reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-213 - Appointments.

26-9-213. Appointments.
(a) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
(b) To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the commissioner, a notice of appointment within fifteen (15) days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request.
(c) Upon receipt of the notice of appointment, the commissioner shall verify within a reasonable time that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the commissioner shall notify the insurer.
(d) An insurer shall pay an appointment fee, in the amount set forth in W.S. 26-4-101(a), for each insurance producer appointed by the insurer.
(e) An insurer shall remit, on or before March 31 and in a manner prescribed by the commissioner, an annual continuation appointment fee in the amount set forth in W.S. 26-4-101(a).
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-215 - Reciprocity.

26-9-215. Reciprocity.
(a) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his home state, except the requirements imposed by W.S. 26-9-208, if the applicant's home state awards nonresident licenses to residents of this state on the same basis.
(b) In order to carry out the provisions of subsection (a) of this section, the commissioner may negotiate and enter into reciprocal arrangements with the insurance supervisory official of any other state or province.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-216 - Reporting of Actions.

26-9-216. Reporting of actions.
(a) A licensee shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents.
(b) Within thirty (30) days of the initial pretrial hearing date, a licensee shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-217 - Regulations; Limitation.

26-9-217. Regulations; limitation.
(a) The commissioner may, in accordance with W.S. 26-2-110 promulgate reasonable regulations as are necessary or proper to carry out the purposes of this chapter.
(b) Repealed By Laws 2007, Ch. 43, 1.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-220 - Insurance Consultants.

26-9-220. Insurance consultants.
(a) No person shall be held out to the public as an insurance consultant for hire unless a license as such has been issued in accordance with this section.
(b) An application for a license to act as an insurance consultant for hire shall be made to the commissioner on forms he prescribes. The commissioner shall require that the applicant, within one (1) year prior to submitting the application for the license, have taken and passed a written examination in a form prescribed by the commissioner. The commissioner may waive written examination of a nonresident applicant if the applicant is licensed as a consultant in his home state, is in good standing in his home state and his home state grants this state's resident consultants a similar privilege. The commissioner may conduct investigations concerning the applicant's qualifications, residence, business affiliations and any other matter he deems necessary to determine compliance with this chapter or for the public's protection. The applicant shall provide the commissioner fingerprints and other information and permission necessary for a criminal history record background check as provided in W.S. 7-19-201(a). The cost of the criminal history record background check shall be paid by the applicant.
(c) The commissioner shall collect an application fee, a fee for the license, if issued, and a renewal fee, as provided in W.S. 26-4-101. No license is valid for longer than twenty-four (24) months. A license may be renewed in the same manner as an insurance producer's license.
(d) All provisions of this chapter apply to licensees under this section to the extent that they are not in conflict with this section.
(e) This section does not apply to licensed attorneys.
(f) An insurance producer who is also licensed as a consultant under this section shall not act in the dual capacity of an insurance producer and a consultant in the same insurance transaction.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-224 - Scope of Broker's Authority; Broker's Commissions.

26-9-224. Scope of broker's authority; broker's commissions.
(a) Any insurance producer acting in the capacity of a broker is not an agent or other representative of an insurer and does not have power by his own acts to obligate the insurer upon any risk or by any insurance transaction.
(b) An insurer or insurance producer has the right to pay to an insurance producer acting in the capacity of a broker and licensed under this chapter the customary commissions upon insurance placed through the producer acting as a broker.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-225 - Broker and Agent License Combinations.

26-9-225. Broker and agent license combinations.
The sole relationship between an insurance producer acting in the capacity of a broker and an insurer as to which he is then appointed as an agent, as to transactions arising during the existence of that agency appointment, is that of insurer and agent and not that of insurer and broker.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-226 - "Controlled Business" Restrictions.

