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WV Code § 29-12-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-3. State Board of Risk and Insurance Management; Creation, Composition, Qualifications, and Compensation

(a)(1) The "state board of insurance of West Virginia" is hereby reestablished, reconstituted and continued as the state Board of Risk and Insurance Management. The board shall be composed of five members. One member shall be the vice chancellor of health sciences of the West Virginia Higher Education Policy Commission. The remaining four members shall be appointed by the Governor with the advice and consent of the Senate. One member shall be appointed by the Governor from a list of three eligible persons submitted to the Governor by the President of the Senate, and one member shall be appointed by the Governor from a list of three eligible persons submitted to the Governor by the Speaker of the House of Delegates. Each member shall be a resident of West Virginia and shall have experience in one or more of the following areas: law, accounting, business, insurance or actuarial science.(2) Initial appointment of the members other than the vice chancellor for health sciences shall be for the following terms:One member shall be appointed for a term ending June 30, 2003;One member shall be appointed for a term ending June 30, 2004;One member shall be appointed for a term ending June 30, 2005; andOne member shall be appointed for a term ending June 30, 2006.(3) Except for appointments to fill vacancies, each subsequent appointment shall be for a term ending June 30 of the fourth year following the year the preceding term expired. In the event a vacancy occurs it shall be filled by appointment for the unexpired term. A member whose term has expired shall continue in office until a successor has been duly appointed and qualified. No member of the board may be removed from office by the Governor except for official misconduct, incompetency, neglect of duty, or gross immorality.(4) Members of the board appointed prior to the reenactment of this article during the sixth extraordinary session of the 2001 Legislature, shall serve until December 15, 2001.(b) The Insurance Commissioner of West Virginia shall serve as secretary of the board without vote and shall make available to the board the information, facilities and services of the office of the state Insurance Commissioner.(c) The members of the board shall receive from the executive director of the board the same compensation authorized by law for members of the Legislature for the interim duties for each day, or portion thereof, the member is engaged in the discharge of official duties. All board members shall be reimbursed for their actual and necessary expenses incurred in the discharge of official duties, except that mileage shall be reimbursed at the same rate as that authorized for members of the Legislature.(d) Notwithstanding any provision of this section to the contrary, the board is subject to the provisions of section twelve of this article.
WV Code § 29-12-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-4. Organization, Meetings, Records and Reports of Board

The board shall select one of its members as chairman and shall meet in the office of the Insurance Commissioner upon call of the chairman. The board shall keep records of all of its proceedings which shall be public and open to inspection, shall adopt a seal and shall exercise and perform the duties prescribed by this article.The board shall report in writing to the Governor, Legislative Auditor and budget director on or before the thirty-first day of August of each year. Such report shall contain a summary of the board's proceedings during the preceding fiscal year including a detailed and itemized statement and summary of all state insurance procured by the board during such fiscal year.
WV Code § 29-12-5b (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-5b. Transit Insurance

In accordance with the terms and provisions of this article the state board of risk and management shall provide appropriate aid and assistance to the transit authorities in this state in the procurement of fleet liability insurance for all vehicles operated by any such authorities and any and all expense associated with the procurement of purchase of said insurance coverage shall be borne by the transit authorities.
WV Code § 29-12-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-6. Reports to Be Furnished Board by State Officers and Departments; State Records

(a) It shall be the duty of every officer, department and employee of the state having custody or control of any state property, activities or responsibilities, as defined in section two of this article, to make a written report thereof to the board, on forms prepared and prescribed by it, briefly describing said property, activities or responsibilities, showing the nature, location and estimated fair market value of potential liability thereof and stating whether such property, activities or responsibilities are covered by insurance and, if insured, the nature, amount and contract expiration date of such insurance and the name and address of the insuring company or companies. Such reports shall be made annually on or before May 1 and separate reports shall be made on newly acquired state property from time to time within thirty days next following the acquisition thereof. When any such insured state property is sold, destroyed or otherwise disposed of, the officer, department or employee of the state having had the custody or control thereof shall make a written report of such sale, destruction or other disposition of such property to the board within thirty days next following the date of sale, destruction or other disposition thereof.(b) The board shall assemble and organize all pertinent information and data received and obtained by it on new and continuing state property, activities and responsibilities within the insurance coverage herein contemplated and shall compile and currently maintain a summary record thereon, in such form and detail as may be found practicable, as basis for insurance services on all such state property, activities and responsibilities.
WV Code § 29-12-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-7. Placement of Insurance on State Property, Activities and Responsibilities

