VictimsGuide • Wyoming Law & Case Authorities

Wyoming Case Authority Library

A research index of Wyoming statutes and judicial decisions governing automobile insurance, crash liability, UM/UIM coverage, claims handling, policy interpretation, insured status, settlement, damages and related recovery issues.

Research Index — Citator Review Required for Litigation Use These authorities have been collected and source-checked for public legal education. Before relying on an authority in litigation, independently confirm the official opinion, pinpoint citation, subsequent history, statutory amendments and current treatment through an appropriate legal citator.

How This Library Classifies Authority

Tier 1 Wyoming Supreme Court authority directly addressing the issue.
Tier 2 Federal authority applying Wyoming law or useful cross-line Wyoming insurance authority.
Statutory Current Wyoming statutes forming the controlling legislative framework.
Historical / Limited Useful background, procedural authority or authority operating under superseded statutory law.

Principal Wyoming Doctrinal Chains

Coverage Disclosure

Darlow Shrader Cathcart Bergantino

First-Party Bad Faith

McCullough Darlow Hatch Shirley Matlack

UM/UIM & Stacking

Ramsour Stamper Aaron Bergantino

Mandatory Coverage / Exclusions

Allstate Martin Pribble

Agent / Procurement Duties

Hursh Arrow Feather Gordon Broderick

Third-Party Failure to Settle

Fowler Herrig Jarvis GAINSCO

Crash Liability

Oberson Roberts Cardenas Bunning

Duty to Defend

Aetna First Wyoming Bank Shoshone First Bank Matlack

Current Statutory Framework

W.S. § 1-1-109 Comparative fault and several liability.
W.S. §§ 1-38-101 to 1-38-103 Wrongful death, representative, damages and limitations.
W.S. §§ 1-39-105, 113, 114 & 118 Government vehicle waiver, claims procedure, action deadline and governmental liability limits.
W.S. § 26-13-124 Unfair claims settlement practices.
W.S. § 26-15-124 Property and casualty claim-payment timing.
W.S. §§ 31-9-102 & 31-9-405 Financial responsibility and minimum auto liability insurance.
W.S. §§ 31-10-101 to 31-10-104 Uninsured-motorist coverage and subrogation.
W.S. §§ 31-20-107 to 31-20-110 Transportation network company insurance and disclosure.
W.S. §§ 31-5-1105 & 31-5-1106 Crash reporting and investigation.
W.S. § 31-5-1208 Traffic convictions inadmissible in a civil action.
W.S. § 31-5-1402(f) Seatbelt nonuse inadmissible in a civil action.

Search the Case Authority Index

Tier 1 Bad Faith

McCullough v. Golden Rule Insurance Co.

1990 WY 35, 789 P.2d 855

Foundational Wyoming first-party bad-faith case. Establishes the absence-of-reasonable-basis plus knowledge/reckless-disregard framework and the objective fairly-debatable standard.

Tier 1 Coverage Disclosure

Darlow v. Farmers Insurance Exchange

1991 WY 157, 822 P.2d 820

Auto/MedPay authority applying first-party bad-faith principles and recognizing circumstances in which an insurer must inform its insured about available policy coverage.

Tier 1 UM

State Farm v. Shrader

1994 WY 89, 882 P.2d 813

Major UM authority permitting direct action against the UM carrier and forming part of Wyoming's coverage-disclosure and first-party good-faith line.

Tier 1 Disclosure

Cathcart v. State Farm

2005 WY 154, 123 P.3d 579

Principal first-party UM coverage-disclosure case. Emphasizes the insurer's duty to inform its insured of the extent of available coverage before settlement, particularly when the insured lacks that knowledge.

Tier 1 UIM

Bergantino v. State Farm

2021 WY 138, 500 P.3d 249

Modern UIM authority enforcing the policy's definition of underinsured vehicle while reaffirming Wyoming's insurance-contract and coverage-information principles.

Tier 1 UIM

Broderick v. Dairyland Insurance Co.

2012 WY 22, 270 P.3d 684

Confirms Wyoming does not statutorily mandate UIM and warns that requesting “full coverage” does not create insurance absent from the written policy.

