2010 Wyoming Statutes
Title 26 - Insurance Code
Chapter 17 - Group Life Insurance

CHAPTER 17 - GROUP LIFE INSURANCE

 

26-17-101. Applicability of chapter; short title.

 

This chapter applies only to group life insurance and is known and may be cited as the "Group Life Insurance Law".

 

26-17-102. Group contracts must meet group requirements; inapplicability of section; old contracts saved.

 

 

(a) No life insurance policy shall be delivered or issued for delivery in this state insuring the lives of more than one (1) individual unless to one (1) of the groups specified in this chapter and unless in compliance with the provisions of this chapter.

 

(b) Subsection (a) of this section does not apply to life insurance policies:

 

(i) Insuring only individuals:

 

(A) Related by blood, marriage, legal adoption or common ethnic heritage or ancestry;

 

(B) Having a common interest through ownership of a business enterprise, or a substantial legal interest or equity therein, and who are actively engaged in the management thereof; or

 

(C) Otherwise having an insurable interest in each other's lives.

 

(ii) Repealed by Laws 1990, ch. 3, 3.

 

(c) Subsections (a) and (b) of this section and W.S. 26-17-103 through 26-17-109 do not apply to any group life insurance contract entered into or issued prior to January 1, 1968 or to any transfer of that contract to, or rewriting of that contract by, another insurer.

 

26-17-103. Employee groups.

 

 

(a) The lives of a group of individuals may be insured under a policy issued to an employer or trustees of a fund established or adopted by an employer, which employer or trustee is deemed the policyholder, insuring the employer's employees for the benefit of persons other than the employer, subject to the following requirements:

 

(i) All employees or any class of employees are eligible for insurance under the terms of the policy;

 

(ii) The policy may define "employees" to include:

 

(A) The employees of one (1) or more subsidiary corporations;

 

(B) The employees, individual proprietors and partners of one (1) or more affiliated corporations, proprietors or partnerships, if the business of the employer and of the affiliated corporations, proprietors or partnerships is under common control through stock ownership, contract or otherwise;

 

(C) The individual proprietor or partner, if the employer is an individual proprietor or a partnership;

 

(D) Retired or former employees;

 

(E) Directors of a corporate employer.

 

(iii) Repealed by Laws 1990, ch. 3, 3.

 

(iv) Repealed by Laws 1990, ch. 3, 3.

 

(v) Any policy issued to insure the employees of a public body may define "employees" to include elected or appointed officials;

 

(vi) Policy premiums shall be paid by the policyholder subject to the following requirements:

 

(A) Repealed by Laws 1990, ch. 3, 2, 3.

 

(B) Repealed by Laws 1990, ch. 3, 3.

 

(C) Repealed by Laws 1990, ch. 3, 3.

 

(D) If the insured employee does not pay any part of the premium for his insurance, the policy shall insure all eligible employees, except those who reject the coverage in writing and except as provided in subparagraph (E) of this paragraph;

 

(E) An insurer may exclude or limit the coverage on any person if evidence of individual insurability does not satisfy the insurer.

 

(vii) Repealed by Laws 1990, ch. 3, 3.

 

(viii) Repealed by Laws 1990, ch. 3, 3.

 

26-17-104. Debtor groups for benefit of creditor.

 

 

(a) The lives of a group of individuals may be insured under a policy issued to a creditor, a creditor's parent holding company or a trustee or agent designated by two (2) or more creditors, which creditor, holding company, affiliate, trustee or agent is deemed the policyholder, to insure debtors of the creditor concerning their indebtedness, subject to the following requirements:

 

(i) All debtors or any class of debtors of the creditor are eligible for insurance under the terms of the policy;

 

(ii) The policy may provide that the term "debtors" shall include:

 

(A) Borrowers of money or purchasers or lessees of goods, services or property for which payment is arranged through a credit transaction;

 

(B) The debtors of one (1) or more subsidiary corporations; and

 

(C) The debtors of one (1) or more affiliated corporations, proprietors or partnerships if the business of the policyholder and of the affiliated corporations, proprietors or partnerships is under common control.

 

(iii) Repealed by Laws 1990, ch. 3, 3.

