of the Wyoming Life and Health Insurance Guaranty Association Act.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-127 - Penalties and Enforcement.

26-34-127. Penalties and enforcement.
(a) The commissioner, instead of suspension or revocation of a certificate of authority under W.S. 26-34-121, may levy an administrative penalty in an amount not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00) if reasonable notice in writing is given of the intent to levy the penalty and the health maintenance organization has a reasonable time within which to remedy the defect in its operations which gave rise to the penalty citation. The commissioner may augment this penalty by an amount equal to the sum that he calculates to be the damages suffered by enrollees or other members of the public.
(b) If the commissioner or the administrator for any reason has cause to believe that any violation of this chapter has occurred or is threatened, the commissioner or administrator may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in the suspected violation, to arrange a conference with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to the suspected violation, and, if it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violation. Proceedings under this subsection shall not be governed by any formal procedural requirements, and may be conducted in a manner the commissioner or the administrator deems appropriate under the circumstances. However, unless consented to by the health maintenance organization, no rule or order shall result from a conference until the requirements of this section or W.S. 26-34-125 are satisfied.
(c) The commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of this chapter. Within fifteen (15) days after service of the cease and desist order, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. The hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act, and judicial review is available as provided by that act.
(d) In the case of any violation of this chapter, if the commissioner elects not to issue a cease and desist order, or in case of noncompliance with a cease and desist order issued pursuant to subsection (c) of this section, the commissioner may institute a proceeding to obtain injunctive or other appropriate relief in the district court.
(e) Notwithstanding any other provisions of this act, if a health maintenance organization fails to comply with the net worth requirement of this act, the commissioner is authorized to take appropriate action to assure that the continued operation of the health maintenance organization will not be hazardous to its enrollees.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-128 - Statutory Construction and Relationship to Other Laws.

26-34-128. Statutory construction and relationship to other laws.
(a) Except as otherwise specifically provided in this chapter, the other provisions of this code relating to insurers and the provisions of title 35 of the Wyoming statutes relating to hospitals or medical service corporations are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to:
(i) An insurer or hospital or medical service corporation licensed and regulated pursuant to the insurance law or the hospital or medical service corporation laws of this state except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.
(ii) Repealed By Laws 2004, ch. 130, 2.
(b) Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.
(c) Any health maintenance organization authorized under this chapter is not deemed to be practicing medicine and is exempt from the provisions of W.S. 33-26-101 through 33-26-511.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-129 - Filings and Reports as Public Documents.

26-34-129. Filings and reports as public documents.
All applications, filings and reports required under this chapter, except those which are trade secrets or privileged or confidential quality assurance, commercial or financial information, other than any annual financial statement that may be required under W.S. 26-34-110, shall be treated as public documents.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-130 - Confidentiality of Medical Information.

26-34-130. Confidentiality of medical information.
(a) Any data or information pertaining to the diagnosis, treatment or health of any enrollee or applicant obtained from that person or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except:
(i) To the extent that it may be necessary to carry out the purposes of this chapter;
(ii) Upon the express consent of the enrollee or applicant;
(iii) Pursuant to statute or court order for the production of evidence or the discovery thereof; or
(iv) In case of claim or litigation between the person and the health maintenance organization wherein the data or information is pertinent.
(b) A health maintenance organization is entitled to claim any statutory privileges against such disclosure which the provider who furnished the information to the health maintenance organization is entitled to claim.
(c) A person who, in good faith and without malice, takes any action or makes any decision or recommendation as a member, agent or employee of a health care review committee or who furnishes any records, information or assistance to such a committee shall not be subject to liability for civil damages or any legal action in consequence of that action, nor shall the health maintenance organization which established such a committee or the officers, directors, employees or agents of the health maintenance organization be liable for the activities of any such person. This section shall not be construed to relieve any person of liability arising from treatment of a patient.
(d) The information considered by a health care review committee and the records of its actions and proceedings shall be confidential and not subject to subpoena or order to produce except in proceedings before the appropriate state licensing or certifying agency, or in an appeal, if permitted, from the committee's findings or recommendations. The information shall not be shared pursuant to W.S. 26-2-113(d). No member of a health care review committee, or officer, director or other member of a health maintenance organization or its staff engaged in assisting such committee, or any person assisting or furnishing information to such committee may be subpoenaed to testify in any judicial or quasi-judicial proceeding if the subpoena is based solely on such activities. Information considered by a health care review committee and the records of its actions and proceedings which are used pursuant to this subsection by a state licensing or certifying agency or in an appeal shall be kept confidential and shall be subject to the same provision concerning discovery and use in legal actions as are the original information and records in the possession and control of a health care review committee.
(e) To fulfill its obligations under W.S. 26-34-108, the health maintenance organization shall have access to treatment records and other information pertaining to the diagnosis, treatment or health status of any enrollee.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-132 - Acquisition of Control of or Merger of a Health Maintenance Organization.