(a) No officer, department or employee of the state having control or custody of any state property, or being in charge of any state activities, or being charged with any state responsibilities as herein contemplated, shall pay out any state money for the purpose of insurance against loss, damage or liability to any such state property or on account of any such state activity or responsibility or incur any obligation or indebtedness against the state for such insurance, except (1) upon the board's prior approval and placement of such insurance coverage and (2) its subsequent approval of invoices and charges therefor.(b) All state insurance shall be placed only with solvent insurance companies licensed by the Insurance Commissioner to transact insurance in West Virginia.(c) All state insurance shall be placed only through agents duly licensed by the Insurance Commissioner of West Virginia and no more than five percent of the total premium volume of state insurance shall be placed through any one agent or agency. For the purpose of this paragraph, agent or agency shall include all employees, relatives, partners or affiliates out of the agency with whom such insurance is placed. In addition thereto no more than fifteen percent of the total premium volume of state insurance shall be placed in agencies in any one county.(d) No insurance shall be placed with any member of the board, the state Insurance Commissioner, official, officer or employee of the State of West Virginia, member of the Legislature, member or officer of any state or county political party executive committee, nor with the spouse, parent or child of any such person, nor with any corporation, any stockholder of which falls within the classes herein enumerated.
WV Code § 29-12-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-8. Powers, Duties, etc., of Department of Purchases Pertaining to State Insurance Transferred to Board

On the effective date of this article, all powers, duties and functions vested in the department of purchases relating to insurance on state properties, activities and responsibilities and all records and equipment relating thereto shall be transferred by the department of purchases to the state board of insurance.
WV Code § 29-12-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-9. Penalties for Violation of Article

Any person placing or aiding, abetting, or conspiring to place state insurance in violation of any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof shall be fined not to exceed $1,000 or imprisoned for a period not to exceed six months, or may be punished by both such fine and imprisonment.
WV Code § 29-12-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-10. Repeal of Inconsistent Laws

All laws or parts of laws inconsistent with the provisions of this article are hereby repealed, except in cases where the plain meaning and context hereof otherwise provide for coordinate interpretation and application of the provision of this article with any other laws.
WV Code § 29-12-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-11. Interpretation and Purpose; Constitutionality

The provisions of this article are considered remedial and shall be liberally construed and interpreted so as to effect and accomplish the general purposes and objectives hereof. In the event any part or provision of the article be held to be unconstitutional by any court of competent jurisdiction, such holding and decision of the court shall not affect the validity and Constitutionality of the remaining parts and provisions of the article.
WV Code § 29-12-13 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-13. Premium Tax Liability

Notwithstanding any other provision of this code to the contrary, the amount of any gross direct premiums attributable to a policy or contract of insurance entered into with the board of Risk and Insurance Management shall be separately reported on the annual financial statement of the insurer. These gross direct premiums so reported may not be subject to the tax imposed on gross direct premiums pursuant to article three, chapter thirty-three of this code. The provisions of this section shall be effective upon passage and shall apply to any amount of premium tax owed and not yet paid upon the effective date of this section. When any spending unit makes payment to the board of Risk and Insurance Management for payment of premiums attributable to a policy or contract of insurance after the effective date of this section, an amount equal to the amount of gross premium tax attributable to the amount of the premium shall be paid to the board: Provided, That these amounts shall be deposited in a special revenue account hereby created known as the "Premium Tax Savings Fund". Expenditures from the fund shall not be made from collections but shall only be made in accordance with appropriation by the Legislature.
WV Code § 29-12-14 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12. State Insurance|§29-12-14. Promulgation of Rules

The Board of Risk and Insurance Management is authorized to propose rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, setting minimum contract terms for entities participating in insurance programs and mandatory waiting periods for reentry into insurance programs for entities which have terminated coverage through the board.
WV Code § 29-12A-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-1. Short Title; Purposes

This article shall be known and may be cited as "The Governmental Tort Claims and Insurance Reform Act."Its purposes are to limit liability of political subdivisions and provide immunity to political subdivisions in certain instances and to regulate the costs and coverage of insurance available to political subdivisions for such liability.
WV Code § 29-12A-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-2. Legislative Findings

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.
WV Code § 29-12A-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-3. Definitions

As used in this article:(a) "Employee" means an officer, agent, employee, or servant, whether compensated or not, whether full-time or not, who is authorized to act and is acting with the scope of his or her employment for a political subdivision. "Employee" includes any elected or appointed official of a political subdivision. "Employee" does not include an independent contractor of a political subdivision.(b) "Municipality" means any incorporated city, town or village and all institutions, agencies or instrumentalities of a municipality.(c) "Political subdivision" means any county commission, municipality and county board of education; any separate corporation or instrumentality established by one or more counties or municipalities, as permitted by law; any instrumentality supported in most part by municipalities; any public body charged by law with the performance of a government function and whose jurisdiction is coextensive with one or more counties, cities or towns; a combined city- county health department created pursuant to article two, chapter sixteen of this code; public service districts; and other instrumentalities including, but not limited to, volunteer fire departments and emergency service organizations as recognized by an appropriate public body and authorized by law to perform a government function: Provided, That hospitals of a political subdivision and their employees are expressly excluded from the provisions of this article.(d) "Scope of employment" means performance by an employee acting in good faith within the duties of his or her office or employment or tasks lawfully assigned by a competent authority but does not include corruption or fraud.(e) "State" means the State of West Virginia, including, but not limited to, the Legislature, the Supreme Court of Appeals, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges, and universities, institutions, and other instrumentalities of the State of West Virginia. "State" does not include political subdivisions.
WV Code § 29-12A-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-5. Immunities From Liability