26-9-226. "Controlled business" restrictions.
(a) The commissioner shall not grant, renew, continue or permit to exist any license as an insurance producer if he finds that the license has been or is being used principally for the purpose of writing "controlled business" as follows:
(i) Insurance on his own interests or those of his family or of his employer; or
(ii) Insurance or annuity contracts covering himself or members of his family, or the officers, directors, stockholders, partners or employees of a partnership, association or corporation of which he or a member of his family is an officer, director, stockholder, partner, associate or employee.
(b) A license is deemed to have been or intended to be used principally for the purpose of writing controlled business if the commissioner finds that during any twelve (12) month period the aggregate commissions earned from controlled business as specified in this section have exceeded or probably will exceed the aggregate commissions to be earned on other business written by an applicant or licensee during the same period.
(c) If commissions on controlled business transacted by an insurance producer payable in one (1) calendar year exceed the commissions on other insurance business transacted by the licensee and payable in the same year, the receipt of the excess commissions is an unlawful rebate.
(d) This section does not apply to:
(i) Insurance of the interest of:
(A) A motor vehicle sales or financing agency in a motor vehicle it sells or finances;
(B) A real property mortgagee in the mortgaged property.
(ii) Credit life insurance and credit disability insurance.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-227 - Authority Under License to Transact Business; Nontransferability.

26-9-227. Authority under license to transact business; nontransferability.
Any licensee under this chapter may transact business as authorized by the license throughout the state of Wyoming. No city, county or other political subdivision of this state shall require any other or further permit, registration or authority for transactions by the licensee therein.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-228 - Place of Business of Licensees; Display of Licenses; Records.

26-9-228. Place of business of licensees; display of licenses; records.
(a) Each resident insurance producer shall have and maintain in this state a place of business accessible to the public and in which the licensee principally conducts transactions under his license. The address of the place shall appear upon the license, and the licensee shall promptly notify the commissioner in writing of any change thereof as provided by W.S. 26-9-207(f). Nothing in this section prohibits maintenance of a place of business in the licensee's residence in this state.
(b) Repealed by Laws 2022, ch. 46, 3.
(c) The insurance producer shall keep at his place of business a complete record of transactions under his license. The record shall show, as to each insurance policy or contract placed by or through the licensee, the names of the insurer and insured, the number, expiration date of, premium payable as to the policy or contract and any other information the commissioner reasonably requires. The insurance producer shall keep the record available for inspection for a period of at least three (3) years after completion of the transactions.
(d) The requirements of subsection (c) of this section are satisfied if the records specified in this section may be obtained immediately from a central storage place, or elsewhere by on line computer terminals located at the licensee's place of business.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-229 - Reporting and Accounting for Premiums.

26-9-229. Reporting and accounting for premiums.
(a) Any premiums or return premiums received by an insurance producer are trust funds received in a fiduciary capacity, and the producer, in the regular course of business, shall account for and pay the funds to the insured, insurer or insurance producer entitled thereto.
(b) The licensee shall establish a separate trust account for premiums specified in subsection (a) of this section and shall not use the account for or commingle it with his own funds. He shall maintain an accurate record and itemization of the funds deposited in the account.
(c) Any insurance producer who diverts or appropriates any funds, to which he is not lawfully entitled, to his own use is guilty of embezzlement and upon conviction shall be punished as provided by law.
(d) A limited lines producer for specialty limited lines shall not be required to treat monies collected from customers purchasing additional specialty limited lines insurance as funds received in a fiduciary capacity, provided that:
(i) The charges for specialty limited lines insurance coverage are itemized and ancillary to the principal business transaction; and
(ii) The insurer has consented in writing, signed by an officer of the insurer, that premiums need not be segregated from funds received by the producer for the principal business transaction.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-230 - Service of Process on Nonresident Producers.

26-9-230. Service of process on nonresident producers.
(a) Application for and acceptance of a license as a nonresident insurance producer or surplus lines broker constitutes irrevocable appointment of the commissioner as the attorney of the licensee for the acceptance of service of process issued in this state in any action or proceeding against the licensee arising out of the licensing or any transactions under the license.
(b) Duplicate copies of process shall be served upon the commissioner or other person in apparent charge of his office during his absence, accompanied by payment to the commissioner a process fee as provided in W.S. 26-4-101. Upon receiving the service the commissioner shall promptly forward a copy thereof by registered or certified mail, with return receipt requested, to the nonresident licensee at his business address last of record with the commissioner.
(c) Process served upon the commissioner and copy thereof forwarded as provided in this section for all purposes constitutes personal service thereof upon the licensee.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 9 - Agencies and Adjusters › Article 2 - Insurance Producers › Section 26-9-235 - Licensing Examination Review Panel.

