WEST VIRGINIA CODE
WVC 33 - 26 - 18
§33-26-18. Stay of proceedings; reopening of default
judgments.
All proceedings in which the insolvent insurer is a party or
obligated to defend a party in any court in this state shall be
stayed for six months from the date the proof of claim provided
for in section eighteen, article ten of this chapter is filed
with the receiver to permit proper defense by the association of
all pending causes of action. As to any covered claims arising
from a judgment under any order, decision, verdict or finding
based on the default of the insolvent insurer or its wrongful
failure to defend an insured, the association either on its own
behalf or on behalf of such insured may apply to have such
judgment, order, decision, verdict or finding set aside by the
same court or administrator that made such judgment, order,
decision, verdict or finding and shall be permitted to defend
against such claim on the merits.
Note: WV Code updated with legislation passed through the 2012 1st Special Session