Wyoming Statutes

Wyo. Stat. § 26-15-124 (2026)

Claim to be accepted or rejected; attorney's

✓ current as of May 2026

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fee.

     (a) Claims for benefits under a life, accident or health
insurance policy shall be rejected or accepted and paid by the
insurer or its agent designated to receive the claims within
forty-five (45) days after receipt of the proofs of loss and
supporting evidence. Exceptions to the time of forty-five (45)
days shall be made for accident and health insurance claims if
there is any question as to the validity or the amount of the
claim and the question is referred to the Wyoming state medical
peer review committee for adjudication. Exceptions shall also be
made as authorized by W.S. 26-16-112(a) and 26-52-203.

     (b) Claims for benefits under a property or casualty
insurance policy shall be rejected or accepted and paid by the
insurer or its agent designated to receive those claims within
forty-five (45) days after receipt of the claim and supporting
bills.

     (c) In any actions or proceedings commenced against any
insurance company on any insurance policy or certificate of any
type or kind of insurance, or in any case where an insurer is
obligated by a liability insurance policy to defend any suit or
claim or pay any judgment on behalf of a named insured, if it is
determined that the company refuses to pay the full amount of a
loss covered by the policy and that the refusal is unreasonable
or without cause, any court in which judgment is rendered for a
claimant may also award a reasonable sum as an attorney's fee
and interest at ten percent (10%) per year.

Notes of Decisions

Cited in 37 cases (2 in the last 5 years), 1985–2021 · leading case: State Farm Mut. Auto. Ins. Co. v. Shrader, 882 P.2d 813 (Wyo. 1994).

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State Farm Mut. Auto. Ins. Co. v. Shrader, 882 P.2d 813 (Wyo. 1994). · cites it 57× “Attorney's Fees State Farm disputes the right of the Shraders to recover attorney's fees for breach of the statutory duties stated in Wyo. Stat. § 26-15-124. State Farm broadly contends that the insured seeking to recover on a claim for benefits under uninsured motorist coverage…”

Stewart Title Guar. Co. v. Tilden, 2008 WY 46 (Wyo. 2008). · cites it 35× “54(d)(2) did not apply to Tilden's application for attorney's fees under Wyo. Stat. Ann. § 26-15-124 (c)? 2. Whether the district court erred as a matter of law in concluding that the doctrine of res judicata does not bar an award of attorney's fees to Tilden? 3.”

Stewart Title Guar. Co. v. Tilden, 2005 WY 53 (Wyo. 2005). · cites it 34× “What is the plain and ordinary meaning of “judgment” as used in Wyo. Stat. § 26-15-124(c)? II. Was Appellee entitled to judgment as a matter of law on his claim for attorney’s fees under Wyo.”

Herrig v. Herrig, 844 P.2d 487 (Wyo. 1992). · cites it 13× “Whether Appellants may assert a private cause of action against Farmers Insurance for an alleged violation of Wyo.Stat. § 26-15-124 (1991), the unreasonable-claim-denial provision of the Wyoming Insurance Code; and 4.”

Sinclair Wyoming Refining Co. v. Infrassure, Ltd, 2021 WY 65 (Wyo. 2021). · cites it 10× “One of Sinclair’s claims was for attorney fees pursuant to Wyo. Stat. Ann. § 26-15-124 (c) (LexisNexis 2019): In any actions or proceedings commenced against any insurance company on any insurance policy or certificate of any type or kind of insurance, or in any case where an…”

Moffett v. Halliburton Energy Servs., Inc., 291 F.3d 1227 (10th Cir. 2002). · cites it 3× “4 at 23, as well as a claim under Wyo. Stat. Ann. § 26-15-124 for failure to act in a timely manner and unreasonably denying an insurance payment.”

Hatch v. State Farm Fire & Cas. Co., 930 P.2d 382 (Wyo. 1997). · cites it 7× “Was it error for the trial court to reject the Hatches' claim for attorney fees under Wyo. Stat. Ann. § 26-15-124 , which was enacted to protect policyholders from expensive litigation when insurance companies engage in unreasonable conduct and deny their claims.”