 

(iv) Policy premiums shall be paid by the policyholder, subject to the following requirements:

 

(A) Repealed by Laws 1990, ch. 3, 3.

 

(B) Repealed by Laws 1990, ch. 3, 3.

 

(C) If the insured debtor does not pay any part of the premium for his insurance, the policy shall insure all eligible debtors, except those who reject the coverage in writing and those who do not present evidence of individual insurability satisfactory to the insurer.

 

(v) Repealed by Laws 1990, ch. 3, 3.

 

(vi) The policy may exclude from the classes eligible for insurance classes of debtors determined by age;

 

(vii) The total amount of insurance payable for an indebtedness shall not exceed the greater of the scheduled or actual amount of unpaid indebtedness to the creditor, except that insurance written concerning open-end credit having a credit limit exceeding ten thousand dollars ($10,000.00) may be in an amount not exceeding the credit limit;

 

(viii) The insurance may be payable to the creditor or any successor to the right, title and interest of the creditor. The payment shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of the payment and any excess of the insurance is payable to the insured or the estate of the insured;

 

(ix) Notwithstanding paragraphs (i) through (viii) of this subsection, insurance on agricultural credit transaction commitments may be written up to the amount of the loan commitment on a nondecreasing or level term plan. Insurance on educational credit transaction commitments may be written up to the amount of the loan commitment less the amount of any repayments made on the loan.

 

26-17-105. Labor union groups.

 

 

(a) The lives of a group of individuals may be insured under a policy issued to a labor union or similar employee organization which union or organization is deemed the policyholder, to insure members of the union or organization for the benefit of persons other than the union or organization or any of its officials, representatives or agents, subject to the following requirements:

 

(i) All members or any class of members of the union or organization are eligible for insurance under the terms of the policy;

 

(ii) Policy premiums shall be paid by the policyholder, subject to the following requirements:

 

(A) Repealed by Laws 1990, ch. 3, 3.

 

(B) Repealed by Laws 1990, ch. 3, 3.

 

(C) Repealed by Laws 1990, ch. 3, 3.

 

(D) If the insured member does not pay any part of the premium for his insurance, the policy shall insure all eligible members, except those who reject the coverage in writing and those who do not present evidence of individual insurability satisfactory to the insurer.

 

(iii) Repealed by Laws 1990, ch. 3, 3.

 

(iv) Repealed by Laws 1990, ch. 3, 3.

 

26-17-106. Trustee groups.

 

 

(a) The lives of a group of individuals may be insured under a policy issued to a trust or the trustees of a fund established or adopted by two (2) or more employers, by one (1) or more labor unions or similar employee organizations, or by one (1) or more employers and one (1) or more labor unions or similar employee organizations, which trust or trustees are deemed the policyholder, to insure employees of the employers or members of the unions or organizations, for the benefit of persons other than the employers, unions or organizations, subject to the following requirements:

 

(i) No policy shall be issued to insure employees of any employer whose eligibility to participate in the fund as an employer arises out of considerations directly related to the employer being a commercial correspondent or business client or patron of another employer, except if the other employer exercises substantial control over the business operations of the participating employers;

 

(ii) All employees of the employers, members of the unions or organizations, or any classes of the employers, union members or organization members are eligible for insurance under the terms of the policy;

 

(iii) The policy may define "employees" to include:

 

(A) Retired or former employees;

 

(B) The individual proprietor or partners, if an employer is an individual proprietor or a partnership;

 

(C) The trustees, trustees' employees, or both, if their duties are principally connected with the trusteeship;

 

(D) Employees of one (1) or more subsidiary corporations and the employees, individual proprietors and partners of one (1) or more affiliated corporations, proprietorships or partnerships if the business of the employer and of the affiliated corporations, proprietorships or partnerships is under common control;

 

(E) Directors of a corporate employer.

 

(iv) Repealed by Laws 1990, ch. 3, 3.

 

(v) Policy premiums shall be paid by the trustees subject to the following requirements:

 

(A) Repealed by Laws 1990, ch. 3, 2, 3.

 

(B) Repealed by Laws 1990, ch. 3, 3.

