The Legislature finds and declares that the political subdivisions of this state are unable to procure adequate liability insurance coverage at a reasonable cost due to: The high cost in defending such claims, the risk of liability beyond the affordable coverage, and the inability of political subdivisions to raise sufficient revenues for the procurement of such coverage without reducing the quantity and quality of traditional governmental services. Therefore, it is necessary to establish certain immunities and limitations with regard to the liability of political subdivisions and their employees, to regulate the insurance industry providing liability insurance to them, and thereby permit such political subdivisions to provide necessary and needed governmental services to its citizens within the limits of their available revenues.
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