Wyoming annuity protection at a glance
- Annuity-specific limit
- $250,000
- Present value of covered annuity benefits, including eligible net cash surrender and withdrawal values
- Overall benefit cap
- $500,000
- The Association generally cannot cover more than $500,000 in aggregate benefits with respect to one life, regardless of the number of covered policies or contracts.
- Who provides protection
- Wyoming Life and Health Insurance Guaranty Association
- The Association may provide assistance while a member insurer is impaired and has broader statutory duties once a court enters a liquidation order with a finding of insolvency.
- Insurer requirement
- Member insurer
- The issuing insurer must qualify as a Wyoming member insurer, and the policy or contract must fall within a type of coverage protected by Chapter 42.
How the $250,000 limit works
Wyoming’s annuity-specific limit is $250,000 in present value. The separate $500,000 aggregate does not increase that annuity-specific limit.
Multiple covered annuity contracts with the same impaired or insolvent member insurer generally share one $250,000 annuity limit with respect to the same life.
Coverage is generally evaluated separately for each impaired or insolvent member insurer using the residency and eligibility rules applicable to that proceeding.
The Association generally cannot cover more than $500,000 in aggregate benefits with respect to one life, regardless of the number of covered policies or contracts.
- A qualifying structured-settlement payee, or beneficiary of a deceased payee, may receive up to $250,000 in present-value annuity benefits. Rights acquired through a structured-settlement factoring transaction are excluded.
A $300,000 annuity example
Assume a Wyoming resident owns an eligible fixed annuity with a covered present value of $300,000 when the member insurer fails, with no other covered benefits affecting the aggregate limit.
Illustrative covered annuity value
$300,000
Maximum illustrated annuity protection
$250,000
Illustrative amount above the annuity limit
$50,000
In this example, up to $250,000 falls within the annuity-specific guaranty limit. The separate $500,000 aggregate does not increase the annuity-specific protection, so the remaining $50,000 may remain a claim against the insurer’s receivership estate.
This example illustrates only the annuity-specific limit and assumes that the insurer, claimant, contract, and residency requirements are satisfied.
Which annuities are covered?
Fixed annuity
Generally coveredFixed annuities are generally covered up to Wyoming’s applicable annuity limit when the insurer, claimant, and contract satisfy the statutory eligibility requirements.
Fixed indexed annuity (FIA)
Generally coveredFIAs are generally covered, although certain nonguaranteed, excess, uncredited, or forfeitable index-linked amounts may be excluded. When index-linked value is credited less frequently than annually, Wyoming treats the earlier impairment or insolvency date as the contractual crediting date for determining credited, nonforfeitable value.
Multi-year guaranteed annuity (MYGA)
Generally coveredMYGAs are generally treated as fixed deferred annuities and are subject to Wyoming’s $250,000 annuity limit and statutory interest-rate restrictions.
Variable annuity
Guaranteed portions may be coveredOnly insurer-guaranteed benefits may qualify; investment gains or losses borne by the contract owner through a separate account are generally excluded.
Registered index-linked annuity (RILA)
Contract-specificFor a RILA, only insurer-guaranteed obligations may qualify; portions where the contract owner bears market or index risk are generally excluded.
Unallocated annuity contract
Generally excludedUnallocated annuity contracts are generally excluded, except to the extent specific annuity benefits are guaranteed to an individual under the contract or certificate.
Who may qualify?
- Residency is generally determined on the date of the court order that determines the member insurer to be impaired or insolvent.
- The ordinary annuity limit is stated with respect to one life, while a qualifying structured-settlement payee or beneficiary has a separate $250,000 present-value limit.
- A nonresident may qualify in limited circumstances when the failed insurer is Wyoming-domiciled, the person’s state of residence has a similar guaranty association, and the person is not eligible there because the insurer or HMO lacked the required license or authority.
- Wyoming’s interstate coordination rules generally look first to the guaranty association in the person’s state of residence and are designed to avoid duplicate coverage.
