CHAPTER V

COVERAGES UNDER LOCAL GOVERNMENT SELF INSURANCE PROGRAM

  Section 1. Purpose of the Program. To handle claims made under the Wyoming Governmental Claims Act and claims arising under 42 U.S.C.s 1983 or other federal statutes. Coverage shall be provided only for such claims.

  Section 2. Scope of participation. Participants shall enroll in the program for all coverages required under the Governmental Claims Act and this act. No participant shall be allowed to choose only a portion of coverages.

  Section 3. Authorized Expenditures from Local Government Insurance Account. Upon approval of the risk manager, expenditures from the local government insurance account shall be made for the following items and under the following conditions:

  (a) For claims which have been settled or reduced to final judgment as set forth in W.S. 1-42-103 (c).

  (b) Unless the act or omission upon which a claim is based is determined bythe court or jury to be within the public employee's scope of duty, no funds shall be expended from the local government insurance account in payment of the final judgment against the public employee. This paragraph shall not apply to cases which are settled prior to judgment.

  (c) The local government insurance account shall be limited to payment of no more than five hundred thousand dollars ($500,000.00) for any one (1) occurrence plus loss adjustment expenses. Participating local governments shall be responsible for the amount of any adjudicated claims and expenses in excess of this amount.

  (d) Not withstanding any other provision of this act, no expenditure shall be made out of the Local Government insurance account in any action to pay any claim or final money judgment for exemplary or punitive damages.

  (e) Nothing under these rules or the certificate shall be deemed to:

    (i) Increase the limits of liability under W.S. 1-39-118 for claims brought under the Wyoming Governmental Claims Act;

    (ii) Affect the liability of a participating local government or any of its public employees on any claim arising out of the same accident or occurrence; or

    (iii) Waive the protection of a local government or its public employees from liability where immunity has not been specifically waived.

  (f) Nothing in the act, these rules, or the certificate of participation shall be construed as subjecting the local government insurance account to the laws of the state regulating insurance or insurance companies.

  (g) Self-insurance provided under this act shall not be considered a purchase of insurance coverage and shall not be deemed an increase of the limits of liability under W.S. 1-39-118(b).

  (h) If other valid or collectible insurance is procured by a participant covering a loss also covered by LGSIP, the coverage provided under LGSIP shall not be excess of and shall not contribute with such other insurance. Participants may procure excess insurance. Nothing contained herein shall be construed to make these policies subject to the terms, conditions and limitations of other insurance.