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2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 29 - Fraternal Benefit Societies › Article 2 - Societies › Section 26-29-237 - Penalties.

26-29-237. Penalties.
(a) Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00), or imprisonment for not less than thirty (30) days or more than one (1) year, or both.
(b) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for that purpose of procuring payment of a benefit named in the certificate, is guilty of perjury punishable as provided by law.
(c) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state, upon conviction, is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) or more than two hundred dollars ($200.00).
(d) Any person guilty of a willful violation of, or neglect or refusal to comply with this chapter for which a penalty is not otherwise prescribed, upon conviction is subject to the penalties provided by W.S. 26-1-107.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 29 - Fraternal Benefit Societies › Article 2 - Societies › Section 26-29-238 - Exemption of Certain Societies.

26-29-238. Exemption of certain societies.
(a) Nothing contained in this chapter shall be so construed as to affect or apply to:
(i) Grand or subordinate lodges of societies, orders or associations now doing business in this state which provide benefits exclusively through local or subordinate lodges;
(ii) Orders, societies or associations which admit to membership only persons engaged in one (1) or more crafts or hazardous occupations, in the same or similar lines of business, insuring only their own members and their families, and the ladies' societies or ladies' auxiliaries to such orders, societies or associations;
(iii) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house or corporation which provide for a death benefit of not more than four hundred dollars ($400.00) or disability benefits of not more than three hundred fifty dollars ($350.00) to any person in any one (1) year, or both; or
(iv) Domestic societies or associations of a purely religious, charitable or benevolent description, which provide for a death benefit of not more than four hundred dollars ($400.00) or for disability benefits of not more than three hundred fifty dollars ($350.00) to any one (1) person in any one (1) year, or both.
(b) Any society or association described in paragraph (a)(iii) or (iv) of this section which provides for death or disability benefits for which benefit certificates are issued, and any society or association included in paragraph (a)(iv) of this section which has more than one thousand (1,000) members, shall not be exempted from the provisions of this chapter but shall comply with all requirements thereof.
(c) No society which, by the provisions of this section, is exempt from the requirements of this chapter, except any society described in paragraph (a)(ii) of this section, shall give or allow, or promise to give or allow to any person any compensation for procuring new members.
(d) Every society which provides for benefits in case of death or disability resulting solely from accident, and which does not obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable provisions and regulations of this chapter except that the provisions relating to medical examination, valuations of benefit certificates, and incontestability, shall not apply to that society.
(e) The commissioner may require from any society or association, by examination or otherwise, such information as will enable the commissioner to determine whether the society or association is exempt from the provisions of this chapter.
(f) Societies, exempted under this section, shall also be exempt from all other provisions of the general insurance laws of this state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 29 - Fraternal Benefit Societies › Article 2 - Societies › Section 26-29-239 - Application of Wyoming Insurance Corporate Governance Annual Disclosure Act.

26-29-239. Application of Wyoming Insurance Corporate Governance Annual Disclosure Act.
The Wyoming Insurance Corporate Governance Annual Disclosure Act, W.S. 26-54-101 through 26-54-108, shall apply to domestic fraternal benefit societies regulated under this chapter.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-103 - Definitions.

