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WV Code § 29-12A-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-10. Enforcement of Judgment

(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.
WV Code § 29-12A-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-11. Defense and Indemnification of Employees; Settlement

(a) (1) Except as otherwise provided in this section, a political subdivision shall provide for the defense of an employee, in any state or federal court, in any civil action or proceeding to recover damages for injury, death, or loss to persons or property allegedly caused by an act or omission of the employee if the act or omission occurred or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or official responsibilities. Amounts expended by a political subdivision in the defense of its employees shall be from funds appropriated for this purpose or pursuant to the contractual agreement between the insurer and the political subdivision. The duty to provide for the defense of an employee specified in this subsection does not apply in a civil action or proceeding that is commenced by or on behalf of a political subdivision.(2) Except as otherwise provided in this section, a political subdivision shall indemnify and hold harmless an employee in the amount of any judgment that is obtained against the employee in a state or federal court or as a result of a law of a foreign jurisdiction and that is for damages for injury, death, or loss to persons or property caused by an act or omission of such employee, if at the time of the act or omission the employee was acting in good faith and within the scope of his employment or official responsibilities.(b) (1) A political subdivision may enter into a consent judgment or settlement and may secure releases from liability for itself or an employee, with respect to any claim for injury, death, or loss to persons or property caused by an act or omission of such political subdivision or employee.(2) No action or appeal of any kind shall be brought by any person, including any employee or a taxpayer, with respect to the decision of a political subdivision pursuant to subsection (b)(1) of this section whether to enter into a consent judgment or settlement or to secure releases, or concerning the amount and circumstances of a consent judgment or settlement. Amounts expended for any settlement shall be from funds appropriated for this purpose or pursuant to the contractual agreement between the insurer and the political subdivision.(c) If a political subdivision refuses to provide an employee with a defense in a civil action or proceeding as described in subsection (a)(1) of this section, the employee may file, in the circuit court of the county in which the political subdivision is located, an action seeking a determination as to the appropriateness of the refusal of the political subdivision to provide him or her with a defense under that subsection.
WV Code § 29-12A-12 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-12. Recovery of Payments From Employees

A political subdivision has the right to recover from an employee for any claim or action under this article, or any other claim or action, any payments made by it for any judgment or settlement, or portion thereof, and costs or fees by or on behalf of an employee's defense if it is shown that the conduct or the employee which gave rise to the claim or action was outside the scope of his employment or if the employee fails to cooperate in good faith in the defense of the claim or action. A judgment or settlement in an action or claim under this article constitutes a complete bar to any action by a claimant against an employee whose conduct gave rise to the claim resulting in such judgment or settlement.
WV Code § 29-12A-13 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-13. Venue; Parties; Real Party in Interest; Service of Process

(a) Actions against all political subdivisions within the scope of this article shall be brought in the county in which the situs of the political subdivision is located or in the county in which the cause of action arose.(b) Suits instituted pursuant to the provisions of this article shall name as defendant the political subdivision against which liability is sought to be established. In no instance may an employee of a political subdivision acting within the scope of his employment be named as defendant.(c) All actions filed against a political subdivision shall be filed in the name of the real party or parties in interest and in no event may any claim be presented or recovery be had under the right of subrogation.(d) In suits against political subdivisions, the complaint and summons shall be served in the manner prescribed by law for the rules of civil procedure.
WV Code § 29-12A-14 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-14. Application of West Virginia Laws and Statutes and Rules of Procedure

The laws and statutes of this state and the rules of civil procedure, as promulgated and adopted by the Supreme Court of Appeals, insofar as applicable and to the extent that such rules are not inconsistent with the provisions of this article, apply to and govern all actions brought under the provisions of this article.
WV Code § 29-12A-15 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-15. Exempt Claim

This article does not apply to any claim against any political subdivision or its employees arising before the effective date of this article. Any such claim may be presented and enforced to the same extent and subject to the same procedures and restrictions as if this article had not been adopted.
WV Code § 29-12A-17 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-17. Liability Insurance Rates; Rate Filings; Cancellations; Group Insurance

(a) Liability insurance coverage for political subdivisions in effect on the effective date of this article shall not be reduced without the written consent of the insured and the policy premiums for such coverage shall not be increased by more than ten percent per annum. Such coverage shall not be cancelled except for:(1) Failure to make premium payments in accordance with the policy requirements;(2) Fraud or substantial misrepresentation by the insured in the procurement of the policy; or(3) Substantial increase in the risk of loss to which the insurer is exposed under the policy.(b) Each casualty insurance rate filing relating to liability insurance for political subdivisions shall be accompanied by such information as the Insurance Commissioner requires to determine claims payouts, premium income, investment income, loss reserves, federal and state credits, administrative and operating expenses, profits, losses, and such other information deemed necessary by the commissioner to determine the profitability of such insurance business engaged in by the company. Based upon such information, the commissioner may approve or disapprove an increase in premiums charged to the political subdivisions for such coverage or may require that such premiums charged by decreased. The commissioner shall have authority to disapprove any casualty insurance rate filing which includes such coverage to political subdivisions for failure to provide the information prescribed herein.(c) Any two or more political subdivisions shall have authority to form an organization or association for the purpose of purchasing casualty insurance on a group or pooling basis.Any insurer licensed to transact casualty insurance in this state may issue group casualty insurance policies to any organization, association or pool which is organized and maintained under this section.(d) The Insurance Commissioner shall promulgate legislative rules or regulations pursuant to chapter twenty-nine-a of this code setting forth guidelines relating to rate filings, rates and cancellations with respect to insurance companies transacting policies of casualty insurance with political subdivisions and relating to establishment of associations or pools for the purchase of group insurance and the setting of group rates.
WV Code § 29-12A-18 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-18. Applicability

