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Chapter 7     Entire Code
‹ Chapter 06C  |  Chapter 07A › Printer Friendly Versions
Chapter 7  |  Article 7 - 14A  |  Section 4
WVC 7- CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
WVC -14A- ARTICLE 14A. DEPUTY SHERIFFS' TORT LIABILITY.

WVC 7-14A-1 §7-14A-1. Short title.
This article may be cited and referred to as the "West Virginia Deputy Sheriffs' Tort Liability Act."

WVC 7-14A-2 §7-14A-2. Definitions.
For the purpose of this article and as used in this article:

(a) "Deputy sheriffs" or "deputies" shall have the same meaning as those terms are given in subdivision (2), subsection (a), section two, article fourteen of this chapter, and shall, when used in this article, be limited, except when specifically authorized or when the context in which used clearly requires a broader or different application and meaning, to those deputy sheriffs serving under civil service protection pursuant to the provisions of article fourteen of this chapter.

(b) "County commissions" shall mean the county commission, or tribunal in lieu thereof, in counties wherein a civil service system for deputy sheriffs is required to be in effect or wherein such system is put into effect pursuant to article fourteen of this chapter.

(c) "Professional liability insurance" means an insuring agreement wherein the insurer agrees, subject to policy agreements, exclusions, conditions and limits, to pay all sums which the insured deputy sheriff shall or may become legally obligated to pay as damages because of bodily injury (including death) or property damages sustained by others and caused by an occurrence and arising out of such deputy sheriff's occupancy, maintenance or use of official operations or conduct in the performance of official duties.

WVC 7-14A-3 §7-14A-3. County commission to purchase professional liability insurance; limits; additional insurance authorized; contribution from deputies.
Effective the first day of January, one thousand nine hundred seventy-eight, the county commission of each county wherein the provisions of this article are applicable, shall purchase a professional liability insurance policy covering all deputy sheriffs subject to this article, which policy shall provide for minimum coverage of fifty thousand dollars for each person injured or damaged in each occurrence and one hundred thousand dollars total coverage for each occurrence. Every such policy shall be written on an occurrence basis only. Such policy shall be paid for out of the county general revenue fund. The county commission may purchase additional coverage and, as to such additional coverage, may pay all or any part of the premiums as it and its sole discretion deems appropriate or, as to such additional coverage may require contributions in whole or in part from the sheriff and from the deputy sheriffs required to be covered by such insurance. Such additional insurance may not be purchased and the premiums in whole or in part paid by such deputies except with the consent of the majority of the deputies to be covered thereby.

WVC 7-14A-4 §7-14A-4. Liability of sheriff, county and county commission limited.
Any other provision of this code or rule of law to the contrary notwithstanding, on and after the first day of January, one thousand nine hundred seventy-eight, no sheriff shall be held jointly or severally liable on his official bond or otherwise for any act or conduct of any deputies subject to the provisions of this article committed on or after such date, except in cases where such deputy is acting in the presence of and under the direct, immediate and personal supervision of such sheriff, nor shall the county commission of a county nor the county itself be held so liable, and the liability of such sheriff, county or county commission in such cases shall be no greater than would be the liability of the superintendent of the department of public safety, or such department or the state of West Virginia under the same or substantially similar circumstances.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§ 7 - 18 - 14 - (Amended Code)
SENATE BILL - 314
PASSED - Regular Session

SB314 ENR  (Uploaded - 03/25/2014)
Appropriating hotel occupancy tax proceeds to counties with no more than one hospital
§ 7 - 11 B- 3 - (Amended Code)
SENATE BILL - 375
PASSED - Regular Session

SB375 ENR  (Uploaded - 03/25/2014)
Excluding certain real and personal property from TIF assessment
§ 7 - 22 - 9 - (Amended Code)
§ 7 - 22 - 15 - (Amended Code)
SENATE BILL - 439
PASSED - Regular Session

SB439 SUB1 ENR  (Uploaded - 03/26/2014)
Increasing acreage of Ohio County's Fort Henry Economic Opportunity Development District
§ 7 - 14 D- 20 - (Amended Code)
§ 7 - 14 D- 21 - (Amended Code)
HOUSE BILL - 4349
PASSED - Regular Session

HB4349 SUB ENR  (Uploaded - 03/25/2014)
Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order
§ 7 - 7 - 1 - (Amended Code)
§ 7 - 7 - 4 - (Amended Code)
SENATE BILL - 1005
PASSED - 1st Special Session

SB1005 ENR  (Uploaded - 03/25/2014)
Authorizing salary increase for county commissioners and elected county officials
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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