26-31-103. Definitions.
(a) As used in this chapter:
(i) "Association" means the Wyoming Insurance Guaranty Association created under W.S. 26-31-104;
(ii) "Covered claim" means an unpaid claim which arises out of and is within the coverage and does not exceed the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if the insurer is an insolvent insurer and the claimant or insured is a resident of this state at the time of the insured event or the property from which the claim arises is permanently located in this state, but "covered claim" does not include:
(A) Any amount due any reinsurer, insurer, insurance pool or underwriting association as subrogation recoveries or otherwise;
(B) Repealed by Laws 1990, ch. 96, 3.
(C) Any amount exceeding the applicable limits of liability provided by an insurance policy to which this chapter applies;
(D) Supplementary payment obligations, including but not limited to adjustment fees and expenses, attorney fees and expenses, court costs, interest and bond premiums;
(E) Any amount awarded as punitive or exemplary damages, unless those damages are specifically named as covered risks in the policy under which coverage is provided; or
(F) Any amount claimed for incurred but not reported damages.
(iii) "Insolvent insurer" means an insurer:
(A) Licensed to transact insurance in this state either at the time the policy is issued or when the insured event occurs;
(B) Against which a final order of liquidation, with a finding of insolvency, is entered by a court of competent jurisdiction in the insurer's state of domicile and;
(C) With respect to which no order, decree or finding relating to the insurer's solvency, has been issued by a court of competent jurisdiction or by the insurance commissioner, prior to February 27, 1971.
(iv) "Member insurer" means any person who:
(A) Writes any kind of insurance to which this chapter applies, including the exchange of reciprocal or interinsurance contracts; and
(B) Is licensed to transact insurance in this state.
(v) "Net direct written premiums" means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to policyholders on that direct business but does not include premiums on contracts between insurers or reinsurers;
(vi) "Person" means any individual, corporation, partnership, association or voluntary organization.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-104 - Association Created; Members; Operation and Exercise of Powers.

26-31-104. Association created; members; operation and exercise of powers.
(a) There is created a nonprofit unincorporated legal entity to be known as the Wyoming Insurance Guaranty Association.
(b) All member insurers as defined in this chapter are members of the association as a condition of their authority to transact insurance in this state.
(c) The association shall:
(i) Perform its functions under a plan of operation established and approved under W.S. 26-31-108; and
(ii) Exercise its powers through a board of directors established under W.S. 26-31-105.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-105 - Board of Directors.

26-31-105. Board of directors.
(a) The board of directors of the association shall consist of not less than five (5) nor more than nine (9) persons serving terms as established in the plan of operation. The board members shall be selected by member insurers subject to the commissioner's approval. Vacancies on the board shall be filled for the remaining period of the term in the same manner as initial appointments.
(b) In approving selections to the board, the commissioner shall consider among other things whether all member insurers are fairly represented.
(c) Board members may be reimbursed from the association's assets for expenses they incur as board members.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-107 - Member Insurer Assessments.

26-31-107. Member insurer assessments.
(a) The assessments of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bears to the net direct written premiums of all member insurers for the preceding calendar year. Each member insurer shall be notified of the assessment not later than thirty (30) days before it is due. No member insurer shall be assessed in any year an amount greater than one percent (1%) of that member insurer's net direct written premiums for the preceding calendar year. If the maximum assessment, together with the other association assets, do not provide in any one (1) year an amount sufficient to make all necessary payments, the funds available shall be prorated and the unpaid portions shall be paid as soon thereafter as funds become available.
(b) The association may exempt or defer, in whole or in part, the assessment of any member insurer if the assessment would cause the member insurer's financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. During the period of deferment, no dividends shall be paid to shareholders or policyholders. Deferred assessments shall be paid when the payment will not reduce capital or surplus below required minimums. The payments shall be refunded to those companies receiving larger assessments because of the deferment, or, if the company elects, credited against future assessments.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-108 - Plan of Operation.

26-31-108. Plan of operation.
(a) The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the association's fair, reasonable and equitable administration. The plan of operation and any amendments thereto are effective upon the commissioner's written approval.
(b) If the association fails to submit a suitable plan of operation or if at any time the association fails to submit suitable amendments to the plan, the commissioner, after notice and hearing, shall promulgate any reasonable rules necessary or advisable to carry out the provisions of this chapter. The rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.
(c) All member insurers shall comply with the plan of operation.
(d) The plan of operation shall:
(i) Establish procedures for:
(A) The association to perform its powers and duties;
(B) Handling association assets;
(C) The amount and method of reimbursing members of the board of directors;
(D) Filing claims with the association and determining acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its agent and a list of claims shall be periodically submitted to the association or similar organization in another state by the receiver or liquidator;
(E) Records to be kept of all financial transactions of the association, its agents and the board of directors;
(F) Any member insurer aggrieved by any final association action or decision to appeal to the commissioner within thirty (30) days after the action or decision;
(G) Submitting selections for the board of directors to the commissioner.
(ii) Establish regular places and times for meetings of the board of directors;
(iii) Contain additional provisions necessary or proper for executing the association's powers and duties.
(e) The plan of operation may provide for the delegation of any association powers and duties, except those under W.S. 26-31-106(a)(iii) and (b)(iii), to a corporation, association or other organization which performs or will perform functions similar to those of this association, or its equivalent, in two (2) or more states. The corporation, association or organization shall be reimbursed as a servicing facility would be reimbursed and shall be paid for its performance of any other association functions. A delegation under this subsection is effective only with the approval of both the board of directors and the commissioner and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by this chapter.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-109 - Duties and Powers of Commissioner; Judicial Review.

