HILL, Justice.
[¶ 1] Darrell Menapace filed a medical malpractice complaint against Memorial Hospital of Sweetwater County (the Hospital) alleging the Hospital was vicariously liable for the acts or omissions of a physician who worked at the hospital as an independent contractor. The Hospital moved for summary judgment on the ground that the physician was not a Hospital employee and the Hospital was therefore immune from liability for his acts or omissions. The district court found that the Hospital waived its immunity by purchasing liability insurance and on that basis denied
[¶ 2] The Hospital states the issue on appeal as:
[¶ 3] Memorial Hospital of Sweetwater County is a government entity operating in Rock Springs, Wyoming. The Hospital carries a liability insurance policy, issued by UMIA Insurance, Inc. (the UMIA Policy), which includes the following coverage for medical professional liability claims against the Hospital:
[¶ 4] In 2012, the Hospital entered into a contract with EmCare, Inc., which provided that for a period of three years, EmCare would be the exclusive provider of hospitalist physician services for the Hospital. One of the hospitalist physicians provided pursuant to that contract was Dr. Lin Miao. Dr. Miao was not an EmCare employee, but was a locum tenens physician provided by EmCare to cover EmCare shifts at the Hospital.
[¶ 5] On June 6, 2013, Darrell Menapace was admitted to the Hospital with complaints of numbness and cramping in his legs and an inability to walk and was seen by Dr. Miao. Dr. Miao did not request a vascular consult and discharged Mr. Menapace on June 8, 2013. On June 11, 2013, Mr. Menapace saw a nurse practitioner, Angela Slinden, who scheduled him for a vascular consult to take place two and a half days later. On June 12, 2013, Mr. Menapace self-referred to the University of Utah where he was diagnosed with acute limb ischemia, sepsis, and acute renal failure, and underwent emergent bilateral above the knee amputations.
[¶ 6] On May 6, 2015, Mr. Menapace filed a complaint against the Hospital, Dr. Miao, and Angela Slinden.
[¶ 7] On June 30, 2016, the Hospital moved for partial summary judgment against Mr. Menapace's vicarious liability claims. In support of the motion, the Hospital asserted that under the Wyoming Governmental Claims Act (WGCA), the Hospital "cannot be held
[¶ 8] On December 7, 2016, the Hospital filed a timely Notice of Appeal to this Court.
[¶ 9] We review the district court's summary judgment ruling de novo:
Halling v. Yovanovich, 2017 WY 28, ¶ 12, 391 P.3d 611, 616 (Wyo. 2017).
[¶ 10] This appeal requires that we interpret an insurance policy, which is a question of law for this Court. North Fork Land & Cattle, LLLP v. First Am. Title Ins. Co., 2015 WY 150, ¶ 10, 362 P.3d 341, 345 (Wyo. 2015). We interpret insurance policies in the same manner as any other contract. North Fork Land & Cattle, ¶ 14, 362 P.3d at 346. Our review begins with the document's plain language, and
Gumpel v. Copperleaf Homeowners Ass'n, Inc., 2017 WY 46, ¶ 29, 393 P.3d 1279, 1290 (Wyo. 2017) (quoting Thornock v. PacifiCorp, 2016 WY 93, ¶ 13, 379 P.3d 175, 180 (Wyo. 2016)).
[¶ 11] The question on summary judgment, and now on appeal, is whether the Hospital is vicariously liable for the acts or omissions of its apparent agent, Dr. Miao, in his treatment of Mr. Menapace.
[¶ 13] In this appeal, we are concerned with the tort liability that the WGCA imposes on governmental entities and with the WGCA provisions authorizing governmental entities to purchase insurance. We begin with the provisions imposing tort liability. The WGCA provides:
Wyo. Stat. Ann. § 1-39-104(a) (LexisNexis 2017) (emphasis added).