 

(C) If the covered person does not pay any part of the premium for his insurance, the policy shall insure all eligible persons, except those who reject the coverage in writing and those who do not present evidence of individual insurability satisfactory to the insurer.

 

(vi) Repealed by Laws 1990, ch. 3, 3.

 

(vii) Repealed by Laws 1990, ch. 3, 3.

 

26-17-107. Repealed by Laws 1990, ch. 3, 3.

 

26-17-108. Dependents' coverage.

 

 

(a) Insurance under any group life insurance policy issued pursuant to W.S. 26-17-103, 26-17-105, 26-17-106, 26-17-109, 26-17-127 or 26-17-128 may be extended to insure the employees or members or any class of employees or members against loss due to the death of their spouses and dependent children:

 

(i) Repealed by Laws 1990, ch. 3, 2, 3.

 

(ii) If the employer or member does not pay any part of the premium for the spouse's or dependent child's coverage, the policy shall insure all eligible employees or members with respect to their spouses and dependent children or any class of employees or members except that an insurer may exclude or limit the coverage on any spouse or dependent child if evidence of individual insurability does not satisfy the insurer;

 

(iii) Repealed By Laws 2009, Ch. 93, 1.

 

(iv) Repealed by Laws 1990, ch. 3, 3.

 

(b) Repealed by Laws 1990, ch. 3, 3.

 

(c) Repealed by Laws 1990, ch. 3, 3.

 

(d) Repealed by Laws 1990, ch. 3, 3.

 

(e) Notwithstanding the provisions of W.S. 26-17-117, only one (1) certificate need be issued for each family unit if a statement concerning any dependent's coverage is included in the certificate.

 

26-17-109. Credit union group.

 

 

(a) The lives of a group of individuals may be insured under a policy issued to a credit union or a trustee or agent designated by two (2) or more credit unions, which credit union, trustee or agent is deemed the policyholder, to insure members of the credit union for the benefit of persons other than the credit union, trustee, agent or any of their officials, subject to the following requirements:

 

(i) All members or all of any class of members of the credit union are eligible for insurance under the terms of the policy;

 

(ii) Policy premiums shall be paid by the policyholder from the credit union's funds and shall insure all eligible members except that an insurer may exclude or limit the coverage on any member if evidence of individual insurability does not satisfy the insurer.

 

(A) Repealed by Laws 1990, ch. 3, 3.

 

(iv) Repealed by Laws 1990, ch. 3, 3.

 

(iii) Repealed by Laws 1990, ch. 3, 3.

 

(iv) Repealed by Laws 1990, ch. 3, 3.

 

26-17-110. Provisions required in group contracts; exceptions.

 

 

(a) No group life insurance policy shall be delivered in this state unless it contains provisions conforming in substance to the provisions set forth in W.S. 26-17-110 through 26-17-121 and 26-17-130 or provisions which in the commissioner's opinion are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder, except that:

 

(i) W.S. 26-17-116 through 26-17-120 and 26-17-130 do not apply to policies issued to a creditor to insure debtors of that creditor;

 

(ii) The standard provisions required for individual life insurance policies do not apply to group life insurance policies; and

 

(iii) If the group life insurance policy is on a plan of insurance other than the term plan, it shall contain a nonforfeiture provision which in the commissioner's opinion is equitable to the insured persons and to the policyholder, but nothing in this subsection requires that group life insurance policies contain the same nonforfeiture provisions as are required for individual life insurance policies.

 

26-17-111. Grace period.

 

The policyholder is entitled to a grace period of thirty-one (31) days for the payment of any premium due except the first. The death benefit coverage continues in force during the grace period, unless the policyholder gives the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder is liable to the insurer for the payment of a pro rata premium for the time the policy is in force during the grace period.

 

26-17-112. Incontestability.

 

The validity of the policy shall not be contested, except for nonpayment of premium, after it is in force for two (2) years from its date of issue. No statement made by any person insured under the policy relating to his insurability shall be used in contesting the validity of the insurance with respect to which the statement is made after the insurance is in force prior to the contest for a period of two (2) years during the person's lifetime nor unless it is contained in a written instrument he signs.

