Wyoming · 1 · statute
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(a) Repealed by Laws 1988, ch. 82, § 2. (b) The state treasurer shall invest any portion of the funds in the self-insurance account, including reserves, which the risk manager determines is not needed for immediate use. Investments shall be made as authorized by W.S. 9-4-715(a), (d) and (e).
Propose a change(a) Except as otherwise provided in subsection (b) of this section, the risk manager shall: (i) Administer the self-insurance account; (ii) Implement and administer a loss prevention program for the purpose of reducing risks, accidents and losses; (iii) Administer, supervise and manage the investigation and adjustment and settlement of claims covered by this act, including subrogation and restitution claims filed on behalf of the state self-insurance account; (iv) Provide legal services for the defense of claims covered by this act through the attorney general or through private attorneys approved by the attorney general; (v) Approve and supervise persons who may contract with the state to provide services; (vi) Procure insurance, including comprehensive professional liability coverage for all peace officers, consistent with market availability; (vii) Prepare a budget based upon economically and actuarially sound principles, which will maintain a reasonable and adequate surplus to meet estimated payments for contracts, services, claims and expenses; (viii) Purchase loss prevention, actuarial and other professional services as required; and (ix) Adopt rules governing the administration of the state's self-insurance account and loss prevention program and to carry out the purposes of this act. (b) If the risk manager determines it is economically feasible he may contract with any private firm or firms to provide any administrative or other services deemed necessary under this act.
Propose a change(a) Any claim covered under this act may be compromised or settled according to the requirements in subsection (b) of this section. In settling a claim, the risk manager may require the execution and presentation of those documents required by rule and regulation including those documents which discharge or hold harmless the state, local government or public employee of all liability under the claim. (b) The following parties are authorized to make compromises or settlements of claims in the following amounts: (i) Repealed By Laws 1999, ch. 100, § 2. (ii) The risk manager is authorized to settle claims for an amount not to exceed fifty thousand dollars ($50,000.00); (iii) The risk manager, after consultation with the attorney general, is authorized to settle claims for an amount not to exceed one hundred thousand dollars ($100,000.00); and (iv) The governor is authorized to settle claims for any amount if the action arises under federal law. The governor is authorized to settle claims brought under the Wyoming Governmental Claims Act for any amount not to exceed the maximum liability limits under the Wyoming Governmental Claims Act. (c) The provisions of the Wyoming Administrative Procedure Act are not applicable to the payment or settlement of claims. Any person or party adversely affected in compromising or settling a claim shall pursue his remedy in district court pursuant to the Wyoming Rules of Civil Procedure. (d) The risk manager and the state have no liability, and no cause of action exists against either the risk manager or the state, for failure to settle a claim. (e) Except with respect to volunteer physicians providing medical services under W.S. 9-2-103(a)(i)(C), an expenditure may be made out of the state self-insurance account for settlement or payment of any claim which is covered by liability insurance only to the extent any other liability insurance is not sufficient to satisfy the claim. Except with respect to volunteer physicians providing medical services under W.S. 9-2-103(a)(i)(C), any other liability insurance shall be considered as the primary coverage. Nothing in this section shall be deemed an increase in the limits of liability under W.S. 1-39-110 or 1-39-118(a).
Propose a change(a) The division shall make an annual report to the governor and the legislature. The report shall include: (i) The total number of claims filed against the state and peace officers covered under this act; (ii) The number and amount of claims settled; (iii) The cost of legal fees and adjustors' fees for the handling of claims; (iv) The number and amount of final judgments paid; (v) The number of claims pending and the reserves set aside for each pending claim; (vi) The types and cost of insurance coverages procured as authorized under this act.
Propose a changeNothing in this act shall be construed as creating an insurance company nor in any way subjecting the self-insurance account to the laws of the state regulating insurance or insurance companies.
Propose a changeThe claim files maintained by the risk manager shall be considered privileged and confidential and shall be for the use of the risk manager and the insurance commissioner only.
Propose a change(a) This act applies to claims based upon acts, errors or omissions occurring on and after October 1, 1985. (b) This act applies to claims against peace officers employed by the University of Wyoming but does not apply to other claims against the University of Wyoming unless the university notifies the risk manager in writing on or before August 15 that it elects to be covered by this act for the period beginning July 1 of the succeeding fiscal year. If the University of Wyoming elects to be covered by this act, it shall continue the coverage for not less than three (3) years from the date the coverage begins.
Propose a changeSelf-insurance provided under this act shall not be considered a purchase of insurance coverage and shall not be deemed an increase of the limits of liability under W.S. 1-39-118(b).
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed By Laws 2007, Ch. 212, § 2.
Propose a changeRepealed by Laws 2009, Ch. 168, § 205.
