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Introduced Version House Bill 4639 History

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H. B. 4639

 

         (By Delegate Manypenny)

         [Introduced February 20, 2012; referred to the

         Committee on the Judiciary.]

 

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-27, relating to prohibiting provisions in agreements to settle litigation if the information could have an adverse impact on the health, safety or well being of the public or the environment.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-27, to read as follows:

ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-27. Confidentiality agreements; public policy.

    Confidentiality provisions when included in settlement agreements to settle litigation or potential ligation in an action involving an injury to either a person or an interest in real property are against public policy insofar as they seek to prohibit the disclosure of information that has an adverse affect, or has the potential to have an adverse effect, on either the health, safety or the well being of the public or the environment and may not be included in any agreement to settle or avoid litigation.




    NOTE: The purpose of the bill is to prohibit provisions in agreements to settle litigation if the information could have an adverse impact on the health, safety or well being of the public or the environment.



    This section is new; therefore, it has been completely underscored.

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