 

26-17-113. Application; statements are representations.

 

A copy of the policyholder's application, if any, shall be attached to the policy when issued and is a part of the contract. Any statements the policyholder or the persons insured make are representations and not warranties, and no statement any person insured makes shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to the person or, in the event of death or incapacity of the insured person, to his beneficiary or personal representative.

 

26-17-114. Evidence of insurability.

 

The policy shall set forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his coverage.

 

26-17-115. Misstatement of age.

 

 

(a) The policy shall specify:

 

(i) That an equitable adjustment of premiums or of benefits or both shall be made in case the age of a person insured is misstated; and

 

(ii) The method of adjustment to be used.

 

26-17-116. Payment of benefits.

 

(a) Any sum due by reason of the death of the person insured is payable to the beneficiary designated by the person insured, except that if the policy refers to family status and does not specify family members by name, the beneficiary may be the family member specified by status in the policy, subject to:

 

(i) The provisions of the policy as to all or any part of the sum in case there is no designated beneficiary living at the time of the insured's death; and

 

(ii) Any right the insurer reserved in the policy and set forth in the certificate to pay at its option a part of the sum not exceeding two thousand dollars ($2,000.00) to any person appearing to the insurer to be equitably entitled thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured.

 

(b) Payment of benefits shall be subject to the interest provisions of W.S. 26-16-112 and time requirements of W.S. 26-15-124, provided the interest provisions of W.S. 26-16-112 shall not apply to variable contracts which provide for insurance or annuity benefits which may vary according to the investment experience of any separate account or accounts maintained by the insurer as to such contract.

 

26-17-117. Certificate of policyholders.

 

The insurer shall issue to the policyholder for delivery to each person insured an individual certificate with statements describing the insurance protection to which he is entitled, to whom the insurance benefits are payable, any dependent's coverage included in the certificate, and the rights and conditions set forth in W.S. 26-17-118 through 26-17-120 and 26-17-130.

 

26-17-118. Conversion on termination of eligibility.

 

 

(a) If the insurance, or any portion of it, on a person or dependent of a person covered under the policy ceases because of termination of employment or of membership in any of the classes eligible for coverage under the policy, the insurer shall offer to issue to him, without evidence of insurability, an individual life insurance policy without disability or other supplementary benefits, provided:

 

(i) Application for the policy shall be made, and the first premium paid to the insurer, within thirty-one (31) days after termination;

 

(ii) The policy, at the person's option, shall be on any one (1) of the forms customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance;

 

(iii) The policy shall be in an amount not exceeding the amount of life insurance which ceases because of the termination less the amount of any life insurance for which the person is or becomes eligible under the same or any group policy within thirty-one (31) days after the termination, provided that any amount of insurance which matures on or before the date of such termination as an endowment payable to the person insured, whether in one (1) sum, in installments or in the form of an annuity, for the purposes of this provision, shall not be included in the amount which is considered to cease because of the termination; and

 

(iv) The premium on the individual policy shall be at the insurer's then customary rate applicable to the form and amount of the individual policy, to the class of risk to which the person then belongs and to his age attained on the effective date of the individual policy.

 

(b) Subject to the conditions set forth in subsection (a) of this section, the conversion privilege is available:

 

(i) To a surviving dependent, if any, at the death of the employee or member concerning the coverage under the group policy which terminates by reason of the death; and

 

(ii) To the dependent of the employee or member upon termination of the dependent's coverage if the employee or member remains insured under the group policy and if the dependent ceases to be a qualified family member under the group policy.

 

26-17-119. Conversion on termination of policy.

 

 

(a) If the group policy terminates or is amended to terminate the insurance of any class of insured persons, any person insured thereunder at the date of the termination whose insurance terminates, including the insured dependent of a covered person, which insured or insured dependent has been so insured for at least three (3) years prior to the termination date is entitled to have issued to him by the insurer an individual life insurance policy, subject to the same conditions provided by W.S. 26-17-118, except that the group policy shall provide that the amount of the individual policy is the amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he is or becomes eligible under any group policy issued or reinstated by the same or another insurer within thirty-one (31) days after the termination.