Tier 1 Stacking

Aaron v. State Farm

2001 WY 112, 34 P.3d 929

Principal Wyoming multiple-policy UIM stacking case. Requires clear limitations on aggregation and rejects repeated credit for a single tortfeasor payment.

Tier 1 Stacking

Ramsour v. Grange Insurance Association

541 P.2d 35 (Wyo. 1975)

Foundational inter-policy UM stacking authority. Separate coverage may contribute toward actual uncompensated damages but cannot produce recovery above the actual loss.

Tier 1 Anti-Stacking

Commercial Union Insurance Co. v. Stamper

732 P.2d 534 (Wyo. 1987)

Principal intra-policy stacking case. Enforces clear language limiting recovery despite several covered vehicles under one policy.

Tier 1 UIM

State ex rel. Farmers v. District Court

1993 WY 4, 844 P.2d 1099

UIM authority involving policy treatment where tortfeasor liability limits and UIM limits were equal.

Tier 1 Settlement

Eklund v. Farmers Insurance Exchange

2004 WY 24, 86 P.3d 259

UIM carrier that preserved its rights and did not participate in the tort settlement was not automatically bound by stipulated damages.

Tier 1 UM

Ulrich v. USAA

839 P.2d 942 (Wyo. 1992)

Addresses the causal nexus required for UM coverage arising out of ownership, maintenance, or use of a vehicle.

Tier 1 Bad Faith

Hatch v. State Farm

1992 WY 172, 842 P.2d 1089

Investigation matters to the fairly-debatable inquiry. An insurer cannot avoid scrutiny by failing to develop or recklessly ignoring facts necessary to evaluate the claim.

Tier 1 Bad Faith

Farmers Insurance Exchange v. Shirley

1998 WY 63, 958 P.2d 1040

MedPay and delay authority addressing bad-faith damages, emotional injury, and the higher showing required for punitive damages.

Tier 1 Bad Faith / Defense

Matlack v. Mountain West Farm Bureau

2002 WY 60, 44 P.3d 73

Important bad-faith and duty-to-defend authority addressing potentially covered allegations and Wyoming's insurance standards.

Tier 1 Policy Interpretation

Doctors' Co. v. Insurance Corp. of America

1993 WY 151, 864 P.2d 1018

Foundational Wyoming policy-interpretation authority: plain meaning, policy as a whole, ambiguity against the insurer, but no manufactured ambiguity.

Tier 1 Public Policy

Allstate Insurance Co. v. Wyoming Insurance Department

672 P.2d 810 (Wyo. 1983)

Compulsory-insurance authority preventing household exclusions from eliminating Wyoming's statutory minimum liability protection.

Tier 1 Exclusions

Martin v. Farmers Insurance Exchange

1995 WY 64, 894 P.2d 618

Enforces clear household exclusion above Wyoming's statutory minimum while preserving the compulsory-insurance floor.

Tier 1 Exclusions

Pribble v. State Farm

1997 WY 32, 933 P.2d 1108

Reaffirms enforceability of clear household exclusions above the mandatory minimum and limits reasonable-expectations arguments where policy language is unambiguous.

Tier 1 Notice-Prejudice

Century Surety Co. v. Jim Hipner, LLC

2016 WY 81, 377 P.3d 784

Adopts Wyoming's notice-prejudice rule and demonstrates that public policy can override clear policy language purporting to eliminate coverage solely for late notice.

Tier 1 Agent Liability

Hursh Agency, Inc. v. Wigwam Homes, Inc.

664 P.2d 27 (Wyo. 1983)

Foundational failure-to-procure authority requiring reasonable skill, care, and diligence when an agent undertakes to obtain specified insurance.

Tier 1 Agent Duty

Gordon v. Spectrum, Inc.

1999 WY 75, 981 P.2d 488

Ordinary insurance agents have no universal continuing duty to discover every coverage gap; a special relationship may alter the analysis.

Tier 1 Duty to Read

Feather v. State Farm

1994 WY 48, 872 P.2d 1177

Automobile authority applying the duty to read insurance documents and addressing newly acquired vehicle coverage.

