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Wyoming Ins. Guar. v. Allstate Indem.12/21/1992
requirement in Wyo. Stat. ยง 26-31-111(a) is first applied. King, 601 P.2d 273. See also Caroll J. Miller, Annotation, Validity, Construction, and Effect of Statute Establishing Compensation for Claims Not Paid Because of Insurer's Insolvency, 30 A.L.R.4th 1110, 1139 (1984) and cases cited therein regarding first use of other insurance vehicle policy coverage.
Because I would find that WIGA does not provide a source of "collectible insurance" under the express provisions in Section I of the Allstate policy and within the persuasive framework of existing statutory and case law, we should hold that the Allstate policy, which provided insurance for the liability protection of the injured bicyclist, should first be exhausted before resort to the state fund would be proper.
I would reverse.
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