26-9-235. Licensing examination review panel.
(a) The commissioner shall review the procedures for administering examinations required by this chapter no less than every three (3) years. The review shall include consideration of employing outside testing services as authorized by W.S. 26-9-205(b).
(b) The commissioner shall establish a review panel consisting of six (6) licensed insurance producers or adjusters to assist in the administration of duties under subsection (a) of this section. Each licensed insurance producer or adjuster shall have been licensed in this state for at least three (3) years immediately prior to appointment. One (1) shall be a life and accident and health producer, one (1) a property and casualty producer, one (1) the producer of a domestic insurer, one (1) a title insurance agent, one (1) a limited lines producer and one (1) an insurance adjuster.
(c) Panel members shall serve four (4) year terms, except that of the initial review panel three (3) members shall serve a term of two (2) years and three (3) members for four (4) years. Initial terms shall commence on August 1, 2017. Any member of the review panel may be removed as provided under W.S. 9-1-202. Vacancies shall be filled by the commissioner for the unexpired term.
(d) The review panel shall provide the following assistance to the commissioner:
(i) Review general policy concerning the scope, contents, procedure and conduct of examinations to be given by the commissioner for licenses for insurance producers and adjusters;
(ii) Review the questions comprising each particular examination;
(iii) Review the scope and contents of material furnished examination applicants by the commissioner under W.S. 26-9-205 for the purpose of preparing for an examination;
(iv) Review the procedure to be followed in the conduct of examinations, including but not limited to application for examination, frequency and place of examinations and monitoring and safeguarding of examination questions and papers;
(v) Review the value to be allowed for a correct answer to each question in examination grading;
(vi) Make any recommendations to the commissioner it deems appropriate, including recommendations regarding the administration of the examination requirements for licensing.
(e) The commissioner, upon application by the panel members, is authorized to reimburse each panel member per diem and mileage expenses, as allowed to state employees, for each day they are actually engaged in the discharge of the panel's duty.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-102 - Home State Regulation of Nonadmitted Insurance; Exemptions.

26-11-102. Home state regulation of nonadmitted insurance; exemptions.
(a) This chapter does not apply to reinsurance or to the following insurances when placed by licensed insurance producers or surplus lines brokers of this state or when procured directly by an insured from a nonadmitted insurer:
(i) Wet marine and transportation insurance;
(ii) Repealed by Laws 2020, ch. 45, 2.
(iii) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in those operations;
(iv) Insurance on aircraft owned or operated by manufacturers of aircraft, or on aircraft operated in commercial interstate flight, or cargo of that aircraft, or against liability, other than worker's compensation and employer's liability, arising out of the ownership, maintenance or use of that aircraft.
(b) The placement of nonadmitted insurance shall be subject to the statutory and regulatory requirements solely of the insured's home state.
(c) This section shall not be construed to preempt any state law, rule or regulation that restricts the placement of workers' compensation insurance or excess insurance for self-funded workers' compensation plans with a nonadmitted insurer.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-105 - Surplus Lines Transaction Report.

26-11-105. Surplus lines transaction report.
(a) Within forty-five (45) days after placing any surplus line insurance for an insured whose home state is this state, each surplus lines broker shall execute and file a report regarding the insurance coverage which shall be kept confidential by the commissioner, including the following:
(i) The name and address of the insured;
(ii) The identity of the insurer or insurers;
(iii) A description of the subject and location of the risk;
(iv) The amount of premium charged for the insurance;
(v) Tax allocation information detailing the portion of the premium attributable to properties, risks or exposures located in each state; and
(vi) Any other information as may be required by the commissioner.
(b) The report shall be in the form and manner prescribed by the commissioner.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-106 - Open Lines for Export.

26-11-106. Open lines for export.
(a) The commissioner, by order, may declare eligible for export generally and without compliance with W.S. 26-11-104(a)(ii) and (iii), any type of insurance coverage or risk for which he finds, after notice and a hearing, that there is not a reasonable or adequate market among admitted insurers either as to acceptance of the risk, contract terms, premium or premium rate. The order shall continue in effect during the existence of the conditions upon which predicated, but subject to the commissioner's earlier termination.
(b) Repealed by Laws 2020, ch. 45, 2.
(c) Repealed by Laws 2020, ch. 45, 2.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-109 - Required Information on Surplus Lines Contracts; Duty to Notify Insured.