26-31-109. Duties and powers of commissioner; judicial review.
(a) The commissioner shall:
(i) Notify the association of an insolvent insurer's existence not later than three (3) days after he receives notice of the insolvency determination;
(ii) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer;
(iii) Require that the association notify the insolvent insurer's insureds and any other interested parties of the insolvency determination and of their rights under this chapter. The notification shall be by mail at their last known address, if available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation is sufficient.
(b) The commissioner may:
(i) After notice and hearing:
(A) Suspend or revoke the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation; or
(B) Levy a fine on any member insurer which fails to pay an assessment when due, which fine shall not exceed five percent (5%) of the unpaid assessment per month, except that no fine shall be less than one hundred dollars ($100.00) per month.
(ii) Revoke the designation of any servicing facility if he finds claims are being handled unsatisfactorily;
(iii) Require each agent of the insolvent insurer to give prompt written notice by first class mail, at the insured's last known address, to each insured of the insolvent insurer for whom he was agent of record.
(c) Any final action or order of the commissioner under this chapter is subject to review in accordance with W.S. 26-2-129.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-110 - Insured's Rights and Liabilities; Settlements Binding on Receiver or Liquidator; Priority of Claims; Statements to Be Filed With Receiver or Liquidator.

26-31-110. Insured's rights and liabilities; settlements binding on receiver or liquidator; priority of claims; statements to be filed with receiver or liquidator.
(a) Any person recovering under this chapter assigns his rights under the policy to the association to the extent of his recovery from the association. Any insured or claimant seeking the protection of this chapter shall cooperate with the association to the same extent as that person would have been required to cooperate with the insolvent insurer. The association has no cause of action against the insolvent insurer's insured for any sums it has paid out except the causes of action as the insolvent insurer would have had if it had paid those sums. If an insolvent insurer is operating on a plan with assessment liability, payments of association claims do not reduce the insureds' liability to the receiver, liquidator or statutory successor for unpaid assessments.
(b) The receiver, liquidator or statutory successor of an insolvent insurer is bound by settlements of covered claims by the association or a similar organization in another state. The court having jurisdiction shall grant those claims priority equal to that which the claimant would have been entitled in the absence of this chapter against the insolvent insurer's assets. The expense of the association or similar organization in handling claims shall be accorded the same priority as the liquidator's expenses.
(c) The association shall periodically file with the insolvent insurer's receiver or liquidator:
(i) Statements of the covered claims the association pays; and
(ii) Estimates of anticipated claims on the association which preserve the association's rights against the insolvent insurer's assets.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-111 - Exhaustion of Remedies Under Policy; Claims Recoverable From More Than One Association; Claim Limitation.

26-31-111. Exhaustion of remedies under policy; claims recoverable from more than one association; claim limitation.
(a) Any person having a claim against an insurer under an insurance policy other than a policy of an insolvent insurer which is also a covered claim, shall first exhaust his right under the policy. Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under the insurance policy.
(b) Any person having a claim which may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the insured's place of residence, except that if it is a first party claim for damage to property with a permanent location, he shall seek recovery first from the association of the location of the property. If it is a worker's compensation claim, he shall seek recovery first from the association of the claimant's residence. Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.
(c) Notwithstanding any provision in this chapter, a covered claim shall not include any claim filed with the association after the earlier of:
(i) The final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer; or
(ii) Twenty-five (25) months after the date of the order of liquidation.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-112 - AIDS in Detection and Prevention of Insurer Insolvencies.

