Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 39 - GOVERNMENTAL CLAIMS / Article 4 - SPECIFIC PERFORMANCE; ACTIONS FOR
Wyoming Statutes

Wyo. Stat. § 1-39-118 (2026)

Maximum liability; insurance authorized.

✓ current as of May 2026
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(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.
Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1980–2026 · leading case: City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991).
Sort: Relevance Newest Treatment
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). · cites it 50× “Our analysis of the internal structure of W.S. 1-39-118 leads clearly to that conclusion.”
Wyoming State Hosp. & State of Wyoming v. Mary Romine & Donald Romine, as Guardians & Conservators for & On Behalf of Justina Case, Their Ward, 2021 WY 47 (Wyo. 2021). · cites it 10× “The district court denied the Hospital’s motion for summary judgment, concluding (1) the Hospital had waived its immunity under § 1-39-110; and (2) genuine disputes of material fact existed as to (a) whether the Romines’ claims constitute “a single transaction or occurrence”…”
Bell v. Schell, 2004 WY 153 (Wyo. 2004). · cites it 6× “§ 1-89-114 requires actions against governmental entities based on those claims to be filed within one year of such presentment.”
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). · cites it 5× “Wyo. Stat. Ann. § 1-39-118 (b)(i) provides: Maximum liability; insurance authorized.”
Weston Cnty. Hosp. Jt. Powers Bd. v. Westates Constr. Co., 841 P.2d 841 (Wyo. 1992). · cites it 10× “estimony from its treasurer and chief fiscal officer and asserts its claim of hardship is justified by the testimony: That it would be an undue hardship on the Weston County Hospital Joint Powers Board to pay any judgment, but that the hardship would be substantially lessened if…”
Mem'l Hosp. of Sweetwater Cnty. v. Menapace, 404 P.3d 1179 (Wyo. 2017). · cites it 6× “Lin Miao at the time of the treatment at issue, such that it waived its, immunity to ostensible agency claims under the insur-anee exception at Wyo. Stat. Ann. § 1-39-118 (b)? FACTS [¶3] Memorial Hospital of Sweetwater County is a government entity operating in Rock Springs,…”
Archer v. State ex rel. Wyo. Dep't of Transp., 413 P.3d 142 (Wyo. 2018). · cites it 8× “Did the City of Riverton provide a public service for which governmental immunity has been waived by Wyo. Stat. Ann. § 1-39-108 when it provided a marked street crossing? 3.”
Hot Springs Cnty. Sch. Dist. No. 1 v. Strube Constr. Co., 715 P.2d 540 (Wyo. 1986). · cites it 9× “Section 1-39-118(d), W.S. 1977, 1985 Cum.”
Brown v. City of Casper, 2011 WY 35 (Wyo. 2011). · cites it 2× “Brown filed his complaint alleging that he had complied with the requirements of the WGCA by presenting a notice of claim pursuant to § 1-39-118 to the City 3 Jurisdiction having been invoked by the filing of a complaint alleging a cause of action against a governmental entity,…”
Clifford C. Bain v. City of Cheyenne, a Mun.; & Edward Brookman, an Individual, 2025 WY 67 (Wyo. 2025). · cites it 16× “Bain asserts a single issue,1 which we rephrase as follows: Does Wyo. Stat. Ann. § 1-39-118 (a)(i) violate Article 10, § 4(a) of the Wyoming Constitution? FACTS [¶3] On November 5, 2021, a Cheyenne City Transit bus driven by Edward Brookman hit Mr.”
Daley v. Wenzel, 2001 WY 80 (Wyo. 2001). · cites it 2× “[122] Arguably, the constitutional issue concerning Wyo. Stat. Ann. § 1-39-118 could not have been foreseen and raised until the implementation of the statute by the district court.”
White v. State, 784 P.2d 1313 (Wyo. 1989). · cites it 2× “1-39-120(a)(iii), exclusion for weather maintenance of highways, and then interject W.S. 1-39-118(b), providing for liability to limit insurance "covering any acts or risks.”
Show all 29 citing cases →
— Wyo. Stat. § 1-39-118(a) — 2 cases
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). “Our analysis of the internal structure of W.S. 1-39-118 leads clearly to that conclusion.”
McMackin v. Johnson Cnty. Healthcare Ctr., 2004 WY 44 (Wyo. 2004).
— Wyo. Stat. § 1-39-118(a)(i) — 4 cases
