WORKING DRAFT SENATE FILE NO. Joint Corporations, Elections and Political Subdivisions Interim Committee A BILL. for

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1 00 STATE OF WYOMING 0LSO-00.W WORKING DRAFT SENATE FILE NO. Homeowner property insurance regulation. Sponsored by: Joint Corporations, Elections and Political Subdivisions Interim Committee A BILL for AN ACT relating to insurance; imposing certain restrictions relating to the issuance, renewal and cancellation of specified contracts of property insurance; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: 0 ISSUE. Acts of God *** STAFF COMMENTS *** This section would prohibit cancellation and nonrenewal of homeowner's policies for acts of nature. Except for the last sentence in subsection (c), regarding remedies, it is patterned after an Arkansas statute which applies more broadly to any policy covering damages to property. Section. W.S. -- is created to read: 0

2 00 STATE OF WYOMING 0LSO-00.W --. Cancellation of homeowner's insurance policies for natural causes prohibited. (a) No homeowner's insurance policy shall be canceled nor the renewal thereof denied solely as a result of claims arising from natural causes. 0 (b) As used in this section "natural cause" means an act occasioned exclusively by the violence of nature where all human agency is excluded from creating or entering into the cause of the damage or injury. (c) Any insurer which violates the provisions of this section shall be subject to the procedures and penalties provided under this chapter. Following the procedures in this chapter, the commissioner may order the reinstatement, with no lapse in coverage, of any policy cancelled or nonrenewed in violation of this section. 0 ISSUE. What is a "claim". *** STAFF COMMENTS *** The following section was created to attempt to address the issue of nonrenewals based upon "inquiries." Note that under subsection (b) the commissioner can rectify unlawful practices for all situations, but there is no individual remedy for a person refused coverage initially, an

3 00 STATE OF WYOMING 0LSO-00.W 0 individual remedy is provided only for those with existing coverage. The interest rate was taken from failure to pay claims in a timely manner - W.S. --(c). Testimony at the last meeting suggested reviewing the Missouri definition of "claim" it is provided at the end of this section. The amendment to -- is not necessary to effectuate the new --, but is included for the Committee's review at this time. --. Restrictions on underwriting for homeowner policies. 0 (a) No insurer shall cancel, refuse to renew or offer to renew at a higher premium a homeowner's insurance policy based in any manner upon the claims history of a named insured or of an applicant for insurance unless the claims history is based upon written request for payment under the policy made by the named insured, the applicant or a person who would be a named insured under the policy. (b) Any insurer which violates the provisions of this section shall be subject to the procedures and penalties provided under this chapter. Following the procedures in this chapter, the commissioner may order the reinstatement, with no lapse in coverage, of any policy cancelled or nonrenewed in violation of this section. If the commissioner finds a policy was renewed at a higher premium

4 00 STATE OF WYOMING 0LSO-00.W in violation of this section he may order the return of any unauthorized increase in premium together with interest at a rate of ten percent (0%) per year. Missouri law: "Claim" means a request or demand for payment of a loss which may be within the terms of coverage of an insurance policy. 0 0 *** STAFF COMMENTS *** The following repeal would make section -- applicable to homeowner's insurance. According to the Insurance Department the current law was intended to address problems in the commercial insurance market and thus was not made applicable to homeowner's insurance. The entire section is set forth so the Committee can readily see the effect. In any introduced bill only the repeal of subsection (d) would be shown. --. Disclosure of loss information; penalties. (a) Any insurer writing property or casualty insurance in this state as defined in W.S. --0 and - -0, shall provide the following information to the named insured within thirty (0) days of receipt of the insured's written request, but in no event more frequently than once in any twelve () month period:

5 00 STATE OF WYOMING 0LSO-00.W (i) Information on claims involving the insured closed within the preceding two () years limited to the date and description of occurrence and amount of payments, if any; (ii) Information on open claims involving the insured limited to the date and description of occurrence, amount of claim and amount of payment, if any; 0 (iii) Information on notices of occurrence involving the insured limited to the date and description of occurrence and amount of claim; and (iv) The total amount of reserve on open claims provided no insurer shall be required to provide information on any reserve specifically applicable to or identifying any claim which is or may become subject to proceedings before state or federal courts. 0 (b) An insurer which elects to cancel or nonrenew any policy of insurance subject to this section, for any reason other than nonpayment of premium, shall cause to be delivered to the insured, at the time such notice of cancellation or nonrenewal is given, a brief statement