- The issuing insurer must qualify as a Wyoming member insurer, and the policy or contract must fall within a type of coverage protected by Chapter 42.
What is not covered?
- Unallocated annuity contracts are generally excluded, except to the extent specific annuity benefits are guaranteed to an individual.
- An annuity contract or group annuity certificate issued by a nonprofit insurance company exclusively for the benefit of nonprofit educational institutions and their employees for retirement purposes is excluded.
- Structured-settlement payment rights transferred through a structured-settlement factoring transaction are excluded, while an otherwise eligible original payee or beneficiary may qualify under the separate structured-settlement rules.
- Nonguaranteed benefits, portions where the contract owner bears the investment risk, interest or crediting above Wyoming’s statutory limits, and certain uncredited or forfeitable index-linked amounts may be excluded. Special treatment applies when index-linked value is credited less frequently than annually.
- The Association generally does not cover claims based on marketing materials, misrepresentations, unapproved side letters or riders, extra-contractual claims including bad-faith claims, punitive or exemplary damages, attorney fees and costs, penalties, or consequential or incidental damages.
- Wyoming coordinates its coverage with other state guaranty associations so that an eligible person generally receives protection from only one association and duplicate recovery is avoided.
- A policy or contract issued in Wyoming at a time when the member insurer was not licensed or did not hold the required certificate of authority to issue that coverage is excluded.
- Dividends, experience-rating credits, voting rights, and certain fees or allowances connected with servicing or administering a policy or contract are not covered obligations.
- Self-funded or uninsured employer or association benefit arrangements, including specified MEWAs, minimum-premium plans, stop-loss plans, and administrative-services-only arrangements, are excluded to the extent the employer or association bears the obligation.
- Certain contractual agreements that guarantee book-value accounting treatment for defined-contribution plan participants by reference to plan-owned assets are excluded.
- Policies or contracts providing hospital, medical, prescription-drug, or other health benefits under Medicare Part C, Medicare Part D, or Medicaid are excluded from Association coverage.
What happens after an insurer fails?
A rehabilitation or conservation order establishes impairment; a liquidation order with a finding of insolvency establishes insolvency
The first applicable court order determines residency. A rehabilitation or conservation order may establish impairment before any later liquidation order.
Eligibility and covered benefits are reviewed
The Association reviews insurer membership, claimant eligibility, residency, contract guarantees, statutory exclusions, and any special structured-settlement or unallocated-annuity rules that apply.
The Association’s role depends on whether the insurer is impaired or insolvent
While a member insurer is impaired, the Association may guarantee, assume, reissue, reinsure, or financially support covered contracts. Once the insurer becomes insolvent, the Association has broader mandatory responsibilities under Wyoming law.
Coverage limits are applied and covered obligations are addressed
The applicable annuity or structured-settlement limit, statutory exclusions, and $500,000 aggregate are applied. Amounts above guaranty protection may remain claims against the failed insurer’s receivership estate.
How the guaranty system is financed
The Association is funded through statutory assessments of member insurers as needed. Class A assessments generally fund administrative and legal expenses, while Class B assessments fund obligations related to specific impaired or insolvent member insurers.
- Assessment allocation
- Member insurers
- Class B assessments are allocated among member insurers based on Wyoming premiums for business covered by the applicable account during the three most recent calendar years for which information is available preceding the year of impairment or insolvency. If assessments are authorized in the same calendar year for insurers that became impaired or insolvent in different years, Wyoming uses the higher applicable three-year average premium base when applying the annual assessment limit.
- Annual assessment cap
- 2%
- Annual assessment cap — 2%. For each account, a member insurer generally cannot be assessed more than 2% in a calendar year of its average annual Wyoming premiums on covered policies and contracts during the three calendar years preceding the year of impairment or insolvency. If assessments are authorized in the same calendar year for insurers that became impaired or insolvent in different years, Wyoming uses the higher applicable three-year average premium base when applying the annual assessment limit.
