There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 33. INSURANCE
ARTICLE 10. REHABILITATION AND LIQUIDATION.
§33-10-39 Immunity in receivership proceedings and representation of the special deputy supervisor.
§33-10-39. Immunity in receivership proceedings and representation
of the special deputy supervisor.(a) No claim of any nature whatsoever that is directly related to the receivership of an insurer shall arise against and no liability shall be imposed upon, the insurance commissioner, special deputy commissioner, or any person or entity acting as a receiver of an insurer, including surety, in rehabilitation, liquidation or conservation as a result of a court order issued on or after the effective date of this article for any statement made or actions taken or not taken in the good faith exercise of their powers under law. However, this immunity shall not extend to acts or omissions which are malicious or grossly negligent. This qualified immunity extends to agents and employees of the receiver.
(b) In any civil proceeding filed against a special deputy commissioner appointed pursuant to this article, the special deputy commissioner shall be entitled to be represented by the attorney general.
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