Propose a changeRepealed by Laws 2009, Ch. 168, § 205.
Propose a change(a) As used in this act: (i) "Board" means the local government self-insurance program joint powers board formed pursuant to this act; (ii) "Eligible senior citizen center" means a private, nonprofit corporation which is providing the services to senior citizens under W.S. 18-2-105 in a geographical area which is not otherwise served by a senior citizen center which participates in the local government self-insurance program; (iii) "Final judgment" means any judgment for monetary damages after all appropriate appeals from the judgment have been exhausted or after the time has expired when appeals may be taken; (iv) "Local government" means as defined by W.S. 1-39-103(a)(ii) and includes eligible senior citizen centers; (v) "Local government self-insurance program" or "program" means the program created by this act; (vi) "Public employee" means any officer, employee or servant of a local government including elected or appointed officials and persons acting on behalf or in service of the local government in any official capacity, whether with or without compensation, including individuals engaged in search and rescue operations under the coordination of a county sheriff pursuant to W.S. 18-3-609(a)(iii). "Public employee": (A) Except as provided in subparagraph (B) of this paragraph, does not include an independent contractor, peace officer or a judicial officer exercising the authority vested in him; (B) Includes contract physicians, physician assistants, nurses, optometrists and dentists in the course of providing contract services for county jails. (vii) "Scope of duties" means performing any duties which a local government requests, requires or authorizes a public employee to perform, regardless of the time and place of performance; (viii) "This act" means W.S. 1-42-201 through 1-42-206.
Propose a change(a) There is created the local government self-insurance program to provide a mechanism for local governments to pool resources to handle claims brought against local governments under the Wyoming Governmental Claims Act and arising under federal law. It is the intent of the legislature that the local government self-insurance program shall be operated by a joint powers board formed by local governments participating in the program and administered in accordance with the provisions of this act. The program shall provide for assessments by participating local governments, which together with all income from investments of the program and payments by insurance or reinsurance companies are actuarially sufficient to meet anticipated claims against participating local governments and all associated administrative expenses. (b) Upon approval of the board, expenditures shall be made by the program for the following claims which have been settled or reduced to final judgment: (i) Claims brought against participating local governments, other than eligible senior citizen centers or their public employees, other than peace officers, under the Wyoming Governmental Claims Act; (ii) Claims against participating local governments or their judicial officers or public employees, other than peace officers, arising under 42 U.S.C. 1983 or other federal statutes subject to the provisions of subsection (e) of this section; (iii) Claims brought against participating eligible senior citizen centers, including its directors, officers, employees and volunteers, arising from acts within the scope of their activities in rendering any service that a senior citizen center may lawfully render; (iv) Claims against contract physicians, physician assistants, nurses, optometrists or dentists brought under the Wyoming Governmental Claims Act or federal law, provided: (A) The contract physician, physician assistant, nurse, optometrist or dentist is unable to procure medical malpractice insurance coverage up to the limits specified in W.S. 1-39-110(b) or 1-39-118(a) as applicable; (B) The liability of the county shall not exceed limits specified in W.S. 1-39-118(a) except as the limitation may be increased by W.S. 1-39-110(b) both reduced by the amount of the contract physician's, physician assistant's, nurse's, optometrist's or dentist's malpractice insurance coverage applicable to such claim; and (C) The claim arises from the services performed by the physician, physician assistant, nurse, optometrist or dentist for a county jail. (c) Upon approval of the board, expenditures may also be made from the program for expenses related to claims under subsection (b) of this section, administrative expenses, insurance and services procured in accordance with W.S. 1-42-203. (d) Claims against participating local governments and their public employees, or a judicial officer exercising the authority vested in him, arising under 42 U.S.C. 1983 or other federal statutes, shall be defended and indemnification paid subject to the following conditions: (i) Public employees of participating local governments, other than peace officers, shall be defended and, to the extent provided by paragraph (iii) of this subsection, indemnified against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the scope of duty; (ii) Any civil action, suit or proceeding which is brought against any public employee which on its face falls within the provisions of paragraph (i) of this subsection, or which the public employee, other than peace officers, asserts is based on an alleged act or omission in the scope of duty, shall be defended under the program with an automatic reservation of right by the board to reject the claim unless the act or omission is determined to be within the scope of duty. Any public employee against whom a claim within the scope of this subsection is made shall cooperate fully in the defense of the claim. If the board determines that the public employee has not cooperated or has otherwise acted to prejudice defense of the claim, the defense of the claim may be rejected at any time; (iii) Unless the act or omission upon which a claim is based is determined by the court or jury to be within the public employee's scope of duty, no funds shall be expended from the program in payment of the final judgment against the public employee; (iv) Nothing in this subsection shall be deemed to: (A) Increase the limits of liability under W.S. 1-39-118 for claims brought under the Wyoming Governmental Claims Act; (B) Affect the liability of a participating local government or of any of its public employees on any claim arising out of the same accident or occurrence; or (C) Waive the protection of a local government or its public employees from liability where immunity has not been specifically waived. (e) For any claim brought under the Wyoming Governmental Claims Act the program shall be limited in liability to payment of no more than the amounts specified in paragraphs (i) and (ii) of this subsection. Participating local governments shall be responsible for the amount of any adjudicated claims and expenses in excess of: (i) One million dollars ($1,000,000.00) for any claim brought under W.S. 1-39-110(b) for any one (1) occurrence plus loss adjustment expenses; or (ii) Five hundred thousand dollars ($500,000.00) for any other claim brought under the Wyoming Governmental Claims Act for any one (1) occurrence plus loss adjustment expenses. (f) Notwithstanding any other provision of this act, no expenditure shall be made from the program in any action to pay any claim or final judgment for exemplary or punitive damages.
