H. B. 3244

         (By Delegates Hamilton, Azinger, Romine and Evans)

         [Introduced February 21, 2011; referred to the

         Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to limiting the amount recoverable in lawsuits seeking damages for injury or death or property damage to the amount of insurance available to the tortfeasor.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-26, to read as follows:

ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-26. Limiting liability of a tortfeasor to the amount of               insurance coverage.

    Notwithstanding any other provision in this code to the contrary, the amount recoverable by a plaintiff for personal injury, wrongful death or damages to property, financial liability of any tortfeasor is limited to the amount of insurance carried by that person.

    NOTE: The purpose of this bill is to limit the amount recoverable in lawsuits seeking damages for injury or death or property damage to the amount of insurance available to the tortfeasor.

    This section is new; therefore, it has been completely underscored.