H. B. 4352


(By Delegates Browning, Cann and Staton)
[Introduced February 2, 2006; referred to the
Committee on the Judiciary.]




A BILL to repeal §19-25-7 of the Code of West Virginia, 1931, as amended; and to repeal §20-14-10 of said code, all relating to insurers asserting immunity on behalf of landowners.

Be it enacted by the Legislature of West Virginia:
CHAPTER 19. AGRICULTURE.
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.
§1. Repeal of section relating to insurers asserting immunity on behalf of landowners.

§19-25-7 of the Code of West Virginia, 1931, as amended, is hereby repealed.
CHAPTER 20. NATURAL RESOURCES.

 ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.
§1. Repeal of section relating to insurers asserting immunity on behalf of landowners.

§20-14-10 of the Code of West Virginia, 1931, as amended, is hereby repealed.



NOTE: The purpose of this bill is to repeal §19-25-7 and §20-14-10, which effectively prevent liability insurers from asserting immunity on behalf of landowners who make their property available for public use and recreation.