 

(i) Deleted by Laws 1990, ch. 3, 2.

 

(ii) Repealed by Laws 1990, ch. 3, 2, 3.

 

26-17-120. Death pending conversion.

 

If a person insured under the group policy, or the insured dependent of a covered person, dies during the period within which he would have been entitled to have an individual policy issued to him in accordance with W.S. 26-17-118 or 26-17-119 and before the individual policy is effective, the amount of life insurance which he would have been entitled to have issued under the individual policy is payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium has been made.

 

26-17-121. Information to debtor insured under creditor's policy.

 

A policy issued to a creditor to insure debtors of the creditor shall contain a provision that the insurer shall furnish to the policyholder for delivery to each debtor insured under the policy a form which shall contain a statement that the life of the debtor is insured under the policy and that any death benefit paid thereunder by reason of his death shall first be applied to reduce or extinguish the indebtedness.

 

26-17-122. Notice as to conversion right.

 

If any individual insured under a group life insurance policy delivered in this state is entitled under the policy to have an individual life insurance policy issued to him without evidence of insurability, subject to making of application and payment of the first premium within the period specified in the policy, and if the individual is not given notice of the existence of that right at least fifteen (15) days prior to the expiration date of the period, the individual has an additional period within which to exercise the right, but nothing in this section continues any insurance beyond the period provided in the policy. This additional period shall expire fifteen (15) days immediately after the individual is given the notice, but no additional period shall extend beyond sixty (60) days immediately after the expiration date of the period provided in the policy. Written notice presented to the individual or mailed by the policyholder or the insurer to the individual's last known address as furnished by the policyholder constitutes notice for the purpose of this section.

 

26-17-123. Readjustment of premiums.

 

Any group life insurance contract may provide for a readjustment of the premium rate based upon the experience thereunder.

 

26-17-124. Application of dividends; rate reductions.

 

If a policy dividend is declared or a rate reduction is made or continued for any year of insurance under any group life insurance policy issued to any policyholder, the excess, if any, of the aggregate dividends or rate reductions under the policy and all other group insurance policies of the policyholder over the aggregate expenditure for insurance under the policies made from funds contributed by the policyholder, or by an employer of insured persons, or by a union or association to which the insured persons belong, including expenditures made in connection with administration of the policies, shall be applied by the policyholder for the sole benefit of insured employees or members.

 

26-17-125. "Wholesale life insurance" defined.

 

 

(a) "Wholesale life insurance" means a plan of life insurance, other than salary savings life insurance or pension trust insurance and annuities, under which individual policies are issued:

 

(i) To the employees of any employer; and

 

(ii) On the lives of not less than four (4) employees at date of issue.

 

(b) Premiums for the policies shall be paid either wholly from the employer's funds, or funds the employer contributes, or partly from those funds and partly from funds the insured employees contribute.

 

26-17-126. Assignment of incidents of ownership under group life insurance policy.

 

 

(a) Subject to the terms of the policy, or pursuant to an agreement among the insured, the group policyholder and the insurer, any person insured under a group life insurance policy may assign to any person, other than the policyholder, any ownership or part thereof conferred on him by the policy or by the law, including specifically, but not limited to, the right to exercise the conversion privilege and the right to name a beneficiary.

 

(b) Any assignment by the insured is valid for the purpose of vesting in the assignee, in accordance with any provisions included therein as to the time at which it is effective, any ownership, rights, title and interest so assigned, but without prejudice to the insurer because of any payment it may make or individual policy it may issue prior to the receipt of notice of the assignment.

 

26-17-127. Additional groups.

 

(a) Group life insurance offered to a resident under a group life insurance policy issued to a group other than one described in W.S. 26-17-103 through 26-17-106 and 26-17-109 is subject to the following requirements:

 

(i) A group life insurance policy shall not be delivered in this state unless the commissioner finds that:

 

(A) The issuance of the group policy is not contrary to the best interest of the public;

 

(B) The issuance of the group policy would result in economies of acquisition or administration;

 

(C) The benefits are reasonable in relation to the premiums charged;

 

(D) The insurer possesses and maintains capital and surplus requirements provided by W.S. 26-3-108.

