Wyoming § 1-41-106 Compromise or settlement of claims; authority;
primary insurance coverage

Wyoming Statutes

§ 1-41-106 — Compromise or settlement of claims; authority; primary insurance coverage

Wyoming·Title 01 Civil Procedure·Ch. 41 STATE SELF-INSURANCE PROGRAM

(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(i)Repealed By Laws 1999, ch. 100, § 2.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 exc

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(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(i) Repealed By Laws 1999, ch. 100, § 2.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).

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