McCullough v. Golden Rule Ins. Co., 789 P.2d 855 (Wyo. 1990). · cites it 4× “26-13-101 through 26-13-124 and an attorney’s fees and interest recovery statute, W.S. 26-15-124(c) 3 . The attack on the utilization of first-party bad faith cuts to the fundamental difference between third-party and first-party situations focusing on the adversarial nature of…”

Cornhusker Cas. Co. v. Skaj, 786 F.3d 842 (10th Cir. 2015). · cites it 3× “2, 2012), and, given Cornhusker’s refusal to pay the judgment, attorneys’ fees pursuant to Wyo. Stat. Ann. § 26-15-124 (c). Noting that Cornhusker had defended Vincent in the underlying action unconditionally— ' viz.”

Davis v. State, 910 P.2d 555 (Wyo. 1996). · cites it 8× “A claim that Wyo.Stat. § 26-15-124 (1983) had been violated; 1 9.”

State Farm Fire & Cas. Co. v. Paulson, 756 P.2d 764 (Wyo. 1988). · cites it 4× “Paulson to interest and attorney fees pursuant to W.S. § 26-15-124."”

Ahrenholtz v. Time Ins. Co., 968 P.2d 946 (Wyo. 1998). · cites it 5× “Attorneys’ Fees Ahrenholtz contends that the district court erred in denying his claim for attorneys’ fees and interest pursuant to Wyo. Stat. § 26-15-124. That statute provides: *952 (a) Claims for benefits under a .”

Show all 37 citing cases →

— Wyo. Stat. § 26-15-124(a) — 3 cases

State Farm Mut. Auto. Ins. Co. v. Shrader, 882 P.2d 813 (Wyo. 1994). “Attorney's Fees State Farm disputes the right of the Shraders to recover attorney's fees for breach of the statutory duties stated in Wyo. Stat. § 26-15-124. State Farm broadly contends that the insured seeking to recover on a claim for benefits under uninsured motorist coverage…”

Doctors' Co. v. Ins. Corp. of Am., 864 P.2d 1018 (Wyo. 1993).

Darlow v. Farmers Ins. Exch., 822 P.2d 820 (Wyo. 1991).

— Wyo. Stat. § 26-15-124(b) — 1 case

Herrig v. Herrig, 844 P.2d 487 (Wyo. 1992). “Whether Appellants may assert a private cause of action against Farmers Insurance for an alleged violation of Wyo.Stat. § 26-15-124 (1991), the unreasonable-claim-denial provision of the Wyoming Insurance Code; and 4.”

— Wyo. Stat. § 26-15-124(c) — 12 cases

Stewart Title Guar. Co. v. Tilden, 2005 WY 53 (Wyo. 2005). “What is the plain and ordinary meaning of “judgment” as used in Wyo. Stat. § 26-15-124(c)? II. Was Appellee entitled to judgment as a matter of law on his claim for attorney’s fees under Wyo.”

McCullough v. Golden Rule Ins. Co., 789 P.2d 855 (Wyo. 1990). “26-13-101 through 26-13-124 and an attorney’s fees and interest recovery statute, W.S. 26-15-124(c) 3 . The attack on the utilization of first-party bad faith cuts to the fundamental difference between third-party and first-party situations focusing on the adversarial nature of…”

St. Paul Fire & Marine Ins. v. City of Green River, 93 F. Supp. 2d 1170 (D. Wyo. 2000).

— Wyo. Stat. § 26-15-124(e) — 3 cases

Davis v. State, 910 P.2d 555 (Wyo. 1996). “A claim that Wyo.Stat. § 26-15-124 (1983) had been violated; 1 9.”

Kersh v. Bd. of Cnty. Commissioners, 851 F. Supp. 1541 (D. Wyo. 1994).

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