§ 26-13-125 — Certificates of insurance

Wyoming § 26-13-125

• Jurisdiction: Wyoming
• Title 26: Insurance Code
• Ch. 13: TRADE PRACTICES AND FRAUDS

Text

(a) No person shall prepare, issue or knowingly request
the issuance of a certificate of insurance unless the form has
been filed and approved in accordance with W.S. 26-15-110. No
person shall alter or modify a certificate of insurance form
unless the alteration or modification has been filed and
approved in accordance with chapter 15 of this code.
(b) The commissioner shall disapprove the use of, or
prohibit the use of, a certificate of insurance form filed under
this section if the certificate of insurance form:
(i) Is unfair, misleading or deceptive;
(ii) Violates public policy; or
(iii) Fails to comply with this section or any other
law of this state.
(c) The forms used for a certificate of insurance for
surplus lines policies issued pursuant to the nonadmitted
insurance law, W.S. 26-11-101 et seq., are not subject to the
approval requirements of W.S. 26-15-110. Certificates issued
for surplus lines insurance policies shall use either:
(i) A form approved for the policy by the insurer's
home state; or
(ii) A standard form used by the issuing insurer if
there is no relevant form approved by the home state.
(d) Each certificate of insurance shall contain the
following or similar statement: "This certificate of insurance
is issued as a matter of information only and confers no rights
upon the certificate holder. Subject to W.S. 26-13-125(e), this
certificate does not alter, amend or extend the coverage, terms,
exclusions and conditions afforded by the policies referenced
herein."
(e) No person shall demand or request the issuance of a
certificate of insurance or other document, record or
correspondence that the person knows contains any false or
misleading information or that purports to affirmatively or
negatively alter, amend or extend the coverage provided by the
policy of insurance to which the certificate makes reference.
(f) The provisions of this section shall apply to all
certificate holders, third party certificate administrators,
policy holders, insurers, insurance producers and certificate of
insurance forms issued as evidence of property or casualty
insurance coverages on property, operations or risks located in
this state, regardless of where the certificate holder, policy
holder, insurer or insurance producer is located.
(g) A certificate of insurance is not a policy of
insurance and does not affirmatively or negatively alter, amend
or extend the coverage afforded by the policy to which the
certificate of insurance makes reference. A certificate of
insurance shall not confer to a certificate holder any new or
additional rights beyond what the referenced policy or insurance
provides. Any coverage or policy limits listed on the
certificate of insurance shall accurately reflect policy limits.
(h) No certificate of insurance shall contain references
to contracts other than the underlying contracts of insurance,
including construction or service contracts. Notwithstanding
any requirement, term or condition of any contract or other
document with respect to which a certificate of insurance may be
issued or may pertain, the insurance afforded by the referenced
policy of insurance is subject to all the terms, exclusions and
conditions of the policy itself.
(j) A person is entitled to receive notice of
cancellation, nonrenewal or any material change or any similar
notice concerning a policy of insurance only if the person has
notice rights under the terms of the policy or any endorsement
to the policy. The terms and conditions of the notice,
including the required timing of the notice, are governed by the
policy of insurance or endorsement and may not be altered by a
certificate of insurance.
(k) Any certificate of insurance or any other document,
record or correspondence prepared, issued or requested in
violation of this section shall be null and void and of no force
and effect.
(m) As used in this section:
(i) "Certificate" or "certificate of insurance" means
any document or instrument, no matter how titled or described,
which is prepared or issued as evidence of property or casualty
insurance coverage. "Certificate" or "certificate of insurance"
shall not include a policy of insurance, a certificate issued to
a policyholder under a group master policy, an insurance binder,
a policy endorsement, and automobile insurance identification
card, or a certificate prepared or issued pursuant to any
federal law, rule or regulation or any other law, rule or
regulation of this state, in which the specific content and form
of the certificate is enumerated therein;
(ii) "Certificate holder" means any person, other
than a policyholder, who requests, obtains or possesses a
certificate of insurance;
(iii) "Group master policy" means an insurance policy
that provides coverage to eligible persons on a group basis
through a group insurance program;
(iv) "Policyholder" means a person who has contracted
with a property or casualty insurer for insurance coverage.
ARTICLE 2
FALSE APPLICATIONS, CLAIMS AND PROOF OF LOSS