If a covenant or promise be made for the sole benefit of a person with whom it is not made, or with whom it is made jointly with others, such person may maintain, in his own name, any action thereon which he might maintain in case it had been made with him only, and the consideration had moved from him to the party making such covenant or promise.
W. Va. Code § 55-8-12
Third party may sue on covenant or promise made for his sole benefit
Applied in 9 court decisions — leading case 202 W. Va. 430 - Elmore v. State Farm Mutual Automobile Insurance (1998)
Most recently applied in 229 W. Va. 568 - Goff v. Penn Mutual Life Insurance (June 2012)
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.