(a) A political subdivision is immune from liability if a loss or claim results from:(1) Legislative or quasi-legislative functions;(2) Judicial, quasi-judicial or prosecutorial functions;(3) Execution or enforcement of the lawful orders of any court;(4) Adoption or failure to adopt a law, including, but not limited to, any statute, charter provision, ordinance, resolution, rule, regulation or written policy;(5) Civil disobedience, riot, insurrection or rebellion or the failure to provide, or the method of providing, police, law enforcement or fire protection;(6) Snow or ice conditions or temporary or natural conditions on any public way or other public place due to weather conditions, unless the condition is affirmatively caused by the negligent act of a political subdivision;(7) Natural conditions of unimproved property of the political subdivision;(8) Assessment or collection of taxes lawfully imposed or special assessments, license or registration fees or other fees or charges imposed by law;(9) Licensing powers or functions including, but not limited to, the issuance, denial, suspension or revocation of or failure or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authority;(10) Inspection powers or functions, including failure to make an inspection, or making an inadequate inspection, of any property, real or personal, to determine whether the property complies with or violates any law or contains a hazard to health or safety;(11) Any claim covered by any worker's compensation law or any employer's liability law;(12) Misrepresentation, if unintentional;(13) Any court-ordered or administratively approved work release or treatment or rehabilitation program;(14) Provision, equipping, lawful operation or maintenance of any prison, jail or correctional facility, or injuries resulting from the parole or escape of a prisoner;(15) Any claim or action based on the theory of manufacturer's products liability or breach of warranty or merchantability or fitness for a specific purpose, either expressed or implied;(16) The operation of dumps, sanitary landfills, and facilities where conducted directly by a political subdivision; or(17) The issuance of revenue bonds or the refusal to issue revenue bonds.(b) An employee of a political subdivision is immune from liability unless one of the following applies;(1) His or her acts or omissions were manifestly outside the scope of employment or official responsibilities;(2) His or her acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; or(3) Liability is expressly imposed upon the employee by a provision of this code.(c) The immunity conferred upon an employee by subsection (b) of this section does not affect or limit any liability of a political subdivision for an act or omission of the employee.
WV Code § 29-12A-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-6. Limitation of Actions; Specification of Amount of Damages Not Allowed

(a) An action against a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, except as provided in subsection (b) of this section, shall be brought within two years after the cause of action arose or after the injury, death or loss was discovered or reasonably should have been discovered, whichever last occurs or within any applicable shorter period of time for bringing the action provided by this code. This section applies to actions brought against political subdivisions by all persons, governmental entities, and the state.(b) An action against a political subdivision to recover damages for injury, death, or loss to a minor, brought by or on behalf of a minor who was under the age of ten years at the time of such injury, shall be commenced within two years after the cause of action arose or after the injury, death of loss was discovered or reasonably should have been discovered, whichever last occurs, or prior to the minor's twelfth birthday, whichever provides the longer period.(c) The periods of limitations set forth in this section shall be tolled for any period during which the political subdivision or its representative has committed fraud or collusion by concealing or misrepresenting material facts about the injury.(d) In the complaint filed in a civil action against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by an act or omission of such political subdivision or employee, whether filed in an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, the complainant shall include a demand for a judgment for the damages that the judge in a nonjury trial or the jury in a jury trial finds that the complainant is entitled to be awarded, but shall not specify in the demand any monetary amount for damages sought.
WV Code § 29-12A-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-8. Suits

Any person having a claim against a political subdivision within the scope of this article may sue such political subdivision for any appropriate relief including the award of money damages within the liability limitations established in section seven of this article.
WV Code § 29-12A-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 12A. Governmental Tort Claims and Insurance Reform Act|§29-12A-9. Settlement or Defense of Suit; Effect of Liability Insurance

(a) If a policy or contract of liability insurance covering a political subdivision or its employees is applicable, the terms of the policy govern the rights and obligations of the political subdivision and the insurer with respect to the investigation, settlement, payment and defense of suits against the political subdivision, or its employees, covered by the policy. The insurer may not enter into a settlement for an amount which exceeds the insurance coverage.(b) A political subdivision, or its employees, are not liable for any costs, judgments or settlements paid through an applicable contract or policy of insurance.(c) A political subdivision has the right of indemnity against the insurer issuing any applicable contract or policy of insurance to the monetary limit of the contract or policy of insurance.