6 00 STATE OF WYOMING 0LSO-00.W advising the insured of his right to request the information required to be given under this section. (c) Any insurer who violates this section is subject to monetary penalties or license revocation or suspension as provided by W.S. --0 and --. (d) This section does not apply to home owner's property insurance. 0 0 ISSUE. Cancellation of binders, or failure to issue policies. *** STAFF COMMENTS *** At the last meeting there was testimony that a binder will be issued and cancelled shortly before or after closing. The following is based upon an Arizona statute addressing the issue of binders. Through the definition, the Arizona statute is limited to personal insurance rather than commercial. The provision has not been amended in this draft to specify that it is limited to homeowner's policies. Wyoming law on binders generally is shown at the end of the section. Section. W.S. -- is created to read: limited. --. Use of insurance support organizations 0

7 00 STATE OF WYOMING 0LSO-00.W 0 (a) If an insurer uses for underwriting purposes for insurance policies information from a report provided by, or database maintained by, an insurance support organization, or consumer reporting agency, related to the premises that is the subject of the application or to the person applying for insurance, the insurer shall obtain that information as soon as practicable on application by a person for insurance coverage and before the issuance of a binder of insurance coverage. Failure of the insurer to timely obtain the information required by this subsection precludes the insurer from declining insurance coverage or terminating a binder of insurance coverage based on the information. This subsection does not apply to a policy renewal. 0 (b) After thirty (0) days from the application by an insured for insurance coverage, no declination or termination of insurance coverage shall be based on information from a consumer report, including a consumer report provided by, or database maintained by, an insurance support organization or consumer reporting agency, related to the premises that is the subject of the application or to the person applying for insurance. Notwithstanding any other law, an insurer may decline or terminate insurance

8 00 STATE OF WYOMING 0LSO-00.W coverage based on the condition of the premises as determined through a physical inspection of the premises. Section. W.S. --0(a) by creating new paragraphs (xxxvii) through (xl) is amended to read: --0. Definitions. (a) As used in this act: (xxxvii) "Consumer reporting agency" means any person who does any of the following: 0 (A) Regularly engages, in whole or in part, in the practice of assembling or preparing consumer reports for a monetary fee; sources other than insurers; (B) Obtains information primarily from persons. (C) Furnishes consumer reports to other (xxxviii) "Insurance support organization" means: 0 (A) Any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary

9 00 STATE OF WYOMING 0LSO-00.W 0 purpose of providing the information to an insurance institution or insurance producer for insurance transactions, including the furnishing of consumer reports or investigative consumer reports to an insurer or insurance producer for use in connection with an insurance transaction or the collection of personal information from insurers, insurance producers or other insurance support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity. (B) Notwithstanding subparagraph (A) of this paragraph the following persons are not considered insurance support organizations for purposes of this code: (I) Insurance producers; (II) Government institutions; (III) Insurers; (IV) Medical care institutions; (V) Medical professionals. 0 (xxxix) "Insurance transaction" for the purposes of paragraph (xxxviii) of this subsection, means any transaction involving insurance primarily for personal,

10 00 STATE OF WYOMING 0LSO-00.W family or household needs rather than business or professional needs and which entails the determination of an individual's eligibility for an insurance coverage, benefit or payment or the servicing of an insurance application, policy, contract or certificate. 0 (xl) "Investigative consumer report" means a consumer report or portion of a consumer report in which information about a natural person's character, general reputation, personal characteristics or mode of living is obtained through personal interviews with the person's neighbors, friends, associates, acquaintances or others who may have knowledge concerning those items of information Binder and other contracts for temporary insurance. (a) Binders or other contracts for temporary insurance may be made orally or in writing and include all the usual terms of the policy as to which the binder is given together with applicable endorsements as are designated in the binder, except as superseded by the terms of the binder. (b) No binder is valid beyond the issuance of the policy with respect to which it is given, or beyond ninety (0) days from its effective date, whichever period is shorter. (c) If the policy is not issued, a binder may be extended or renewed beyond the ninety (0) days with the commissioner's written approval or in accordance with rules and regulations relative thereto the commissioner promulgates. 0