26-34-132. Acquisition of control of or merger of a health maintenance organization.
No person may make a tender for or a request or invitation for tenders of, or enter into an agreement to exchange securities for or acquire in the open market or otherwise, any voting security of a health maintenance organization, or enter into any other agreement if, after the consummation thereof, that person would, directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of the health maintenance organization, and no person may enter into an agreement to merge or consolidate with or otherwise to acquire control of a health maintenance organization, unless, at the time any offer, request or invitation is made or any agreement is entered into, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the commissioner and has sent to the health maintenance organization, information required by W.S. 26-44-103(b)(i) through (v), (c) and (d) and the offer, request, invitation, agreement or acquisition has been approved by the commissioner. Approval by the commissioner shall be governed by W.S. 26-44-103(f) through (h).
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-133 - Coordination of Benefits.

26-34-133. Coordination of benefits.
(a) Health maintenance organizations are permitted, but not required, to adopt coordination of benefits provisions to avoid overinsurance and to provide for the orderly payment of claims when a person is covered by two (2) or more group health insurance or health care plans.
(b) If a health maintenance organization adopts coordination of benefits provisions, the provisions shall be consistent with the coordination of benefits provisions that are in general use in the state for coordinating coverage between two (2) or more group health insurance or health care plans.
(c) To the extent necessary for health maintenance organizations to meet their obligations as secondary carriers under the rules for coordination, the organizations shall make payments for services that are:
(i) Received from nonparticipating providers; or
(ii) Provided outside their service areas.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-134 - Written Agreement With Providers; Discrimination Prohibited.

26-34-134. Written agreement with providers; discrimination prohibited.
(a) Before entering into any written agreement with any provider for the furnishing of health care services to enrollees of a health maintenance organization the organization shall establish terms and conditions to be required of any provider interested in entering into the agreement. In no event shall any Wyoming provider willing to meet the established terms and conditions be denied the right to enter into any written agreement. The established terms and conditions shall not discriminate against any Wyoming provider solely on the basis of an inability to provide specified services within a health maintenance organization's entire service area. This subsection shall not be construed to require any health maintenance organization to involuntarily employ any person, sell any ownership interest to any person, enter into any partnership with any person or grant staff privileges to any person.
(b) No health maintenance organization shall discriminate in employment, contracting, participation, reimbursement or indemnification against a provider who is acting within the scope of his professional license under applicable state law, based solely on the academic degree of the provider.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-135 - Application of Other Laws.

26-34-135. Application of other laws.
(a) The annual audited financial reports law, title 26, chapter 3, article 3 of the Wyoming statutes, shall apply to domestic health maintenance organizations licensed under this chapter.
(b) The Wyoming Insurance Holding Company System Regulatory Act, title 26, chapter 44 of the Wyoming statutes, shall apply to domestic health maintenance organizations licensed under this chapter.
(c) Except for those portions of the Wyoming Insurance Holding Company System Regulatory Act, title 26, chapter 44 of the Wyoming statutes, made applicable by W.S. 26-34-132 and which are in effect prior to January 1, 2017, this section shall be applied to domestic health maintenance organizations licensed under this chapter on and after January 1, 2017.
(d) The Wyoming Insurance Corporate Governance Annual Disclosure Act, W.S. 26-54-101 through 26-54-108, shall apply to domestic health maintenance organizations licensed under this chapter.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 1 - In General › Section 26-35-101 - Manner of Providing Notice.

26-35-101. Manner of providing notice.
Notices required by this chapter shall be personally delivered to the insured and the agent or shall be mailed to the insured and the agent at their addresses last of record with the insurer. If mailed, notice shall be deemed given when deposited in the United States mail, postage prepaid. Proof of mailing shall be sufficient proof of notice.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 1 - In General › Section 26-35-102 - Refund of Unearned Premium Upon Cancellation.

26-35-102. Refund of unearned premium upon cancellation.
Any insurer who cancels a policy of insurance in accordance with this chapter shall, prior to cancellation, refund any unearned premium to the policyholder.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 1 - In General › Section 26-35-103 - Prohibited Practices.