Tier 1 Vehicle Ownership

Mendenhall v. Mountain West

2012 WY 46, 274 P.3d 407

Certificate of title is important but not necessarily conclusive proof of actual vehicle ownership for coverage analysis.

Tier 1 Permission

Phoenix Assurance Co. v. Latta

373 P.2d 146 (Wyo. 1962)

Implied permission may arise from course of conduct and surrounding circumstances.

Tier 1 Permission

Wyoming Farm Bureau v. May

434 P.2d 507 (Wyo. 1967)

Express restrictions on permission can prevent a first permittee from extending insured use to a second driver.

Tier 1 Rental Vehicle

Jack v. Enterprise Rent-A-Car

1995 WY 125, 899 P.2d 891

Rejects automatic rental-owner liability while recognizing that independent negligent-entrustment theories require their own proof.

Tier 1 Employer Liability

Shafer v. TNT Well Service, Inc.

2012 WY 126, 285 P.3d 958

Treats negligent entrustment as an independent theory rather than merely another label for respondeat superior.

Tier 1 Comparative Fault

Oberson v. Shreeve

1983 WY 129, 672 P.2d 1294

Comparative-fault authority demonstrating that a traffic violation does not eliminate comparative analysis of the conduct of all drivers.

Tier 1 Sudden Emergency

Roberts v. Estate of Randall

2002 WY 115, 51 P.3d 204

Treats sudden emergency as a circumstance within ordinary reasonable-care analysis; the driver cannot negligently create the emergency relied upon.

Tier 1 Negligence

Cardenas v. Fossen

2024 WY 117

Collision or loss of control does not itself compel a negligence finding when the circumstances permit more than one reasonable inference.

Tier 1 Current Auto Authority

Bunning v. Romero

2026 WY 40

Current motor-vehicle comparative-fault authority. A preferred driver with the right of way still owes reasonable care, and speeding or unsafe driving can support fault allocation.

Tier 1 Medical Damages

Banks v. Crowner

1985 WY 10, 694 P.2d 101

Supports recovery of the reasonable value of necessary medical services even where the services were furnished gratuitously.

Tier 1 Future Damages

Rudy v. Bossard

2000 WY 30, 997 P.2d 480

Future medical damages may be submitted when the substance of the evidence establishes that future care is more likely than not.

Tier 1 Earning Capacity

Union Pacific Railroad v. Richards

1985 WY 82, 702 P.2d 1272

Distinguishes impairment of future earning capacity from actual wages already lost.

Tier 1 Consortium

Weaver v. Mitchell

1986 WY 72, 715 P.2d 1361

Recognizes spousal loss of consortium and its derivative relationship to the injured spouse's comparative fault.

Tier 1 Release

Kendrick v. Barker

2001 WY 2, 15 P.3d 734

Principal settlement-finality warning. A negotiated personal-injury settlement may remain enforceable despite later discovery of a more serious injury.

Tier 1 Settlement Credit

Haderlie v. Sondgeroth

1993 WY 155, 866 P.2d 703

Modern post-joint-liability settlement authority rejecting an automatic dollar-for-dollar credit where settled actors were assigned no fault.

Tier 1 Subrogation

Stilson v. Hodges

1997 WY 35, 934 P.2d 736

Automobile subrogation and assignment authority involving medical payments and an insurer's asserted interest in tort recovery.

Tier 1 Wrongful Death

Knowles v. Corkill

2002 WY 119, 51 P.3d 859

Principal wrongful-death damages authority distinguishing loss of probable future companionship, society and comfort from nonrecoverable grief or mental anguish as separate damage categories.

Tier 1 Wrongful Death / UM

Farmers Insurance Exchange v. Dahlheimer

2000 WY 74, 3 P.3d 820

Multiple wrongful-death beneficiaries did not multiply the UM per-person limit where only the decedent sustained bodily injury.

Tier 1 Government Vehicle

Hamlin v. Transcon Lines

1985 WY 74, 701 P.2d 1139

Foundational governmental motor-vehicle waiver authority under the Wyoming Governmental Claims Act.