26-31-112. Aids in detection and prevention of insurer insolvencies.
(a) To aid in the detection and prevention of insurer insolvencies:
(i) The board of directors shall:
(A) Upon majority vote, notify the commissioner of any information indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public;
(B) At the conclusion of any insurer insolvency in which the association is obligated to pay covered claims, prepare and submit to the commissioner, a report on the history and causes of the insolvency as determined by the available information.
(ii) The board of directors, upon majority vote, may:
(A) Request that the commissioner order an examination, as specified in subsection (b) of this section of any member insurer which the board in good faith believes may be in a financial condition hazardous to the policyholders or the public;
(B) Make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer, and the reports and recommendations are not public documents;
(C) Make recommendations to the commissioner for the detection and prevention of insurer insolvencies.
(iii) It is the commissioner's duty to report to the board of directors when he has reasonable cause to believe that any member insurer examined or being examined at the board of directors' request may be insolvent or in a financial condition hazardous to the policyholders or the public.
(b) Within thirty (30) days from the date of receipt of a request for examination as specified in subparagraph (a)(ii)(A) of this section, the commissioner shall begin the examination. The examination may be conducted as a National Association of Insurance Commissioners' examination or may be conducted by any qualified persons the commissioner designates. The cost of the examination shall be paid by the association, and the examination report shall be treated as are other examination reports. The examination report shall not be released to the board of directors prior to its release to the public, but this does not preclude the commissioner from complying with paragraph (a)(iii) of this section. The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the commissioner but it shall not be open to public inspection prior to the release of the examination report to the public.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-113 - Examination and Regulation of Association by Commissioner; Annual Financial Report.

26-31-113. Examination and regulation of association by commissioner; annual financial report.
The association is subject to the commissioner's examination and regulation. Not later than March 31 of each year, the board of directors shall submit a financial report for the preceding calendar year in a form the commissioner approves.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-115 - Rates and Premiums to Be Sufficient to Recoup Assessments Paid to Association.

26-31-115. Rates and premiums to be sufficient to recoup assessments paid to association.
The rates and premiums charged for insurance policies to which this chapter applies shall include amounts sufficient to recoup a sum equal to the amounts the member insurer pays to the association less any amounts the association returns to the member insurer. Rates containing an amount reasonably calculated to recoup assessments the member insurer pays are not excessive.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-116 - No Liability for Lawful Action.

26-31-116. No liability for lawful action.
There is no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association or its agents or employees, the board of directors or the commissioner or his representatives for any lawful action they take in the performance of their powers and duties under this chapter.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 31 - Wyoming Insurance Guaranty Association Act › Section 26-31-117 - Stay of Proceedings Against Insolvent Insurer; Setting Aside Judgment.

26-31-117. Stay of proceedings against insolvent insurer; setting aside judgment.
All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed for sixty (60) days from the date the insolvency is determined to permit proper defense by the association of all pending causes of action. As to any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the association either on its own behalf or on behalf of the insured may apply to have the judgment, order, decision, verdict or finding set aside by the same court or administrator making the judgment, order, decision, verdict or finding and may defend against the claim on the merits.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 32 - Prepaid or Prearranged Funeral Contracts › Article 1 - Regulation of Prepaid and Prearranged Funeral Contracts › Section 26-32-101 - Supervision and Audit of Funds; Approval of Investment; Promulgation of Rules and Regulations; Licenses.