[¶ 14] This Court has long recognized that the WGCA is a "close-ended" claims act, meaning "a claim is barred unless it falls within one of the statutory exceptions." Pfeifle, ¶ 20, 317 P.3d at 579 (citing cases). The statutory exceptions identified in section 104(a) specifically define a governmental entity's liability in particular areas of governmental operations, including: operation of motor vehicles, aircraft or watercraft (§ 105); operation or maintenance of any building, recreation area, or public park (§ 106); operation of airports (§ 107); operation of public utilities and services (§ 108); operation of public hospital or outpatient health care (§ 109); negligence of health care providers who are public employees or providing service to a state institution or county jail (§ 110)
[¶ 15] As is made clear by section 104 of the WGCA, sections 105 through 112 are the provisions of the Act that create exceptions to immunity and define a governmental entity's liability. The other WGCA provision we must consider is section 118, which authorizes any governmental entity to purchase liability insurance to cover "all or any portion" of the liability imposed under the WGCA. Wyo. Stat. Ann. § 1-39-118(b). Section 118(b) further provides, in relevant part:
Wyo. Stat. Ann. § 1-39-118(b)(i) (LexisNexis 2017) (emphasis added).
[¶ 16] Against this backdrop of the WGCA provisions defining governmental liability and allowing a governmental entity to purchase liability insurance, we turn to our consideration of the UMIA Policy and its effect on the Hospital's liability.
[¶ 17] The disputed provision of the UMIA Policy provides coverage for "any claim or claims * * * arising out of the performance of medical professional services rendered or which should have been rendered * * * by the insured or by any person for whose acts or omissions the insured is legally responsible." The parties' disagreement centers on the phrase "any person for whose acts or omissions the insured is legally responsible." Mr. Menapace contends, and the district court agreed, that the term "legally responsible" extends the Hospital's liability
[¶ 18] To determine the extent of the Hospital's coverage under the UMIA Policy, we must determine who qualifies as any person for whose acts or omissions the Hospital is "legally responsible."
Wyo. Bank and Trust Co. v. Waugh, 606 P.2d 725, 730 (Wyo. 1980).
[¶ 19] Paraphrased, then, the UMIA Policy covers claims against the Hospital for its acts or omissions, as the insured, and for the acts or omissions of any person for whose acts or omissions the Hospital is legally liable. Because the Hospital is a governmental entity, and its legal liability is defined and limited by the WGCA, we must conclude the use of the phrase "any person for whose acts or omissions" the Hospital "is legally responsible" in the UMIA Policy does no more than provide coverage for the Hospital's liability under the WGCA. The coverage is not an expansion of the Hospital's liability.
[¶ 20] The district court rejected this interpretation for a number of reasons. First, the court found the interpretation to be circular, stating that "[u]nder [this] interpretation, [the Hospital] is immune if there is no coverage and there is no coverage (the insurance exception does not apply) if [the Hospital] is immune (if it is not "legally responsible")." Second, the court found the interpretation "ignores the purpose of insurance under the [WGCA]: not only to cover risks for which the exceptions to immunity are provided under the [WGCA], but also to extend the governmental entity's liability." Third, the court reasoned:
[¶ 21] We reject the district court's reasoning as contrary to the structure and terms of the WGCA. First, the court's view that there is a circularity in referring to the WGCA to determine whether the Hospital is "legally responsible" is based on an incorrect assumption that section 118(b)(i) is itself an exception to immunity or creates liability. The
[¶ 22] For similar reasons, we reject the district court's assertion that limiting coverage under the UMIA Policy to the Hospital's liability under the WGCA ignores section 118's purposes. The district court starts from a faulty premise by characterizing section 118 as having a dual purpose of providing coverage for liability under the WGCA and extending that liability. These purposes could be attributed to section 118 if it mandated coverage and mandated extended coverage, but it does not.
[¶ 23] Section 118(b) allows a governmental entity to purchase liability insurance to cover "all or any portion" of its liability under the WGCA, and Section 118(b)(i) allows a governmental entity to extend its liability to the extent of coverage. Both aspects of Section 118 are entirely permissive. A governmental entity may elect to purchase insurance or not, extend its liability or not. It thus does not run afoul of section 118 or its aims if a governmental entity purchases liability insurance that does not extend its liability or if an insurance policy is interpreted to cover only that liability found in WGCA sections 105 through 112.
