§ 1-41-103 — Self-insurance account; creation; authorized payments

Wyoming § 1-41-103

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 41: STATE SELF-INSURANCE PROGRAM

Text

(a) There is created the state self-insurance account. The
account shall be in such amount as the legislature determines to
be reasonably sufficient to meet anticipated claims. In
addition to any legislative appropriation, the account shall
include all authorized transfers of monies to the account, all
income from investments of monies in the account and payments by
insurance or reinsurance companies. The account may be divided
into subaccounts for purposes of administrative management.
Appropriations to the account shall not lapse at the end of any
fiscal period.
(b) The self-insurance account shall maintain sufficient
reserves for incurred but unpaid claims as well as incurred but
unreported claims.
(c) Expenditures shall be made out of the self-insurance
account for the following claims which have been settled or
reduced to final judgment:
(i) Claims brought against the state or its public
employees under the Wyoming Governmental Claims Act, provided
any amount up to two thousand five hundred dollars ($2,500.00)
paid for or in defense of each claim involving an automobile,
physical damage, a settlement or adverse judgment shall be
reimbursed to the self-insurance account by the state agency,
from its existing budget, against which the claim is brought or
which employs the public employee against whom the claim is
brought;
(ii) Claims against the state or its public
employees, or a state judicial officer exercising the authority
vested in him, arising under 42 U.S.C. 1983 or other federal
statutes, which the state has obligated itself to pay under
subsection (e) of this section, provided any amount up to two
thousand five hundred dollars ($2,500.00) paid for or in defense
of each claim resulting in settlement or adverse judgment shall
be reimbursed to the self-insurance account by the state agency,
from its existing budget, against which the claim is brought or
which employs the public employee against whom the claim is
brought;
(iii) Claims against a peace officer employed, with
or without compensation, by the Wyoming state board of
outfitters and professional guides, the University of Wyoming or
a local government brought under the Wyoming Governmental Claims
Act, provided:
(A) The act or omission upon which the claim is
based has been determined by a court or jury to be within the
peace officer's scope of duties;
(B) The indemnification for the judgment shall
not exceed the limits provided by W.S. 1-39-118;
(C) Any amount up to twenty thousand dollars
($20,000.00) paid for or in defense of each claim shall be paid
on a dollar for dollar matching basis from the account and from
the University of Wyoming or the local government employing the
peace officers;
(D) Any amount up to twenty thousand dollars
($20,000.00) paid for or in defense of each claim against a
peace officer employed by the Wyoming state board of outfitters
and professional guides shall be paid by the board; and
(E) "Peace officer" as used in this paragraph
includes part time and reserve peace officers as defined in W.S.
9-1-701(a)(viii).
(iv) Claims against a peace officer employed, with or
without compensation, by the Wyoming state board of outfitters
and professional guides, the University of Wyoming or a local
government arising under 42 U.S.C. 1983 or other federal
statutes, provided:
(A) Any amount up to twenty thousand dollars
($20,000.00) paid from the account for or in defense of each
claim shall be paid on a dollar for dollar matching basis from
the account and from the University of Wyoming or the local
government employing the peace officer;
(B) Any amount up to twenty thousand dollars
($20,000.00) paid for or in defense of each claim against a
peace officer employed by the Wyoming state board of outfitters
and professional guides shall be paid by the board;
(C) The conditions and limitations of subsection
(e) of this section apply to all claims under this paragraph;
and
(D) "Peace officer" as used in this paragraph
includes part time and reserve peace officers as defined in W.S.
9-1-701(a)(viii).
(v) 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 state 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 services performed by
the contract physician, physician assistant, nurse, optometrist
or dentist for a state institution.
(d) Expenditures may also be made out of the
self-insurance account for any one (1) or more of the following:
(i) Expenses related to claims under subsection (c)
of this section;
(ii) Costs of purchasing services, including loss
prevention, risk and claims control, and legal, actuarial,
investigative, support and adjustment services;
(iii) Costs of insurance or reinsurance premiums
consistent with market availability;
(iv) Administrative expenses incurred by the division
under this act including the cost of necessary personnel within
the office of the attorney general, as may be mutually agreed
upon by the risk manager and the attorney general, to handle
claims arising under this act.
(e) The state shall defend claims against its public
employees, or a state judicial officer exercising the authority
vested in him, arising under 42 U.S.C. 1983 or other federal
statutes, subject to the following conditions:
(i) The state shall defend and, to the extent
provided by paragraph (v) of this subsection, indemnify any of
its public employees against any claim or demand, whether
groundless or otherwise, arising out of an alleged act or
omission occurring in the scope of duty;
(ii) Repealed by Laws 1988, ch. 50, § 2.
(iii) If any civil action, suit or proceeding is
brought against any public employee of the state which on its
face falls within the provisions of paragraph (i) of this
subsection, or which the public employee asserts to be based in
fact upon an alleged act or omission in the scope of duty, the
state shall appear and defend the public employee under an
automatic reservation of right by the state to reject the claim
unless the act or omission is determined to be within the scope
of duty;
(iv) Any public employee of the state against whom a
claim within the scope of this subsection is made shall
cooperate fully with the state in the defense of the claim. If
the state determines that the public employee has not cooperated
or has otherwise acted to prejudice defense of the claim, the
state may at any time reject the defense of the claim;
(v) 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 public funds shall be expended in
payment of the final judgment against the public employee;
(vi) 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 the state itself or
of any of its public employees on any claim arising out of the
same accident or occurrence; or
(C) Waive the protection of the state or its
public employees from liability where immunity has not been
specifically waived.