26-32-101. Supervision and audit of funds; approval of investment; promulgation of rules and regulations; licenses.
(a) The department shall supervise and audit the funds derived by any person either residing in or doing business within the state, from prepaid or prearranged funeral contracts providing for the sale of caskets, burial vaults, monuments or memorials or any burial supplies and equipment and funeral services, if the sale is made, either outright or on the installment basis, prior to the demise of the person purchasing them or for whom they are purchased, with the merchandise or service, or both, to be delivered at a future date at time of need. All funds received from these contracts or arrangements by any person either residing in or doing business within this state shall be received, invested and withdrawn according to requirements the department approves. Investment in a bank, trust company or federal building and loan association in Wyoming is an approved investment.
(b) The commissioner shall promulgate rules and regulations for the purposes specified in subsection (a) of this section to include regulation of contract provisions and funds thereunder.
(c) A person shall not sell prepaid or prearranged funeral contracts in this state unless the person is licensed by the department in accordance with W.S. 26-9-203.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 32 - Prepaid or Prearranged Funeral Contracts › Article 1 - Regulation of Prepaid and Prearranged Funeral Contracts › Section 26-32-102 - Exemption From Attachment or Garnishment.

26-32-102. Exemption from attachment or garnishment.
In the absence of fraud no interest of any participant in such fund, contract or investment is liable to attachment, garnishment, or other processes, or shall be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of the participant, or any other person who may have a right thereunder. Any funds received and invested as stipulated in this chapter shall be as a trust and are not liable to attachment, garnishment or other processes, nor shall they be seized, taken or appropriated or applied by any legal or equitable processes or operation of law to pay any debt or liability of the person issuing the prepaid or prearranged funeral contract, or both.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 32 - Prepaid or Prearranged Funeral Contracts › Article 1 - Regulation of Prepaid and Prearranged Funeral Contracts › Section 26-32-103 - Penalty.

26-32-103. Penalty.
Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or both.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 32 - Prepaid or Prearranged Funeral Contracts › Article 2 - Life Insurers Contracts for Funeral Services › Section 26-32-201 - Life Insurers Contracts for Funeral Services; Rules.

26-32-201. Life insurers contracts for funeral services; rules.
(a) A life insurer may contract or agree with any person, funeral director, mortuary or undertaker for the sole purpose of the funeral director, mortuary or undertaker conducting the funeral of any insured of the insurer.
(b) The commissioner shall by rule regulate contracts authorized under this section.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-101 - Definitions.

26-33-101. Definitions.
(a) As used in this chapter:
(i) "Account" means the medical liability compensation account;
(ii) "Board" means the board of directors of the medical liability compensation account;
(iii) "Health care" means any act or treatment performed or furnished, or which should have been performed or furnished, by any physician for, to, or on behalf of a patient during the patient's medical care, treatment or confinement;
(iv) "Insurer" means an authority or an insurance company engaged in writing malpractice liability insurance in this state in accordance with this code;
(v) "Malpractice" means the rendering of or failure to render professional medical services as a result of which the patient has a cause of action against a licensed physician for monetary damages;
(vi) "Physician" means a person licensed by the state board of medicine to provide health care or professional services as a physician.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-102 - Qualification.

26-33-102. Qualification.
(a) To be qualified under this chapter, a physician shall annually purchase health care professional liability insurance coverage of not less than fifty thousand dollars ($50,000.00) per occurrence for any act, error or omission relating to medical care rendered during the policy year and pay the surcharge pursuant to W.S. 26-33-105(c).
(b) A physician failing to qualify under this section is not covered by this chapter.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-103 - Insurance Coverage.

26-33-103. Insurance coverage.
A qualified physician shall be insured in a minimum amount of fifty thousand dollars ($50,000.00) against a claim for malpractice. Any award or settlement adjudicated or allowed on a malpractice claim in excess of fifty thousand dollars ($50,000.00) or limits of other underlying coverage if greater occurring during any year in which the physician is qualified under this chapter shall be paid from the account subject to the limitation that obligations from the account shall not exceed one million dollars ($1,000,000.00) in any calendar year for one (1) or more awards or settlements against an individual physician.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-104 - Advance Payments.

