The Legislature finds and declares that the political subdivisions of this state are unable to procure adequate liability insurance coverage at a reasonable cost due to: The high cost in defending such claims, the risk of liability beyond the affordable coverage, and the inability of political subdivisions to raise sufficient revenues for the procurement of such coverage without reducing the quantity and quality of traditional governmental services. Therefore, it is necessary to establish certain immunities and limitations with regard to the liability of political subdivisions and their employees, to regulate the insurance industry providing liability insurance to them, and thereby permit such political subdivisions to provide necessary and needed governmental services to its citizens within the limits of their available revenues.
W. Va. Code § 29-12A-2
Legislative findings
Known as the The Governmental Tort Claims and Insurance Reform Act
The act spans §§ 29–29 (18 sections).
Applied in 4 court decisions — leading case 224 W. Va. 147 - J.H. v. West Virginia Division of Rehabilitation Services (2009)
Most recently applied in 227 W. Va. 15 - Hess v. West Virginia Division of Corrections (November 2010)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.