§ 35-11-1304 — 35-11-1302. Mine subsidence loss insurance program; established; rulemaking authority

Wyoming § 35-11-1304

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 13: MINE SUBSIDENCE LOSS INSURANCE

Text

(a) The governor shall establish an insurance program to
cover mine subsidence loss to specified structures in this
state. The program shall be operated by the director of the
department of environmental quality through the administrator
who shall contract for all services related to advertising,
sales of the coverage and claims adjustment and may contract for
other services necessary to the efficient operation of the
program. The program shall cover all structures insured under
this act for mine subsidence damage occurring after the
effective date of the coverage, consistent with the contract
terms and conditions. The program shall also cover structures
which have been damaged before the effective date of this act,
provided that:
(i) Damage to the structures was caused by subsidence
of mine voids in the number one and seven coal seams in Rock
Springs, Wyoming;
(ii) Claims made to the administrator documenting
that initial subsidence damage was suffered on or about the
dates of August 15, August 21, September 4 or September 10,
1985;
(iii) The property owner has made application for
coverage under this act, paid the premium required by the
administrator and paid an enrollment fee of one hundred dollars
($100.00);
(iv) The property owner executes and delivers
instruments and papers and does whatever else is necessary to
secure rights in the state to be subrogated to all the owner's
right of recovery against any person, entity or organization for
the damage and loss covered under this act; and
(v) Claims for damages and loss covered under this
act and filed under the Wyoming Governmental Claims Act are
withdrawn.
(b) The governor may promulgate rules and regulations
necessary to establish and operate a mine subsidence loss
insurance program under this act, including but not limited to:
(i) Contract terms and conditions;
(ii) Deductibles;
(iii) Coverage limits;
(iv) Claims adjustment procedures;
(v) Premium rates and enrollment fees sufficient to:
(A) Cover administrative expenses of the program
including service contracts;
(B) Satisfy anticipated claims from mine
subsidence loss;
(C) Establish a surplus to cover catastrophic
hazard and to ensure solvency.
(vi) Designation of structures or areas for which
coverage shall not be available;
(vii) Inspection of structures prior to issuing
insurance coverage;
(viii) Rules or regulations necessary to enable the
state to qualify for federal grants for state mine subsidence
loss insurance programs.
(c) The governor may accept grants from any source to aid
in establishing or operating the program under this act.