Wyo. Code R. 044-0002-23
Effective Date: 09/02/1975 to 12/31/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 044.0002.23.09021975
These rules and regulations governing the policy provisions employed in various uninsured motorist endorsements circulated within the State of Wyoming supplement Section 26-15-113 of the Wyoming Insurance Code. They are promulgated by authority of and pursuant to the Wyoming Administrative Procedures Act (Sections 9-4-101 through 9-4-115) and to Sections 26-2-110 and 26-2-125 of the Wyoming Insurance Code.
(Section) 2 Purpose The purpose of these rules is to assure that uninsured motorist coverages issued and circulated with the State of Wyoming do not conflict with or otherwise unlawfully restrict the minimum coverages required by the Wyoming Uninsured Motorists Act, Section 31-10-101 - W.S. 1977. Further, their purpose is to prevent the circulation of uninsured motorist policy forms in Wyoming which contain ambiguous, misleading, or inconsistent language, or which deceptively affect the risk purported to be assumed in the general coverage of the contract.
(Section) 3 Applicability These rules shall apply to any casualty insurer who circulates automobile liability insurance in the State of Wyoming.
(Section) 4 'Other' Insurance Clauses In all instances where the 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 Section 31-9-102 - W.S. 1977, 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.
(Section) 5 Reduction of Uninsured Motorists Coverage by Sums Paid Under Automobile Medical Coverage, Bodily Injury Coverage, and Workmen's Compensation
a. In no instance shall the benefits payable under uninsured motorists coverage be reduced on account of 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. Only when total proven or undisputed damages incurred by the insured do not exceed the policy limits of the uninsured motorists coverage may payments made under other provisions of the policy be used to reduce uninsured motorist benefits.
b. In no instance shall the benefits payable under uninsured motorists coverage be reduced by amounts paid under Workmen's Compensation legislation.
a. In no instance shall uninsured motorist endorsements which provide coverage against bodily injury inflicted by a hit-and-run motorist restrict such coverage to injuries which result from actual physical contact with the hit-and-run vehicle.
b. Any language which requires the insured to report a hit-and-run accident to a police officer or the Department of Motor Vehicles within 24 hours after the occurrence of the accident shall be amended to read 'within 24 hours after the occurrence of the accident or as soon thereafter as is practicable under the circumstances.'
c. Any language which requires the insured to file with the insurer a statement or oath within 30 days after the accident shall have been reported shall be amended to read 'and at the request of the insurer shall have filed a statement of oath within 30 days after request for the same is made.'
a. All uninsured motorist coverages must delete from policy forms circulated within the State of Wyoming any language which excludes from the definition of an uninsured automobile any motor vehicle owned by a state or local governmental agency and any federal vehicle where its use is unauthorized.
b. Any uninsured motorists coverage circulated within the State of Wyoming which excludes from the definition of an uninsured automobile 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.'
In no instance shall any uninsured motorists coverage circulated within the State of Wyoming contain any policy language which forbids the insured to prosecute an action against an uninsured motorist without the written consent of the insurer. The insurer, however, shall be entitled to a copy of the complaint and summons forthwith in the event the insured decides to initiate a lawsuit.
In no instance shall any uninsured motorists coverage circulated within the State of Wyoming contain a mandatory arbitration clause by which the insured is required to arbitrate an insurance claim in the event of disagreement with his insurer, nor shall any such clause require that the results of arbitration are binding on the parties without the right of appeal unless the parties themselves agree to be so bound by a separate agreement.
Notwithstanding any other section of this regulation, no payments will 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.