(a) No claim of any nature whatsoever that is directly related to the receivership of an insurer shall arise against and no liability shall be imposed upon, the Insurance Commissioner, special deputy commissioner, or any person or entity acting as a receiver of an insurer, including surety, in rehabilitation, liquidation or conservation as a result of a court order issued on or after the effective date of this article for any statement made or actions taken or not taken in the good faith exercise of their powers under law. However, this immunity shall not extend to acts or omissions which are malicious or grossly negligent. This qualified immunity extends to agents and employees of the receiver.
(b) In any civil proceeding filed against a special deputy commissioner appointed pursuant to this article, the special deputy commissioner shall be entitled to be represented by the Attorney General.
Structure West Virginia Code
Article 10. Rehabilitation and Liquidation
§33-10-2. Jurisdiction, Venue and Appeal of Delinquency Proceedings; Exclusive Remedy
§33-10-3. Court's Seizure Order
§33-10-4. Injunctions and Other Orders
§33-10-4a. Commencement of Formal Delinquency Proceeding
§33-10-4b. Return of Summons and Summary Hearing
§33-10-4c. Proceedings for Expedited Trial, Continuances, Discovery, Evidence
§33-10-4d. Decision and Appeals
§33-10-5. Grounds for Rehabilitation of Domestic Insurers
§33-10-6. Grounds for Liquidation
§33-10-7. Grounds for Conserving Assets of Foreign Insurers
§33-10-8. Grounds for Conserving Assets of Alien Insurers
§33-10-9. Grounds for Ancillary Liquidation of Foreign Insurers
§33-10-10. Order of Rehabilitation
§33-10-11. Order of Liquidation of Domestic Insurer
§33-10-12. Order of Liquidation of Alien Insurers
§33-10-13. Order of Conservation or Ancillary Liquidation of Foreign or Alien Insurers
§33-10-14. Conduct of Delinquency Proceedings Against Domestic or Alien Insurers
§33-10-15. Conduct of Delinquency Proceedings Against Foreign Insurers
§33-10-16. Claims of Nonresidents Against Domestic Insurers
§33-10-17. Claims Against Foreign Insurers
§33-10-19. Priority of Certain Claims
§33-10-19a. Priority of Distribution
§33-10-20. Attachment, Garnishment or Execution
§33-10-21. Uniform Insurers Liquidation Act
§33-10-22. Deposit of Moneys Collected
§33-10-23. Exemption of Commissioner From Fees
§33-10-24. Borrowing on Pledge of Assets
§33-10-25. Date Rights Fixed on Liquidation
§33-10-26. Voidable Preferences and Liens
§33-10-26a. Fraudulent Transfers Prior to Petition
§33-10-26b. Recoupment From Affiliates
§33-10-26c. Fraudulent Transfer After Petition
§33-10-26d. Claims of Holders of Void or Voidable Rights
§33-10-29. Allowance of Certain Claims
§33-10-30. Time Within Which Claims to Be Filed
§33-10-31. Report for Assessment Against Members or Subscribers of Mutual or Reciprocal Insurers
§33-10-33. Order to Pay Assessment
§33-10-34. Publication and Service of Assessment Order
§33-10-35. Judgment Upon the Assessment
§33-10-36. Early Access to Distribution
§33-10-37. Distribution of Assets
§33-10-38. Unclaimed and Withheld Funds; Termination of Proceedings
§33-10-39. Immunity in Receivership Proceedings and Representation of the Special Deputy Supervisor