26-33-104. Advance payments.
Any advance payment a defendant physician or his insurer makes to or for the plaintiff, or any other person, is not an admission of liability for injuries or damages the plaintiff or anyone else suffers as to a claim for malpractice. Evidence of an advance payment is not admissible in a court proceeding concerning malpractice until there is final determination in the plaintiff's favor, in which case the final amount payable shall be reduced by any advance payments.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-105 - Medical Liability Compensation Account.

26-33-105. Medical liability compensation account.
(a) There is created a medical liability compensation account, the monies of which shall be collected by the commissioner for exclusive use for the purposes stated in this chapter. The account and any investment income from it shall be held in trust and invested and reinvested by the state treasurer pursuant to W.S. 9-4-715(a), (d) and (e).
(b) The commissioner may use account monies to purchase insurance for the account and its obligations. The commissioner shall be notified of a suit within thirty (30) days from the date the suit is filed. The commissioner may participate in a physician's defense if any claim is sufficient to be a potential liability against the account. Reasonable legal expenses the board approves and the commissioner incurs in defense against any malpractice claim are payable out of the account.
(c) To create the account, all physicians qualified under W.S. 26-33-102, practicing in Wyoming and who elect to participate, shall pay an annual surcharge. The commissioner shall determine the surcharge based upon sound actuarial principles using data obtained from Wyoming experience. The surcharge shall not exceed one hundred fifty percent (150%) of the cost to each physician for a basic fifty thousand dollar ($50,000.00) malpractice insurance premium and shall be collected on the same basis as premiums by each insurer from the physician.
(d) The surcharge is due and payable within thirty (30) days after the insurer receives the premiums for malpractice liability insurance from the practicing physician in Wyoming. The commissioner shall send to each insurer a statement explaining the provisions of this section together with any other information necessary for their compliance with this section.
(e) If the insurer collects the annual premium surcharge but does not pay it to the state within the stated time limit, the commissioner may suspend the insurer's certificate of authority until the annual premium surcharge is paid.
(f) All expenses of collecting, protecting and administering the account or related to the purchase of insurance for the account shall be paid from the account. The commissioner may employ financial, administrative or legal consultants to assist in the account management.
(g) If the account balance exceeds four million dollars ($4,000,000.00) at the end of any calendar year after payment of all claims and expenses, the commissioner shall reduce the surcharge to maintain the account at an approximate level of four million dollars ($4,000,000.00).
(h) The commissioner shall purchase reinsurance, if needed, to protect the account from depletion due to judgment against it. The reinsurance so purchased shall cover each qualified physician from two hundred fifty thousand dollars ($250,000.00) to one million dollars ($1,000,000.00) per year. Cost of reinsurance shall be paid from the monies of the account.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-106 - Board Created; Membership; Removal; Terms; Duties.

26-33-106. Board created; membership; removal; terms; duties.
(a) There is created a medical liability compensation account board which shall consist of six (6) members. The governor shall appoint four (4) members with the advice and consent of the senate. The state treasurer and the commissioner are the other voting members. The governor may remove any member he appoints as provided in W.S. 9-1-202.
(b) Of the members the governor appoints:
(i) One (1) shall be a physician licensed to practice in Wyoming by the state board of medicine;
(ii) One (1) shall be a practicing attorney licensed to practice in Wyoming by the Wyoming state bar;
(iii) One (1) shall be a health care consumer; and
(iv) One (1) shall be a licensed insurance agent in Wyoming.
(c) Two (2) members shall serve for terms ending two (2) years from January 1 immediately following their appointment and two (2) members shall serve for a term of four (4) years from that date. Their successors shall serve for terms of three (3) years each. Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103.
(d) The board shall administer and govern the account and shall file rules and regulations therefor with the secretary of state.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-107 - Settlements.

26-33-107. Settlements.
Any settlement of a claim against a physician exceeding fifty thousand dollars ($50,000.00) or limits of other underlying coverage if greater shall be carried out through agreement jointly by the claimant, the insurance carrier and the commissioner. If the claimant settles with the insurance carrier, without including the commissioner in the settlement agreement, the claimant waives any claim for damages exceeding fifty thousand dollars ($50,000.00) or limits of other underlying coverage if greater arising from the incident for which the claim is made.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-108 - Payments From Account.