This article does not apply to, and shall not be construed to apply to, the following:(a) Civil actions that seek to recover damages from a political subdivision or any of its employees for contractual liability;(b) Civil actions by an employee, or the collective bargaining representative of an employee, against his or her political subdivision relative to any matter that arises out of the employment relationship between the employee and the political subdivision;(c) Civil actions by an employee of a political subdivision against the political subdivision relative to wages, hours, conditions, or other terms of his or her employment;(d) Civil actions by sureties, and the rights of sureties, under fidelity or surety bonds;(e) Civil claims based upon alleged violations of the Constitution or statutes of the United States except that the provisions of section eleven of this article shall apply to such claims or related civil actions.
WV Code § 29-12B-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-1. Short Title

This article may be cited as the "West Virginia Health Care Provider Professional Liability Insurance Availability Act."
WV Code § 29-12B-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-2. Legislative Findings

The Legislature finds and declares that there is a need for the State of West Virginia to assist in making professional liability insurance available for certain necessary health care providers in West Virginia to assure that quality medical care is available for the citizens of the state.
WV Code § 29-12B-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-3. Definitions

As used in this article, the following terms have the meanings set forth herein:(a) "Board" means the state Board of Risk and Insurance Management.(b) "Health care provider" means:(1) A person licensed by the West Virginia Board of Medicine to practice medicine in this state;(2) A person licensed by the West Virginia board of osteopathy to practice medicine in this state;(3) A podiatrist licensed by the West Virginia Board of Medicine;(4) An optometrist licensed by the West Virginia board of optometry;(5) A pharmacist licensed by the West Virginia Board of Pharmacy;(6) A registered nurse holding an advanced practice announcement from the West Virginia board of examiners for registered professional nurses;(7) A physician's assistant licensed by either the West Virginia Board of Medicine or the West Virginia board of osteopathy;(8) A dentist licensed by the West Virginia board of dental examiners;(9) A physical therapist licensed by the West Virginia board of physical therapy;(10) A chiropractor licensed by the West Virginia board of chiropractic;(11) A professional limited liability company or medical corporation certified by the state Board of Medicine;(12) An association, partnership or other entity organized for the purpose of rendering professional services by persons who are health care providers;(13) A hospital, medical clinic, psychiatric hospital or other medical facility authorized by law to provide professional medical services; and(14) Such other health care provider as the board may from time to time approve, and for whom an adequate rate can be established."Health care provider" does not include any provider of professional medical services that has medical malpractice insurance pursuant to article twelve of this chapter.(b) "Sexual acts" means that sexual conduct which constitutes a criminal or tortious act under the laws of West Virginia.(c) "Prior acts" coverage means coverage for claims arising out of the providing of medical services, including medical treatment, which are first reported to the board during the effective policy period, but which occurred on or after the retroactive date reported in the policy declarations. (d) "High risk" means the probability of loss is greater than average based on criteria specified in this article and established by the board.(e)"Retroactive date" means the date designated in the policy declarations, before which coverage is not applicable.(f) "Tail coverage" or "extended reporting coverage" is coverage that protects the health care provider against all claims arising from professional services performed while the claims-made policy was in effect and included in the policy but reported after the termination of the policy.
WV Code § 29-12B-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-7. Eligibility Criteria for Participation in Health Care Provider Professional Liability Insurance Programs

(a) Only those health care providers unable to obtain medical professional liability insurance because it is not available through the voluntary insurance market from insurers licensed to transact insurance in West Virginia at rates approved by the commissioner are eligible to obtain coverage pursuant to the provisions of this article: Provided, That any health care provider who can obtain medical professional liability insurance only pursuant to a "consent to" or "guide A" rate agreement is eligible to obtain coverage. Any health care provider who has medical professional liability insurance pursuant to the provisions of article twelve, chapter twenty-nine of this code is not eligible to obtain insurance pursuant to the provisions of this article.(b) In addition to other eligibility criteria for participation in the health care provider professional liability insurance program established by the provisions of this article or criteria imposed by the board, every participant in the programs shall:(1) Maintain a policy of not excluding patients whose health care coverage is provided through the West Virginia public employees insurance plan, the West Virginia Children's Health Insurance Program, West Virginia Medicaid or the West Virginia worker's compensation fund based solely on the fact that the person's health care coverage is provided by any of the aforementioned entities;(2) Annually participate, at his or her own expense, in a risk management program approved by the board relating to risk management; and(3) Agree in writing to the board's authority to assign his or her policy, individually or collectively, to a third party if the third party coverage is comparable, as determined by the board.
WV Code § 29-12B-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-8. Preferred Professional Liability Insurance Program