26-35-103. Prohibited practices.
(a) It is unlawful for any insurer to cancel, nonrenew or renew a policy of insurance except in compliance with the requirements of this chapter.
(b) Mid-term cancellation of an entire block, line or class of business is presumed to be unfair, inequitable, deceptive, contrary to the public interest or a method and practice rendering the further transaction of insurance in this state injurious to policyholders or to the public and is hereby declared to be unlawful.
(c) If a policy has been issued for a term longer than one (1) year, and for additional premium consideration an annual premium has been guaranteed, it shall be unlawful for the insurer to increase that annual premium during the term of that policy.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 1 - In General › Section 26-35-104 - Penalties.

26-35-104. Penalties.
Any insurer who violates this chapter is subject to monetary penalties or license revocation or suspension as provided in W.S. 26-1-107 and 26-3-116.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 1 - In General › Section 26-35-105 - Issuance or Renewal With Exclusions.

26-35-105. Issuance or renewal with exclusions.
An insurer may in lieu of nonissuance, cancellation, nonrenewal or premium increase offer to issue, continue or renew a motor vehicle insurance policy but to exclude from coverage, by name, the person whose claim experience or driving record would have justified the nonissuance, premium increase, cancellation or nonrenewal.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 1 - In General › Section 26-35-106 - Transfers of Policies Resulting From Mergers, Acquisitions or Restructuring or Resulting in Broader Coverage; Notice Not Required.

26-35-106. Transfers of policies resulting from mergers, acquisitions or restructuring or resulting in broader coverage; notice not required.
(a) Subject to the provisions of W.S. 26-35-204, a nonrenewal or cancellation notice shall not be required if a policy is transferred from an insurer to an affiliated insurer under common management and control:
(i) As a result of a merger, acquisition or company restructuring; or
(ii) If the transfer results in the same or broader coverage.
(b) Nothing in this section shall be construed as limiting the right of an insured to cancel a policy.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 2 - Property and Casualty Insurance Policies › Section 26-35-201 - Scope of Article.

26-35-201. Scope of article.
This article applies to all property and casualty insurance as defined in W.S. 26-5-104 and 26-5-106, except this article does not apply to binders and other temporary contracts for temporary insurance provided for under W.S. 26-15-119 or personal lines auto policies.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 2 - Property and Casualty Insurance Policies › Section 26-35-202 - Mid-Term Cancellation; Grounds; Notice; Exception.

26-35-202. Mid-term cancellation; grounds; notice; exception.
(a) An insurance policy or renewal shall not be cancelled by an insurer prior to the expiration of the term stated in the policy, except for any one (1) of the following reasons:
(i) Failure to pay a premium when due;
(ii) Material misrepresentation of fact which if known to the company would have caused the company not to issue the policy;
(iii) Substantial change in the risk assumed, except to the extent that the insurer should reasonably have foreseen the change or contemplated the risk in writing the policy; or
(iv) Substantial breaches of contractual duties, conditions or warranties.
(b) Cancellation under paragraph (a)(i), (iii) or (iv) of this section shall not be effective unless written notice stating the precise reason for cancellation has been made as provided in W.S. 26-35-101:
(i) Not less than ten (10) days prior to the proposed effective date of cancellation if cancellation is for the reason stated in paragraph (a)(i) of this section; or
(ii) Not less than forty-five (45) days prior to the proposed effective date of cancellation in all other cases except paragraph (a)(ii) of this section.
(c) Subsections (a) and (b) of this section do not apply to any insurance policy which has been in effect for less than sixty (60) days and is not a renewal of a previously existing policy for a term longer than sixty (60) days.
(d) If an insurance company loses its reinsurance and the loss threatens the solvency of the company, the company shall:
(i) Continue coverage to the extent of its retention as to each policyholder;
(ii) Notify each policyholder of the amount of coverage still present; and
(iii) Refund the unearned premium.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 2 - Property and Casualty Insurance Policies › Section 26-35-203 - Nonrenewal; Notice.

26-35-203. Nonrenewal; notice.
(a) No insurance policy shall be nonrenewed by an insurer except in accordance with the provisions of this section and any nonrenewal attempted which is not in compliance with this section is ineffective.
(b) A policy may be nonrenewed by the insurer at its expiration or anniversary date by giving written notice of nonrenewal as provided in W.S. 26-35-101, not less than forty-five (45) days, or if the policy is a professional health care malpractice liability policy not less than ninety (90) days, prior to the expiration or anniversary date of the policy.
(c) Any notice of nonrenewal under this section shall state the precise reason for nonrenewal. There shall be no liability on the part of an insurer for stated reasons of nonrenewal given in good faith pursuant to this article.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 35 - Cancellation, Renewal and Nonrenewal of Policies › Article 2 - Property and Casualty Insurance Policies › Section 26-35-204 - Renewal With Altered Terms; Notice.

