Free Property Casualty Basics Study Guide

Wyoming Personal Lines exam — Property Casualty Basics.

The national basics guides cover the core P&C concepts: insurable interest, indemnity, negligence, actual cash value and replacement cost, and policy conditions. This guide collects the Wyoming rules that apply across property and casualty lines:

  • the comparative fault rule
  • insurable interest
  • cancellation, nonrenewal and renewal under Wyo. Stat. 26-35
  • binders
  • claim payment
  • the guaranty association

Auto rules are in the Wyoming Personal Auto Policy guide. Surplus lines is in the Wyoming Other Casualty guide.

Comparative fault (Wyo. Stat. 1-1-109)

A claimant recovers if their fault is not more than 50% of the total fault of all actors, with damages reduced by their share. A claimant over 50% at fault recovers nothing.

Insurable interest (26-15-104)

  • Property insurance is enforceable only for someone with an insurable interest at the time of the loss.
  • An insurable interest is any actual, lawful and substantial economic interest in the property. It is measured by how much the insured could be harmed by the loss.
  • A mortgagee or other holder of the original policy gives the owner a duplicate or memorandum of it (26-15-120).

Kinds of insurance (Title 26, ch. 5)

  • Property insurance covers loss to property from any cause, plus consequential loss. It doesn't include title insurance (26-5-104).
  • Casualty includes:
    • employers' liability for employee injuries
    • professional liability (malpractice)
    • boiler and machinery (26-5-106)
  • Marine and transportation includes bridges and tunnels (26-5-107).
  • A multiple-line insurer may write any kind of insurance except title, and generally except life and annuities (26-5-108).
  • Crop insurance includes multi-peril crop and revenue protection, and is part of the property line.

Cancellation, nonrenewal and renewal (Wyo. Stat. 26-35)

The article covers all property and casualty insurance except binders. Auto policies also follow Rule Ch. 14.

Midterm cancellation (26-35-202) after the policy's first 60 days, unless it is a renewal, is allowed only for:

  • nonpayment of premium
  • material misrepresentation
  • a substantial change in the risk
  • a substantial breach of contractual duties, conditions or warranties
Notice Days
Cancellation for nonpayment 10, with the precise reason
Cancellation for other reasons 45
Nonrenewal (26-35-203) 45 (90 for health care malpractice), with the precise reason
Renewal terms and premium (26-35-204) 45 before expiration (90 for health care malpractice)

Other rules:

  • Notices go to the insured and the agent, by hand or by mail. Mailing is proof of notice (26-35-101).
  • An insurer that cancels refunds unearned premium before the cancellation (26-35-102).
  • A mass midterm cancellation of a line is presumed unfair and is unlawful (26-35-103(b)).
  • A guaranteed annual premium can't be raised during a multi-year policy (26-35-103(c)).
  • If the insured cancels after receiving renewal terms, earned premium is figured pro rata on the old premium.
  • A transfer to an affiliate from a merger or restructuring, with the same or broader coverage, needs no cancellation notice (26-35-106).

Binders (26-15-119)

  • Binders may be oral or written and include the policy's usual terms.
  • A binder lasts until the policy issues or 90 days, whichever is shorter, unless the Commissioner approves longer.

Claims (26-15-124 to 26-15-134)

  • P&C claims are paid or rejected within 45 days after the claim and supporting bills are received. An unreasonable refusal can bring attorney fees and 10% interest.
  • On written request, the insurer furnishes proof of loss forms. Doing so doesn't make it responsible for how they are filled in (26-15-126).
  • Investigating a loss or negotiating a settlement doesn't waive any policy provision or defense (26-15-128).
  • Suit against an insurer is brought in the county where the claim arose or where the policyholder lives (26-15-134).
  • Unfair claim practices are covered in the Wyoming Insurance Regulation guide.

Wyoming Insurance Guaranty Association (26-31)

  • Limits:
    • $300,000 per claim
    • unearned premium up to $7,500 per policy
    • workers compensation claims paid in full
  • Not covered: life, title, surety, disability, credit, mortgage guaranty, ocean marine, and punitive damages.
  • The claimant or insured must be a Wyoming resident at the time of the event, or the property must be permanently located in Wyoming.
  • Claims arising within 30 days after the insolvency determination are covered.
  • Payments go to the claimant or insured, not the insurer or its agent.
  • Member assessments are capped at 1% of premium.

Common exam traps

  • Wyoming bars recovery only when the claimant's fault is more than 50%.
  • Property insurable interest is required at the time of loss.
  • P&C cancellation is 10 days for nonpayment and 45 days otherwise. Nonrenewal is 45 days, or 90 for health care malpractice.
  • Notices go to both the insured and the agent.
  • A binder lasts up to 90 days.
  • Claims are paid or denied within 45 days.
  • Guaranty coverage is $300,000 per claim, with $7,500 for unearned premium.

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Practice questions are study aids generated for exam preparation and are not actual exam questions. Content is provided for educational purposes and is not legal advice. Verify current statutes, rules, and exam specifications with the Insurance Department and the exam administrator before relying on it.