SF0170 - Real estate agents-errors and omissions insurance-2.
2001 |
State of Wyoming |
01LSO-0617 |
SENATE FILE NO. SF0170
Real estate agents-errors and omissions insurance-2.
Sponsored by: Senator(s) Miller, C. and Representative(s)
Morgan
A BILL
for
1 AN ACT relating to real
estate brokers and salesmen;
2 requiring
real estate brokers, associate brokers and
3
salesmen to submit proof of errors and omissions insurance;
4
providing for exceptions; authorizing rulemaking; and
5
providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S. 33-28-401 through 33-28-412 are
10 created to read:
11
12 33-28-401. Definition of term.
13
14 (a) As used in this article:
15
Page 1
1 (i) The
definitions provided under W.S.
2 33-28-102
are applicable unless otherwise specified;
3
4 (ii) "Qualified
insurance carrier" means an
5
insurance carrier which maintains an A.M. Best Company
6
rating of B+ or better and an A.M. Best financial size
7
category of class VI or higher and is and will remain, for
8 the
policy term, authorized by the department of insurance
9 to
do business in this state as an errors and omissions
10 insurance carrier of the type contemplated
by this article.
11
12 33-28-402. Insurance required.
13
14 An applicant for issuance of a real estate license under
15 W.S. 33-28-106 on active status, a licensee
renewing a
16 license or an inactive licensee activating a
license under
17 W.S. 33-28-118, shall submit proof of
insurance coverage
18 through the group plan or through
certification of optional
19 coverage.
20
21 33-28-403. Minimum standards.
22
23 (a) The group
policy obtained by the commission shall
24 cover all activities contemplated by W.S. 33-28-102(a)(iii)
Page 2
1 and
shall provide, at a minimum, the following terms and
2
conditions:
3
4 (i) Not less
than one hundred thousand dollars
5
($100,000.00) single-limit liability coverage for each
6
licensee per occurrence or claim made, not including costs
7 for
investigation or defense;
8
9 (ii) An annual
aggregate limit of not less than
10 five hundred thousand dollars ($500,000.00)
per licensee;
11
12 (iii) A
deductible amount of not greater than
13 one percent (1%) of the total single limit
liability
14 coverage amount for each occurrence and a
like deductible
15 amount for defense and investigation;
16
17 (iv) Coverage
for the vicarious liability for
18 current or previously employed or contracted
individuals;
19
20 (v) An extended
reporting provision of ninety
21 (90) days and an option to purchase an
additional three (3)
22 years extended reporting provision for a
premium not to
23 exceed two hundred percent (200%) of the
premium charged
24 for the last year of the terminating
coverage;
Page 3
1
2 (vi) Coverage
under this section for covered
3
acts in any state, United States territory or Canada in
4
which a covered individual, domiciled in Wyoming, holds a
5
license; and
6
7 (vii) Stacking of benefits.
8
9 (b) The minimum
coverage applies to each individual
10 licensee.
11
12 33-28-404. Exceptions to coverage.
13
14 (a) Except as
provided in this section, coverage may
15 not exclude claims brought against the
insured licensee
16 arising out of an act or failure to act by
the licensee
17 when performing a professional service for
which a license
18 is required. Coverage may limit or exclude
claims brought
19 against a licensee which arise as follow:
20
21 (i) Out of
claims or suits made or brought by
22 any insured person against any other insured
person within
23 the same firm or from compensation disputes
between
24 licensees;
Page 4
1
2 (ii) Out of loss
assumed under contract or
3
agreement, except for liability the insured would have had
4 in
the absence of such agreements;
5
6 (iii) From any
criminal, dishonest, fraudulent
7 or
willful act or omission. This exclusion shall not apply
8 to
any insured person who did not personally participate in
9
committing such an act or omission and who, upon having
10 knowledge of the act or omission, reported
it;
11
12 (iv) From
unlawful discrimination committed by
13 or for the insured person;
14
15 (v) From fines or penalties imposed by law;
16
17 (vi) From
failure to maintain any type or amount
18 of insurance for managed property;
19
20 (vii) From bodily
injury, personal injury,
21 advertising injury or property damage;
22
23 (viii) From
management or sale of property in
24 which the insured or spouse has more than a
ten percent
Page 5
1
(10%) financial or ownership interest. This exclusion shall
2 not
apply for one (1) year from the date a property is
3
acquired under a guaranteed sale listing contract if the
4
property is listed for sale during that entire period;
5
6 (ix) From
related business activities for which
7 a
license is not required under this chapter;
8
9 (x) From any
violation of the Securities Act of
10 1933 as amended through July 1, 2001, or the
Securities
11 Exchange Act of 1934 as amended through July
1, 2001, or
12 any state blue sky or securities law or
similar state or
13 federal statutes;
14
15 (xi) From
involvement in any real estate
16 investment contract or syndication as a
partner, joint
17 venturer or underwriter;
18
19 (xii) From
hazardous materials, nuclear
20 materials or pollutants;
21
22 (xiii) From prior wrongful act; or
23
24 (xiv) Standard exclusions.