11 00 STATE OF WYOMING 0LSO-00.W (d) This section does not apply to life or disability insurances. *** STAFF COMMENTS *** The following also applies to cancellations and notices of cancellations. Homeowner's policies are exempted for cancellation notice requirements under current law. The amendment would change that; the effect of the amendment can only be seen by reading the remainder of the article, which is included. This issue was noted by testimony at the last meeting as something that could be problematic, but the amendment is not directly needed to address the binder-failure to issue a policy problem Scope of article. This article applies to all property and casualty insurance as defined in W.S. --0 and --0, except this article does not apply to binders and other temporary contracts for temporary insurance provided for under W.S. --, homeowners' policies or personal lines auto policies Mid-term cancellation; grounds; notice; exception. (a) An insurance policy or renewal shall not be cancelled by an insurer prior to the expiration of the term stated in the policy, except for any one () of the following reasons: (i) Failure to pay a premium when due; (ii) Material misrepresentation of fact which if known to the company would have caused the company not to issue the policy; (iii) Substantial change in the risk assumed, except to the extent that the insurer should reasonably have foreseen the change or contemplated the risk in writing the policy; or

12 00 STATE OF WYOMING 0LSO-00.W (iv) Substantial breaches of contractual duties, conditions or warranties. (b) Cancellation under paragraph (a)(i), (iii) or (iv) of this section shall not be effective unless written notice stating the precise reason for cancellation has been made as provided in W.S. --0: (i) Not less than ten (0) days prior to the proposed effective date of cancellation if cancellation is for the reason stated in paragraph (a)(i) of this section; or (ii) Not less than forty-five () days prior to the proposed effective date of cancellation in all other cases except paragraph (a)(ii) of this section. (c) Subsections (a) and (b) of this section do not apply to any insurance policy which has been in effect for less than sixty (0) days and is not a renewal of a previously existing policy for a term longer than sixty (0) days. (d) If an insurance company loses its reinsurance and the loss threatens the solvency of the company, the company shall: (i) Continue coverage to the extent of its retention as to each policyholder; (ii) Notify each policyholder of the amount of coverage still present; and (iii) Refund the unearned premium Nonrenewal; notice. (a) No insurance policy shall be nonrenewed by an insurer except in accordance with the provisions of this section and any nonrenewal attempted which is not in compliance with this section is ineffective. (b) A policy may be nonrenewed by the insurer at its expiration or anniversary date by giving written notice of nonrenewal as provided in W.S. --0, not less than forty-five () days prior to the expiration or anniversary date of the policy.

13 00 STATE OF WYOMING 0LSO-00.W (c) Any notice of nonrenewal under this section shall state the precise reason for nonrenewal. There shall be no liability on the part of an insurer for stated reasons of nonrenewal given in good faith pursuant to this article Renewal with altered terms; notice. (a) If an insurer intends to renew a policy, but on less favorable terms or at higher rates, the insurer shall furnish to the insured and the agent of record, if any, renewal terms and a statement of the amount of premium due for the renewal policy period in accordance with this section. (b) The renewal terms and statement of premium due shall be given pursuant to W.S. --0 not less than forty-five () days prior to the expiration or anniversary date of the original policy. (c) If the insurer fails to furnish the renewal terms and statement of premium due in the manner required by this section, the insured may elect to cancel the renewal policy within the forty-five () day period following receipt of the renewal terms and statement of premium due. Earned premium for any period of coverage shall be calculated pro rata based upon the premium applicable to the original policy and not the premium applicable to the renewal policy. Section. The provisions of this act shall apply to insurance policies delivered, issued for delivery or renewed in this state on or after the effective date of this act. Section. This act is effective July, 00. (END)

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