West Virginia Code
1 - COUNTY COMMISSIONS GENERALLY
2 - COUNTY AND DISTRICT BOUNDARIES;
3 - COUNTY PROPERTY
4 - PROSECUTING ATTORNEY, REWARDS A
5 - FISCAL AFFAIRS
5A - LOANS FROM GOVERNMENTAL AGENCI
6 - COUNTY DEPOSITORIES
7 - COMPENSATION OF ELECTED COUNTY
8 - JAIL AND JAILER
9 - COUNTY AND CITY WORKHOUSES
10 - HUMANE OFFICERS
11 - COUNTY PARKS AND RECREATION C
11A - MUSEUM COMMISSIONS
11B - WEST VIRGINIA TAX INCREMENT
12 - COUNTY AND MUNICIPAL DEVELOPM
12A - MAINTENANCE ASSOCIATIONS
13 - ECONOMIC OPPORTUNITY PROGRAMS
14 - CIVIL SERVICE FOR DEPUTY SHER
14B - CIVIL SERVICE FOR CORRECTION
14C - DEPUTY SHERIFFS; PROCEDURE F
14D - DEPUTY SHERIFF RETIREMENT SY
14E - ESTABLISHMENT OF CERTAIN FEE
15 - EMERGENCY AMBULANCE SERVICE A
16 - COUNTY SOLID WASTE AUTHORITIE
17 - COUNTY FIRE BOARDS
18 - HOTEL OCCUPANCY TAX
19 - COUNTY LINKED DEPOSIT PROGRAM
20 - FEES AND EXPENDITURES FOR COU
21 - COUNTY FINANCIAL STABILIZATIO
22 - COUNTY ECONOMIC OPPORTUNITY D
23 - LOCAL GOVERNMENT FLEXIBILITY
24 - APPALACHIAN REGION INTERSTATE
25 - RESORT AREA DISTRICTS
26 - WEST VIRGINIA SHERIFFS' BUREA
27 - LETTING OUR COUNTIES ACT LOCA
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14A. DEPUTY SHERIFFS' TORT LIABILITY.
This article may be cited and referred to as the "West Virginia Deputy Sheriffs' Tort Liability Act."
For the purpose of this article and as used in this article:
(a) "Deputy sheriffs" or "deputies" shall have the same meaning as those terms are given in subdivision (2), subsection (a), section two, article fourteen of this chapter, and shall, when used in this article, be limited, except when specifically authorized or when the context in which used clearly requires a broader or different application and meaning, to those deputy sheriffs serving under civil service protection pursuant to the provisions of article fourteen of this chapter.
(b) "County commissions" shall mean the county commission, or tribunal in lieu thereof, in counties wherein a civil service system for deputy sheriffs is required to be in effect or wherein such system is put into effect pursuant to article fourteen of this chapter.
(c) "Professional liability insurance" means an insuring agreement wherein the insurer agrees, subject to policy agreements, exclusions, conditions and limits, to pay all sums which the insured deputy sheriff shall or may become legally obligated to pay as damages because of bodily injury (including death) or property damages sustained by others and caused by an occurrence and arising out of such deputy sheriff's occupancy, maintenance or use of official operations or conduct in the performance of official duties.
§7-14A-3. County commission to purchase professional liability insurance; limits; additional insurance authorized; contribution from deputies.
Effective January 1, 1978, the county commission of each county wherein the provisions of this article are applicable, shall purchase a professional liability insurance policy covering all deputy sheriffs subject to this article, which policy shall provide for minimum coverage of $50,000 for each person injured or damaged in each occurrence and $100,000 total coverage for each occurrence. Every such policy shall be written on an occurrence basis only. Such policy shall be paid for out of the county General Revenue Fund. The county commission may purchase additional coverage and, as to such additional coverage, may pay all or any part of the premiums as it and its sole discretion deems appropriate or, as to such additional coverage may require contributions in whole or in part from the sheriff and from the deputy sheriffs required to be covered by such insurance. Such additional insurance may not be purchased and the premiums in whole or in part paid by such deputies except with the consent of the majority of the deputies to be covered thereby.
Any other provision of this code or rule of law to the contrary notwithstanding, on and after January 1, 1978, no sheriff shall be held jointly or severally liable on his official bond or otherwise for any act or conduct of any deputies subject to the provisions of this article committed on or after such date, except in cases where such deputy is acting in the presence of and under the direct, immediate and personal supervision of such sheriff, nor shall the county commission of a county nor the county itself be held so liable, and the liability of such sheriff, county or county commission in such cases shall be no greater than would be the liability of the superintendent of the department of public safety, or such department or the State of West Virginia under the same or substantially similar circumstances.