26-11-109. Required information on surplus lines contracts; duty to notify insured.
(a) Every new or renewed insurance contract, certificate, cover note or other confirmation of insurance that is procured and delivered as a surplus lines coverage pursuant to this chapter shall have stamped or printed upon it, in at least ten (10) point bold type font, the name and address of the surplus lines broker who procured the coverage, and the following disclosure: "This insurance contract is issued pursuant to the Wyoming Nonadmitted Insurance Laws by an insurer neither licensed by nor under the jurisdiction of the Wyoming Insurance Department. In the event of insolvency of the surplus lines insurer, losses will not be paid by the Wyoming Insurance Guaranty Association or the Wyoming Life and Health Insurance Guaranty Association."
(b) The insurance producer shall give written notice to every person applying for insurance with a nonadmitted insurer prior to placement. The notice shall provide the disclosure required by subsection (a) of this section and any additional information required by the commissioner. The applicant shall sign and date a copy of the notice acknowledging receipt. The notice shall be in a form acceptable to the commissioner, a signed copy of which shall be maintained by the surplus lines broker with the records of the contract and available for examination by the commissioner.
(i) Repealed by Laws 2020, ch. 45, 2.
(ii) Repealed by Laws 2020, ch. 45, 2.
(c) Nothing herein contained shall nullify any agreement by any insurer to provide insurance.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-110 - Enforceability and Validity of Nonadmitted Insurance.

26-11-110. Enforceability and validity of nonadmitted insurance.
Insurance contracts procured from nonadmitted insurers in accordance with this chapter are fully valid and enforceable as to all parties and shall be given recognition in all matters and respects to the same effect as like contracts issued by admitted insurers.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-111 - Liability of Insurer as to Losses and Unearned Premiums; Applicability of Section to Insurers.

26-11-111. Liability of insurer as to losses and unearned premiums; applicability of section to insurers.
(a) As to a surplus line risk which is assumed by a nonadmitted insurer pursuant to this chapter, and if the premium thereon is received by the surplus line broker who placed the insurance, in all questions thereafter arising under the coverage as between the insurer and the insured the insurer is deemed to have received the premium due to it for that coverage. The insurer is liable to the insured for losses covered by the insurance and for unearned premiums which are payable to the insured upon cancellation of the insurance, whether or not the broker is indebted to the insurer with respect to the insurance or for any other cause.
(b) Each nonadmitted insurer assuming a surplus line risk under this chapter subjects itself to the terms of this section.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-112 - Surplus Lines Broker's License; Authority for Issuance; Application; Fee; Applicable Law.

26-11-112. Surplus lines broker's license; authority for issuance; application; fee; applicable law.
(a) Repealed By Laws 2012, Ch. 37, 3.
(b) Repealed By Laws 2012, Ch. 37, 3.
(c) Repealed By Laws 2012, Ch. 37, 3.
(d) Repealed By Laws 2012, Ch. 37, 3.
(e) For insureds whose home state is Wyoming, a person shall not procure a contract of surplus lines insurance for the insured with a nonadmitted insurer unless the person possesses a current surplus lines insurance license issued by the commissioner.
(f) The commissioner may issue a resident surplus lines broker license to a qualified holder of a current property and casualty producer license if:
(i) The person has paid the fees set forth in W.S. 26-4-101(a);
(ii) The person has submitted or transmitted to the commissioner a completed uniform application;
(iii) The individual has taken and passed a written examination in a form prescribed by the commissioner; and
(iv) The person has established and continues to maintain an office in this state.
(g) A nonresident person shall receive a nonresident surplus lines broker license pursuant to the requirements of W.S. 26-9-208.
(h) A business entity acting as a surplus lines broker is required to obtain a surplus lines broker license. In addition to the requirements for licensure set forth in subsections (f) and (g) of this section; before approving the application the commissioner shall find that the business entity has designated a licensed surplus lines broker responsible for the business entity's compliance with the insurance laws, rules and regulations of this state.
(j) The commissioner may require any documents reasonably necessary to verify the information contained in an application.
(k) The commissioner shall waive any requirements for a nonresident surplus lines license applicant with a valid license from his home state, except the requirements imposed by this section, if the applicant's home state awards nonresident surplus lines licenses to residents of this state on the same basis.
(m) Repealed by Laws 2019, ch. 19, 2.
(n) The license and licensee are subject to chapter 9 of this title as provided in W.S. 26-9-201.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-113 - Surplus Lines Broker's License; Suspension or Revocation; Grounds; Procedure.

