Wyo. Code R. 044-0002-16
Effective Date: 12/31/1996 to 08/11/2006
Rule Type: Superceded Rules & Regulations
Reference Number: 044.0002.16.12311996
These rules and regulations governing the licensing of insurance agents supplement the provisions of W.S. 26-9-117(c), W.S. 26-9-118(b), W.S. 26-9-118(c), W.S. 26-9-119(a), W.S. 26-9-119(b), W.S. 26-9-120, W.S. 26-9-129(a), W.S. 26-9-138(a), and W.S. 26-9-138(b) of the Wyoming Insurance Code. They are promulgated by authority of and pursuant to the Wyoming Administrative Procedure Act (W.S. 16-3-102 through W.S. 16-3-105) and the Wyoming Insurance Code (W.S. 26-2-110).
The purpose of these rules and regulations is to establish a procedure for continuing an insurance agent's company appointment on a perpetual basis.
Each insurer appointing an agent in this state shall file with the commissioner in writing a Wyoming agent appointment in the form specified in Exhibit A. As to agent's appointments made prior to and in effect on the effective date of these rules and regulations, the commissioner shall certify as to the existence of such appointment.
Every agent appointment made by an insurer pursuant to the provisions of the Wyoming Insurance Code and these rules and regulations shall be permanent and remain in effect perpetually, subject to the payment of an annual continuation fee as specified in W.S. 26-4-101, until terminated by the appointing insurer or appointed agent, by failure to pay such continuation fee as provided by these rules and regulations or by revocation of the agent's license. At the time he receives written notice from an appointing insurer that an agent has been appointed by the insurer pursuant to Section 3 of these rules and regulations, the commissioner shall issue a permanent appointment card for the agent evidencing his authorization to act on behalf of the appointing insurer. Such appointment card shall be valid during the entire period in which the appointment is in effect.
(a) Annually on or before March 31 each insurer shall file with the commissioner an alphabetical list of the names and addresses of all its agents in this state whose appointments are to remain in effect as to the kinds of insurance or classifications thereof for which the agents are currently appointed, accompanied by payment of the annual continuation of appointment fee as specified in W.S. 26-4-101. Failure to submit the proper continuation of appointment fee on or before March 31 as required shall result in the termination of the agent's appointment.
(b) Concurrent with the insurer filing its list of continued appointments as specified in Subsection a, above, annually on or before March 31 each insurer shall file with the commissioner an alphabetical list of the names and addresses of all its agents in this state whose appointments are not to remain in effect as to the kinds of insurance or classifications thereof for which the agents are currently appointed. Such terminations shall be effective March 31. The list of appointments not being continued constitutes notice to the commissioner. The insurer shall promptly give written notice of termination in the form as specified in Exhibit B, to any agent so terminated at the agent's last known address, if reasonably possible, and shall provide the commissioner with proof that the insurer has given notice of termination to the agent and with a statement of all the facts constituting the cause, if any, for termination as provided in Exhibit B1.
(c) An insurer may terminate as agency appointment at any time subject to the agent's contract rights by promptly giving written notice of termination and effective date thereof to the commissioner and to the agent so terminated at the agent's last known address, if reasonably possible, in the form as specified in Exhibit B and shall provide the commissioner with proof that the insurer has given notice of termination to the agent and with a statement of all the facts constituting the cause, if any, for termination as provided in Exhibit B1.
Upon receiving notice of termination of appointment, the agent or other person having possession or custody of the appointment card shall immediately deliver it to the commissioner either by personal delivery or by mail. In the event any appointment card is lost, stolen or destroyed the commissioner may accept instead of return of the appointment card, the affidavit of the agent or other person responsible for or involved in the safekeeping of the appointment card concerning the facts of the loss, theft or destruction.
The commissioner shall maintain in his office as a public record a copy of the written Wyoming agent appointment, in the form specified in Exhibit A, or commissioner's certification of appointment as to agent appointments made prior to and in effect on the effective date of these rules and regulations, upon which the agent's permanent appointment card is issued, and a copy of the appointment termination, contained in Exhibit B1, for a period of three (3) years after such termination, provided, however, that the statement of facts constituting the cause for termination, if other than failure to submit proper continuation fee as specified in Section 5a of these rules and regulations, contained in Exhibit B1, shall be a privileged communication, not subject to public inspection, and is not admissible as evidence in any action or proceeding unless authorized by the insurer in writing.
If any provision of these rules and regulations or application thereof to any person or circumstance is for any reason held to be invalid, the remainder of these rules and regulations and the application thereof to other persons and circumstances shall not be affected thereby.
These rules and regulations shall become effective on March 1, 1987.
WY COMPANY NO. COMPANY NAME DATE APPOINTED
STATE OF DOMICILE RECEIPT DATE
DEPARTMENT USE ONLY
SOCIAL SECURITY NO. OR IRS NO.
LAST NAME OR CORPORATION FIRST NAME MIDDLE INITIAL
STREET ADDRESS
CITY STATE ZIP CODE
INSURANCE LINES: PLEASE CIRCLE FEES: $10.00
1. LIFE AND ANNUITIES 1A3A. CREDIT LIFE & CREDIT DISABILITY
2. VARIABLE CONTRACTS
3. DISABILITY
4. AUTO
5. PROPERTY & LIABILITY
6. SURETY
7. TITLE
30. FRATERNAL
The Company named above, acting through its duly authorized representative, does hereby nominate and appoint the person named above to act as its representative in the solicitation and negotiation of insurance contracts in the State of Wyoming. Payment of the appointment fee is tendered herewith.
We, the undersigned company, have made a diligent inquiry and investigation relative to this appointee's identity, residence and experience or instruction as to the kinds of insurance to be transacted and are satisfied that the appointee is trustworthy and qualified to act as our agent and to hold himself out in good faith to the general public as such agent. We desire that he represent us in your state.
We further certify that the investigation conducted of the appointee's character and background is correctly summarized as follows:
1. Extent and nature: __ National Reporting Service _ Other (describe) ___
2. Findings: __ All Favorable ____ Favorable with these exceptions:
Date
Appointing Company
Signature of Authorized Company Official
1. The above form must be completed for each new agent employed by a company and submitted with the requisite appointment fee.
2. Mandatory items to be completed by the company: Proper Company name, Wyoming Company number, Social Security number or IRS number, and circle proper insurance lines.
3. Requisitions submitted after February 1st and before March 31st should also be accompanied by payment of $10.00 for the following year’s appointment fee. This is necessitated by data processing requirements.
4. Make checks payable to Wyoming State Treasurer.
5. Enclose self-addressed envelope.
This document is for the purpose of entering information into a computer system. It should be completed fully, accurately, and legibly. Inaccuracies and omissions will create delay in issuing your appointment as it may be returned for corrections.
Mail requisitions and payment to
WYOMING INSURANCE DEPARTMENT Herschler Building, 3rd East Cheyenne, Wy 82002
PLEASE TAKE NOTICE that subject to the agent's contract rights, if any, the following agent's appointment with the following authorized insurer is terminated and cancelled in accordance with the provisions of W.S. 26-9-119 and Chapter XLI Section 5 of the Wyoming Insurance Department Regulations.
Name of Agent: ____ Address of Agent: ___ Name of Insurer: ____ Date of Termination: ___
The agent or other person having possession or custody of the agent's appointment card for this insurer shall immediately deliver the card to the Insurance Commissioner of the State of Wyoming either by personal delivery or mail. In the event the appointment card is lost, stolen or destroyed, contact the Insurance Commissioner for instructions.
Dated: _______
Signature
Title