Page 6
1
2 33-28-405. Group policy approval requirements.
3
4 Any group policy to be
issued shall conform to the
5
standards and practices of the insurance industry and be
6
approved by the department of insurance.
7
8 33-28-406. Optional coverage.
9
10 An active licensee who chooses the option of obtaining
11 errors and omissions insurance independently
from a
12 provider other than the group carrier under
contract with
13 the commission shall show evidence of
coverage by providing
14 certification of coverage on a form prescribed
by the
15 commission. The form shall show proof that
the licensee has
16 coverage in compliance with the minimum
standards
17 established by W.S. 33-28-407. The form
shall be signed by
18 an authorized representative of the
insurance company, and
19 shall contain a cancellation notification
clause as
20 required by W.S. 33-28-409.
21
22 33-28-407. Standards for optional coverage.
23
Page 7
1 (a) An insurer
issuing insurance coverage under this
2
article shall be an admitted carrier in Wyoming or in the
3
state in which the licensee being certified resides.
4
5 (b) The
insurance shall provide, at a minimum, not
6
less than one hundred thousand dollars ($100,000.00) single
7
limit liability coverage for each licensee for each
8
occurrence or claim made, not including the cost of
9
investigation or defense and an annual aggregate of five
10 hundred thousand dollars ($500,000.00) for
each licensee,
11 not including the cost of investigation and
defense. A
12 responsible broker may comply with this
requirement by
13 certifying coverages of a minimum of five
hundred thousand
14 dollars ($500,000.00) for each occurrence or
claim made and
15 one million dollars ($1,000,000.00) annual
aggregate, if
16 all licensees associated with the broker are
covered.
17
18 (c) A person
who resides in and is licensed in a
19 state that has a mandated program of errors
and omissions
20 insurance and who is also licensed in
Wyoming meets the
21 requirements for errors and omissions
insurance in Wyoming
22 upon providing proof that the person meets
the requirements
23 of the person's state of residence.
24
Page 8
1 33-28-408. Time for filing of
certification of
2 optional coverage.
3
4 Certification of optional
coverage shall be filed with the
5
commission by 5:00 p.m. on the date of expiration of
6
coverage. If the certification is not filed on time, the
7
commission shall place the license on inactive status on
8
that date.
9
10 33-28-409. Notification required for cancellation.
11
12 If insurance under equivalent coverage is to be lapsed or
13 nonrenewed, the providing company shall
notify the
14 commission of its intent to lapse or
nonrenew a minimum of
15 thirty (30) days before the expiration date
of the term.
16
17 33-28-410. Proof of insurance required
to reactivate
18 license.
19
20 A licensee whose license has been placed on inactive status
21 for failure to provide proof of insurance
shall not conduct
22 any activities for which a license is
required until proof
23 of insurance has been provided to the
commission and the
Page 9
1 license has been
activated. The license shall be considered
2
active as of the effective date of the insurance.
3
4 33-28-411. Authenticity of coverage.
5
6 A licensee shall not
willfully or knowingly cause or allow
7 a
certificate of coverage to be filed with the commission
8
which is false, fraudulent or misleading.
9
10 33-28-412. Errors and omissions
coverage not required
11 if premium limit unobtainable.
12
13 If the commission is unable to obtain errors and omissions
14 insurance coverage to insure all licensees
who choose to
15 participate in the group program at a
reasonable premium
16 not to exceed one hundred dollars ($100.00),
the errors and
17 omissions insurance requirement of this
article shall not
18 apply during the year for which coverage
cannot be
19 obtained.
20
21 Section 2. This act is effective July 1, 2001.
22
23 (END)
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