26-11-113. Surplus lines broker's license; suspension or revocation; grounds; procedure.
(a) The commissioner may, after appropriate notice and opportunity for hearing pursuant to the Wyoming Administrative Procedure Act and in accordance with W.S. 26-2-125 through 26-2-129, place on probation, suspend, revoke or refuse to issue or renew any surplus lines broker's license or other license issued under this title, or may levy a civil penalty in accordance with W.S. 26-1-107 or any combination of actions for any one (1) or more of the following causes:
(i) Repealed By Laws 2012, Ch. 37, 3.
(ii) Repealed By Laws 2012, Ch. 37, 3.
(iii) Removal of the resident surplus lines broker's office from this state;
(iv) Removal of the resident surplus lines broker's office accounts and records from this state during the period during which the accounts and records are required to be maintained under W.S. 26-11-116;
(v) Failure to make and file required reports when due;
(vi) Failure to remit the tax on surplus lines premiums as provided in this chapter;
(vii) Failure to maintain a bond as required by W.S. 26-11-114;
(viii) Violation of any provision of this chapter; or
(ix) For any cause for which an insurance license could be denied, revoked, suspended or renewal refused under chapter 9 of this title.
(b) The procedures provided by chapter 9 of this code for suspension or revocation of licenses apply to suspension or revocation of a surplus line broker's license.
(c) Upon suspending or revoking the broker's surplus line license, the commissioner shall also suspend or revoke all other licenses of or as to the same individual under this code.
(d) No broker whose license is suspended or revoked shall again be licensed until any fines or delinquent taxes he owes are paid, or, in case of revocation, until after expiration of one (1) year from the date revocation is final.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-114 - Surplus Line Broker's Bond.

26-11-114. Surplus line broker's bond.
Prior to issuance of a license as a surplus line broker, the applicant shall file with the commissioner and thereafter for as long as the license remains in effect shall keep in force a bond in favor of the state of Wyoming in the penal sum of ten thousand dollars ($10,000.00), with an authorized corporate surety the commissioner approves, conditioned that he will conduct business under the license in accordance with this chapter and that he will promptly remit the taxes provided by W.S. 26-11-118. The aggregate liability of the surety for any claims on the bond shall not exceed the penal sum of the bond. The bond shall not be terminated unless not less than thirty (30) days prior written notice thereof is given to the licensee and filed with the commissioner.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-115 - Surplus Lines Broker May Accept and Place Business From Producers.

26-11-115. Surplus lines broker may accept and place business from producers.
A licensed surplus lines broker may accept and place surplus line business for any insurance producer licensed in this state for the kind of insurance involved and may compensate the producer therefor.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-116 - Records of Broker; Contents; Examination.

26-11-116. Records of broker; contents; examination.
(a) Each surplus lines broker shall keep in his office a full and true record of each surplus lines insurance contract placed by or through the broker for which this state is the home state of the insured, including a copy of the policy, certificate, cover note or other evidence of insurance showing each of the following applicable items:
(i) Amount of the insurance, risks and perils insured;
(ii) Gross premium charged;
(iii) Return premium paid, if any;
(iv) Rate of premium charged upon the several items of property;
(v) Effective date of contract and the terms thereof;
(vi) Name and address of each insurer on the direct risk and the proportion of the entire risk assumed by each insurer if less than the entire risk;
(vii) Name and address of the insured;
(viii) Brief general description of the property or risk insured and where located or to be performed;
(ix) Repealed By Laws 2012, Ch. 37, 3.
(x) Amount of tax and other sums to be collected from the insured;
(xi) Allocation of taxes by state as referred to in W.S. 26-11-118;
(xii) Identity of the producer, any confirming correspondence from the insurer or its representative, and the application; and
(xiii) Any other information the commissioner requires.
(b) The record of each contract shall be kept open at all reasonable times to examination by the commissioner without notice for a period of not less than five (5) years following termination of the contract. In lieu of maintaining offices in this state, each nonresident surplus lines broker shall make available to the commissioner any and all records that the commissioner deems necessary for examination.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-117 - Surplus Lines Broker Affidavit Report.

