Administration & Information, Dept. of

Local Government Self-Insurance Program

Chapter 8: Compromise or Settlement of Claims Authority

Effective Date: 07/20/1989 to Current

Rule Type: Current Rules & Regulations

Reference Number: 006.0003.8.07201989

CHAPTER VIII

COMPROMISE OR SETTLEMENT OF CLAIMS AUTHORITY

Section 1. Procedure for Settlement. Once a determination has been made that a claim shall be settled the Division will notify the local government of the recommended settlement before a settlement offer is made.

Section 2. Compromise or settlement of claims. The Risk Manager, in settling a claim, may require the execution and presentation of those documents required by rule and regulation including those documents which discharge or hold harmless the local government or public employee of all liability under the claim.

Section 3. Settlement Authority. Following receipt and review of comments from the governing body of the affected participating local government, the following parties are authorized to make compromises or settlements of claims not covered by insurance in the following amounts:

(a) Local government up to its retention amount;

(b) A claims adjuster employed by the division or under contract with the division is authorized to settle claims for an amount not to exceed five thousand dollars ($5,000.00);

(c) The risk manager is authorized to settle claims for an amount not to exceed twenty thousand dollars ($20,000.00);

(d) The risk manager, after consultation with the attorney general, is authorized to settle claims for an amount not to exceed fifty thousand dollars ($50,000.00);

(e) 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.

(f) The risk manager has the final decision in settling claims beyond retention amount, provided he first consults with the Local Government and subject to limits set forth in W.S. 1-42-107(c).

(g) 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.

Section 4. Wyoming Administrative Procedure Act. 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.