WVC 29 - 12 A- 9
§29-12A-9. Settlement or defense of suit; effect of liability
(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