Wyoming Statutes

Wyo. Stat. § 1-39-115 (2026)

Settlement of claims.

✓ current as of May 2026

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(a) Upon receipt of a claim against the state which is
covered by insurance, the general services division of the
department of administration and information shall send the
claim to the insurance company insuring the risk involved for
investigation, adjustment, settlement and payment.

     (b) A claim shall be settled only if the damage claimed
was caused by such negligence on the part of the state or its
public employees as might entitle the claimant to a judgment.

     (c) Any person whose claim is rejected or who is
unsatisfied with the settlement offered may commence an action
in the appropriate court.

     (d) Claims under this act which are not covered by
insurance may be settled as provided by W.S. 1-41-106 or
1-42-204.

Notes of Decisions

Cited in 8 cases, 1985–2009 · leading case: State v. Dieringer, 708 P.2d 1 (Wyo. 1985).

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State v. Dieringer, 708 P.2d 1 (Wyo. 1985). · cites it 6× “Section 1-39-115, W.S. 1977 (1985 Cum.Supp.”

Motley v. Platte Cnty., 2009 WY 147 (Wyo. 2009). · cites it 4× “" Wyo. Stat. Ann. § 1-39-115 (d). Those statutes relate to the State Self-Insurance Program (Wyo.”

State Ex Rel. Arnold v. Ommen, 2009 WY 24 (Wyo. 2009). · cites it 2× “[¶18] Section 1-39-115 of the WGCA provides in relevant part: (a) Upon receipt of a claim against the state which is covered by insurance, the general services division of the department of administration and information shall send the claim to the insurance company insuring the…”

Natrona Cnty. v. Blake, 2003 WY 170 (Wyo. 2003). · cites it 2× “(d) A governmental entity shall assume and pay settlements of claims under this act against its public employees in accordance with W.S. 1-39-115, 1-41-106 or 1-42-107. The "Public Duty" Rule [¶ 11] Natrona County contends that the public duty rule precludes Blake from…”

White v. State, 784 P.2d 1313 (Wyo. 1989). · cites it 2× “See W.S. 1-39-115 and its attendant history. Thus the act, in its waiver of immunity, has relied heavily on the maintenance of insurance and has sought to control the costs of that insurance both through the prevention of risks and the litigation of baseless claims.”

City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). · cites it 2× “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…”

Sponsel v. Park Cnty., 2006 WY 6 (Wyo. 2006). “(d)A governmental entity shall assume and pay settlements of claims under this act against its public employees in accordance with W.S. 1-39-115, 1-41-106 or 1-42-107. [Emphasis added.”

Eathorne v. Bd. of Trs. of Mem. Hosp., 2001 WY 36 (Wyo. 2001). · cites it 3× “Eathorne argues that notice was required by Wyo. Stat. Ann. § 1-39-115 (a), but it is clear that this requirement applies only to claims against the state, not local entities 3 Second, the record in this matter indicates that the Hospital has "applicable insurance coverage.”

— Wyo. Stat. § 1-39-115(a) — 1 case

Eathorne v. Bd. of Trs. of Mem. Hosp., 2001 WY 36 (Wyo. 2001). “Eathorne argues that notice was required by Wyo. Stat. Ann. § 1-39-115 (a), but it is clear that this requirement applies only to claims against the state, not local entities 3 Second, the record in this matter indicates that the Hospital has "applicable insurance coverage.”

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