Any provider who suffers loss as the result of an insurer's violation of any provision of this article or an insurer's breach of any provider contract provision required by this article is entitled to initiate an action to recover actual damages. The commissioner shall not be deemed to be a "trier of fact" for purposes of this section.
W. Va. Code § 33-45-3
Damages, attorney fees and costs available to providers upon insurer's violation of article or breach of contract provisions
Applied in 2 court decisions — leading case 608 F. Supp. 2d 1018 - ALEXIAN BROTHERS HEALTH PROVIDERS ASSOC., INC. v. Humana Health Plan, Inc. (2009)
Most recently applied in 608 F. Supp. 2d 1018 - ALEXIAN BROTHERS HEALTH PROVIDERS ASSOC., INC. v. Humana Health Plan, Inc. (April 2009)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.