West Virginia 2024 Regular Session

West Virginia House Bill HB5643

Introduced
2/12/24  

Caption

Relating to actions for damages or attorney’s fees in cases involving Board of Risk Management and Insurance

Impact

By prohibiting actions for damages or attorney’s fees against the Board, the bill aims to streamline the legal landscape surrounding risk management for state insurance matters. This measure is likely to provide stronger protection and autonomy to the Board in managing insurance affairs and claims related to state property and activities. The retrospective application also signifies a potential legal shield for the board, altering the dynamics of how similar cases may be approached by individuals seeking compensation through lawsuits.

Summary

House Bill 5643 seeks to amend §29-12-5 of the Code of West Virginia by clarifying that no claims for damages or attorney’s fees shall be permissible against the Board of Risk Management and Insurance or its employees in relevant cases. This includes stipulations derived from the precedent set in Shamblin v. Nationwide Mutual Insurance Co. The changes proposed by this bill will apply retrospectively to all pending claims, thereby protecting the board from such litigations going forward and impacting historical legal precedents in West Virginia.

Sentiment

Overall, sentiments regarding HB 5643 appear to be mixed. Supporters argue that the bill is a necessary reform to protect the Board from frivolous lawsuits, thereby allowing it to effectively manage insurance policies without the looming threat of legal repercussions. Opponents, however, may express concern about the implications of limiting accountability and access to remedy for individuals who may suffer damages due to the Board's actions or negligence. The conversation surrounding this bill highlights tensions between the need for organizational protection and the rights of individuals seeking legal restitution.

Contention

A notable point of contention in discussions about HB 5643 centers on the retrospective application of the law to pending claims. This aspect raises questions about fairness and justice for claimants who might no longer have the right to pursue their claims against the Board, which could result in significant financial repercussions for individuals negatively impacted by state policies. Critics may view this aspect as an undermining of legal rights, potentially reflecting broader issues regarding government accountability and the protection of citizens' rights.

Companion Bills

WV SB686

Similar To Prohibiting actions for damages or attorney’s fees in cases involving Board of Risk and Insurance Management

Previously Filed As

WV HB2015

Relating to liability or other insurance coverage provided by the Board of Risk and Insurance Management to any entity for which such coverage is permissive under state code

WV SB253

Board of Risk and Insurance Management rule relating to mine subsidence insurance

WV HB4806

Relating to recovery of damages in civil actions.

WV SF77

A bill for an act relating to tort liability in civil actions involving commercial motor vehicles, including employer liability, noneconomic damages, punitive damages, and exemplary damages.

WV LB482

Change provisions relating to attorney’s fees in insurance cases

WV SB254

Board of Risk and Insurance Management rule relating to public entities insurance program

WV HB3516

Relating to limit of liability through Board of Risk Management

WV H1551

Attorney Fee Awards in Insurance Actions

WV SB2374

An exemption from search requirements for licensed surplus line producers; to provide for a legislative management report; and to provide a penalty.

WV SB2374

AN ACT to create and enact two new sections to chapter 26.1-30, two new sections to chapter 26.1-39, a new section to chapter 26.1-44, and a new subsection to section 26.1-46-03 of the North Dakota Century Code, relating to mandatory arbitration endorsements for property insurance, managed repair programs, civil remedy actions against property insurers, notice of property insurance claims, and surplus lines insurance policies; to amend and reenact sections 26.1-02-05, 26.1-25-02.1, 26.1-25-16, 26.1-26-04.1, 26.1-44-03, 26.1-46-01, 26.1-46-08, and 26.1-46-08.1 of the North Dakota Century Code, relating to exceptions to unauthorized insurance transactions, exceptions for large commercial risks in fire, property, and casualty insurance rates, surplus lines insurance, risk retention groups and purchasing groups, restrictions on insurance purchased by purchasing groups, and purchasing group taxation and fees; to repeal section 26.1-44-03.3 of the North Dakota Century Code, relating to an exemption from search requirements for licensed surplus line producers; to provide for a legislative management report; and to provide a penalty.

Similar Bills

No similar bills found.