Insurers' use of accident information.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0189

SENATE FILE
NO.
SF0016

Insure
rs' use of accident information
.

Sponsored by:
Senator(s) Johnson

A BILL

for

AN ACT
relating to insurance;
prohibit
ing
insurers from adjusting
personal automobile policy
rating
s
,
premiums and nonrenewals
based on
certain
accidents
;
specifying applicability;
and providing for an effective date
.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1
.
W.S. 26
‑
14
‑
105
(b)(i)

and by creating a new
subsection (d) is
amended
to read:

26
‑
14
‑
105.

Rating standards; methods
.

(
b)

Risks may be classified in any way except that no risk may be classified in whole or in part on the basis of race, color, creed or national origin.

In determining whether rates in a noncompetitive market are excessive, inadequate or unfairly discriminatory, consideration may be given to the following elements:

(i)

Basic Rate Factors. - Consideration may be given to past and prospective loss and expense experience within and outside of this state, to catastrophe hazards and contingencies, to events or trends within and outside of this state, to dividends or savings to policyholders, members or subscribers and to all other factors and judgments deemed relevant by the insurer
, except as otherwise prohibited in this
code
;

(d)

No
insurer shall for any
private passenger automobile liability or collision insurance classify risk, esta
blish or adjust premiums, or
cancel or nonrenew
the policy

based on any event causing personal or property damage for which the insured never filed any claim and as the result of which the insurer made no payment. Nothing in this subsection prohibits an insurer from classifying risks, establishing or adjusting premiums or
canceling
or nonrenewing any such policy based upon a violation of law
,
unless
such action is
otherwise prohibited by law.

Section 2.

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 3
.
This act is effective July 1, 2008.

(END)

1
SF0016