Tier 1 Police Vehicle

DeWald v. State

1986 WY 120, 719 P.2d 643

Police-pursuit authority demonstrating that waiver of immunity does not eliminate the need to prove negligence and proximate causation.

Tier 1 Government Limits

Bain v. City of Cheyenne

2025 WY 67, 570 P.3d 725

Modern authority upholding the Governmental Claims Act's individual liability limitation as a boundary on Wyoming's waiver of sovereign immunity.

Tier 1 Duty to Defend

Aetna Insurance Co. v. Lythgoe

618 P.2d 1057 (Wyo. 1980)

Foundational Wyoming rule that the duty to defend is broader than the ultimate duty to indemnify.

Tier 1 Duty to Defend

First Wyoming Bank v. Continental Insurance Co.

1993 WY 126, 860 P.2d 1094

Final rehearing opinion. Compares underlying allegations to policy coverage and confirms that pleading labels do not manufacture a covered occurrence.

Tier 1 Defense Costs

Shoshone First Bank v. Pacific Employers

2000 WY 126, 2 P.3d 510

One potentially covered claim can require defense of the entire action; a reservation letter cannot unilaterally create a defense-cost reimbursement right absent policy support.

Tier 1 Failure to Settle

Western Casualty & Surety Co. v. Fowler

390 P.2d 602 (Wyo. 1964)

Foundational third-party failure-to-settle authority requiring intelligent, honest judgment and appropriate consideration of the insured's personal exposure.

Tier 1 Third-Party Bad Faith

Herrig v. Herrig

1992 WY 185, 844 P.2d 487

Insurer's good-faith duty runs to its insured, not the adverse claimant; Wyoming's unfair-claims statute does not create an implied private third-party action.

Tier 1 Excess Exposure

Jarvis v. Farmers Insurance Exchange

1997 WY 131, 948 P.2d 898

Declines to extend Wyoming's traditional failure-to-settle tort where the insured never became subject to a qualifying excess judgment.

Tier 1 Settlement Architecture

GAINSCO Insurance Co. v. Amoco Production Co.

2002 WY 122, 53 P.3d 1051

Major failure-to-settle authority addressing objective settlement evaluation, assignment of insured rights, excess judgments and covenants not to execute.

Federal Cases Applying Wyoming Law

Use With the Correct Authority Label Federal decisions applying or predicting Wyoming law can be highly useful, but they should not be presented as Wyoming Supreme Court holdings.
Tier 2 — Federal

Curtis v. State Farm

591 F.2d 572 (10th Cir. 1979)

Federal authority applying Wyoming permission principles in a second-permittee automobile coverage dispute.

Tier 2 — Federal

State Farm v. Dyer

19 F.3d 514 (10th Cir. 1994)

Federal decision applying Wyoming law to permissive-user and employee/fellow-employee exclusion issues.

Tier 2 — Federal

Liberty Mutual v. Cincinnati Insurance Co.

10th Cir. — 2026

Current federal application of Wyoming's potential-coverage duty-to-defend framework.

Historical & QC Cautions

Do Not Flatten Wyoming Law Across Time Wyoming's comparative-fault and several-liability statutes changed the effect of older contribution and settlement-credit authorities. Older decisions applying repealed statutes should be used as historical background only unless their proposition remains independently valid.
  • Use Haderlie rather than pre-1986 contribution cases for the modern settlement-credit structure.
  • Use the final rehearing opinion in First Wyoming Bank, 1993 WY 126, rather than the superseded earlier opinion.
  • Ragsdale v. Hartford is procedural: the appeal was dismissed as untimely and is not a merits holding on the disputed subrogation issue.
  • Federal cases such as Dyer and Curtis must be labeled federal authority applying Wyoming law.
  • Do not treat absence of a case in this library as proof that no Wyoming authority exists.

Wyoming Citizen Guides

Public education and research index only. This library is designed to help citizens identify relevant Wyoming legal authorities and understand how the authorities fit together. It is not a substitute for legal advice, statutory updating, official-opinion review, Shepard's, KeyCite or other professional citation analysis before an authority is relied upon in litigation.

Research status: September 2026.