Propose a change(a) The board shall: (i) Administer the program; (ii) Provide legal services for the defense of claims covered by this act; (iii) Procure insurance, including reinsurance, purchase loss prevention, actuarial and other professional services as required by the board; (iv) Establish assessments as necessary to operate the program on an actuarially sound basis. Assessments shall be computed to provide for: (A) Expenditures authorized under this act; and (B) Stabilization charges to develop adequate reserves. (v) Apportion and collect assessments from each participating local government; (vi) Establish deductibles or retentions as deemed necessary for the efficient operation of the program; and (vii) Adopt rules governing the administration of the program. (b) The board may deny a local government participation in or may terminate a participant from the program for a failure to pay the assessments required under this act.
Propose a change(a) Nothing in this act shall be deemed to obviate the necessity of compliance with W.S. 1-39-113 by any claimant. (b) Any claim covered under this act may be compromised or settled according to the rules of the board. The provisions of the Wyoming Administrative Procedure Act are not applicable to the payment or settlement of claims. Any person or party adversely affected in compromising or settling a claim shall pursue his remedy in district court pursuant to the Wyoming Rules of Civil Procedure. The board has no liability, and no cause of action exists against the board for failure to settle a claim. (c) Self insurance provided under this act shall not be considered a purchase of insurance coverage and shall not be deemed an increase of the limits of liability under W.S. 1-39-118(b).
Propose a changeNothing in this act shall be construed as subjecting the local government insurance account to the laws of the state regulating insurance or insurance companies.
Propose a changeThe claim files maintained by the board shall be considered privileged and confidential and shall be for the use of the board only.
Propose a changeRepealed By Laws 2008, Ch. 44, § 3.
Propose a change(a) As used in this act: (i) "Communication" means any item of information disclosed during the mediation process through files, reports, interviews, discussions, memoranda, case summaries, notes, work products of the mediator, or any other item of information disclosed during the mediation, whether oral or written; (ii) "Mediation" means a process in which an impartial third person facilitates communication between two (2) or more parties in conflict to promote reconciliation, settlement, compromise or understanding; (iii) "Mediator" means an impartial third person not involved in the conflict, dispute or situation who engages in mediation; (iv) "Party to the mediation" means a person who is involved in the conflict, dispute or situation and is rendered mediation services by a mediator or consults a mediator with a view to obtaining mediation services; (v) "Representative of the mediator" means a person employed by the mediator to assist in the rendition of mediation services; (vi) "Representative of the party" means a person having authority to obtain mediation services on behalf of the party to the mediation or to act on advice rendered by the mediator; (vii) "This act" means W.S. 1-43-101 through 1-43-104.
Propose a changeAny communication is confidential if not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the mediation process or those reasonably necessary for the transmission of the communication.
Propose a change(a) A party to the mediation has a privilege to refuse to disclose and to prevent all mediation participants from disclosing confidential communications. (b) The privilege under this section may be claimed by a representative of the party or by a party, his guardian or conservator, the personal representative of a deceased party, or the successor, trustee or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the mediator may claim the privilege but only on behalf of the party. The mediator's authority to do so is presumed in the absence of evidence to the contrary. (c) There is no privilege under this section if any one (1) of the following conditions is met: (i) All the parties involved provide written consent to disclose; (ii) The communication involves the contemplation of a future crime or harmful act; (iii) The communication indicates that a minor child has been or is the suspected victim of child abuse as defined by local statute; (iv) The communication was otherwise discoverable prior to the mediation; (v) One of the parties seeks judicial enforcement of the mediated agreement.
Propose a changeMediators are immune from civil liability for any good faith act or omission within the scope of the performance of their power and duties.
Propose a change