Wyoming § 26-12-205 Defense of action by unauthorized insurer

Wyoming Statutes

§ 26-12-205 — Defense of action by unauthorized insurer

Wyoming § 26-12-205

Title 26Insurance Code

Ch. 12UNAUTHORIZED INSURERS - PROHIBITIONS, PROCESS

This text of Wyoming § 26-12-205 (Defense of action by unauthorized insurer) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 26-12-205 (2026).

Text

(a)Before an unauthorized insurer files or causes to be filed any pleading in any action or proceeding instituted against it under W.S. 26-12-202 and 26-12-203, that insurer shall:

(i)Procure a certificate of authority to transact insurance in this state; or

(ii)Deposit with the clerk of the court in which the action or proceeding is pending cash or securities, or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount the court fixes sufficient to secure the payment of any final judgment which may be rendered in the action, except that the court may make an order dispensing with the deposit or bond if the insurer shows to the court's satisfaction that it:

(A)Maintains in a state of the United States funds or securities sufficient and ava

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(a) Before an unauthorized insurer files or causes to be
filed any pleading in any action or proceeding instituted
against it under W.S. 26-12-202 and 26-12-203, that insurer
shall:
(i) Procure a certificate of authority to transact
insurance in this state; or
(ii) Deposit with the clerk of the court in which the
action or proceeding is pending cash or securities, or file with
the clerk a bond with good and sufficient sureties, to be
approved by the court, in an amount the court fixes sufficient
to secure the payment of any final judgment which may be
rendered in the action, except that the court may make an order
dispensing with the deposit or bond if the insurer shows to the
court's satisfaction that it:
(A) Maintains in a state of the United States
funds or securities sufficient and available to satisfy any
final judgment which may be entered in the action or proceeding;
and
(B) Will pay any final judgment entered therein
without requiring suit to be brought on the judgment in the
state where the funds or securities are located.
(b) The court in any action or proceeding in which service
is made in the manner provided in W.S. 26-12-203 may order a
postponement as necessary to afford the defendant reasonable
opportunity to comply with the provisions of subsection (a) of
this section and to defend the action.
(c) Nothing in subsection (a) of this section prevents an
unauthorized insurer from filing a motion to quash or to set
aside the service of any process made in the manner provided in
W.S. 26-12-203 on the ground either:
(i) That the unauthorized insurer did not engage in
any of the acts enumerated in W.S. 26-12-202; or
(ii) That the person on whom service was made
pursuant to W.S. 26-12-203 was not engaged in any of the acts
enumerated in W.S. 26-12-202.