 

(ii) Group life insurance coverage shall not be offered in this state by an insurer under a policy issued in another state unless the commissioner determines the requirements of paragraph (i) of this subsection are met and the insurer files with the commissioner:

 

(A) A copy of the group master contract;

 

(B) A copy of the statute of the state where the group policy is issued that authorizes the issuance of the group policy;

 

(C) Evidence of approval of the group policy in the state where the group policy is issued; and

 

(D) Copies of all supportive material used by the insurer to secure approval of the group in the state where the group policy is issued.

 

(iii) If the commissioner fails to make the determination provided by paragraph (ii) of this subsection within forty-five (45) days of filing by the insurer of the documents required by paragraph (ii) of this subsection, the requirements of paragraph (i) of this subsection are deemed to be met;

 

(iv) An insurer may exclude or limit the coverage on any person if evidence of individual insurability does not satisfy the insurer.

 

26-17-128. Insurance for associations.

 

 

(a) The lives of a group of individuals may be insured under a policy issued to an association or a trust or the trustee of a fund established or adopted for the benefit of members of one (1) or more associations. The association shall have at the time the policy is first issued a minimum of fifty (50) persons eligible for insurance, shall have been organized and maintained in good faith for purposes other than that of obtaining insurance, shall have been in active existence for at least one (1) year and shall have a constitution and bylaws which provide that:

 

(i) The association holds regular meetings not less than annually to further the members' purposes;

 

(ii) Except for credit unions, the association collects dues or solicits contributions from members; and

 

(iii) The members have voting privileges and representation on the governing board and committees.

 

(b) The policy allowed by subsection (a) of this section is subject to the following requirements:

 

(i) The policy may insure one (1) or more of the following or all of any class of the following for the benefit of persons other than the employee's employer:

 

(A) Members of the association;

 

(B) Employees of the association; or

 

(C) Employees of members.

 

(ii) If the covered person does not pay any part of the premium for his insurance, the policy shall insure all eligible persons, except those who reject the coverage in writing and except as provided in paragraph (iii) of this subsection; and

 

(iii) An insurer may exclude or limit the coverage on any person if evidence of individual insurability does not satisfy the insurer.

 

26-17-129. Notice of compensation.

 

 

(a) The insurer shall distribute to prospective insureds a written notice that compensation shall or may be paid for a program of insurance which if issued on a group basis would qualify under W.S. 26-17-127 or 26-17-128, if compensation of any kind shall or may be paid to:

 

(i) A policyholder or sponsoring or endorsing entity in the case of a group policy; or

 

(ii) A sponsoring or endorsing entity in the case of individual, blanket or franchise policies marketed by means of direct response solicitation.

 

(b) Notice required by this section shall be distributed:

 

(i) Whether compensation is direct or indirect; and

 

(ii) Whether compensation is:

 

(A) Paid to or retained by the policyholder or sponsoring or endorsing entity; or

 

(B) Paid to or retained by a third party at the direction of the policyholder, sponsoring or endorsing entity or any entity affiliated by way of ownership, contract or employment.

 

(c) The notice required by this section shall be placed on or accompany any application or enrollment form provided to prospective insureds.

 

(d) As used in this section:

 

(i) "Direct response solicitation" means a solicitation through a sponsoring or endorsing entity by the mails, telephone or other mass communications media; and

 

(ii) "Sponsoring or endorsing entity" means an organization which has arranged for the offering of a program of insurance in a manner which communicates that eligibility for participation in the program is dependent upon affiliation with the organization or that it encourages participation in the program.

 

26-17-130. Continuation during disability.

 

 

(a) Where active employment is a condition of insurance, the group policy shall contain a provision that an insured may continue coverage during the insured's total disability as provided in this subsection by timely payment to the policyholder of that portion, if any, of the premium that would have been required from the insured had total disability not occurred. The continuation shall be on a premium paying basis for a period not beyond the earlier of:

 

(i) Six (6) months from the date on which the total disability started;

 

(ii) Approval by the insurer of continuation of the coverage under any disability provision contained in the group insurance policy; or

 

(iii) The discontinuance of the group insurance policy.