[¶ 24] With respect to the district court's final observation, that our interpretation renders meaningless the coverage for "any person for whose acts or omissions" the Hospital "is legally responsible," we again disagree. This language may very well be a "belt and suspenders" approach to coverage, making allowance for the possibility that the WGCA may be amended or judicially interpreted to expand the Hospital's liability beyond the acts or omissions of its employees. Additionally, section 110(a) of the WGCA provides:
Wyo. Stat. Ann. § 1-39-110(a) (LexisNexis 2017).
[¶ 25] It is not inconceivable that the Hospital could provide services covered by this liability, such as services to a county jail. Were such services provided, the category of persons for whose acts or omissions the Hospital is legally responsible may in turn be enlarged. We understand the speculative nature of our observations, and we do not purport to state with any certainty what liability the "any person" coverage is intended to cover. Our point is only that the language is not rendered meaningless by declining to read the term "apparent agents" into the coverage for "any person whose acts or omissions the insured is legally responsible."
[¶ 26] In reaching this conclusion, we must again emphasize that a government entity's purchase of liability insurance is not an absolute or complete waiver of immunity. The purchase of insurance extends liability only to the extent of the insurance coverage. Wyo. Stat. Ann. § 1-39-118(b)(i) (LexisNexis 2017). With enactment of the WGCA, the Wyoming legislature clearly defined a governmental entity's legal liability, and if a governmental entity's insurance does no more than cover claims for which the entity is "legally liable," or "legally responsible," we are unwilling to read additional terms into that coverage to expand the entity's liability. The UMIA Policy could easily have used the terms "apparent agent" or "independent contractor," or both, in defining the Hospital's coverage. Instead, it provided coverage for "any person for whose acts or omissions" the Hospital "is legally responsible." Such language does not extend the Hospital's liability and instead does no more than cover the Hospital's existing liability under the WGCA.
Pfeifle, ¶ 26, 317 P.3d at 580. n.2.
[¶ 28] The Hospital's liability insurance did not provide coverage for liability beyond the liability defined by the WGCA, and it therefore did not extend the Hospital's liability to include liability for its apparent agents. We therefore reverse the decision of the district court and remand for entry of an order granting the Hospital's motion for partial summary judgment.
DAVIS, Justice, specially concurring.
[¶ 29] I concur in the result reached by the majority on this record, but I have additional reasons for doing so. The insurance policy in this case, with all endorsements, encompasses 86 pages, and so there are many exclusions, definitions, limitations, and provisions of various kinds. This claim falls under Coverage A, "HEALTHCARE SYSTEM MEDICAL PROFESSIONAL LIABILITY." The general covering language, as set forth in the majority opinion, is as follows:
[¶ 30] I do not find this language, read in isolation, to be clear. Both parties' interpretations seem circular, and depart from the assumed absence or presence of coverage. However, I think the definition of the term "insured" provides clarity which breaks the impasse and makes resorting to rules of contract interpretation unnecessary. We read an insurance contract as a whole before deciding whether it is ambiguous. Continental Western Ins. Co. v. Black, 2015 WY 145, ¶ 18, 361 P.3d 841, 847(Wyo. 2015).
[¶ 31] On the declaration page of the policy, the "named insured" is, unsurprisingly, Memorial Hospital of Sweetwater County. The term "insured" is further defined in the policy:
[¶ 32] I understand that this provision makes employees additional insureds — they would be covered if they were sued, even if the hospital was not. However, the policy clearly does not cover any medical doctor who is not endorsed, even if that physician is actually an employee.
[¶ 33] I believe the language clarifies that the policy does not cover medical doctors who are not employees, and then only those specifically endorsed. While this result would be unfortunate for a nongovernmental hospital under Sharsmith v. Hill, 764 P.2d 667, 671-72 (Wyo. 1988), in this case there is no waiver of Sweetwater County Memorial Hospital's immunity under the Wyoming Governmental Claims Act because the hospital has not purchased insurance coverage for ostensible agents who are medical doctors. Wyo. Stat. Ann. § 1-39-118(b)(i) (LexisNexis 2017); Campbell County Mem'l Hosp. v. Pfeifle, 2014 WY 3, ¶ 29, 317 P.3d 573, 580-81 (Wyo. 2014). I therefore agree with the result reached by the majority.