WVC 6 -
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 12. GENERAL LIABILITY, BODILY INJURY AND PROPERTY DAMAGE
INSURANCE BY STATE AND LOCAL GOVERNMENTS.
§6-12-1. General liability insurance for proprietary functions;
bodily injury and property damage motor vehicle
insurance at public expense; contractors to provide
Officers, boards, commissions or agencies of the state or of
any county, municipality or any other unit of local or state
government, authorized to spend public funds, or to direct the
expenditure of public funds, may provide at public expense for
liability insurance against risks engendered in their proprietary
functions, bodily injury liability and property damage liability
insurance against the negligence of the drivers of motor vehicles
operated by or for such officers, boards, commissions and agencies
in such amount as such officers, boards, commissions and agencies
may specify, and any such officer, board, commission or agency
having the authority to contract for the use in the service of such
officer, board, commission or agency, of any motor vehicle, may
require the contractor to provide like insurance at his own expense
in such amount as such officer, board, commission or agency may
§6-12-2. Policy may authorize action against insurance company
with or without joining driver as defendant.
Any insurance policy obtained in pursuance of the provisions
of section one of this article may, by agreement between the
insurance company issuing the policy and the officer, board,
commission or agency applying for such insurance, contain a
provision authorizing an action on such policy to be maintained
against the insurance company issuing the policy by or in the name
of any person sustaining bodily injury or property damage, either
with or without joining the driver of such motor vehicle as a party
defendant, or in the name of the personal representative of a
deceased person, the proximate cause of whose death was the
negligence of the driver. Such provision shall be valid and
enforceable if set forth in the body of the policy or in a rider
attached to the policy as a part thereof.
§6-12-3. Article not to create new right of action.
This article shall not be so construed as to authorize a right
of action against any officer, board, commission or agency where no
right of action has heretofore existed.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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