Title 31 · WY

26-2-118 and 26-2-120 through 26-2-122. In the examination the

Citation: Wyo. Stat. § 26-2-118

Section: 26-2-118

26-2-118 and 26-2-120 through 26-2-122. In the examination the assets of any motor club are such assets as are deemed by the insurance commissioner to be available for the payment of the obligations of the motor club.

(b) The expense of examination shall be paid by the motor club.

(c) In lieu of examination under subsection (a) of this section, the commissioner may accept a copy of the most recent financial statement of the motor club which has been audited by an independent certified public accountant demonstrating that the motor club is solvent as determined by generally accepted accounting principles on a going-concern basis.

31-14-113. Appointment of commissioner as club's attorney; service of process thereon.

Every motor club desiring to transact business in this state shall file with the commissioner a duly executed instrument whereby the motor club shall appoint and constitute the commissioner and his successor or successors in office the true and lawful attorney of the motor club upon whom all lawful process in any action or legal proceeding against it on a contract issued or cause of action arising in this state may be served, and shall agree that any lawful process against it which may be served upon its attorney as provided in this section shall be of the same force and validity as if served upon the motor club and that the authority thereof shall continue in force irrevocably so long as any liability of the motor club in the state remains outstanding.

31-14-114. Approval of service contract by commissioner.

A service contract shall not be executed, issued or delivered in this state until the form thereof is approved in writing by the commissioner.

31-14-115. Proof of membership; date and signature on service contract.

Every service contract executed, issued or delivered in this state shall be accompanied by a proof of membership provided to the contract holder.

31-14-116. Contents of service contract. (a) A service contract shall not be executed, issued or delivered in this state unless it contains the following:

(i) The exact corporate or other name of the club;

(ii) The exact location of its home office and any business office in the United States, phone number, email address or other contact information to which consumer inquiries may be made;

(iii) A provision that the contract may be canceled at any time by either the club or the holder, and that the holder will, if he has actually paid the consideration, thereupon be entitled to the unused portion of the consideration paid for the contract, calculated on a pro rata basis over the period of the contract, without any deductions;

(iv) A provision plainly specifying:

(A) The services promised;

(B) That the holder will not be required to pay any sum, in addition to the amount specified in the contract, for any services thus specified;

(C) The territory wherein services are to be rendered;

(D) The date when service will commence.

(v) A statement in not less than fourteen (14) point bold type at the head of the contract stating, "This is not an automobile liability or physical damage insurance contract."

31-14-117. Solicitation to purchase service contract.

A person shall not solicit or aid in the solicitation of another person to purchase a service contract issued by a club not having a certificate of authority procured pursuant to this act.

31-14-118. Misrepresentations as to service contracts.

A club or an officer or agent thereof shall not in any manner misrepresent the terms, benefits or privileges of any service contract issued or to be issued by it.

31-14-119. Validity of service contract. Any service contract made, issued or delivered contrary to any provision of this act, shall nevertheless be valid and binding on the club.

31-14-120. Repealed by Laws 2018, ch. 33, § 2.

31-14-121. Repealed by Laws 2018, ch. 33, § 2.

31-14-122. Repealed by Laws 2018, ch. 33, § 2.

31-14-123. Repealed by Laws 2018, ch. 33, § 2.

31-14-124. Repealed by Laws 2018, ch. 33, § 2.

31-14-125. Repealed by Laws 2018, ch. 33, § 2.

31-14-126. Repealed by Laws 2018, ch. 33, § 2.

31-14-127. Repealed by Laws 2018, ch. 33, § 2.

31-14-128. Repealed by Laws 2018, ch. 33, § 2.

31-14-129. Repealed by Laws 2018, ch. 33, § 2.

31-14-130. Exemptions.

(a) This act does not apply to:

(i) A duly authorized attorney at law acting in the usual course of his profession;

(ii) Any authorized insurer;

(iii) Any association of motor carriers providing one (1) or more of the services defined in W.S. 31-14-102, to its members.

31-14-131. Penalty for violation.

Each violation of this act is punishable as provided by W.S.