Clifford C. Bain v. City of Cheyenne, a Mun.; & Edward Brookman, an Individual, 2025 WY 67 (Wyo. 2025). “Bain asserts a single issue,1 which we rephrase as follows: Does Wyo. Stat. Ann. § 1-39-118 (a)(i) violate Article 10, § 4(a) of the Wyoming Constitution? FACTS [¶3] On November 5, 2021, a Cheyenne City Transit bus driven by Edward Brookman hit Mr.”
Wyoming State Hosp. & State of Wyoming v. Mary Romine & Donald Romine, as Guardians & Conservators for & On Behalf of Justina Case, Their Ward, 2021 WY 47 (Wyo. 2021). “The district court denied the Hospital’s motion for summary judgment, concluding (1) the Hospital had waived its immunity under § 1-39-110; and (2) genuine disputes of material fact existed as to (a) whether the Romines’ claims constitute “a single transaction or occurrence”…”
Clifford C. Bain v. City of Cheyenne, a Mun.; & Edward Brookman, an Individual, 2025 WY 67 (Wyo. 2025).
Mem'l Hosp. of Converse Cnty. - Advanced Med., Hometown Care & Jonathan L. Grosdidier, M.D. F.A.C.S. v. Lan (Wyo. 2026).
— Wyo. Stat. § 1-39-118(b) — 6 cases
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). “Our analysis of the internal structure of W.S. 1-39-118 leads clearly to that conclusion.”
White v. State, 784 P.2d 1313 (Wyo. 1989). “1-39-120(a)(iii), exclusion for weather maintenance of highways, and then interject W.S. 1-39-118(b), providing for liability to limit insurance "covering any acts or risks.”
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). “Wyo. Stat. Ann. § 1-39-118 (b)(i) provides: Maximum liability; insurance authorized.”
Oyler v. State, 618 P.2d 1042 (Wyo. 1980).
DiVenere v. Univ. of Wyoming, 811 P.2d 273 (Wyo. 1991).
— Wyo. Stat. § 1-39-118(b)(i) — 5 cases
Cranston v. Weston Cnty. Weed & Pest Bd., 826 P.2d 251 (Wyo. 1992).
Pickle v. Bd. of Cnty. Commissioners, 764 P.2d 262 (Wyo. 1988).
Clifford C. Bain v. City of Cheyenne, a Mun.; & Edward Brookman, an Individual, 2025 WY 67 (Wyo. 2025). “Bain asserts a single issue,1 which we rephrase as follows: Does Wyo. Stat. Ann. § 1-39-118 (a)(i) violate Article 10, § 4(a) of the Wyoming Constitution? FACTS [¶3] On November 5, 2021, a Cheyenne City Transit bus driven by Edward Brookman hit Mr.”
Clifford C. Bain v. City of Cheyenne, a Mun.; & Edward Brookman, an Individual, 2025 WY 67 (Wyo. 2025).
Mem'l Hosp. of Converse Cnty. - Advanced Med., Hometown Care & Jonathan L. Grosdidier, M.D. F.A.C.S. v. Lan (Wyo. 2026).
— Wyo. Stat. § 1-39-118(c) — 2 cases
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). “Our analysis of the internal structure of W.S. 1-39-118 leads clearly to that conclusion.”
Brown v. City of Casper, 2011 WY 35 (Wyo. 2011). “Brown filed his complaint alleging that he had complied with the requirements of the WGCA by presenting a notice of claim pursuant to § 1-39-118 to the City 3 Jurisdiction having been invoked by the filing of a complaint alleging a cause of action against a governmental entity,…”
— Wyo. Stat. § 1-39-118(c)(i) — 1 case
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). “Wyo. Stat. Ann. § 1-39-118 (b)(i) provides: Maximum liability; insurance authorized.”
— Wyo. Stat. § 1-39-118(c)(ii) — 2 cases
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). “Our analysis of the internal structure of W.S. 1-39-118 leads clearly to that conclusion.”
Jacob Fugle v. Sublette Cnty. Sch. Dist. 9 & Stephen Nelson, 2015 WY 98 (Wyo. 2015). “Wyo. Stat. Ann. § 1-39-118 (b)(i) provides: Maximum liability; insurance authorized.”
— Wyo. Stat. § 1-39-118(c)(iv) — 1 case
Weston Cnty. Hosp. Jt. Powers Bd. v. Westates Constr. Co., 841 P.2d 841 (Wyo. 1992). “estimony from its treasurer and chief fiscal officer and asserts its claim of hardship is justified by the testimony: That it would be an undue hardship on the Weston County Hospital Joint Powers Board to pay any judgment, but that the hardship would be substantially lessened if…”
— Wyo. Stat. § 1-39-118(c)(v) — 1 case
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). “Our analysis of the internal structure of W.S. 1-39-118 leads clearly to that conclusion.”
— Wyo. Stat. § 1-39-118(d) — 1 case
Hot Springs Cnty. Sch. Dist. No. 1 v. Strube Constr. Co., 715 P.2d 540 (Wyo. 1986). “Section 1-39-118(d), W.S. 1977, 1985 Cum.”
— Wyo. Stat. § 1-39-118(e)(ii) — 1 case
City of Laramie v. Facer, 814 P.2d 268 (Wyo. 1991). “Our analysis of the internal structure of W.S. 1-39-118 leads clearly to that conclusion.”
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