26-33-108. Payments from account.
The state auditor, at the direction of the commissioner, shall issue a warrant in satisfaction of each claim submitted to him against the account after receipt of a certified copy of a final judgment from a court having jurisdiction, or a settlement agreement signed by a claimant, a qualified representative of the insurance carrier and the commissioner, with original signatures. The warrant shall be for the amount exceeding fifty thousand dollars ($50,000.00) or limits of other underlying coverage, if greater, set forth in the judgment or settlement, subject to the limitation that the amounts paid from the account shall not exceed one million dollars ($1,000,000.00) in any calendar year for one (1) or more awards or settlements against an individual physician.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-109 - Contents of Policies.

26-33-109. Contents of policies.
Any policy issued under this chapter is presumed to comply with this chapter. The insurer assumes all obligations to pay an award imposed against its insured under this chapter and no policy termination by cancellation is effective unless at least ninety (90) days before the effective date of the cancellation both the insured and the commissioner receive at their offices, a written notice giving the date upon which termination is effective.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 33 - Medical Malpractice Insurance › Section 26-33-110 - Failure to Pay Claims.

26-33-110. Failure to pay claims.
(a) If a professional liability insurer, in the regular course of business, fails to pay its portion of any judgment rendered against any physician or any other person insured under this chapter, the commissioner shall suspend that insurer's certificate of authority until the portion of the judgment allocable to the insurer is paid in full, provided the insurer has the right to a hearing in accordance with W.S. 26-3-115(b).
(b) This section does not apply:
(i) If the insurer has asserted against the physician any policy defense based upon misrepresentation, fraud, noncooperation or any other matter which constitutes an avoidance of the policy;
(ii) If the time for filing any petition for review, new trial, appeal or rehearing, or all of them has not expired; or
(iii) Until such time as all review or appellate decisions are final.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-105 - Powers of Health Maintenance Organizations.

26-34-105. Powers of health maintenance organizations.
(a) The powers of a health maintenance organization include but are not limited to the:
(i) Purchase, lease, construction, renovation, operation or maintenance of hospitals or medical facilities, or both, and their ancillary equipment, and any property as may reasonably be required for its principal office or for any purposes as may be necessary in the transaction of the business of the organization;
(ii) Making of loans to a medical group under contract with it in furtherance of its program or the making of loans to a corporation or corporations under its control for the purpose of acquiring or constructing medical facilities and hospitals or in furtherance of a program providing health care services to enrollees;
(iii) Furnishing of health care services through providers which are under contract with or employed by the health maintenance organization;
(iv) Contracting with any person for the performance on its behalf of certain functions such as marketing, enrollment and administration;
(v) Contracting with an insurance company licensed in this state, or with a hospital or health service corporation authorized to do business in this state, for the provision of insurance, indemnity or reimbursement against the cost of health care services provided by the health maintenance organization;
(vi) Offering of other health care services, in addition to basic health care services. Nonbasic health care services may be offered by a health maintenance organization on a prepaid basis without offering basic health care services to any group or individual;
(vii) The joint marketing of products with an insurance company licensed in this state or with a hospital or medical service corporation authorized to do business in this state as long as the company that is offering each product is clearly identified.
(b) A health maintenance organization shall file notice, with adequate supporting information, with the commissioner prior to the exercise of any power granted in paragraph (a)(i), (ii) or (iv) of this section. The commissioner shall disapprove any exercise of power only if in his opinion it would substantially and adversely affect the financial soundness of the health maintenance organization and endanger its ability to meet its obligations. If the commissioner does not disapprove within forty-five (45) days from the date of the filing, it is deemed approved.
(c) The commissioner may promulgate rules and regulations exempting from the filing requirement of subsection (b) of this section those activities having a de minimis effect.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-106 - Governing Body.

