Title 26 · WY
26-3-401 if the nonrenewal, cancellation or revision is not
Citation: Wyo. Stat. § 26-3-401
Section: 26-3-401
26-3-401 if the nonrenewal, cancellation or revision is not material. For purposes of this article, a material nonrenewal, cancellation or revision is one that affects for property and casualty business, including accident and health business when written as such, more than fifty percent (50%) of an insurer's ceded written premium, or for life, annuity and accident and health business, more than fifty percent (50%) of the total reserve credit taken for business ceded, on an annualized basis as indicated in the insurer's most recently filed statutory statement. No filing is required if the insurer's ceded written premium or the total reserve credit taken for business ceded represents, on an annualized basis, less than ten percent (10%) of direct plus assumed written premium or ten percent (10%) of the statutory reserve requirement prior to any cession, respectively.
(b) Subject to subsection (a) of this section, a report shall be filed without regard to which party has initiated the nonrenewal, cancellation or revision of ceded reinsurance whenever one (1) or more of the following conditions exist:
(i) The entire cession has been canceled, nonrenewed or revised and ceded indemnity and loss adjustment expense reserves after any nonrenewal, cancellation or revision represent less than fifty percent (50%) of the comparable reserves that would have been ceded had the nonrenewal, cancellation or revision not occurred;
(ii) An authorized or accredited reinsurer has been replaced on an existing cession by an unauthorized reinsurer; or
(iii) Collateral requirements previously established for unauthorized reinsurers have been reduced, including, but not limited to, the requirement to collateralize incurred but not reported claim reserves being waived with respect to one (1) or more unauthorized reinsurers newly participating in an existing cession.
(c) Subject to subsection (a) of this section, for purposes of paragraphs (b)(ii) and (iii) of this section, a report shall be filed if the result of the revision affects more than ten percent (10%) of the cession.
(d) The following information is required to be disclosed in any report of a material nonrenewal, cancellation or revision of ceded reinsurance agreements:
(i) Effective date of the nonrenewal, cancellation or revision;
(ii) The description of the transaction with an identification of the initiator;
(iii) Purpose of, or reason for, the transaction; and
(iv) If applicable, the identity of the replacement reinsurers.
(e) Insurers are required to report all material nonrenewals, cancellations or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or one hundred percent (100%) reinsurance agreement that affects the solvency and integrity of the insurer's reserves and the insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than one million dollars ($1,000,000.00) total direct plus assumed written premiums during a calendar year which are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than five percent (5%) of the insurer's capital and surplus.
ARTICLE 5 ELECTRONIC DELIVERY OF DOCUMENTS
26-3-501. Applicability.
(a) This article shall apply to property and casualty insurance, life insurance and disability insurance, including:
(i) Accident only insurance;
(ii) Accidental death or dismemberment insurance;
(iii) Credit insurance;
(iv) Dental or vision care insurance;
(v) Medicare supplemental insurance as defined by section 1882(g)(i) of the federal Social Security Act;
(vi) Long-term care insurance, including nursing home fixed indemnity insurance;
(vii) Disability income or a combination of accident only and disability income insurance;
(viii) Insurance issued as a supplement to liability insurance;
(ix) Specified disease insurance;
(x) Workers' compensation insurance;
(xi) Medical payment insurance coverage provided under a motor vehicle insurance policy;
(xii) Hospital confinement indemnity insurance;
(xiii) Limited benefit insurance that is offered and marketed as supplemental health insurance and not as a substitute for hospital or medical insurance or major medical expense insurance.
26-3-502. Electronic notices and documents. (a) Subject to subsection (c) of this section, any notice to a party or any other document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored and presented by electronic means so long as it meets the requirements of the Uniform Electronic Transactions Act, W.S. 40-21-101 through