26-11-117. Surplus lines broker affidavit report.
(a) Each surplus lines broker, on or before February 15, May 15, August 15 and November 15 of each year, if applicable, shall file with the commissioner an affidavit report verifying that all surplus lines insurance transacted during the preceding calendar quarter has been submitted as required by the commissioner.
(b) The affidavit report of the surplus lines broker shall be in the form and manner the commissioner prescribes. The report shall include a statement as to the diligent efforts made to place the coverage with admitted insurers, the results thereof and any additional information required by the commissioner.
(i) Repealed By Laws 2011, ch. 129, 207.
(ii) Repealed By Laws 2020, ch. 45, 2.
(iii) Repealed By Laws 2020, ch. 45, 2.
(iv) Repealed By Laws 2020, ch. 45, 2.
(v) Repealed By Laws 2020, ch. 45, 2.
(vi) Repealed By Laws 2020, ch. 45, 2.
(vii) Repealed By Laws 2020, ch. 45, 2.
(c) An alternative reporting and tax payment period may be required by participation in a multistate compact, reciprocal agreement or clearinghouse pursuant to W.S. 26-11-123.
(d) Repealed by Laws 2020, ch. 45, 2.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-119 - Failure to File Report or Pay Tax; Penalty.

26-11-119. Failure to file report or pay tax; penalty.
Any licensed surplus lines broker or insured who independently procures insurance, who fails to file a report in the form and within the time required or provided for in W.S. 26-11-117 or 26-11-124 may be fined up to twenty-five dollars ($25.00) per day for each day the delinquency continues, beginning the day after the report was due until the date the report is received. The surplus lines broker or insured who independently procures insurance shall pay interest on the amount of any delinquent tax due as required by W.S. 26-11-118(e).
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-120 - Service of Process Against Nonadmitted Insurer.

26-11-120. Service of process against nonadmitted insurer.
(a) A nonadmitted insurer shall be sued, upon any cause of action arising in this state under any contract it issues as a nonadmitted insurance contract pursuant to this chapter, in the district court of the county in which the cause of action arises.
(b) Legal process against the insurer in any action specified in subsection (a) of this section may be served upon the commissioner as provided in W.S. 26-3-122. The commissioner shall immediately mail a copy of the process served to the person the insurer designates in the policy for that purpose, by prepaid registered or certified mail with return receipt requested. After service of process upon the commissioner in accordance with this section, the court has jurisdiction in personam of the insurer.
(c) A nonadmitted insurer issuing a policy is deemed to have authorized service of process against it in the manner and to the effect provided in this section. The policy shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process as provided in subsection (b) of this section.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-121 - Rules and Regulations.

26-11-121. Rules and regulations.
(a) The commissioner shall make or may approve and adopt reasonable rules and regulations, consistent with this chapter, for any of the following purposes:
(i) Carrying out of this chapter;
(ii) Establishment of procedures through which eligibility of particular proposed coverages for export is determined; and
(iii) Establishment, procedures and operations of any voluntary organization of brokers or others designed to assist those brokers to comply with this chapter.
(b) The rules and regulations are subject to the procedures and carry the penalty provided by W.S. 26-2-110.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-122 - Disclosure to Commissioner of Insurance Placed With Nonadmitted Insurer.

26-11-122. Disclosure to commissioner of insurance placed with nonadmitted insurer.
Any person for whom insurance is placed with an nonadmitted insurer, upon the commissioner's order, shall produce for his examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount of gross premiums paid or agreed to be paid for the insurance. If the person refuses to obey the commissioner's order, he is subject to the penalties provided by W.S. 26-1-107 for each refusal.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-123 - Interstate Insurance Regulatory Cooperation.

26-11-123. Interstate insurance regulatory cooperation.
To carry out the purposes of the Nonadmitted and Reinsurance Reform Act of 2010, 15 U.S.C. 8201 et seq., the commissioner may participate in a nonadmitted insurance multistate agreement or compact for the purposes of collecting, allocating and disbursing premium taxes attributable to the placement of nonadmitted insurance, providing for uniform methods of allocation and reporting among nonadmitted insurance risk classifications, sharing information among states relating to nonadmitted insurance premium taxes and providing for the determination of recommended uniform eligibility standards for nonadmitted insurers.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 11 - Nonadmitted Insurance › Section 26-11-124 - Independently Procured Insurance; Duty to Report and Pay Tax.

