Chapter 10 - Uninsured Motor Vehicle Coverage
CHAPTER 10 - UNINSURED MOTOR VEHICLE COVERAGE
31-10-101. Required coverage; rejection.
Nopolicy insuring against loss resulting from liability imposed by law for bodilyinjury or death suffered by any natural person arising out of the ownership,maintenance or use of a motor vehicle shall be delivered or issued for deliveryin this state with respect to any motor vehicle registered or principallygaraged in this state unless coverage is provided therein or supplementalthereto, in limits for bodily injury or death as provided by W.S.31-9-102(a)(xi), under provisions approved by the insurance commissioner forthe protection of persons insured thereunder or legally entitled to recoverdamages from owners or operators of uninsured motor vehicles because of bodilyinjury, sickness or disease, including death resulting therefrom. The namedinsured may reject the coverage. Unless the named insured requests the coveragein writing, the coverage need not be provided in or supplemental to a renewalpolicy where the named insured had rejected the coverage in connection with thepolicy previously issued to him by the same insurer.
31-10-102. Scope of term "uninsured motor vehicle".
Forthe purpose of coverage under W.S. 31-10-101, the term "uninsured motorvehicle", subject to the terms and conditions of the coverage, includes aninsured motor vehicle where the liability insurer thereof is unable to makepayment with respect to the legal liability of its insured within the limitsspecified therein because of insolvency.
31-10-103. Insolvency protection.
Theinsolvency protection afforded by W.S. 31-10-102 is applicable only toaccidents occurring during the policy period in which the uninsured motorvehicle coverage is in effect. Any insurer may provide insolvency protectionunder terms and conditions more favorable to its insureds than is providedunder W.S. 31-10-101 through 31-10-104.
31-10-104. Subrogation.
Inthe event of payment to an insured under the coverage required by W.S.31-10-101 through 31-10-104 and subject to the terms and conditions of thecoverage, the insurer making the payments is entitled to the proceeds of anysettlement or judgment resulting from the exercise of any rights of recovery ofthe insured against any person or organization legally responsible for thebodily injury or death for which the payment is made, including the proceedsrecoverable from the assets of the insolvent insurer. Whenever an insurer makespayment under the coverage required by this section which is occasioned by aninsolvency, the insurer's right of recovery or reimbursement shall not includeany rights against the insured of the insolvent insurer, but the paying insurermay proceed directly against the insolvent insurer or its receiver, and inpursuance of this right the paying insurer shall possess any rights which theinsured of the insolvent company might otherwise have had, if the insured of theinsolvent insurer had personally made payment.