26-34-106. Governing body.
(a) The governing body of any health maintenance organization may include providers, or other individuals, or both.
(b) Repealed by Laws 1995, ch. 210, 5.
(c) Any domestic health maintenance organization shall comply with the requirements applicable to a domestic insurer in W.S. 26-24-129 and shall be subject to the penalties provided in W.S. 26-24-129.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-107 - Fiduciary Responsibilities.

26-34-107. Fiduciary responsibilities.
(a) Any director, officer, employee or partner of a health maintenance organization who receives, handles, collects, disburses or invests funds in connection with the activities of the organization is responsible for those funds in a fiduciary relationship to the organization and shall not violate the prohibitions specified in W.S. 26-24-127.
(b) A health maintenance organization shall maintain in force a fidelity bond on employees and officers in an amount not less than the greater of two hundred fifty thousand dollars ($250,000.00), ten percent (10%) of the organization's previous year's gross premiums or other amount the commissioner prescribes. All such bonds shall be written with at least a one (1) year discovery period and if written with less than a three (3) year discovery period shall contain a provision that no cancellation or termination of the bond, whether by or at the request of the insured or by the underwriter is effective prior to the expiration of ninety (90) days after written notice of the cancellation or termination has been filed with the commissioner unless the commissioner approves an earlier date of cancellation or termination.
(c) A health maintenance organization shall not make any disbursement of seventy-five dollars ($75.00) or more without complying with the requirements specified for insurers in W.S. 26-24-130.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-110 - Annual Report.

26-34-110. Annual report.
(a) Each health maintenance organization, annually, on or before March 1, shall file with the commissioner, with a copy to the administrator, a report verified by at least two (2) organization principal officers and covering the immediately preceding calendar year. Each health maintenance organization shall file with the commissioner on a quarterly basis a statement of its financial condition for the preceding quarter. Each quarterly statement shall be filed with the commissioner on or before forty-five (45) days from the end of the quarter being reported. The reports and statements shall be on forms the commissioner prescribes and shall be completed pursuant to the most recent National Association of Insurance Commissioners' accounting practices and procedures manual.
(b) The health maintenance organization shall file on or before March 1, unless otherwise stated:
(i) Audited financial statements in accordance with the provisions of title 26, chapter 3, article 3 of the Wyoming statutes on or before June 1;
(ii) A list of the providers who have executed a contract that complies with W.S. 26-34-114; and
(iii) The report on the complaint system pursuant to W.S. 26-34-112(b).
(c) All annual and quarterly statements filed pursuant to this section shall be accompanied by an electronic version containing the same information as the statement. The commissioner may specify the format of the electronic version. The commissioner may accept, for any health maintenance organization not domiciled in this state which is required to file annual, quarterly and audited financial statements under this section, an electronic filing with the National Association of Insurance Commissioners meeting the requirements of this section as a filing with the commissioner. The commissioner may refuse to continue or may suspend or revoke the certificate of authority of any health maintenance organization failing to file its annual or quarterly statement when due.
(d) The commissioner may require any additional reports as are deemed reasonably necessary and appropriate to enable him to carry out his duties under this chapter.
2023 Wyoming Statutes › Title 26 - Insurance Code › Chapter 34 - Health Maintenance Organizations › Section 26-34-111 - Information to Enrollees; Claims to Be Accepted or Rejected; Attorney's Fees.

26-34-111. Information to enrollees; claims to be accepted or rejected; attorney's fees.
(a) Each health maintenance organization shall:
(i) Provide promptly to its enrollees notice of any material change in the operation of the organization that will directly affect those enrollees;
(ii) Provide to its subscribers a list of providers, upon enrollment and reenrollment;
(iii) Notify an enrollee in writing of the termination of the primary care provider who provided health care services to that enrollee, and provide assistance to the enrollee in transferring to another participating primary care provider;
(iv) Provide to subscribers information on how services may be obtained, where additional information on access to services can be obtained and a telephone number where the enrollee can contact the organization at no cost to the enrollee.
(b) Any claim for a benefit under a health insurance policy shall be rejected or accepted and paid by the health maintenance organization in accordance with W.S. 26-15-124(a) and (c).