CHAPTER 24

REGULATION GOVERNING PRIVATE PASSENGER LIABILITY POLICIES

Section 1. Authority

These rules and regulations governing the policy provisions of the Liability Section of private passenger automobile policies marketed in 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 Admin- istrative Procedures Act (16-3-101 et seq.) and to Sections 26-2-110 and 26-2-125 of the Wyoming Insurance Code.

Section 2. Purpose

The purpose of this regulation is to lessen a gap in coverage that exists when the named insured, in the course of his employment in a business other than the automobile business, negligently injures a fellow employee while driving (1) certain non-owned vehicles, the use of which is otherwise insured, or (2) the owned motor vehicle. The above situations are excluded from many automobile liability policies issued in this state. These exclusions were intended to avoid duplication of benefits to an injured party under the liability contract and the Workmen’s Compensation Law. The State of Wyoming Workmen’s Compensation Act is captive for hazardous occupations, but excludes non-hazardous occupations—thus gap in coverage is possible.

Section 3. Applicability

These rules shall apply to the Bodily Injury Liability coverage of any private passenger automo- bile insurance policy issued in the State of Wyoming.

Section 4. Definitions

Types of vehicles which are not peculiar to business or industry and might reasonably be styled as family type vehicles shall not be excluded from the coverage afforded for non-owned auto. Such vehicles take the form of vans, panel deliveries, pickups, etc. If the policy language distinguishes between different types of vehicles such as “private passenger” and “utility”or definitions of similar import; the van—panel delivery—pickup type must be included in the definition which affords non- owned coverage. A suggested demarcation might be between 10,000 and 10,001 pounds of gross ve- hicle weight. This of course, need not affect the automobile business exclusion.

Section 5. Minimum Coverage

Consistent with the Wyoming Safety Responsibility Act, any private passenger automobile policy which provides Bodily Injury Liability coverage may not exclude the named insured from suchcoverage for bodily injury to a fellow employee of the named insured injured in the course of such employment in a business other than the automobile business and arising out of the use by the named insured of:

1. (a) The owned motor vehicle, or
2. (b) A non-owned private passenger or utility automobile the use of which is otherwise covered by the policy. Liability coverage may be excluded from the above described situations for those injuries which are required to be compensated, under any Workmen’s Compensation Law.