- Premium-tax offset
- 10% per year for 10 years
- Premium-tax offset — 10% per year for 10 years. A qualifying non-Class-A assessment may generally offset Wyoming premium-tax liability at 10% of the assessment in each of the 10 calendar years following the year of payment. If a member insurer ceases doing business, remaining uncredited assessments may be used in that final year.
- Wyoming-specific limits and prospective application
- Wyoming applies separate $250,000 limits to ordinary annuity benefits and qualifying structured-settlement benefits, subject to a $500,000 aggregate with respect to one life. The statutory limits describe maximum Association benefits before coordination with assets attributable to covered policies and the Association’s subrogation or assignment rights. The Association is a nonprofit legal entity created by statute and supervised by the Insurance Commissioner. The current Act generally applies to member insurers placed under a liquidation order with a finding of insolvency on or after July 1, 2014; the 2019 amendments do not apply to member insurers placed into liquidation with a finding of insolvency before July 1, 2019.
What to know before buying
- For existing coverage, remember that the $250,000 annuity-specific limit operates within a separate $500,000 per-life aggregate across applicable benefit categories.
- Wyoming prohibits using the existence of the Guaranty Association for sales, solicitation, or inducement. Member insurers must deliver the approved guaranty-association summary and disclaimer before or at delivery of a covered policy or contract. The notice warns that coverage may be unavailable or substantially limited, may depend on continued Wyoming residence, and should not be relied on when selecting an insurer or HMO.
How state protection differs from FDIC insurance
- What it covers
- State protection: The Wyoming Life and Health Insurance Guaranty Association provides statutory protection for covered obligations of impaired or insolvent member insurers.
- FDIC: The FDIC protects eligible bank deposits when an insured depository institution fails.
- What system stands behind it
- State protection: The Wyoming Life and Health Insurance Guaranty Association is a nonprofit legal entity funded primarily through assessments of member insurers and supervised by the Insurance Commissioner.
- FDIC: FDIC deposit insurance is funded through assessments on insured depository institutions and is backed by the full faith and credit of the U.S. government.
- Coverage-limit basis
- State protection: Wyoming generally limits covered annuity benefits to $250,000 in present value with respect to one life, subject to the separate $500,000 aggregate.
- FDIC: Federal deposit-insurance coverage depends on the depositor, insured bank, and ownership category.
- Whether it applies to annuities
- State protection: Eligible annuity benefits may receive Wyoming guaranty association protection, subject to statutory limits and exclusions.
- FDIC: Annuities are not FDIC-insured deposits.
Sources and last verified
- Wyoming Legislature: Wyoming Statutes § 26-42-104 — Creation of the Association. Accessed October 14, 2026.
- Wyoming Legislature: Wyoming Statutes § 26-42-102 — Definitions. Accessed September 17, 2026.
- Wyoming Legislature: Wyoming Statutes § 26-42-103 — Coverage and exclusions. Accessed September 17, 2026.
- Wyoming Legislature: Wyoming Statutes § 26-42-106 — Association duties and powers. Accessed September 17, 2026.
- Wyoming Legislature: Wyoming Statutes § 26-42-107 — Assessments. Accessed September 17, 2026.
- Wyoming Legislature: Wyoming Statutes § 26-42-111 — Assessment tax offset. Accessed September 17, 2026.
- Wyoming Legislature: Wyoming Statutes § 26-42-116 — Prohibited sales use and notice. Accessed September 17, 2026.
- Wyoming Legislature: Wyoming Statutes § 26-42-118 — Prospective application. Accessed October 14, 2026.
- Justia: Wyoming Statutes, Title 26, Chapter 42. Accessed August 16, 2026.
- Wyoming Life and Health Insurance Guaranty Association: Wyoming Life and Health Insurance Guaranty Association. Accessed August 16, 2026.
- National Organization of Life & Health Insurance Guaranty Associations: NOLHGA — How You’re Protected (data as of June 1, 2025). Accessed August 16, 2026.
- Federal Deposit Insurance Corporation: Deposit Insurance FAQs (data as of April 1, 2024). Accessed August 20, 2026.
Last verified: October 14, 2026