Wyoming Administrative Code
Agency 044 - Insurance Dept
Sub-Agency 0002 - General Agency, Board or Commission Rules
Chapter 52 - CREDIT LIFE AND DISABILITY INSURANCE
Section 52-10 - Experience Dividends, Experience Refunds and Commissions
Current through September 21, 2024
No experience dividend or refund shall be paid to any agent of the insurer, directly or indirectly, in lieu of or in addition to a lawful agent's commission. Nothing herein shall prohibit the payment of an experience dividend or refund to persons from whom premium is ultimately derived in accordance with W.S. 26-13-111, W.S. W.S. W.S. 26-17-124 and W.S. W.S. W.S. 26-19-105.
No insurer shall pay compensation, either directly or indirectly, in excess of thirty percent (30%) of the net written prima facie premium to any creditor agent, nor in excess of seven and one-half percent (7 V2%) of the net written prima facie premium to any general agent. Prima facie premium means premium using the premium rates set forth in Section 6 of this regulation or actuarially consistent premium rates for plans not described in Section 6.
Compensation, as used in this regulation, means any valuable consideration, in whatever form, direct or indirect, paid by or on behalf of any insurer or any person to any other person directly or indirectly benefitting a creditor, creditor agent or general agent as a result of or having any connection to any credit transaction excluding dividends or the share of profits earned by any person other than the creditor or general agent of an insurer on account of that person's ownership interest in an insurer which has assumed any credit life or disability risks from another insurer pursuant to a reinsurance agreement.
In order to assist in the enforcement of this rule, any licensed agent and an officer of any insurer writing credit life or credit disability insurance in this state shall on January 1, 1990, and on the same date of each year thereafter, file with the Commissioner a notarized affidavit stating whether or not the insurer or agent has paid or received compensation in excess of the limits set forth herein.
In the event the rates charged by an insurer are higher than the rates specified in Section 6 of these rules, the aggregate monetary amount of all compensation to any person shall not exceed that which would have been payable had the rates set forth in said Section 6 been charged.
In all cases where an insurer has assumed credit life and disability risks from another insurer pursuant to a reinsurance agreement:
(a) The offer or grant by an insurer to a creditor of any special favor or advantage not set out in the insurance contract other than the payment of agents' commissions is prohibited.
(b) No insurer shall reinsure any Wyoming risks with any insurer who is not authorized to transact insurance in one or more states and having surplus to policyholders in an amount not less than the paid in capital stock and surplus required under W.S. W.S. W.S. 26-3-108.
(c) In addition to the statistical experience data required in the annual report, each insurer shall submit complete copies of all reinsurance treaties or contracts covering Wyoming risks as well as information showing how much reinsurance is in force on each Wyoming risk and in what company.
