Wyo. Code R. 044-0002-33
Effective Date: 03/19/1980 to 12/31/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 044.0002.33.03191980
Effective March 19, 1980
This regulation is promulgated pursuant to the authority granted under the Wyoming Administrative Procedure Act [ s 9-4-101 to 9-4-115] and the Wyoming Insurance Code [ 26-2-110(a)].
The purpose of this regulation is to identify specific acts or practices of unfair discrimination under W.S. 26-13-112 which are commonly known as insurance 'redlining' or 'creaming' practices. This regulation is not exclusive and other acts, not herein specified, may also be deemed to be violations of W.S. 26-13-112.
The following are hereby identified as acts or practices which constitute unfair discrimination between individuals or risks of the same class and essentially the same hazard:
a. Refusing to issue, refusing to renew, cancelling, mandating increased deductibles or limiting the amount of insurance coverage on a property or casualty risk, by whatever means direct or indirect, because of the geographic location of the risk, unless:
(1) The refusal, cancellation, increased deductible or limitation is for a business purpose which is not a mere pretext for unfair discrimination, or
(2) The refusal, cancellation, increased deductible or limitation is required by law or regulatory mandate.
b. Refusing to issue, refusing to renew, cancelling, mandating increased deductibles or limiting the amount of insurance coverage on a residential property risk, or the personal property contained therein, by whatever means direct or indirect, because of the age of the residential property, unless:
(1) The refusal, cancellation, increased deductible or limitation is for a business purpose which is not a mere pretext for unfair discrimination, or
(2) The refusal, cancellation, increased deductible or limitation is required by law or regulatory mandate.
Proceedings commenced alleging violations of this regulation shall be in the form of a SHOW CAUSE ORDER issued by the Commissioner. Any person charged with violating the provisions of this regulation shall have the duty of affirmatively defending such allegations by showing a legitimate business purpose not herein proscribed, provided that it shall be no defense that such alleged practices were implemented because a geographic location has been prone to natural catastrophes or other hazards outside the control of the insured.
(Section) 5 Effective Date This regulation shall become effective on 19 March 1980.