26-35-204. Renewal with altered terms; notice.
(a) If an insurer intends to renew a policy, but on less favorable terms or at higher rates, the insurer shall furnish to the insured and the agent of record, if any, renewal terms and a statement of the amount of premium due for the renewal policy period in accordance with this section.
(b) The renewal terms and statement of premium due shall be given pursuant to W.S. 26-35-101 not less than forty-five (45) days, or if the policy is a professional health care malpractice liability policy not less than ninety (90) days, prior to the expiration or anniversary date of the original policy. For rates regulated pursuant to W.S. 26-14-106(a) and (b), sixty (60) days notice of the renewal terms and premium due shall be required if the insurer notified the insured of its proposed changes at the time the insurer filed with the insurance commissioner.
(c) If the insurer fails to furnish the renewal terms and statement of premium due in the manner required by this section, the insured may elect to cancel the renewal policy within the forty-five (45) day period following receipt of the renewal terms and statement of premium due. Earned premium for any period of coverage shall be calculated pro rata based upon the premium applicable to the original policy and not the premium applicable to the renewal policy.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-104 - Risk Retention Groups Chartered in This State.

26-36-104. Risk retention groups chartered in this state.
A risk retention group seeking to be chartered in this state must be chartered and licensed as a liability insurance company authorized by the insurance laws of this state and, except as provided elsewhere in this act, must comply with all of the laws, rules, regulations and requirements applicable to such insurers chartered and licensed in this state and with W.S. 26-36-106 to the extent such requirements are not a limitation on laws, rules, regulations or requirements of this state. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the insurance commissioner of this state a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of liability insurance. Immediately upon receipt of an application for charter, this state shall provide summary information concerning the filing to the National Association of Insurance Commissioners, including the name of the risk retention group, the identity of the initial members of the group, the identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group, the amount and nature of initial capitalization, the coverages to be afforded and the states in which the group intends to operate. Providing notification to the National Association of Insurance Commissioners is in addition to and shall not be sufficient to satisfy the requirements of W.S. 26-36-106 and all other sections of this act.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-106 - Compulsory Associations.

26-36-106. Compulsory associations.
(a) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state, nor shall any risk retention group or its insureds receive any benefit from any such fund for claims arising out of the operations of such risk retention group.
(b) A risk retention group shall participate in this state's joint underwriting associations and mandatory liability pools as provided by this act.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-108 - Purchasing Groups; Exemption From Certain Laws Relating to the Group Purchase of Insurance.

26-36-108. Purchasing groups; exemption from certain laws relating to the group purchase of insurance.
Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance, prohibition of group purchasing or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this state which prohibits providing, or offering to provide, to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters. A purchasing group shall be subject to all other applicable laws of this state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-109 - Notice and Registration Requirements of Purchasing Groups.

26-36-109. Notice and registration requirements of purchasing groups.
(a) A purchasing group which intends to do business in this state shall furnish notice to the commissioner which shall:
(i) Identify the state in which the group is domiciled;
(ii) Specify the lines and classifications of liability insurance which the purchasing group intends to purchase;
(iii) Identify the insurance company from which the group intends to purchase its insurance and the domicile of such company;
(iv) Identify the principal place of business of the group; and
(v) Provide such other information as may be required by the commissioner to verify that the purchasing group is qualified under W.S. 26-36-103(a)(x).
(b) The purchasing group shall register with and designate the commissioner as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group:
(i) Which was domiciled before April 1, 1986, and is domiciled on and after October 27, 1986 in any state of the United States;
(ii) Which before October 27, 1986 purchased insurance from an insurance carrier licensed in any state, and since October 27, 1986 purchased its insurance from an insurance carrier licensed in any state;
(iii) Which was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and
(iv) Which does not purchase insurance that was not authorized for purposes of an exemption under that act, as in effect before October 27, 1986.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-110 - Restrictions on Insurance Purchased by Purchasing Groups.

26-36-110. Restrictions on insurance purchased by purchasing groups.
A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-111 - Administrative and Procedural Authority Regarding Risk Retention Groups and Purchasing Groups.

26-36-111. Administrative and procedural authority regarding risk retention groups and purchasing groups.
The commissioner is authorized to make use of any of the powers established under the Insurance Code of this state to enforce the laws of this state so long as those powers are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This includes, but is not limited to, the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders and impose penalties. With regard to any investigation, administrative proceedings or litigation, the commissioner can rely on the procedural law and regulations of the state. The injunctive authority of the commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-113 - Duty of Agents or Brokers to Obtain License.

