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25LSO-0206
2025
STATE OF WYOMING
25LSO-0206
Numbered
2.0
HOUSE BILL NO. HB0071
Insurance fraud reporting.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
AN ACT relating to the insurance code; requiring the reporting of insurance fraud; requiring cooperation in investigations of insurance fraud; providing immunity from civil liability for reporting and cooperating in investigations of insurance fraud; providing a definition; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 26
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13
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401 through 26
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13
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404 are created to read:
ARTICLE 4
INSURANCE FRAUD REPORTING
26
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401.
Definitions.
(a)
As used in this article:
(i)
"Insurance fraud" means an act or omission committed by a person who knowingly and with intent to defraud commits or conceals any material information by presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, a broker or its agent false information as part of, in support of or concerning a fact material to one (1) or more of the following:
(A)
An application for the issuance of, or the rating of, an insurance policy for personal or commercial insurance;
(B)
A claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance that the person knows to contain materially false information concerning any fact material thereto or conceals, for the purpose of misleading, information concerning any fact material thereto.
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402.
Requirement to report insurance fraud.
A person who engages in or conducts the business of insurance in this state who knows or has reason to believe that insurance fraud is being, will be or has been committed by another person shall report the insurance fraud or suspected insurance fraud to the commissioner in the manner prescribed by rule of the commissioner not later than sixty (60) days after discovering the insurance fraud or suspected insurance fraud.
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13
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403.
Requirement to fully cooperate with investigations of insurance fraud.
A person who engages in or conducts the business of insurance in this state shall fully cooperate with the commissioner in any investigation of insurance fraud or suspected insurance fraud by providing the commissioner the information required by and in the manner prescribed by the commissioner, subject to all confidentiality requirements that would otherwise apply to the information under law.
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404.
Immunity from civil liability.
In the absence of malice, a person who engages in or conducts the business of insurance in this state shall not be subject to civil liability for reporting insurance fraud or suspected insurance fraud to the commissioner pursuant to W.S. 26
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402 or for cooperating with the commissioner in any investigation of insurance fraud or suspected insurance fraud pursuant to W.S. 26
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403. Nothing in this section shall be construed to limit a person's immunity from liability under W.S. 26
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2
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131(b).
Section 2.
The department of insurance shall promulgate all rules necessary to implement this act.
Section 3
.
(a)
Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2025.
(b)
Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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HB0071