WVC 33 - 10 - 39
§33-10-39. Immunity in receivership proceedings and representation
of the special deputy supervisor.
(a) No claim of any nature whatsoever that is directly related
to the receivership of an insurer shall arise against and no
liability shall be imposed upon, the insurance commissioner,
special deputy commissioner, or any person or entity acting as a
receiver of an insurer, including surety, in rehabilitation,
liquidation or conservation as a result of a court order issued on
or after the effective date of this article for any statement made
or actions taken or not taken in the good faith exercise of their
powers under law. However, this immunity shall not extend to acts
or omissions which are malicious or grossly negligent. This
qualified immunity extends to agents and employees of the receiver.
(b) In any civil proceeding filed against a special deputy
commissioner appointed pursuant to this article, the special deputy
commissioner shall be entitled to be represented by the attorney
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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