§ 1-39-118 — Maximum liability; insurance authorized

Wyoming § 1-39-118

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 39: GOVERNMENTAL CLAIMS

Text

(a) Except as provided in subsection (b) of this section,
in any action under this act, the liability of the governmental
entity, including a public employee while acting within the
scope of his duties, shall not exceed:
(i) The sum of two hundred fifty thousand dollars
($250,000.00) to any claimant for any number of claims arising
out of a single transaction or occurrence; or
(ii) The sum of five hundred thousand dollars
($500,000.00) for all claims of all claimants arising out of a
single transaction or occurrence.
(b) A governmental entity is authorized to purchase
liability insurance coverage covering any acts or risks
including all or any portion of the risks provided under this
act. Purchase of liability insurance coverage shall extend the
governmental entity's liability as follows:
(i) If a governmental entity has insurance coverage
either exceeding the limits of liability as stated in this
section or covering liability which is not authorized by this
act, the governmental entity's liability is extended to the
coverage;
(ii) Notwithstanding paragraph (i) of this
subsection, if a governmental entity acquires coverage in an
amount greater than the limits specified in this section for the
purpose of protecting itself against potential losses under a
federal law and if the purpose of the coverage is stated as a
part of or by an amendment to the insurance policy, the
increased limits shall be applicable only to claims brought
under the federal law.
(c) In addition to the procurement of insurance under
subsection (b) of this section a local governmental entity may:
(i) Establish a self-insurance fund against the
liability of the governmental entity and its officers and
employees;
(ii) Join with other governmental entities, by joint
powers agreements under W.S. 16-1-102 through 16-1-108, or
otherwise, to pool funds and establish a self-insurance fund or
jointly purchase insurance coverage. Pooled funds may be
deposited with the state treasurer for disbursement as
participating governmental entities direct or may be deposited
as provided by the terms of the joint powers agreement;
(iii) Repealed by Laws 1981, ch. 142, § 2.
(iv) Pay the judgment or settlement, with interest
thereon, in not to exceed ten (10) annual installments in cases
of undue hardship and levy not to exceed one (1) mill per year
on the assessed value of the governmental entity for such
purpose;
(v) Enter into contracts with the general services
division of the department of administration and information for
the payment of assessments by the local government in such
amounts as determined by the division to be sufficient, on an
actuarially sound basis, to cover:
(A) The potential liability, or any portion of
potential liability, of the local government and its public
employees as provided by this act;
(B) Costs of administration;
(C) Payment by the division of claims against
the local government and its public employees acting within the
scope of their duties which have been settled or reduced to
final judgment.
(d) No judgment against a governmental entity shall
include an award for exemplary or punitive damages, for interest
prior to judgments or for attorney's fees.
(e) Except as hereafter provided, no judgment authorized
by this act may be enforced by execution or attachment of
property of a governmental entity but shall be paid only as
authorized by this section and W.S. 1-39-113. A judgment
authorized by this act may be enforced by execution or
attachment of the property of a governmental entity to the
extent coverage of the liability has not been obtained under
subsection (b) or (c) of this section or W.S. 1-39-115 unless
the judgment is otherwise satisfied by the governmental entity.
(f) The liability imposed by W.S. 1-39-105 through
1-39-112 may include liability for property damage in an amount
less than five hundred dollars ($500.00) in cases in which no
personal injury or death resulted, but only under the following
conditions:
(i) A property damage claim may be paid at the
discretion of the governmental entity:
(A) In the case of the state, the director of
the department of administration and information or an employee
designated in writing by the director shall decide whether the
claim will be paid;
(B) In the case of a local governmental entity,
the local governmental entity shall appoint an official who
shall decide whether the claim will be paid.
(ii) The decision of whether the property damage
claim will be paid shall be based on finding that:
(A) The act was performed by an employee of the
state or the local governmental entity;
(B) The act occurred while the employee was
acting within the scope of his employment duties;
(C) The employee acted negligently by breaching
a duty or by failing to act like a reasonable person; and
(D) The negligent act proximately caused the
property damage at issue.
(iii) Property damage claims against the state shall
be paid from the self-insurance account created by W.S. 1-41-103
except that claims against the department of transportation may
be paid from nonrestricted highway funds. Property damage claims
against a local governmental entity shall be paid only to the
extent the local governing body has appropriated monies for that
purpose. There is no obligation on the state legislature or the
local governing body to make any appropriation for payment of
property damage claims;
(iv) If the director of the department of
administration and information or the local government official
determines there may be insufficient monies to pay all of the
claims made during the year, then the director or official may
delay paying the claims until close of the year at which time
available monies shall be prorated among those entitled to
payment at an amount less than one hundred percent (100%);
(v) The decisions of the director of the department
of administration and information or of the local government
official are final and are not subject to administrative or
judicial review.