Insurance Dept.

General Agency, Board or Commission Rules

Chapter 23: Regulation Governing Uninsured Motorist Endorsements

Effective Date: 05/15/2025 to Current

Rule Type: Current Rules & Regulations

Reference Number: 044.0002.23.05152025

CHAPTER 23

REGULATION GOVERNING UNINSURED MOTORIST ENDORSEMENTS

Section 1. Authority. These rules and regulations supplement W.S. §§ 26-2-110 and W.S. § 26-15-101 et. seq. of the Wyoming Insurance Code and the Wyoming Uninsured Motorists' Act W.S. § 31-10-101, et. seq.

Section 2. 'Other' Insurance Clauses. If an insured holds more than one policy of uninsured motorists insurance or is entitled to recover under more than one policy of uninsured motorists insurance, for which separate premiums have been paid, the extent of this coverage will be the combined coverages under all policies, and actual damages sustained by the insured will be recoverable to the full extent of the combined limits of all such policies. Such recovery, however, will not exceed the minimum requirements for coverage under W.S. § 31-9-102, as to all other policies except the primary policy. The primary policy shall be construed to mean that policy which provides the coverage for the insured automobile involved in the accident. Payment under the policy may only be reduced when total proven or undisputed damages incurred by the insured do not exceed the policy limits of the uninsured motorists coverage.

Section 3. Reduction of Uninsured Motorists Coverage by Sums Paid Under Automobile Medical Coverage, Bodily Injury Coverage, and Worker's Compensation.

(a) Benefits payable under uninsured motorists coverage shall not reduce or be reduced by payments made under any other section of the policy, including, but not limited to, sums paid under automobile medical coverage and bodily injury liability coverage, where actual damages exceed the policy limits of the uninsured motorists coverage. Payment under the policy may only be reduced when total proven or undisputed damages incurred by the insured do not exceed the policy limits of the uninsured motorists coverage.

(b) Benefits payable under uninsured motorists coverage shall not be reduced by amounts paid under Worker's Compensation.

Section 4. Hit-and-Run Coverage.

(a) Uninsured motorist endorsements that provide coverage against bodily injury inflicted by a hit-and-run motorist shall not restrict such coverage to injuries which result from actual physical contact with the hit-and-run vehicle.

(b) If a policy contains language requiring the insured to report a hit-and-run accident to a police officer or the Department of Motor Vehicles within a specific timeframe after the accident, the policy shall also include the phrase, 'or as soon thereafter as is practicable under the circumstances.'

(c) If a policy contains language requiring an insured to file with the insurer a statement or oath within a specific timeframe after the accident the policy shall also include the phrase 'after request for the same is made by the insurer.'

Section 5. Defining an Uninsured Automobile.

(a) The definition of an uninsured automobile shall not include a provision that states the unauthorized use of a motor vehicle owned by a federal, state or local governmental agency is excluded.

(b) Any uninsured motorists coverage that excludes from the uninsured automobile definition any land motor vehicle or trailer while located for use as a residence or premises shall be amended to read 'This exclusion shall not apply to mobile recreational vehicles while being used for normal and ordinary purposes.'

Section 6. Consent to Sue Clause. Uninsured motorists coverage shall not contain any policy language which requires the insured to obtain written consent of the insurer to initiate an action against an uninsured motorist. The insurer shall be entitled to a copy of the complaint and summons.

Section 7. Mandatory Arbitration Clause. Uninsured motorists coverage shall not contain a mandatory arbitration clause. An arbitration clause shall not require that the decision is binding on the parties without the right of appeal unless the parties agree to be so bound by a separate written agreement.

Section 8. Benefits in Excess of Damages. Payments shall not be required under uninsured motorists coverage which would result in duplicate payment for the same elements of loss or payment in excess of damages sustained.