(a) Eligibility to participate in the preferred professional liability insurance program shall be determined by underwriting criteria approved by the board and set forth in a written underwriting manual, and shall be subject to rates approved by the board and set forth in a written rating manual. Participation in the preferred professional liability insurance program shall not be limited based on geographic location or specialty, but may be limited based upon indemnity loss history, number of patient exposures, refusal to participate in risk management/loss control programs or any other grounds the board may approve, as set forth in a written underwriting manual. The board shall periodically review its underwriting manual and make any changes it considers necessary or appropriate.(b) Qualification for participation in the preferred professional liability insurance program shall be reviewed each year, and any participant may be transferred to the high risk professional liability insurance program, as set forth in the written underwriting manual approved by the board.
WV Code § 29-12B-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-9. High Risk Professional Liability Insurance Program

(a) The rate charged participants in the high risk professional liability insurance program may be higher than those established and approved by the board for participants in the preferred professional insurance program as set forth in a written rating manual. Risks may be refused coverage under criteria approved by the board, as set forth in its underwriting manual. The Board of Risk and Insurance Management shall periodically review its underwriting manual and make any changes it deems necessary or appropriate.(b) If a majority of the board determines that a health care provider covered by one of the programs created by this article presents an extreme risk because of the number of claims filed against him or her or the outcome of such claims, said board may, after notice and a hearing in accordance with the provisions of the West Virginia administrative procedures act, chapter twenty-nine-a of this code, terminate coverage for all claims against that health care provider. Coverage shall terminate thirty days after the board's decision. Upon termination of coverage under this subsection, the board shall notify the licensing or disciplinary board having jurisdiction over the health care provider of said provider's name and of the reasons for termination of the coverage.(c) The board may terminate coverage for a health care provider's failure to pay premiums by providing written notice of such termination by first-class mail no less than thirty days prior to termination of coverage.
WV Code § 29-12B-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-10. Deposit, Expenditure and Investment of Premiums

(a) The premiums charged and collected by the board under this article shall be deposited into a special revenue account hereby created in the state Treasury known as the "Medical Liability Fund", and shall not be part of the general revenues of the state. Disbursements from the special revenue fund shall be upon requisition of the executive director and in accordance with the provisions of chapter five-a of this code. Disbursements shall pay operating expenses of the board attributed to these programs and the board's share of any judgments or settlements of medical malpractice claims. Funds shall be invested with the consolidated fund managed by the West Virginia Investment Management Board and interest earned shall be used for purposes of this article.(b) Start-up operating expenses of the medical liability fund, not to exceed $500,000, may be transferred to the medical liability fund pursuant to an appropriation by the Legislature from any special revenue funds available. The medical liability fund shall reimburse the board within twenty-four months of the date of the transfer.(c) For purposes of establishing a pool from which settlements and judgments may be paid, notwithstanding any other provision of this code to the contrary, a portion of the initial capitalization of the pool may be provided through a transfer of no greater than $4,000,000 from the State Special Insurance Fund established in section five, article twelve of this chapter. All funds transferred pursuant to this section are to be repaid by transfer from the Medical Liability Fund to the State Special Insurance Fund, together with interest that would have accrued in the State Special Insurance Fund, by July 1, 2006. Funds are to be transferred only as needed for expenditures from the Medical Liability Fund created in this section. The Treasurer shall effect these transfers pursuant to this section upon written request of the Director of the Board of Risk and Insurance Management.(d) On July 1, 2016, all funds in the Medical Liability Fund, including all funds currently invested pursuant to the terms of subsection (a) of this section, shall be transferred to the West Virginia Patient Injury Compensation Fund established by section one, article twelve-d of this chapter. Thereafter, the Medical Liability Fund established pursuant to this section shall be closed.
WV Code § 29-12B-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-11. Payments for Settlement or Judgment

All payments made in satisfaction of any settlement or judgment shall be in accordance with the procedures established by the board. No settlement or judgment may be paid until there is recorded in the office of the executive director: (1) A certified copy of a final judgment against a health care provider insured by either of the medical liability programs created pursuant to this article, or a certified copy of an order approving settlement in a summary proceeding; or (2) appropriate settlement documentation to include a written settlement determination issued by or on behalf of the board.
WV Code § 29-12B-12 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act|§29-12B-12. Information Exempt From Disclosure

Any specific claim reserve information is exempt from public disclosure under the freedom of information act set forth in article one, chapter twenty-nine-b of this code.