26-11-124. Independently procured insurance; duty to report and pay tax.
(a) Each insured whose home state is this state and who independently procures, continues or renews insurance with a nonadmitted insurer, other than insurance procured through a surplus lines broker, shall, within forty-five (45) days after the date the insurance was so procured, continued or renewed, file a report with the commissioner, in the form and manner prescribed by the commissioner, showing the name and address of the insured or insureds, name and address of the insurer, the subject of insurance, a general description of the coverage, the amount of premium currently charged and additional pertinent information requested by the commissioner.
(b) The insured is subject to the same tax and clearinghouse service fee payment requirements as apply to a surplus lines broker in W.S. 26-11-118.
(c) This section does not abrogate or modify, and shall not be construed or deemed to abrogate or modify any other provision of this chapter.
(d) This section does not authorize independent procurement of accident and health or sickness or disability insurance.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 1 - General Provisions › Section 26-12-101 - "Industrial Insured" Defined.

26-12-101. "Industrial insured" defined.
(a) As used in this chapter:
(i) "Industrial insured" means an insured:
(A) Which procures the insurance of any risk other than life and annuity contracts through the services of a full-time employee acting as an insurance manager or buyer or the services of a regularly and continuously retained qualified insurance consultant;
(B) Whose aggregate annual premiums for insurance on all risks total at least twenty-five thousand dollars ($25,000.00); and
(C) Which has at least twenty-five (25) full-time employees.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 1 - General Provisions › Section 26-12-102 - Representing or Aiding Unauthorized Insurers Prohibited; Exceptions.

26-12-102. Representing or aiding unauthorized insurers prohibited; exceptions.
(a) No person in this state shall:
(i) Act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact insurance in this state, in the:
(A) Solicitation, negotiation, procurement or carrying out of insurance or annuity contracts or the renewal thereof;
(B) Forwarding of applications for insurance;
(C) Dissemination of information as to coverage or rates;
(D) Inspection of risks;
(E) Fixing of rates;
(F) Investigation or adjustment of claims or losses; or
(G) Collection or forwarding of premiums.
(ii) In any other manner represent or assist that insurer in transacting insurance with respect to subjects of insurance resident, located or to be performed in this state.
(b) This section does not apply to:
(i) Matters the commissioner authorizes under W.S. 26-12-201 through 26-12-206;
(ii) Surplus lines insurance and other transactions for which the insurer is not required to have a certificate of authority pursuant to W.S. 26-3-102;
(iii) A licensed adjuster or attorney-at-law representing an unauthorized insurer in his professional capacity;
(iv) Persons in this state compensated solely by salary, who secure and furnish information for the purpose of enrolling individuals in, or issuing certificates under, or otherwise assisting in administering group life, group or blanket disability or annuity contracts lawfully solicited, issued and delivered in and pursuant to the laws of a state in which the insurer is authorized to transact business;
(v) Transactions in this state involving contracts of insurance issued to one (1) or more industrial insureds.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 1 - General Provisions › Section 26-12-103 - Suits by Unauthorized Insurers Prohibited.

26-12-103. Suits by unauthorized insurers prohibited.
As to transactions not permitted under W.S. 26-3-102, no unauthorized insurer shall institute or file or cause to be instituted or filed, any suit, action or proceeding in this state to enforce any right, claim or demand arising out of any insurance transaction in this state, until the insurer obtains a certificate of authority to transact that insurance in this state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 2 - Unauthorized Insurers Process Act › Section 26-12-201 - Short Title; Interpretation of Article.

26-12-201. Short title; interpretation of article.
(a) This article constitutes and may be cited as the "Unauthorized Insurers Process Act".
(b) This article shall be so interpreted as to carry out its general purpose to make uniform the laws of those states which enact it.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 2 - Unauthorized Insurers Process Act › Section 26-12-202 - Commissioner as Agent for Service.

26-12-202. Commissioner as agent for service.
(a) Solicitation, carrying out or delivery of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer, or the performance within this state of any other service or transaction connected with insurance by or on behalf of the insurer:
(i) Constitutes the insurer's appointment of the commissioner and his successors in office as its attorney, upon whom may be served all lawful process issued within this state in any action or proceeding against the insurer arising out of any such contract or transaction; and
(ii) Signifies the insurer's agreement that any such service of process has the same legal effect and validity as personal service of process upon it in this state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 2 - Unauthorized Insurers Process Act › Section 26-12-203 - Service of Process Generally.

