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Wyoming Ins. Guar. v. Allstate Indem.12/21/1992
ring Insolvency is attached hereto as Exhibit "C" and incorporated herein by reference. Pursuant to its statutory duty, Wyoming Statutes § 26-4-101 et seq., Plaintiff Wyoming Insurance Guarantee Association (hereinafter referred to as "WIGA") agreed to defend and indemnify Herring.
During the course of said defense, Plaintiff WIGA learned that Herring was insured under Allstate Policy No. 017-171-172, 10/25, FC9-645479 issued to John and Janet Herring with liability limits of $100,000.00 each person, $300,000.00 each occurrence. A copy of the insurance policy with declarations page is attached hereto as Exhibit "D" and incorporated herein by reference. WIGA sent notice of the suit to Allstate with a request that Allstate defend the action. Allstate declined. There is no issue regarding the adequacy or timeliness of the notice. WIGA first made its demand for $14,912.48 by letter dated September 10, 1990. A copy of said letter is attached hereto as Exhibit "E" and incorporated herein by reference.
Civil Action No. 22844 was settled prior to trial with a payment of $10,000.00 by WIGA to Eigenberger. A copy of the Release of All Claims and Order of Dismissal are attached hereto as Exhibits "F" and "G" respectively and incorporated herein by reference. WIGA incurred $4,912.48 as costs of defense. The settlement amount and attorney's fees paid to Pence and MacMillan by WIGA in defense of Civil Action No 22844 are reasonable. The sole issue to be determined is whether WIGA or Allstate was required to defend and pay the loss in Civil Action No. 22844. If Allstate was required to defend and pay, Judgment in the amount of $14,912.48 plus seven percent (7%) prejudgment interest from September 10, 1990 should be entered against Allstate. If WIGA was required to defend and pay, Plaintiff's Complaint should be dismissed.
WIGA was created to assure that a policy holder would be protected in the event of the insolvency of an insurer. W.S. 26-31-101, -117 (1983); 19A John A. Appleman, Insurance Law and Practice § 10801 (1982); 2A Ronald A. Anderson, Couch on Insurance 2d § 22:27 (Rev. ed. 1984). Operating funds are generated by member assessments. W.S. 26-31-107 (1983). The duties and powers of WIGA are set out in W.S. 26-31-106 (1983):
(a) The association shall:
(i) Be obligated to the extent of the covered claims existing prior to the determination of insolvency and arising within thirty (30) days after the determination of insolvency, or before the policy expiration date if less than thirty (30) days after the determination, or before the insured replaced the policy or causes its cancellation, if he does so within thirty (30) days of the determination, but the obligation includes only that amount of each covered claim which exceeds one hundred dollars ($100.00) and is less than one hundred thousand dollars ($100,000.00), except that the association:
(A) Shall pay the full amount of any covered claim arising out of a worker's compensation policy; and
(B) Is not obligated to a policyholder or claimant in an amount exceeding the insolvent insurer's obligation under the policy from which the claim arises.
(ii) Be deemed the insurer to the extent of its obligation of the covered claims and to that extent has all rights, duties and obligations of the insolvent insurer as if the insurer were not insolvent;
(iii) As provided in W.S. 26-31-107 assess insurers' amounts necessary to pay the association's obligations under paragraph (i) of this subsection, subsequent to an insolvency, the expenses of handling covered claims subsequent to an insolvency, the cost of examinations under W.S. 26-31-112 and any o
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