26-33-101. Definitions. (a) As used in this chapter: (i) “Account” means the medical liability compensation account; (ii) “Board” means the board of directors of the medical liability compensation account; (iii) “Health care” means any act or treatment performed or furnished, or which should have been performed or furnished, by any physician for, to, or on […]
26-33-102. Qualification. (a) To be qualified under this chapter, a physician shall annually purchase health care professional liability insurance coverage of not less than fifty thousand dollars ($50,000.00) per occurrence for any act, error or omission relating to medical care rendered during the policy year and pay the surcharge pursuant to W.S. 26-33-105(c). (b) A […]
26-33-103. Insurance coverage. A qualified physician shall be insured in a minimum amount of fifty thousand dollars ($50,000.00) against a claim for malpractice. Any award or settlement adjudicated or allowed on a malpractice claim in excess of fifty thousand dollars ($50,000.00) or limits of other underlying coverage if greater occurring during any year in which […]
26-33-104. Advance payments. Any advance payment a defendant physician or his insurer makes to or for the plaintiff, or any other person, is not an admission of liability for injuries or damages the plaintiff or anyone else suffers as to a claim for malpractice. Evidence of an advance payment is not admissible in a court […]
26-33-105. Medical liability compensation account. (a) There is created a medical liability compensation account, the monies of which shall be collected by the commissioner for exclusive use for the purposes stated in this chapter. The account and any investment income from it shall be held in trust and invested and reinvested by the state treasurer […]
26-33-106. Board created; membership; removal; terms; duties. (a) There is created a medical liability compensation account board which shall consist of six (6) members. The governor shall appoint four (4) members with the advice and consent of the senate. The state treasurer and the commissioner are the other voting members. The governor may remove any […]
26-33-107. Settlements. Any settlement of a claim against a physician exceeding fifty thousand dollars ($50,000.00) or limits of other underlying coverage if greater shall be carried out through agreement jointly by the claimant, the insurance carrier and the commissioner. If the claimant settles with the insurance carrier, without including the commissioner in the settlement agreement, […]
26-33-108. Payments from account. The state auditor, at the direction of the commissioner, shall issue a warrant in satisfaction of each claim submitted to him against the account after receipt of a certified copy of a final judgment from a court having jurisdiction, or a settlement agreement signed by a claimant, a qualified representative of […]
26-33-109. Contents of policies. Any policy issued under this chapter is presumed to comply with this chapter. The insurer assumes all obligations to pay an award imposed against its insured under this chapter and no policy termination by cancellation is effective unless at least ninety (90) days before the effective date of the cancellation both […]
26-33-110. Failure to pay claims. (a) If a professional liability insurer, in the regular course of business, fails to pay its portion of any judgment rendered against any physician or any other person insured under this chapter, the commissioner shall suspend that insurer’s certificate of authority until the portion of the judgment allocable to the […]
26-33-111. Exemption from Wyoming Insurance Guaranty Association Act. This chapter is exempt from and has no application to the Wyoming Insurance Guaranty Association Act.