26-36-113. Duty of agents or brokers to obtain license.
Any person acting or offering to act as an agent or broker for a risk retention group or purchasing group which solicits members, sells insurance coverage, purchases coverage for its members located within the state or otherwise does business in this state shall, before commencing any such activity, obtain a license from the commissioner pursuant to the laws of this state except that no restrictions as to residency which discriminate against a nonresident agent or broker shall apply to risk retention agents or brokers.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-114 - Binding Effect of Orders Issued in United States District Court.

26-36-114. Binding effect of orders issued in United States district court.
An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any state or in all states or in any territory or possession of the United States upon a finding that such a group is in a hazardous financial condition shall be enforceable in the courts of this state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 36 - Risk Retention › Section 26-36-116 - Registration Fee.

26-36-116. Registration fee.
Each risk retention group or risk purchasing group seeking to do business in the state of Wyoming shall pay a registration fee of two hundred dollars ($200.00), which shall accompany the required registration application. Each risk retention group or risk purchasing group doing business in Wyoming shall be required to pay an annual fee of two hundred dollars ($200.00) payable on or before March 1 of each year to renew its registration.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 37 - Mechanical Breakdown Insurance › Section 26-37-102 - Definitions.

26-37-102. Definitions.
(a) As used in this chapter:
(i) "Agent" means a person licensed as a casualty insurance agent in this state and appointed by a mechanical breakdown insurer as its agent under this code;
(ii) "Commissioner" means the state insurance commissioner;
(iii) "Department" means the state department of insurance;
(iv) "Mechanical breakdown insurance" means a contractual undertaking in which a person undertakes to indemnify another for direct or consequential loss caused by the failure or malfunction of a component or system of a motor vehicle, but does not include:
(A) For new motor vehicles, those contractual undertakings to repair the motor vehicle provided by the manufacturer, by a subsidiary of the manufacturer or by the importer only;
(B) For used motor vehicles, those contractual undertakings to repair the motor vehicle provided and administered by the manufacturer, a subsidiary of the manufacturer, the seller or the lessor only;
(C) Service contracts issued by persons pursuant to article 1 of chapter 49 of this code.
(v) "Mechanical breakdown insurance organization" or "organization" means any legal entity transacting mechanical breakdown insurance as an insurer in this state whether directly or indirectly, who is not a "mechanical breakdown insurer" as defined in this chapter;
(vi) "Mechanical breakdown insurance dealer" or "dealer" means a person dealing in or financing the purchase of motor vehicles or an authorized motor club under this code, and transacting mechanical breakdown insurance in this state as a contractor for a mechanical breakdown insurance organization;
(vii) "Mechanical breakdown insurance representative" or "representative" means an individual either the sole proprietor, officer or employee of a dealer and soliciting applications for mechanical breakdown insurance as the representative of that dealer;
(viii) "Mechanical breakdown insurer" means a person holding a subsisting certificate of authority to transact casualty insurance in this state and transacting mechanical breakdown insurance in this state;
(ix) "Motor vehicle" means a self-propelled device or a component of a self-propelled device designed to transport persons or cargo upon land or water or through air;
(x) "This code" means title 26 of the Wyoming statutes.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 37 - Mechanical Breakdown Insurance › Section 26-37-104 - Mechanical Breakdown Insurers; Authorization Required; Application; Fee; Issuance; Renewal; Revocation and Suspension.

26-37-104. Mechanical breakdown insurers; authorization required; application; fee; issuance; renewal; revocation and suspension.
(a) Any person holding a subsisting certificate of authority to transact casualty insurance in this state may apply to the commissioner for authorization to transact mechanical breakdown insurance in this state as a mechanical breakdown insurer.
(b) Application under subsection (a) of this section shall include:
(i) The name and address of the applicant;
(ii) Copies of any subsisting certificates of authority held by the applicant to transact casualty insurance in this state;
(iii) Copies of all policy forms to be used by the applicant;
(iv) A statement delineating the marketing and claims procedures to be used by the applicant along with copies of all relevant forms.
(c) A fee of one hundred dollars ($100.00) shall accompany the application under subsection (b) of this section.
(d) The commissioner shall:
(i) Review the application;
(ii) Notify the applicant of his approval or rejection of the application; and
(iii) Issue a certificate of authority if appropriate.
(e) A certificate of authority is renewable annually unless sooner revoked or suspended.
(f) Mechanical breakdown insurers shall comply with all other provisions of this code relating to the transaction of insurance as an insurer.
(g) The commissioner may revoke or suspend a certificate of authority for any reason enumerated in chapter 3 of this code, following the procedures for hearings in chapter 2 of this code.