26-12-203. Service of process generally.
(a) Service of process upon any insurer pursuant to W.S. 26-12-202 shall be made in accordance with W.S. 26-3-122, and service of process is sufficient if it complies with that section.
(b) Service of process in any such action, suit or proceeding, in addition to the manner provided in subsection (a) of this section, is valid if:
(i) Served upon any person within this state, who in this state on behalf of the insurer, is:
(A) Soliciting insurance;
(B) Making any contract of insurance or issuing or delivering any policies or written contracts of insurance; or
(C) Collecting or receiving any premium for insurance; and
(ii) Otherwise complies with W.S. 26-3-122(d).
(c) No plaintiff or complainant is entitled to a judgment by default under this section until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance.
(d) Nothing in this section limits or abridges the right to serve any process, notice or demand upon any insurer in any other manner permitted by law.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 2 - Unauthorized Insurers Process Act › Section 26-12-204 - Exemptions From Service of Process Provisions.

26-12-204. Exemptions from service of process provisions.
(a) W.S. 26-12-202 and 26-12-203 do not apply to surplus line insurance lawfully carried out under chapter 11, or to reinsurance, or to any action or proceeding against an unauthorized insurer arising out of any of the following if the policy or contract contains a provision designating the commissioner as its attorney for the acceptance of service of lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of that policy, or if the insurer enters a general appearance in any such action:
(i) Wet marine and transportation insurance;
(ii) Insurance on subjects located, resident or to be performed wholly outside this state, or on vehicles or aircraft owned and principally garaged outside this state;
(iii) Insurance on property or operations of railroads engaged in interstate commerce; or
(iv) Insurance on aircraft or cargo of that aircraft, or against liability, other than employer's liability, arising out of the ownership, maintenance or use of that aircraft.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 2 - Unauthorized Insurers Process Act › Section 26-12-205 - Defense of Action by Unauthorized Insurer.

26-12-205. Defense of action by unauthorized insurer.
(a) Before an unauthorized insurer files or causes to be filed any pleading in any action or proceeding instituted against it under W.S. 26-12-202 and 26-12-203, that insurer shall:
(i) Procure a certificate of authority to transact insurance in this state; or
(ii) Deposit with the clerk of the court in which the action or proceeding is pending cash or securities, or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount the court fixes sufficient to secure the payment of any final judgment which may be rendered in the action, except that the court may make an order dispensing with the deposit or bond if the insurer shows to the court's satisfaction that it:
(A) Maintains in a state of the United States funds or securities sufficient and available to satisfy any final judgment which may be entered in the action or proceeding; and
(B) Will pay any final judgment entered therein without requiring suit to be brought on the judgment in the state where the funds or securities are located.
(b) The court in any action or proceeding in which service is made in the manner provided in W.S. 26-12-203 may order a postponement as necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section and to defend the action.
(c) Nothing in subsection (a) of this section prevents an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in W.S. 26-12-203 on the ground either:
(i) That the unauthorized insurer did not engage in any of the acts enumerated in W.S. 26-12-202; or
(ii) That the person on whom service was made pursuant to W.S. 26-12-203 was not engaged in any of the acts enumerated in W.S. 26-12-202.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 2 - Unauthorized Insurers Process Act › Section 26-12-206 - Attorney Fees in Actions Against Unauthorized Insurer.

26-12-206. Attorney fees in actions against unauthorized insurer.
In any action against an unauthorized insurer, if the insurer fails for thirty (30) days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that the refusal is without reasonable cause, the court shall allow to the plaintiff a reasonable attorney fee and include that fee in any judgment that may be rendered in the action. The fee shall not be less than one hundred dollars ($100.00). Failure of an insurer to defend any such action is prima facie evidence that its failure to make payment was without reasonable cause.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 12 - Unauthorized Insurers - Prohibitions, Process › Article 3 - Unauthorized Insurers False Advertising Process Act › Section 26-12-302 - False Advertising Prohibited; Notification by Commissioner of Misrepresentation.

26-12-302. False advertising prohibited; notification by commissioner of misrepresentation.
No unauthorized insurer, in any manner, shall misrepresent to any person in this state as to its financial condition or the terms of any contract issued or to be issued by it or the advantages thereof, or the dividends or share of the surplus to be received thereon. If the commissioner believes that any unauthorized insurer is misrepresenting any of the items specified in this section, he shall notify the insurer and the insurance supervisory official of the insurer's domiciliary state or province by registered or certified mail.