(a) Real or personal property, and moneys, accounts, deposits, or investments of a political subdivision are not subject to execution, judicial sale, garnishment, or attachment to satisfy a judgment rendered against a political subdivision in a civil action to recover damages for injury, death, or loss to persons or property caused by an act or omission of the political subdivision or any of its employees.
(b) Such judgments shall be paid from funds of the political subdivisions that have been appropriated for that purpose. However, if sufficient funds are not currently appropriated for the payment of judgments, the fiscal officer of a political subdivision shall certify the amount of any unpaid judgments to the taxing authority of the political subdivision for inclusion in the next succeeding budget and annual appropriation measure and payment in the next succeeding fiscal year.
(c) If the judgment is obtained against a political subdivision that has procured a contract or policy of liability or indemnity insurance protection, the holder of the judgment may use the methods of collecting the judgment which are provided by the policy or contract or law to the extent of the limits of coverage provided.
Structure West Virginia Code
Chapter 29. Miscellaneous Boards and Officers
Article 12A. Governmental Tort Claims and Insurance Reform Act
§29-12A-1. Short Title; Purposes
§29-12A-2. Legislative Findings
§29-12A-4. Governmental and Proprietary Functions of Political Subdivisions; Liability for Damages
§29-12A-5. Immunities From Liability
§29-12A-6. Limitation of Actions; Specification of Amount of Damages Not Allowed
§29-12A-7. Punitive Damages Not Allowed; Limitation on Noneconomic Loss; Joint and Several Liability
§29-12A-9. Settlement or Defense of Suit; Effect of Liability Insurance
§29-12A-10. Enforcement of Judgment
§29-12A-11. Defense and Indemnification of Employees; Settlement
§29-12A-12. Recovery of Payments From Employees
§29-12A-13. Venue; Parties; Real Party in Interest; Service of Process
§29-12A-14. Application of West Virginia Laws and Statutes and Rules of Procedure
§29-12A-16. Procurement of Liability Insurance and Self-Insurance
§29-12A-17. Liability Insurance Rates; Rate Filings; Cancellations; Group Insurance